Jurisdictional Policy Advices by Corresponding Section of the Safety, Rehabilitation and Compensation Act 1988

Section	Advice Ref.	Title	Date Issued	Comments
Section 4
Interpretation	1999/01	Definition of Injury and Disease	18/10/1999	Australian Postal Corporation v Burch Partly amended by 2000/14 refer also 2007/7
	2000/14	Definition of Injury and Disease	15/12/2000	Kennedy Cleaning Services v Petkoska See also 1999/01 refer also 2007/7
	2007/04	Meaning of "contributed to in a material degree" in the definition of ‘disease’	7/5/2007	Comcare vs Sahu-Khan
	2007/09	Amendments to the Definition of "Suitable Employment"	29/6/07	SRCOLA 2007*
Section 5
Injury and Disease Section 5A and 5B provisions	2007/07	Amendments to injury and disease provisions	29/6/2007	SRCOLA 2007
Section 6
Journey and Recess Provisions	2007/08	Amendments to the travel and recess provisions	29/6/2007	SRCOLA 2007
Section 8
General Advice	2001/1	Normal Weekly Earnings in a changed Remuneration Environmen	15/10/2001	Comission approach in the light of Comcare v Thompson See also 2003/02
General Advice	2003/02	Normal Weekly Earnings in a changed Remuneration Environment	20/1/2003	See also 2001/16
SRC Act Amendments 8(9)B	2002/05	Indexation of Normal Weekly Earnings for ex-employees	17/4/2002	SRC Act Amendments
SRC Act Amendments 8(9)F	2008/07	Indexation of Normal Weekly Earnings for current employees	1/7/2008	SRC Act Amendments
Indexation	several	Indexation if Normal Weekly Earnings for ex-employees – 8(9)B	Annually from 2002 wef I July each year	SRC Regulations 2002 - see table of rates
Overtime	2006/13	Meaning of "required" and "regular"	19/12/2006	Comcare vs Pires Telstra Corp vs Peisley
Legislative Amendments	2007/10	Indexation of Normal Weekly Earnings for current employees Sections 8(9E), 8(9F), 8(9G) SRCOLA 2007	29/6/2007
Section 13
Indexation	Several	Indexation of prescribed rates under s13	Annual wef 1 July each year	See table of rates note: changes to 18/2 rates in SRCOLA 2007
Section 14
Exclusionary Provisions	2006/03	Exclusionary Provisions – Initial liability and reconsiderations after 11 March 20	28/2/2006	Hart v Comcare refer also 2007/07
Cessation of benefits	2005/06	Determinations to cease benefits	9/6/2005	Australian Postal Corporation v Oudyn Rosillo v Telstra Corporation Rowena Liu v Comcare
Section 17
General advice	2006/01	Calculation of Death Benefits	1 February 2006	Consistency of approach across jurisdiction
Indexation	Several	Indexation of prescribed rates under s13 -17(3), 17(4), 17(5) – Compensation for injury resulting in death	Annual wef 1 July each year	See table of rates
Section 18
General	2000/08	Application of the GST to payment rates set by the SRC Act	14/6/2000	New tax system July 2000
Indexation rates	Several	Indexation of prescribed rates under s13 - 18(2) funeral expenses	Annual wef 1 July each year	See table of rates
Legislative Amendments	2007/11	Increase in the maximum amount of funeral benefits	29/6/07	For future years please refer to s 13 statutory rates
Indexation	2007/14	18(2) rate from 1/7/2007	22/2/07	For future years please refer to s13 statutory rates
Section 19
Definition	2001/14	Definition of “Week” - 19(2)	17/10/2001	SRC Act Amendments
Incapacity	2001/15	Income to be taken into account in determining amount of compensation-19(2)	17/10/2001	Comcare v Chenhall SRC Act Amendments refer also 2007/09 in section 4
Incapacity	2000/02	Calculation of incapacity payments after 45 weeks - 19(3)	4/8/2000	To restore the intent of ss19(3)
AWE Increases	Several	Increases to Average Weekly Earnings of full-time adults	quarterly	Based on information published by the Australian Bureau of Statistics. See table of rates.
Indexation	several	Indexation of prescribed rates under s 13 - 19(7) minimum earnings, employee - 19(8) added amount for prescribed person - 19(9) added amount, prescribed children	Annual wef 1 July each year	See table of rates
Sections 20 - 21
Incapacity/superannuation	2000/11	Incapacity payments to employees in receipt of superannuation benefit	9/11/2000	2001/18 see also 2007/12
Incapacity/superannuation	2001/18	Incapacity payments to employees receiving superannuation benefit	6/12/2001	See also 2001/11 and 2007/12
Legislative Amendments	2007/12	Calculation of post retirement weekly payments for employees in receipt of superannuation	29/6/07	SRCOLA Amendments 2007
Legislative Amendments	2007/13	Rate applicable for calculation of payments under s 21(3) and 21(A3)	29/6/07	SRCOLA Amendments 2007
Section 23
Incapacity Payments	1999/02	Incapacity payments to employees aged over 63	2/12/99	Public Service Act 1999 SRC Act Amendments See also 2001/0
Incapacity Payments	2001/09	Incapacity payments to employees aged over 63	8/10/2001	See also 1999/02
Section 24
Permanent Impairment	2005/10	Permanent ImpairmentI Guide – second edition	17/11/2006	By regulation
Permanent Impairment	2001/11	Compensation payable for hearing loss	8/10/2001	SRC Act Amendments
Indexation	several	Indexation of prescribed rates under s13 - 24(9) maximum amount of compensation for permanent impairment	Annual wef I July each year	See table of rates
Consequential Injuries	2007/05	Implications of High Court decision on consequential injuries	8/5/07	Canute vs Comcare (Permanent Impairment)
Section 26
Interest	2003/08	Interest rate to apply to late compensation payments for injuries resulting in permanent impairment – 26(3)	1/7/2003	Gazettal – 25 June 2003
Section 27
Non-economic loss	2001/04	Claims for non-economic loss in respect to permanent impairments which occurred before 1 December 1988	24/4/2001	SRC Act Amendments See also 2001/13
Non-economic loss	2001/13	Claims for non-economic loss in respect to permanent impairments which occurred before 1 December 1988	8/10/2001	SRC Act Amendments Partly amends 2001/04
Indexation	Several	Indexation of prescribed rates under s13 - 27(2) impairment component, non-economic loss component	Annual wef 1 July each year	See table of rates.
Section 28
Consequential Injuries	2007/05	Implications of High Court decision on Consequential injuries	8/5/2007	Canute vs Camcare
Approved Guide	2005/10	PI Guide Second Edition	17/11/2005
Section 29
General	2000/08	Application of the GST to payment rates set by the SRC Act	14/6/2000	New tax system July 2000
Household services and attendant care services	Several	Indexation of prescribed rates under s13 - 29(1) household services - 29(3) attendant care services	Annual wef 1 July each year	See table of rates

