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TASMANIA
__________
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT BILL 2007
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - WORKERS REHABILITATION AND COMPENSATION
ACT 1988 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 4DA and 4DB inserted
4DA. Luxury hire car drivers
4DB. Taxi drivers
6. Section 9 amended (Membership of Board)
7. Section 25 amended (Liability of employers to compensate
workers for injuries)
8. Section 25A amended (Claims for certain diseases arising from
mining operations)
9. Section 26 amended (Presumption as to cause of disease)
10. Section 34 amended (Form of claim for compensation)
11. Section 38 amended (Effect of failure to make claim)
12. Section 40 repealed
13. Section 42 amended (Reference of claims for compensation to
Tribunal)
[Bill 8]-IX
14. Section 69 amended (Amount of compensation in case of
incapacity)
15. Section 69B amended (Period for which benefits are payable)
16. Section 70 amended (Computation of normal weekly earnings)
17. Section 71 amended (Compensation for permanent impairment)
18. Section 72A inserted
72A. Industrial deafness
19. Section 73 amended (Computation of industrial deafness)
20. Section 73B amended (Determination for payment of
compensation)
21. Section 77AA amended (Employer to pay claim or refer it to
Tribunal)
22. Section 77FA inserted
77FA. Revocation of accreditation on ceasing to be
registered
23. Section 78 amended (Injuries contracted by gradual process)
24. Section 79 amended (Information to be supplied)
25. Section 81B amended (Payment of weekly payments)
26. Section 82 inserted
82. Prisoners not entitled to weekly payment
27. Section 84 amended (Paid holidays during incapacity)
28. Section 84B amended (Re-crediting of annual recreation leave
and long service leave)
29. Section 96A amended (Interpretation of Division 1 )
30. Section 97 amended (Obligation of employers to insure)
31. Section 97A amended (Disputes between insurers, &c.)
32. Section 97B inserted
97B. Worker entitled during dispute between employers
33. Section 134 amended (Right of employer to contribution or
indemnity from third parties)
34. Section 151 amended (Powers of authorized officers)
35. Section 152 amended (Summary of Act, &c., to be available)
36. Section 153A inserted
153A. Employer to keep records
2
PART 3 - TAXI AND LUXURY HIRE CAR INDUSTRIES ACT 1995
AMENDED
37. Principal Act
38. Section 26A repealed
3
4
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Workers Rehabilitation and
Compensation Act 1988 and the Taxi and Luxury Hire Car
Industries Act 1995
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Workers
Rehabilitation and Compensation Amendment
Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 8] 5
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 3 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
PART 2 - WORKERS REHABILITATION AND
COMPENSATION ACT 1988 AMENDED
3. Principal Act
In this Part, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "long
service leave";
(b) by omitting "rate" from the definition of
"weekly payment".
5. Sections 4DA and 4DB inserted
After section 4D of the Principal Act, the
following sections are inserted in Part I:
4DA. Luxury hire car drivers
(1) A person who operates a vehicle as a
luxury hire car with the consent or
authority of the licensee is, while driving
the vehicle or performing any associated
*No. 4 of 1988
6
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 5
activity, taken to be a worker employed
by the licensee.
(2) Subsection (1) does not apply where the
driver of the luxury hire car is also the
licensee.
(3) In this section -
"licensee" means the holder of a
luxury hire car licence under the
Taxi and Luxury Hire Car
Industries Act 1995;
"luxury hire car" has the same
meaning as in section 23A of the
Taxi and Luxury Hire Car
Industries Act 1995.
4DB. Taxi drivers
(1) A person who operates a vehicle as a taxi
with the consent or authority of the
responsible operator of the taxi is, while
driving the vehicle or performing any
associated activity, taken to be a worker
employed by the responsible operator.
(2) Subsection (1) does not apply where the
driver of the taxi is also the responsible
operator.
(3) In this section -
"responsible operator", in respect of
a taxi, means -
7
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 6 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
(a) if an assignment or
leasing arrangement is in
force under regulation 15
of the Taxi Industry
Regulations 1996, the
person who, by virtue of
that regulation, is the
responsible operator; or
(b) if no such assignment or
leasing arrangement is in
force, the holder of a
relevant existing cab
licence, within the
meaning of the Taxi and
Luxury Hire Car
Industries Act 1995, or
relevant perpetual taxi
licence, within the
meaning of that Act;
"taxi" has the same meaning as in
section 23A of the Taxi and
Luxury Hire Car Industries Act
1995.
