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


WORKERS COMPENSATION AMENDMENT (COMMISSION MEMBERS) BILL 2010




Workers Compensation Amendment
(Commission Members) Bill 2010
No     , 2010


A Bill for

An Act to amend the Workplace Injury Management and Workers Compensation Act
1998 with respect to the members of the Workers Compensation Commission; and
to make a consequential amendment to the Statutory and Other Offices
Remuneration Act 1975.
Clause 1      Workers Compensation Amendment (Commission Members) Bill 2010




The Legislature of New South Wales enacts:                                    1

 1    Name of Act                                                             2

           This Act is the Workers Compensation Amendment (Commission         3
           Members) Act 2010.                                                 4

 2    Commencement                                                            5

           This Act commences on the date of assent to this Act.              6




Page 2
Workers Compensation Amendment (Commission Members) Bill 2010

Amendment of Workplace Injury Management and Workers Compensation     Schedule 1
Act 1998 No 86



Schedule 1             Amendment of Workplace Injury                                   1
                       Management and Workers                                          2
                       Compensation Act 1998 No 86                                     3

[1]   Section 368                                                                      4

      Omit the section. Insert instead:                                                5

      368   Members of Commission                                                      6

             (1)    The Commission consists of the following members:                  7
                    (a) a President,                                                   8
                    (b) Deputy Presidents,                                             9
                    (c) a Registrar,                                                  10
                    (d) Arbitrators.                                                  11

             (2)    The members of the Commission are to be appointed by the          12
                    Minister.                                                         13

             (3)    The instrument of appointment of a member is to specify whether   14
                    a member has been appointed as:                                   15
                    (a) the President, or                                             16
                    (b) a Deputy President, or                                        17
                    (c) the Registrar, or                                             18
                    (d) an Arbitrator.                                                19

             (4)    One or more of the Arbitrators may be appointed as a Senior       20
                    Arbitrator, either by the instrument of appointment of the        21
                    Arbitrator or by a later instrument executed by the Minister.     22

[2]   Schedule 5 Provisions relating to members of Commission                         23

      Omit clause 4. Insert instead:                                                  24

        4   Remuneration                                                              25

             (1)    The following are entitled to be paid remuneration (including     26
                    travelling and subsistence allowances) in accordance with the     27
                    Statutory and Other Offices Remuneration Act 1975:                28
                     (a) a Presidential member,                                       29
                    (b) the Registrar,                                                30
                     (c) a Senior Arbitrator or any other Arbitrator appointed on a   31
                           full-time basis by the instrument of appointment of the    32
                           Arbitrator or by a later instrument executed by the        33
                           Minister.                                                  34




                                                                           Page 3
                     Workers Compensation Amendment (Commission Members) Bill 2010

Schedule 1           Amendment of Workplace Injury Management and Workers Compensation
                     Act 1998 No 86



               (2)      Any other Arbitrator is entitled to be paid such remuneration         1
                        (including travelling and subsistence allowances) in respect of       2
                        work done as a member of the Commission as the Minister may           3
                        from time to time determine in respect of the Arbitrator.             4

[3]   Schedule 5, clause 6 Vacancy in office                                                  5

      Omit "(other than an Arbitrator)" from clause 6 (2).                                    6

[4]   Schedule 5, clause 6 (3)                                                                7

      Omit the subclause.                                                                     8

[5]   Schedule 5, clause 8 Seniority                                                          9

      Insert after clause 8 (1) (c):                                                         10

              (c1)      Senior Arbitrators according to the days on which their              11
                        appointments took effect or, if the appointments of 2 of them took   12
                        effect on the same day, according to the precedence assigned to      13
                        them by their instruments of appointment,                            14

[6]   Schedule 5, clause 13                                                                  15

      Insert after clause 12:                                                                16

         13   2010 Amending Act--saving of existing appointments                             17

               (1)      The substitution of section 368 of this Act by the Workers           18
                        Compensation Amendment (Commission Members) Act 2010                 19
                        does not affect the continuity in office of any member of the        20
                        Commission holding office immediately before the                     21
                        commencement of that Act.                                            22

               (2)      An Arbitrator holding office immediately before the                  23
                        commencement of that Act is eligible to be appointed as a Senior     24
                        Arbitrator or on a full-time basis                                   25




Page 4
Workers Compensation Amendment (Commission Members) Bill 2010

Amendment of Statutory and Other Offices Remuneration Act 1975 (1976   Schedule 2
No 4)



Schedule 2             Amendment of Statutory and Other                              1
                       Offices Remuneration Act 1975 (1976                           2
                       No 4)                                                         3

      Schedule 2 Public Offices                                                      4

      Insert in Part 1 after the matter relating to the Registrar of the Workers     5
      Compensation Commission:                                                       6

                   Senior Arbitrator or other full-time Arbitrator of the Workers    7
                   Compensation Commission                                           8




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