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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Safety, Return to Work and Support
Board Bill 2012
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Workers Compensation Legislation Amendment Bill
2012.
Overview of Bill
The objects of this Bill are as follows:
(a) to consolidate the governance arrangements for the WorkCover Authority, the
Motor Accidents Authority and the Lifetime Care and Support Authority by
establishing the Safety, Return to Work and Support Board (the Board),
(b) to confer on the Board certain functions, including determining the general
policies of those authorities and investment policies for the investment of
certain funds administered by those authorities,
(c) to provide for the establishment by the Minister of advisory committees to
investigate and report to the Minister on matters arising under or in connection
with the compensation and other related legislation,
(d) to provide for the appointment of a standing committee of the Legislative
Council to oversight the functions of the relevant authorities,
(e) to abolish the Sporting Injuries Committee and confer its functions on the
WorkCover Authority,
b2012-037-35.d16
Safety, Return to Work and Support Board Bill 2012
Explanatory note
(f) to make a number of amendments of a consequential, administrative or minor
nature.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act. The
relevant authorities are the WorkCover Authority, the Motor Accidents Authority
and the Lifetime Care and Support Authority, each of which is constituted under
separate legislation. Compensation and other related legislation means each of the
Acts under which those authorities are constituted. It also includes the Workers
Compensation Act 1987, the Sporting Injuries Insurance Act 1978 and various other
workers compensation Acts.
Part 2 Management of relevant authorities
Division 1 Safety, Return to Work and Support Board
Clause 4 establishes the Safety, Return to Work and Support Board. It will comprise
7 members, one of whom is the Chief Executive Officer of Safety, Return to Work
and Support (which is a Government Service position) and 6 members to be
appointed by the Governor on the Minister's recommendation.
Clause 5 specifies the general functions of the Board. These include determining the
general policies of each relevant authority.
Clause 6 confers on the Board the function of determining investment policies of
certain funds established under the compensation and other related legislation
(including the Workers Compensation Insurance Fund).
Clause 7 enables the Board to establish common funds for the purpose of the
investment of any of the funds referred to in clause 6.
Clause 8 enables the Board to establish committees to assist it in exercising its
functions. Any such committee must be chaired by one of the members.
Division 2 Chief Executive Officer
Clause 9 provides for the affairs of each relevant authority to be managed and
controlled by the Chief Executive Officer who can act in the name of the relevant
authority concerned. The role of the CEO is subject to the Board's functions and to
the legislation under which a relevant authority is constituted (which generally
provides for the relevant authority to be subject to Ministerial control and direction).
The appointment of a single CEO for the relevant authorities reflects the current
Explanatory note page 2
Safety, Return to Work and Support Board Bill 2012
Explanatory note
administrative arrangements, as the CEO for each relevant authority at present is the
Division Head of the Government Service Division in which the staff of each
relevant authority are employed.
Part 3 Advisory committees
Clause 10 provides for the Minister to establish advisory committees and to confer
functions on those committees as the Minister determines.
Part 4 Miscellaneous
Clause 11 provides for the appointment of a standing committee of the Legislative
Council to oversight the exercise of the functions of the relevant authorities
(including the Dust Diseases Board) under the compensation and other related
legislation.
Clause 12 protects the members of the Board and persons acting under the direction
of the Board or a relevant authority from personal liability.
Clause 13 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 14 provides for the review of the proposed Act in 5 years.
Schedule 1 Members and procedure of Board
Schedule 1 contains standard provisions relating to the boards of statutory
authorities, including the appointment of a chairperson and deputy chairperson,
terms of office, remuneration, vacancy of office and procedural matters.
Schedule 2 Savings, transitional and other
provisions
Schedule 2 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act (including the power to make regulations of a savings
or transitional nature). It also provides for the abolition of each existing board of
directors of the relevant authorities.
Schedule 3 Amendment of Acts
Schedule 3 amends the following Acts as a consequence of the establishment of the
Board and recent administrative changes that provide for the employment of the staff
of each relevant authority in a single Division of the Government Service:
(a) Motor Accidents Compensation Act 1999,
(b) Motor Accidents (Lifetime Care and Support) Act 2006,
(c) Sporting Injuries Insurance Act 1978,
Explanatory note page 3
Safety, Return to Work and Support Board Bill 2012
Explanatory note
(d) Workers Compensation Act 1987,
(e) Workers' Compensation (Dust Diseases) Act 1942,
(f) Workplace Injury Management and Workers Compensation Act 1998.
Existing Ministerial control provisions and provisions relating to the application of
money from various funds established under the legislation are also amended
because there will be one Board and one CEO position. The Sporting Injuries
Committee established under the Sporting Injuries Insurance Act 1978 is also
abolished and its functions conferred on the WorkCover Authority. Provisions
relating to the appointment of a Parliamentary Committee under both of the Motor
Accidents Acts are repealed as a consequence of the appointment of a standing
committee of the Legislative Council under proposed section 11.
The Schedule also contains consequential amendments to the Public Finance and
Audit Act 1983 and the Public Sector Employment and Management Act 2002.