6. Section 9 amended (Membership of Board)
Section 9 of the Principal Act is amended as
follows:
(a) by inserting in subsection (4) "referred to
in subsection (1)(b), (c), (d), (e) and (f)"
after "Board";
8
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 7
(b) by inserting in subsection (5) "or the
Secretary, as the case may be," after
"Minister".
7. Section 25 amended (Liability of employers to
compensate workers for injuries)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "and"
and substituting "or";
(b) by omitting from subsection (1)(b) ",
arising out of and in the course of his
employment";
(c) by inserting the following paragraph after
paragraph (b) in subsection (2):
(ba) coronary heart disease, a diseased
heart valve, an aortic aneurism or
a cerebral aneurism or any
prescribed injury, unless the
employment contributed to the
disease or injury to a substantial
degree; or
(d) by omitting subsection (5).
9
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 8 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
8. Section 25A amended (Claims for certain diseases
arising from mining operations)
Section 25A(1) of the Principal Act is amended
as follows:
(a) by omitting "the disease" first occurring
and substituting "his or her
employment";
(b) by omitting "to be taken to have arisen
out of and in the course of his or her
employment and that employment is".
9. Section 26 amended (Presumption as to cause of
disease)
Section 26(1) of the Principal Act is amended by
omitting "that the disease arose out of and in the
course of his employment and".
10. Section 34 amended (Form of claim for
compensation)
Section 34(1) of the Principal Act is amended as
follows:
(a) by omitting "A claim for compensation
shall" and substituting "Subject to
subsection (2A), a claim for
compensation is to";
(b) by omitting from paragraph (b) "an
accredited medical practitioner or" and
10
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 11
substituting "a medical practitioner or
an".
11. Section 38 amended (Effect of failure to make
claim)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
32(1)(b) or (2A)" and substituting
"section 32(1)(b), section 32(2) or
section 32(2A)";
(b) by omitting from subsection (3) "section
32(1)(b) or (2A)" and substituting
"section 32(1)(b), section 32(2) or
section 32(2A)".
12. Section 40 repealed
Section 40 of the Principal Act is repealed.
13. Section 42 amended (Reference of claims for
compensation to Tribunal)
Section 42(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "worker;"
and substituting "worker; or";
11
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 14 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
(b) by omitting from paragraph (b)
"worker;" and substituting "worker; or";
(c) by omitting from paragraph (c)
"employer; or" and substituting
"employer.";
(d) by omitting paragraph (d).
14. Section 69 amended (Amount of compensation in
case of incapacity)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) ", in
addition to any lump sum that may be
payable under section 71 or 72 in respect
of that injury";
(b) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) in the case of the total incapacity
of the worker for work, weekly
payments equal to the normal
weekly earnings of the worker; or
(c) by omitting from subsection (1)(b)
"rate";
(d) by omitting subsection (2) and
substituting the following subsections:
12
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 14
(2) For the purposes of this section, if
the period of employment is 14
days or less, the normal weekly
earnings of the worker before the
commencement of the period of
incapacity are to be taken to be -
(a) equivalent to the normal
weekly earnings of
another worker who is
employed by the same
employer and performing
comparable work; or
(b) if there is no such other
worker, the worker's
expected weekly salary
calculated on the hourly
rate of pay for the work
that he or she agreed, or
was rostered, to perform
in the pay period in which
the incapacity occurred.
(2A) For the purposes of subsection
(2), the hourly rate of pay of a
worker is -
(a) the rate to which the
worker is entitled under
the worker's contract of
employment or industrial
instrument, for each of his
or her hours of work,
excluding overtime and
13
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 14 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
shift or other allowances;
or
(b) if a rate cannot be
determined under the
worker's contract of
employment or industrial
instrument, the rate for
each of those hours as
previously agreed
between the worker and
the employer.
(e) by omitting from subsection (3) "time"
and substituting "hourly";
(f) by omitting from subsection (3) "rate"
second occurring;
(g) by omitting from subsection (4)(a)
"rate";
(h) by omitting from subsection (4)(a) "from
his employer during the period of his"
and substituting "in respect of his or her
employment during the period of his or
her";
(i) by omitting subsections (8) and (9) and
substituting the following subsections:
(8) If of the opinion that an amount
of weekly payments calculated in
accordance with this section is
insufficient or excessive, a
worker, an employer or a licensed
14
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 14
insurer of the employer may refer
the matter to the Tribunal.
