Footnotes

CHAPTER 1

[1]        Votes and Proceedings, 19 March 2014, p. 389.

[2]        Journals of the Senate, 15 May 2014, p. 819.

[3]        https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_          Employment/Safety_Rehabilitation_and_Compensation_Legislation_Amendment_Bill_2014  (accessed 6 June 2014).

[4]        Productivity Commission Inquiry Report No 27, March 2004, National Workers' Compensation and Occupational Health and Safety Frameworks, pp XL– XLI.

[5]        Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014,  p. v.

[6]        Australian Government, Department of Education, Employment and Workplace Relations, Report of the Review of Self-insurance arrangements under the Comcare Scheme,                  January 2009, p. 7. On 18 September 2013 the Department of Education and the Department of Employment was created out of the former Department of Education, Employment and Workplace Relations.

[7]        Australian Government, Department of Employment, Allan Hawke AC, Safety Rehabilitation and Compensation Act Review: Report of the Comcare Scheme's Performance, Governance and Financial Framework, 7 December 2012, p. 3.

[8]        Australian Government, Department of Employment, Allan Hawke AC, Safety Rehabilitation and Compensation Act Review: Report of the Comcare Scheme's Performance, Governance and Financial Framework, 7 December 2012, p. 3.

[9]        Australian Government, Department of Employment, Allan Hawke AC, Safety Rehabilitation and Compensation Act Review: Report of the Comcare Scheme's Performance, Governance and Financial Framework, 7 December 2012, p. 34.

[10]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. v.

[11]      Explanatory Memorandum, Safety Rehabilitation and Compensation Bill 2014, p. i.

[12]      Explanatory Memorandum, Safety Rehabilitation and Compensation Bill 2014, p. i.

[13]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. 45.

[14]      Explanatory Memorandum, Safety Rehabilitation and Compensation Bill 2014, pp i–ii.

[15]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014,  pp 1–7.

[16]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, pp 1–7.

[17]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, pp 8–43.

[18]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. 44.

[19]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, pp 45–46.

[20]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, pp 45–46; Safety Rehabilitation and Compensation Act 1968, s. 6(3).

[21]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. 47.

[22]      Explanatory Memorandum, Safety Rehabilitation and Compensation Bill 2014, at Statement of Compatibility, p. ii.

[23]      Explanatory Memorandum, Safety Rehabilitation and Compensation Bill 2014, at Statement of Compatibility, p. vi.

CHAPTER 2 - Key Issues

[1]        Community and Public Sector Union, Submission 5, p. 8; CFMEU Mining and Energy, Submission 2, p. 1; Australian Lawyers Alliance, Submission 15, p. 7.

[2]        CFEMU Mining and Energy, Submission 2; Australian Manufacturing Workers' Union, Submission 4; Community Public Sector Union, Submission 5; Slater & Gordon Lawyers, Submission 8; Australian Council of Trade Unions, Submission 13; Law Council of Australia, Submission 14; Australian Lawyers Alliance, Submission 15.

[3]        Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, ss. 4(1).

[4]        Slater & Gordon Lawyers, Submission 8, p. 4.

[5]        Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, pp 1–7.

[6]        Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, ss. 4(1).

[7]        The Hon. Christopher Pyne, MP, Minister for Education, House of Representatives Hansard, 19 March 2014, p. 2381.

[8]        Slater & Gordon Lawyers, Submission 8, p. 5; Law Council of Australia, Submission 14.

[9]        Queensland Council of Unions, Submission 1, pp 3–4; Australian Manufacturing Workers' Union, Submission 4, p. 4; Community and Public Sector Union, Submission 5, pp 7–8; Shop, Distributive and Allied Employees' Association, Submission 7, p. 4; Slater & Gordon Lawyers, Submission 8, pp 5–8; Australian Council of Trade Unions, Submission 13, pp 8–10; Law Council of Australia, Submission 14, p. 3; Australian Lawyers Alliance, Submission 15, pp 6–7.

[10]      Australian Council of Trade Unions, Submission 13, p. 9; Slater & Gordon Lawyers, Submission 8, p. 5.

[11]      Australian Council of Trade Unions, Submission 13, p. 9.

[12]      Australian Chamber of Commerce and Industry, Submission 10, p. 1; National Electrical and Communications Association, Submission 9, p. 3.

[13]      National Electrical and Communications Association, Submission 9, p. 3.

[14]      Ms Sandra Parker, Deputy Secretary, Department of Employment, Estimates transcript of evidence, 3 June 2014, p. 118.

[15]      Australian Chamber of Commerce and Industry, Submission 10, p. 1.

[16]      Comcare, Submission 11, p. 3.

[17]      Ms Sandra Parker, Deputy Secretary, Department of Employment, Estimates transcript of evidence, 3 June 2014, p. 118.