Explanatory note page 4
First print
New South Wales
Safety, Return to Work and Support
Board Bill 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Management of relevant authorities
Division 1 Safety, Return to Work and Support Board
4 Establishment and composition of Board 3
5 General functions of Board 3
6 Board may determine investment policies for certain funds 4
7 Investment of funds 4
8 Committees of the Board 4
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Safety, Return to Work and Support Board Bill 2012
Contents
Page
Division 2 Chief Executive Officer
9 Chief Executive Officer of Safety, Return to Work and
Support 5
Part 3 Advisory committees
10 Establishment of advisory committees 6
Part 4 Miscellaneous
11 Appointment of Parliamentary Committee 7
12 Protection from personal liability 7
13 Regulations 7
14 Review of Act 7
Schedule 1 Members and procedure of Board 8
Schedule 2 Savings, transitional and other provisions 13
Schedule 3 Amendment of Acts 15
Contents page 2
New South Wales
Safety, Return to Work and Support
Board Bill 2012
No , 2012
A Bill for
An Act to establish the Safety, Return to Work and Support Board for the purposes
of consolidating the governance arrangements for the WorkCover Authority, the
Motor Accidents Authority and the Lifetime Care and Support Authority; and for
other purposes.
Clause 1 Safety, Return to Work and Support Board Bill 2012
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Safety, Return to Work and Support Board Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
advisory committee means an advisory committee established by the 9
Minister under Part 3. 10
Board means the Safety, Return to Work and Support Board established 11
under section 4. 12
Chief Executive Officer means the Chief Executive Officer of Safety, 13
Return to Work and Support holding office as such under Chapter 1A 14
of the Public Sector Employment and Management Act 2002. 15
compensation and other related legislation means any of the 16
following: 17
(a) workers compensation legislation within the meaning of the 18
Workplace Injury Management and Workers Compensation Act 19
1998, 20
(b) Motor Accidents Compensation Act 1999 and Motor Accidents 21
Act 1988, 22
(c) Motor Accidents (Lifetime Care and Support) Act 2006, 23
(d) Sporting Injuries Insurance Act 1978. 24
function includes a power, authority or duty, and exercise a function 25
includes perform a duty. 26
member means a member of the Board. 27
relevant authority means any of the following: 28
(a) WorkCover Authority, 29
(b) Motor Accidents Authority, 30
(c) Lifetime Care and Support Authority. 31
(2) Notes included in this Act do not form part of this Act. 32
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Safety, Return to Work and Support Board Bill 2012 Clause 4
Management of relevant authorities Part 2
Part 2 Management of relevant authorities 1
Division 1 Safety, Return to Work and Support Board 2
4 Establishment and composition of Board 3
(1) There is to be a Safety, Return to Work and Support Board. 4
(2) The Board is to consist of 7 members, being: 5
(a) the Chief Executive Officer, and 6
(b) 6 members appointed by the Governor on the recommendation of 7
the Minister. 8
(3) A person may not be recommended for appointment unless the person 9
has skills and experience in any one or more of the following areas, 10
namely, insurance, finance, investment, law, health, marketing, 11
communications, work health and safety, injury prevention or 12
management, return to work programs and disability services. 13
(4) Schedule 1 contains ancillary provisions relating to the members and 14
procedure of the Board. 15
5 General functions of Board 16
(1) The Board has the following functions: 17
(a) to determine the general policies and strategic direction of each 18
relevant authority, 19
(b) to oversee the performance of each relevant authority, 20
(c) to advise the Minister and the Chief Executive Officer on any 21
matter relating to the relevant authorities or arising under the 22
compensation and other related legislation, at the request of the 23
Minister or the Chief Executive Officer or on its own initiative, 24
(d) such other functions as are conferred or imposed on it by or under 25
this or any other Act. 26
(2) In exercising its functions in relation to a relevant authority, the Board 27
is: 28
(a) to ensure, as far as practicable, that the activities of the relevant 29
authority are carried out properly and efficiently, and 30
(b) to have regard to the objects (if any) of the compensation and 31
other related legislation under which the authority is constituted. 32
Page 3
Clause 6 Safety, Return to Work and Support Board Bill 2012
Part 2 Management of relevant authorities
6 Board may determine investment policies for certain funds 1
(1) The Board has the function of determining investment policies for the 2
investment of the following funds: 3
(a) the Workers Compensation Insurance Fund established under 4
section 154D of the Workers Compensation Act 1987, 5
(b) the Insurers' Guarantee Fund established under section 227 of the 6
Workers Compensation Act 1987, 7
(c) the Terrorism Re-insurance Fund established under 8
section 239AE of the Workers Compensation Act 1987, 9
(d) the Nominal Defendant's Fund established under section 40 of 10
the Motor Accidents Compensation Act 1999, 11
(e) the Lifetime Care and Support Authority Fund established under 12
section 48 of the Motor Accidents (Lifetime Care and Support) 13
Act 2006, 14
(f) the Sporting Injuries Fund established under section 11 of the 15
Sporting Injuries Insurance Act 1978, 16
(g) the Workers' Compensation (Dust Diseases) Fund constituted 17
under the Workers' Compensation (Dust Diseases) Act 1942. 18
(2) The Board is to report to the Minister on the investment performance of 19
each such fund. 20