(9) The Tribunal, in relation to a
matter referred to it under
subsection (8), is to determine the
amount of weekly payments
which appears to it to be
reasonable and appropriate in the
circumstances, having regard to -
(a) the current weekly
earnings of another
worker of the same grade
or classification as the
worker and employed by
the same employer in
similar work to the
worker; and
(b) the earnings that the
worker might reasonably
have earned during the
period of incapacity; and
(c) any other relevant matter.
(j) by omitting from subsection (10) "rate"
twice occurring;
(k) by omitting from subsection (11) "rate"
twice occurring;
(l) by inserting in subsection (11) "greater
or" after "a";
15
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 14 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
(m) by omitting from subsection (12) "rate"
twice occurring;
(n) by inserting the following subsection
after subsection (13):
(14) In this section -
"normal weekly earnings", in
relation to a worker who
is incapacitated for work,
means the average weekly
earnings of the worker
during the relevant
period;
"relevant period" means -
(a) if the worker has
been continuously
employed by the
same employer for
12 months or
more, the 12
months
immediately
before the
commencement of
the period of
incapacity; or
(b) if the worker has
been continuously
employed by the
same employer for
less than 12
months, the period
16
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 15
for which he or
she was employed
before the
commencement of
the period of
incapacity.
15. Section 69B amended (Period for which benefits are
payable)
Section 69B(3) of the Principal Act is amended
as follows:
(a) by inserting ", when taken together with
a worker's earnings," after "(c)";
(b) by omitting "rate".
16. Section 70 amended (Computation of normal
weekly earnings)
Section 70(2) of the Principal Act is amended as
follows:
(a) by omitting paragraphs (b) and (c) and
substituting the following paragraph:
(b) where, at the commencement of
the period of incapacity, the
worker has concurrent contracts
of service with 2 or more
employers, his or her normal
weekly earnings are to be
computed as the sum of the
17
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 17 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
average weekly earnings in each
employment as if his or her
earnings under both or all of
those contracts were earnings in
the employment of the employer
for whom he or she was working
at the commencement of the
period of incapacity;
(b) by omitting paragraph (e).
17. Section 71 amended (Compensation for permanent
impairment)
Section 71(1) of the Principal Act is amended by
omitting "The" and substituting "In addition to
any other compensation payable under this Act,
the".
18. Section 72A inserted
After section 72 of the Principal Act, the
following section is inserted in Division 1:
72A. Industrial deafness
(1) A worker who has industrial deafness is a
person who has suffered an injury within
the meaning of this Act, notwithstanding
that the worker has not become totally or
partially incapacitated.
(2) A worker is entitled to compensation
under this Act in respect of industrial
18
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 18
deafness which occurred after the
commencement of the Workers
Rehabilitation and Compensation Reform
Act 1995.
(3) A worker is entitled to compensation for
permanent impairment under this Act in
respect of industrial deafness which
exceeds 5% binaural hearing impairment.
(4) For the purposes of subsection (3) -
(a) the binaural hearing impairment
is to be calculated by reference to
the worker's hearing ability at the
commencement of the Workers
Rehabilitation and Compensation
Reform Act 1995; and
(b) a worker's hearing loss is taken to
have been sustained at a constant
rate over the course of the
worker's exposure to workplace
noise in employment of a nature
likely to have caused industrial
deafness unless a baseline hearing
test that has been conducted since
16 August 1995, in accordance
with the regulations, establishes
otherwise.
(5) The amount of compensation payable
under this Part to a worker who suffers
permanent impairment in respect of
industrial deafness is to be calculated in
accordance with section 71(1).
19
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 19 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
19. Section 73 amended (Computation of industrial
deafness)
Section 73 of the Principal Act is amended by
omitting subsections (6), (7), (8) and (9).
20. Section 73B amended (Determination for payment
of compensation)
Section 73B of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "permanent
impairment or" after "claim for";
(b) by inserting in subsection (2) "permanent
impairment or" after "claim for";
(c) by omitting paragraph (b) from
subsection (2) and substituting the
following paragraph:
(b) in the case of a payment for
industrial deafness, the degree of
industrial deafness of the worker
in respect of whom the payment
is made; and
(d) by inserting in subsection (3) "permanent
impairment or" after "compensation for".
20
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 21
21. Section 77AA amended (Employer to pay claim or
refer it to Tribunal)
Section 77AA(1) of the Principal Act is
amended by inserting after paragraph (b) the
following penalty:
Penalty: Fine not exceeding 20 penalty units.