[18]      Australian Council of Trade Unions, Submission 13; Law Council of Australia, Submission 14.

[19]      Queensland Council of Unions, Submission 1; Law Council of Australia, Submission 14; Queensland Government, Submission 17.

[20]      Queensland Government, Submission 17, p. 11.

[21]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. xliii.

[22]      Australian Manufacturing Workers' Union, Submission 4, p. 5.

[23]      Community and Public Sector Union, Submission 5, p. 7.

[24]      Law Council of Australia, Submission 14, p. 3.

[25]      Queensland Council of Unions, Submission 2, p. 2.

[26]      Department of Education, Employment and Workplace Relations, Taylor Fry, Review of self-insurance arrangements under the Comcare scheme, 15 May 2008, p. 80.

[27]      Department of Education, Employment and Workplace Relations, Taylor Fry, Review of self-insurance arrangements under the Comcare scheme, 15 May 2008, p. 81.

[28]      Community and Public Sector Union, Submission 5, p. 8.

[29]      Finance Sector Union, Submission 3, p. 4.

[30]      Department of Employment, Submission 6, p. 4.

[31]      Australian Lawyers Alliance, Submission 15, p. 7.

[32]      Department of Employment, Submission 6, p. 7.

[33]      Comcare, Submission 11, p. 4.

[34]      Community and Public Sector Union, Submission 5, p. 8; CFMEU Mining and Energy, Submission 2, p. 1.

[35]      Department of Employment, Submission 6, p. 11.

[36]      Comcare, answer to questions on notice, 20 June 2014 (received 17 June 2014).

[37]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014,  p. xii.

[38]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014,  p. xii.

[39]      Australian Manufacturing Workers' Union, Submission 4; Community Public Sector Union, Submission 5; Australian Council of Trade Unions, Submission 13; Law Council of Australia, Submission 14; Australian Lawyers Alliance, Submission 15.

[40]      CFEMU Mining and Energy, Submission 2; Slater & Gordon Lawyers, Submission 8; Australian Federal Police Association, Submission 12.

[41]      Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, ss. 14(3).

[42]      The Hon. Christopher Pyne, MP, Minister for Education, House of Representatives Hansard, 19 March 2014, p. 2381.

[43]      Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, ss. 147(2).

[44]      CFEMU Mining and Energy, Submission 2, p. 3; Slater & Gordon Lawyers, Submission 8, p. 5; Law Council of Australia, Submission 14, p. 4; Unions NSW, Submission 16, p. 8.

[45]      Law Council of Australia, Submission 14, p. 5; Unions NSW, Submission 16, pp 4–5.

[46]      CFEMU Mining and Energy, Submission 2, p. 3; Finance Sector Union of Australia, Submission 3, p. 7; Australian Manufacturing Workers' Union, Submission 4, p. 6; Community Public Sector Union, Submission 5, p. 6; Slater & Gordon Lawyers, Submission 8, p. 5; Australian Council of Trade Unions, Submission 13, pp 13–14; Law Council of Australia, Submission 14, p. 5; Australian Lawyers Alliance, Submission 15, pp 8–9.

[47]      Australian Council of Trade Unions, Submission 13, p. 12.

[48]      Mr Trevor Clarke, Australian Council of Trade Unions, Committee Hansard, 20 June 2014,
pp 24–25.

[49]      Ms Renee Leon, PSM, Secretary, Department of Employment, Estimates transcript of evidence, 3 June 2014, p. 25.

[50]      Australian Federal Police Association, Submission 12, p. 4.

[51]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. xii.

[52]      The Hon. Eric Abetz, Minister for Employment, Estimates transcript of evidence, 3 June 2014, p. 116.

[53]      Mr Greg Pattison, Special Advisor Workplace Health, Safety and Compensation Policy, ACCI, Committee Hansard, 3 June 2014, p. 11.

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

[55]      Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, para. 6(1)(b).

[56]      Ms Renee Leon, PSM, Secretary, Department of Employment, Estimates transcript of evidence, 3 June 2014, p. 117.

[57]      CFMEU Mining and Energy, Submission 2, p. 3; Financial Sector Union of Australia, Submission 3, p. 6.

[58]      Slater & Gordon Lawyers, Submission 8; Australian Federal Police Association, Submission 12; Australian Lawyers Alliance, Submission 15.

[59]      Mr Jon Hunt-Sharman, Australian Federal Police Association, Committee Hansard,                 20 June 2014, p. 27.

[60]      Mr Wayne McAndrew, CFMEU Mining and Energy, Committee Hansard, 20 June 2014, p. 28.

[61]      Australian Government, Department of Education, Employment and Workplace Relations, Report of the Review of Self-insurance arrangements under the Comcare Scheme,
January 2009, p. 7.

[62]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. xi.