Section 30
Redemption/ Indexation	Several	Indexation of prescribed rates under s13 - 30(1) maximum payment per week to qualify for redemption	Annual wef 1 July each year	See table of rates
Section 34
Rehabilitation	2003/03	Avoiding potential conflict of interest in the provision of occupational rehabilitation services	13/3/2003
Rehabilitation assistance	2008/08	Provision of rehabilitation assistance for severely incapacitated employees	22 July 2008	Also relates to section 29 of the Act
Sections 36 & 37
Rehabilitation programs	2005/02	Suspension of Compensation	1/3/2005	Australian Postal Corporation v Forgie
Suitable Employment	2007/09	Amendment to the definition of "Suitable Employment"	29/06/2007	SRCOLA 2007
Sections 44 & 45
Action for Damages	2001/10	Common law remedies for dependants of deceased employees	8/10/2001	SRC Act Amendments
Section 48
Recovery of Compensation	2006/14	Application of section 48 to damages awarded under state jurisdictions	19/12/2006	Confirms the intention of the Act
Section 57
Power to require medical examination	2000/05	Use of fitness for duty provisions	27/6/2000	Privacy Act 1988
Section 67
AAT Costs	2004/4	Use of Calderbank offers and submissions concerning legal costs at the Administrative Appeals Tribunal.	6/2004
Section 131
Former Employees	2001/12	Normal Weekly Earnings for former employees	8/10/2001	SRC Act Amendments See 131(2A) and 131(3A) of the Act
Section 137
Redemption/Indexation	Several	Indexation of prescribed rates under s13 - 137(1) maximum payment per week to qualify for redemption – former employee	Annual wef 1 July each year	See table of rates
Life Tables	Several		When issued	To calculate “expectation of life” component of redemption – from Australian Bureau of statistics. See life tables
General
Privacy	2002/04	Claims Management Privacy Advice	25/3/2002	Privacy Act 1988

*Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007

Page last updated:November 13, 2008