22. Section 77FA inserted
After section 77F of the Principal Act, the
following section is inserted in Division 2A:
77FA. Revocation of accreditation on ceasing to be
registered
(1) If an accredited medical practitioner
ceases on a particular day to be entitled
to practise as a medical practitioner in
this State, his or her accreditation is
revoked with effect from that day.
(2) A person whose accreditation is revoked
under subsection (1) may apply for
accreditation if he or she subsequently
becomes entitled to practise as a medical
practitioner in this State.
23. Section 78 amended (Injuries contracted by gradual
process)
Section 78 of the Principal Act is amended as
follows:
21
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 23 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
(a) by omitting from subsection (2) "An"
and substituting "Subject to
subsection (2A), an";
(b) by omitting from subsection (2) "shall
make to the employer referred to in that
subsection" and substituting "is liable to
pay compensation and must make to the
relevant employer referred to in
subsection (1)";
(c) by inserting the following subsection
after subsection (2):
(2A) Where a worker suffers industrial
deafness, an employer who, at
any time during the period of 10
years preceding the date of injury,
employed the worker in any
employment to the nature of
which the injury was due is liable
to pay compensation and must
make to the relevant employer
referred to in subsection (1) such
contribution in respect of
compensation for industrial
deafness as is agreed between the
employers.
(d) by inserting in subsection (3) "or
subsection (2A)" after "subsection (2)".
22
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 24
24. Section 79 amended (Information to be supplied)
Section 79(1) of the Principal Act is amended by
inserting "or (2A)" after "subsection (2)".
25. Section 81B amended (Payment of weekly
payments)
Section 81B(1) of the Principal Act is amended
as follows:
(a) by omitting "Weekly payments payable
to a" and substituting "Unless a worker
and an employer agree otherwise in
writing, weekly payments payable to
the";
(b) by inserting "and in the manner" after
"payable on the days on which, and at the
intervals";
(c) by inserting "and in the manner" after
"employer, on the days on which, and at
the intervals".
26. Section 82 inserted
After section 81B of the Principal Act, the
following section is inserted in Division 1:
82. Prisoners not entitled to weekly payment
A person serving a term of imprisonment
is not entitled to weekly payments during
that term of imprisonment.
23
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 27 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
27. Section 84 amended (Paid holidays during
incapacity)
Section 84 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or on long
service leave on full or part pay" after
"recreational leave on full pay";
(b) by inserting in subsection (1)(a) "or a
similar period of leave on full or part pay
in lieu of that long service leave" after
"recreational leave";
(c) by inserting in subsection (1)(b) "or a
period of long service leave" after
"leave";
(d) by inserting in subsection (2) "or a
period of long service leave" after "takes
annual recreational leave";
(e) by inserting in subsection (2) "or long
service leave" after "that annual
recreational leave";
(f) by inserting in subsection (3) "or long
service leave" after "leave".
28. Section 84B amended (Re-crediting of annual
recreation leave and long service leave)
Section 84B of the Principal Act is amended as
follows:
24
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 29
(a) by inserting "or a period of long service
leave" after "takes annual recreation
leave";
(b) by inserting in paragraph (b) "or long
service leave, as the case may be," after
"leave".
29. Section 96A amended (Interpretation of Division 1
)
Section 96A of the Principal Act is amended by
inserting after paragraph (e) in the definition of
"wages" the following paragraph:
(ea) a distribution to a worker as a beneficiary
of a trust to the extent that the
distribution is in lieu of wages for work
done for the trust by the worker;
30. Section 97 amended (Obligation of employers to
insure)
Section 97 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1A) "rate";
(b) by omitting subsection (1B) and
substituting the following subsection:
(1B) For the purposes of subsection
(1A), an employer may increase
up to a maximum of 4 the number
25
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 31 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
of weekly payments in respect of
which the employer is not to
insure against liability arising
from claims for compensation
under this Act.
(c) by omitting from subsection (1C)
"during all or part of the period referred
to in subsection (1A)" and substituting
"in respect of the first weekly payment
payable under section 69(1) or the first
$200 of any other benefits payable under
this Act in respect of an injury suffered
by a worker";
(d) by omitting from subsection (10) "5" and
substituting "7".
31. Section 97A amended (Disputes between insurers,
&c.)
