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This is a Bill, not an Act. For current law, see the Acts databases.

OCCUPATIONAL HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Occupational Health and Safety and
Other Legislation Amendment Bill 2009
No. , 2009
(Education, Employment and Workplace Relations)
A Bill for an Act to amend legislation relating to
health, safety, rehabilitation and compensation, and
for related purposes
i Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. ,
2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Occupational Health and
Safety Act 1991
3
Schedule 2--Amendment of the Occupational Health and
Safety (Maritime Industry) Act 1993
5
Schedule 3--Amendment of the Safety, Rehabilitation and
Compensation Act 1988
6
Part 1--Amendments
6
Part 2--Saving provision
8
Schedule 4--Amendment of the Seafarers Rehabilitation and
Compensation Act 1992
9
Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. , 2009
1
A Bill for an Act to amend legislation relating to
1
health, safety, rehabilitation and compensation, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Occupational Health and Safety and
6
Other Legislation Amendment Act 2009.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. ,
2009
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
4
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule has effect according to
10
its terms.
11
12
Amendment of the Occupational Health and Safety Act 1991 Schedule 1
Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. , 2009
3
Schedule 1--Amendment of the Occupational
1
Health and Safety Act 1991
2
3
1 Subsection 5(1) (subparagraph (a)(ii) of the definition of
4
Government business enterprise)
5
Omit "instrument published in the Gazette", substitute "legislative
6
instrument".
7
2 Subsection 5(1)
8
Insert:
9
lift means any plant, together with any supporting structure,
10
machinery, equipment, gear, lift well, enclosures and entrances,
11
that:
12
(a) has a platform or cage, the direction or movement of which is
13
restricted by a guide or guides; and
14
(b) that is used, or is designed to be used, to raise or lower
15
persons, goods or materials; and
16
(c) is in, or is attached to, a building or other structure.
17
Example: A chair lift, escalator, moving walk or stairway lift.
18
3 Subsection 5(1) (at the end of the definition of plant)
19
Add:
20
Example: A
lift.
21
4 Subsection 5(8)
22
Repeal the subsection.
23
5 Subsection 6(2)
24
Omit "notice in writing", substitute "legislative instrument".
25
6 Subsection 6(4)
26
Repeal the subsection.
27
7 Subsection 7(2)
28
Omit "notice in writing", substitute "legislative instrument".
29
8 Subsection 7(4)
30
Schedule 1 Amendment of the Occupational Health and Safety Act 1991
4 Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. ,
2009
Repeal the subsection.
1
9 Subparagraphs 9(2)(c)(i) and (ii)
2
Omit "notice in writing", substitute "legislative instrument".
3
10 Subsection 9(5)
4
Omit "notice in writing", substitute "legislative instrument".
5
11 Paragraph 9(5)(b)
6
Omit "notice", substitute "legislative instrument".
7
12 Subsection 9(6)
8
Repeal the subsection.
9
13 At the end of section 19
10
Add:
11
(4) This section does not apply to the owner of a workplace in relation
12
to the supply of a lift in the workplace.
13
14 Subsection 70(5)
14
Repeal the subsection.
15
15 Subsection 70(6)
16
Omit "disallowable instrument for the purposes of section 46A of the
17
Acts Interpretation Act 1901", substitute "legislative instrument".
18
19
Amendment of the Occupational Health and Safety (Maritime Industry) Act 1993
Schedule 2
Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. , 2009
5
Schedule 2--Amendment of the Occupational
1
Health and Safety (Maritime Industry)
2
Act 1993
3
4
1 Subsection 109(5)
5
Repeal the subsection.
6
2 Subsection 109(6)
7
Omit "disallowable instrument for the purposes of section 46A of the
8
Acts Interpretation Act 1901", substitute "legislative instrument".
9
10
Schedule 3 Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1 Amendments
6 Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. ,
2009
Schedule 3--Amendment of the Safety,
1
Rehabilitation and Compensation Act
2
1988
3
Part 1--Amendments
4
1 Paragraph 6(1)(b)
5
Repeal the paragraph, substitute:
6
(b) while the employee was at the employee's place of work, for
7
the purposes of that employment, or was temporarily absent
8
from that place during an ordinary recess in that employment;
9
or
10
2 After subsection 36(4)
11
Insert:
12
(4A) However, subsection (4) does not operate to suspend the
13
employee's right to compensation for the cost of medical treatment
14
that is payable under section 16.
15
3 After subsection 37(7)
16
Insert:
17
(7A) However, subsection (7) does not operate to suspend the
18
employee's right to compensation for the cost of medical treatment
19
that is payable under section 16.
