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WORKERS REHABILITATION AND COMPENSATION AMENDMENT (VALIDATION) BILL 20 OF 2012

                                    TASMANIA

                                     __________


                   WORKERS REHABILITATION AND
               COMPENSATION AMENDMENT (VALIDATION)
                             BILL 2012
                                     __________

                                    CONTENTS
          1.      Short title
          2.      Commencement
          3.      Principal Act
          4.      Section 164C inserted
                    164C. Validation of certain guidelines, &c.
          5.      Repeal of Act




[Bill 20]-XI

 


 

2

 


 

WORKERS REHABILITATION AND COMPENSATION AMENDMENT (VALIDATION) BILL 2012 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. P. R. ALCOCK, Clerk of the House 21 June 2012 (Brought in by the Minister for Workplace Relations, the Honourable David James O'Byrne) A BILL FOR An Act to amend the Workers Rehabilitation and Compensation Act 1988 by inserting provisions validating certain guidelines, and for related matters Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Workers Rehabilitation and Compensation Amendment (Validation) Act 2012. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. [Bill 20] 3

 


 

Workers Rehabilitation and Compensation Amendment (Validation) Act 2012 Act No. of s. 3 3. Principal Act In this Act, the Workers Rehabilitation and Compensation Act 1988* is referred to as the Principal Act. 4. Section 164C inserted After section 164B of the Principal Act, the following section is inserted in Part XIII: 164C. Validation of certain guidelines, &c. (1) In this section - April 2011 guidelines means the document, relating to the assessment of permanent impairment under this Act, that was - (a) referred to, at a meeting of the Board on 10 August 2010, as "Guidelines for the Assessment of Permanent Impairment"; and (b) approved by the Board at that meeting as guidelines for the assessment of permanent impairment under this Act to take *No. 4 of 1988 4

 


 

Workers Rehabilitation and Compensation Amendment (Validation) Act 2012 Act No. of s. 4 effect following the completion of certain training - and includes any appendices attached to the document when the Board approved the guidelines; October 2011 guidelines means the document, relating to the assessment of permanent impairment under this Act, that was - (a) referred to, at a meeting of the Board on 20 September 2011, as "Version 3 of the Tasmanian `Guidelines for the Assessment of Permanent Impairment'"; and (b) approved by the Board at that meeting as guidelines for the assessment of permanent impairment under this Act to take effect on 1 October 2011 - and includes any appendices attached to the document when 5

 


 

Workers Rehabilitation and Compensation Amendment (Validation) Act 2012 Act No. of s. 4 the Board approved the guidelines. (2) Any guidelines for the assessment of permanent impairment under this Act in force before 1 April 2011 are to be taken to have been revoked immediately before that day. (3) The April 2011 guidelines are to be taken - (a) to have been validly issued by the Board on 1 April 2011 and to have been in effect as guidelines for the assessment of permanent impairment under this Act on and from that date until immediately before 1 October 2011; and (b) to have been revoked immediately before 1 October 2011. (4) The October 2011 guidelines are to be taken to have been validly issued by the Board on 20 September 2011 and to have taken effect as guidelines for the assessment of permanent impairment under this Act on and from 1 October 2011. (5) Nothing in this section is to be taken to prevent the Board revoking the October 2011 guidelines. 6

 


 

Workers Rehabilitation and Compensation Amendment (Validation) Act 2012 Act No. of s. 5 (6) An assessment of permanent impairment is not made, or to be taken to have been made, under this Act or the Asbestos- Related Diseases (Occupational Exposure) Compensation Act 2011 unless - (a) if the assessment was undertaken on or after 1 April 2011 and before 1 October 2011, it was made in accordance with the April 2011 guidelines; or (b) if the assessment was undertaken on or after 1 October 2011 and before the date on which this section commences, it was made in accordance with the October 2011 guidelines. 5. Repeal of Act This Act is repealed on the ninetieth day from the day on which it commences. Government Printer, Tasmania 7

 


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