[63]      The Hon. Christopher Pyne, MP, Minister for Education, House of Representatives Hansard, 19 March 2014, p. 2381.

[64]      Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, ss. 6(3).

[65]      Slate & Gordon Lawyers, Submission 2, p. 7.

[66]      Mr Wayne McAndrew, CFMEU Mining and Energy, Committee Hansard, 20 June 2014,   
pp 22–23; Mr Rogan McMahon-Hogan, Australian Federal Police Association, Committee Hansard, 20 June 2014, pp 24–25.

[67]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. 45.

[68]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. xi.

LABOR SENATORS’ DISSENTING REPORT

[1]        Australian Council of Trade Unions (ACTU), Submission 13, p. 13.

[2]        Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014, p. xi.

[3]        Mr Bill Redpath, Member, Personal Injuries and Compensation Committee, Law Council of Australia, Proof Committee Hansard, 20 June 2014, p. 2.

[4]        The Cost of Work-related Injury and Illness for Australian Employers, Workers and the Community: 2008-09, Safe Work Australia, Canberra, January 2012.

[5]        Ms Sandra Parker, Deputy Secretary, Workplace Relations and Economic Strategy, Department of Employment, Proof Committee Hansard, 20 June 2014, p. 40.

[6]        Department of Employment, Answers to Questions on Notice, 20 June 2014 (received 2 July 2014).

[7]        Ms Sandra Parker, Deputy Secretary, Workplace Relations and Economic Strategy, Department of Employment, Proof Committee Hansard, 20 June 2014, p. 45

[8]        CFEMU Mining and Energy, Submission 2, p. 3; Slater & Gordon Lawyers, Submission 8, p. 5; Law Council of Australia, Submission 14, p. 4; Unions NSW, Submission 16, p. 8.

[9]        Law Council of Australia, Submission 14; Unions NSW, Submission 16; CFEMU Mining and Energy, Submission 2; Finance Sector Union of Australia, Submission 3; p. 7; Australian Manufacturing Workers' Union, Submission 4; Community Public Sector Union, Submission 5; Slater & Gordon Lawyers, Submission 8; Australian Council of Trade Unions, Submission 13; Law Council of Australia, Submission 14; Australian Lawyers Alliance, Submission 15.

[10]      Australian Council of Trade Unions, Submission 13, p. 12; Mr Trevor Clarke, Australian Council of Trade Unions, Senate Hansard, 3 June 2014, pp 24–25.

[11]      Comcare, Answer to Questions on Notice, 20 June 2014 (received 17 June 2014). pp 5–6.

[12]      Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007.

[13]      Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011.

[14]      Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, para. 6(1)(b).

[15]      Mr Bill Redpath, Member, Personal Injuries and Compensation Committee, Law Council of Australia, Proof Committee Hansard, 20 June 2014, p. 2.

[16]      CFMEU Mining and Energy, Submission 2, p. 3; Financial Sector Union of Australia, Submission 3, p. 6.

[17]      Slater & Gordon Lawyers, Submission 8; Australian Federal Police Association, Submission 12; Australian Lawyers Alliance, Submission 15.

[18]      Mr Bill Redpath, Member, Personal Injuries and Compensation Committee, Law Council of Australia, Proof Committee Hansard, 20 June 2014, p. 3.

[19]      Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, ss. 6(3).

[20]      Slater & Gordon Lawyers, Submission 8, p. 7.

[21]      Ms Rachel James, NSW General Manager, Slater & Gordon Lawyers, Proof Committee Hansard, 20 June 2014, p. 17.

[22]      Licensing and other immediate amendments under the Safety, Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department of Employment, February 2014,  p. xii.

[23]      Slater & Gordon Lawyers, Submission 8, p. 3.

[24]      Proof Committee Hansard, 20 June 2014, p. 15–16.

[25]      Comparative Performance Monitoring 2013, 15th edition, Safe Work Australia, 2013, p. 2.

[26]      Mr Gregory Pattison, Special Advisor Workplace Health, Safety and Compensation Policy, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 20 June 2014, p. 10.

[27]      Mr Paul O’Connor, Chief Executive Officer, Comcare, Proof Committee Hansard, 20 June 2014, p. 37.

[28]      Ibid, p. 38.

[29]      Slater & Gordon Lawyers, Submission 8, footnote 2.

[30]      Slater & Gordon Lawyers, Submission 8, p. 7, from s. 275 and s. 280 of the Workplace Injury and Management and Workers Compensation Act 1998.

[31]      Australian Lawyers Alliance, Submission 15, p. 7.

[32]      Department of Employment, Submission 6, p. 7.

[33]      Comcare, Answer to Questions on Notice, 20 June 2014 (received 17 June 2014).

AUSTRALIAN GREENS' DISSENTING REPORT

[1]        http://greens.org.au/policies/employment-workplace-relations (accessed 7 July 2014).