20
4 After subsection 50(5)
21
Insert:
22
(5A) However, paragraph (5)(b) does not operate to suspend the
23
employee's right to compensation for the cost of medical treatment
24
that is payable under section 16.
25
5 Before subsection 61(1)
26
Insert:
27
(1A) The determining authority must consider and determine each claim
28
for compensation under section 14 within the period prescribed by
29
the regulations.
30
Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 3
Amendments Part 1
Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. , 2009
7
6 At the end of section 62
1
Add:
2
(6) The determining authority or person must decide a request made by
3
a claimant to reconsider a determination within the period
4
prescribed by the regulations.
5
7 After paragraph 90B(a)
6
Insert:
7
(ab) to enable Comcare to discharge a liability incurred because of
8
an event or process that:
9
(i) happened or commenced before 1 December 1988; and
10
(ii) results in an injury, loss or damage that first manifests
11
itself on or after 1 December 1988.
12
Example: An event--a person's inhalation of asbestos fibres--that happened
13
before 1 December 1988 and results in an injury, loss or damage--the
14
person's contraction of mesothelioma--that manifests itself on or after
15
1 December 1988.
16
Note:
The heading to section 90B is altered by omitting "liabilities under Part X" and
17
substituting "long-term liabilities".
18
8 Paragraph 90B(b)
19
Omit all the words after "claims for", substitute "a liability mentioned
20
in paragraph (a) or (ab).".
21
9 Subparagraph 90C(1)(a)(i)
22
After "paragraph 90B(a)", insert "or (ab)".
23
24
Schedule 3 Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 2 Saving provision
8 Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. ,
2009
Part 2--Saving provision
1
10 Saving--Payments under section 90B
2
(1) This item applies if:
3
(a) the Commonwealth paid an amount to Comcare under
4
section 90B of the Safety, Rehabilitation and Compensation
5
Act 1988 before the commencement of this item; and
6
(b)
that
amount:
7
(i) was not payable to Comcare under that section at that
8
time; but
9
(ii) would have been payable under that section if the
10
amendments made by this Schedule had been in force at
11
that time.
12
(2) The Commonwealth may recover the amount already paid to
13
Comcare as a debt.
14
(3) Comcare is entitled, on the commencement of this item, to be paid
15
that amount by the Commonwealth.
16
(4) The Commonwealth may set-off the amount that Comcare is
17
entitled to be paid against the amount already paid to Comcare.
18
(5) The Consolidated Revenue Fund is appropriated for the purposes
19
of this item.
20
21
Amendment of the Seafarers Rehabilitation and Compensation Act 1992 Schedule 4
Occupational Health and Safety and Other Legislation Amendment Bill 2009 No. , 2009
9
Schedule 4--Amendment of the Seafarers
1
Rehabilitation and Compensation Act
2
1992
3
4
1 Paragraph 10(1)(b)
5
Omit "written notice", substitute "legislative instrument".
6
2 Paragraph 10(1)(b)
7
Omit "the notice", substitute "the instrument".
8
3 Paragraph 28(6A)(b) (definition of Specified rate per
9
kilometre)
10
Omit "by written notice", substitute ", by legislative instrument,".
11
4 After subsection 42(3)
12
Insert:
13
(3A) A Guide under subsection (1), or variation or revocation of a Guide
14
under subsection (2), that is approved by the Minister is a
15
legislative instrument.
16
5 Subsections 42(7), (9) and (10)
17
Repeal the subsections.
18
6 Subsection 44(3)
19
Omit "notice in writing", substitute "legislative instrument".
20
7 Paragraph 49(6B)(b) (definition of Specified rate per
21
kilometre)
22
Omit "specifies by written notice", substitute ", by legislative
23
instrument, specifies".
24
8 Paragraph 50(2B)(b) (definition of Specified rate per
25
kilometre)
26
Omit "specifies by written notice", substitute ", by legislative
27
instrument, specifies".
28
Schedule 4 Amendment of the Seafarers Rehabilitation and Compensation Act 1992
10 Occupational Health and Safety and Other Legislation Amendment Bill 2009 No.
, 2009
9 Subsection 66(4B) (definition of specified rate per
1
kilometre)
2
Omit "specifies by written notice", substitute ", by legislative
3
instrument, specifies".
4
10 Subsection 66(6)
5
Omit "written notice", substitute "legislative instrument".
6
11 Subsection 83A(5) (definition of specified rate per
7
kilometre)
8
Omit "specifies by written notice", substitute ", by legislative
9
instrument, specifies".
10
12 Subsection 83A(9)
11
Omit "written notice", substitute "legislative instrument".
12
13 Subsection 130(3)
13
Omit "notice in writing", substitute "legislative instrument".
14
14 Subsection 139(7) (definition of specified law)
15
Omit "written notice", substitute "legislative instrument".
16
15 Section 142
17
Repeal the section.
18

 

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