Section 97A of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
(2) Where a worker is entitled to
compensation for an injury from an
employer but there is a dispute between
insurers as to liability to indemnify that
employer, the insurer of the employer of
the worker at the time of the latest injury
is liable to indemnify the employer until
the Tribunal has otherwise determined.
26
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 32
(3) The Tribunal is to determine which
insurer is liable to indemnify the
employer or how liability is to be
apportioned and may make such order as
it thinks proper for the reimbursement of
one insurer by another and for the
indemnity of the employer in respect of
the employer's liability under this Act.
(4) An employer or insurer may refer a
dispute between insurers for conciliation
under Division 2 of Part V,
notwithstanding any term or condition of
any policy of insurance providing for
some other means of settling disputes.
32. Section 97B inserted
After section 97A of the Principal Act, the
following section is inserted in Division 1:
97B. Worker entitled during dispute between
employers
(1) Where there is a dispute between
employers as to liability but no dispute
that a worker is entitled to compensation
from some employer for an injury, the
employer of the worker at the time of the
latest injury is liable to pay compensation
under this Act until the question of which
employer is liable or how liability is to
be apportioned between employers has
been resolved.
27
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 32 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
(2) The worker or his or her dependants, if
so required by the employer first liable to
pay compensation, is to furnish to the
employer the name and address of any
employer in whose employment the
worker was when any similar injury
previously occurred.
(3) If the worker has filed an application for
compensation, the respondent employer
is to join as a party any other employer
who the respondent employer alleges is
wholly or partially liable to pay the
compensation.
(4) If the worker has not filed an application
for compensation, the employer first
liable to pay compensation may refer for
conciliation under Division 2 of Part V
the question of whether some other
employer is wholly or partially liable to
pay compensation.
(5) If the Tribunal finds that the liability to
pay compensation arose as a result of one
or more injuries, it may order another
employer to pay to the employer first
liable to pay compensation the whole or a
part of the amount of compensation paid
to the worker and to pay any further
compensation to which the worker is
entitled.
28
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 33
33. Section 134 amended (Right of employer to
contribution or indemnity from third parties)
Section 134(1) of the Principal Act is amended
by omitting "creating" and substituting "which,
but for section 138AB, would create".
34. Section 151 amended (Powers of authorized
officers)
Section 151 of the Principal Act is amended by
inserting after subsection (7) the following
subsection:
(8) The court by which a person is convicted
of an offence against subsection (7) may
order that person to forward to an
authorized officer a true copy of the
record, or, as the case may be, provide
the information to the authorized officer,
that the person failed to produce or
provide in response to an authorized
officer's request or question.
35. Section 152 amended (Summary of Act, &c., to be
available)
Section 152(1) of the Principal Act is amended
by omitting "shall keep, or cause to be kept,
readily available" and substituting "must display
in a prominent place".
29
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 36 Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended
36. Section 153A inserted
After section 153 of the Principal Act, the
following section is inserted in Part XIII:
153A. Employer to keep records
(1) An employer must make and maintain
true records of the following matters:
(a) the names of all workers
employed by the employer;
(b) the wages paid to those workers;
(c) the trade or occupation of each of
those workers;
(d) any notice of injury or claim for
compensation received;
(e) such other matters as may be
prescribed.
Penalty: Fine not exceeding 20 penalty
units.
(2) An employer must retain the records
referred to in subsection (1) for -
(a) in the case of records referred to
in subsection (1)(a), (b) or (c), a
period of 7 years from the date on
which the worker ceases to be
employed by the employer; and
(b) in the case of a notice of injury or
claim for compensation, a period
30
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
Part 2 - Workers Rehabilitation and Compensation Act 1988 Amended s. 36
of 7 years from the date of receipt
of the notice or claim; and
(c) in the case of a matter prescribed
under subsection (1)(e), such
period as may be prescribed.
Penalty: Fine not exceeding 20 penalty
units.
31
Workers Rehabilitation and Compensation Amendment Act 2007
Act No. of
s. 37 Part 3 - Taxi and Luxury Hire Car Industries Act 1995 Amended
PART 3 - TAXI AND LUXURY HIRE CAR
INDUSTRIES ACT 1995 AMENDED
37. Principal Act
In this Part, the Taxi and Luxury Hire Car
Industries Act 1995* is referred to as the
Principal Act.
38. Section 26A repealed
Section 26A of the Principal Act is repealed.
*No. 27 of 1995
32 Government Printer, Tasmania