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Forum
Started Jan 05 2013, 19:12
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Jan 05 2013, 19:12
The Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) establishes the workers’ compensation scheme covering employees of the Commonwealth and statutory authorities, the ACT Government and its agencies, and the employees of licensed corporations. Military personnel injured prior to 1 July 2004 during non-operational service are covered by the SRC Act as well as the Veterans’ Entitlements Act 1986 (Cth).
The SRC Act also establishes Comcare, which is responsible for workplace safety, rehabilitation and compensation, and the Safety, Rehabilitation and Compensation Commission (SRCC)—a statutory body with regulatory functions relating to workers’ compensation and OHS.
The Military Rehabilitation and Compensation Act 2004 (MRC Act) provides rehabilitation, medical treatment and compensation for members and former members of the Australian Defence Force and their dependants in respect of injury, disease or death related to service rendered on or after 1 July 2004.The workers’ compensation provided under the MRC Act is ‘based on the SRC Act and VEA provisions’.
Seacare is the national scheme of OHS, workers’ compensation and rehabilitation arrangements that applies to defined seafaring employees.The Seacare scheme is overseen by the Seafarers Safety, Rehabilitation and Compensation Authority which monitors and administers the operation of the Seafarers Rehabilitation and Compensation Act 1992 (Cth) (Seafarers Act).
The focus of this chapter is on the Commonwealth statutory arrangements. At a Commonwealth level there is also limited access to common law remedies against employers. To have access to common law remedies the worker must have a successful permanent impairment claim. Common law remedies are restricted to damages for non-economic loss; and election of common law is irrevocable.
ID#43405
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