7 Investment of funds 21
(1) The Board may establish one or more funds (a common fund) for the 22
purposes of the investment of any of the funds referred to in section 6 (a 23
relevant fund). Any such common fund is to be administered by the 24
Board. 25
(2) The returns (including any negative returns) resulting from the 26
investment in a common fund of money that was made available from a 27
relevant fund are to be distributed to that relevant fund only. 28
(3) This section does not limit the operation of section 6 or the provisions 29
of the compensation and other related legislation under which a relevant 30
fund is established. 31
8 Committees of the Board 32
(1) The Board may establish committees to assist it in connection with the 33
exercise of any of its functions. 34
(2) Without limiting the generality of subsection (1), the Board may 35
establish a committee to advise it on matters arising under the Sporting 36
Injuries Insurance Act 1978. 37
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Safety, Return to Work and Support Board Bill 2012 Clause 9
Management of relevant authorities Part 2
(3) A committee of the Board must be chaired by a member. It does not 1
matter that some or all of the other members of a committee are not 2
members of the Board. 3
(4) The procedure for the calling of meetings of a committee and for the 4
conduct of business at those meetings is to be as determined by the 5
Board or (subject to any determination of the Board) by the committee. 6
(5) The Board may delegate to a committee any of the functions of the 7
Board, other than this power of delegation. 8
Division 2 Chief Executive Officer 9
9 Chief Executive Officer of Safety, Return to Work and Support 10
(1) The affairs of each relevant authority are to be managed and controlled 11
by the Chief Executive Officer. 12
(2) Any act, matter or thing done in the name of, or on behalf of, a relevant 13
authority by the Chief Executive Officer is taken to have been done by 14
the relevant authority. 15
(3) This section is subject to Division 1 and to the compensation and other 16
related legislation. 17
Note. Relevant authorities are generally subject to Ministerial control or 18
direction under their respective legislation. 19
Page 5
Clause 10 Safety, Return to Work and Support Board Bill 2012
Part 3 Advisory committees
Part 3 Advisory committees 1
10 Establishment of advisory committees 2
(1) The Minister may: 3
(a) establish advisory committees consisting of such number of 4
members as the Minister thinks fit, and 5
(b) confer on any such advisory committee such functions as the 6
Minister determines. 7
(2) The functions of an advisory committee may include investigating and 8
reporting to the Minister on specific matters arising under or in 9
connection with the compensation and other related legislation or any 10
other Act under which a relevant authority exercises functions. 11
(3) A person may be appointed as a member of an advisory committee only 12
if the Minister is satisfied that the person has skills and experience that 13
are relevant to the functions of the committee. 14
(4) The Minister may determine the term of office and remuneration of 15
members and the procedure of an advisory committee. 16
Page 6
Safety, Return to Work and Support Board Bill 2012 Clause 11
Miscellaneous Part 4
Part 4 Miscellaneous 1
11 Appointment of Parliamentary Committee 2
(1) As soon as practicable after the commencement of this section and the 3
commencement of the first session of each Parliament, a committee of 4
the Legislative Council is to be designated by resolution of the 5
Legislative Council as the designated committee for the purposes of this 6
section. 7
(2) The resolution of the Legislative Council is to specify the terms of 8
reference of the committee so designated which are to relate to the 9
supervision of the exercise of the functions of each relevant authority 10
under the compensation and other related legislation. 11
(3) In this section, relevant authority includes the Workers' Compensation 12
(Dust Diseases) Board. 13
12 Protection from personal liability 14
(1) In this section: 15
body means a relevant authority, the Board, a committee of the Board 16
or an advisory committee. 17
(2) A matter or thing done by a body, by a member of a body or by a person 18
acting under the direction of a body does not, if the matter or thing was 19
done in good faith for the purposes of executing this or any other Act, 20
subject a member of a body or a person so acting personally to any 21
action, liability, claim or demand. 22
13 Regulations 23
The Governor may make regulations, not inconsistent with this Act, for 24
or with respect to any matter that by this Act is required or permitted to 25
be prescribed or that is necessary or convenient to be prescribed for 26
carrying out or giving effect to this Act. 27
14 Review of Act 28
(1) The Minister is to review this Act to determine whether the policy 29
objectives of the Act remain valid and whether the terms of the Act 30
remain appropriate for securing those objectives. 31
(2) The review is to be undertaken as soon as possible after the period of 32
5 years from the date of assent to this Act. 33
(3) A report on the outcome of the review is to be tabled in each House of 34
Parliament within 12 months after the end of the period of 5 years. 35
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Safety, Return to Work and Support Board Bill 2012
Schedule 1 Members and procedure of Board
Schedule 1 Members and procedure of Board 1
1 Definitions 2
In this Schedule: 3
appointed member means a member other than the Chief Executive 4
Officer. 5
2 Chairperson and Deputy Chairperson 6
(1) Of the appointed members, 2 are (in and by their respective instruments 7
of appointment or in and by other instruments executed by the 8
Governor) to be appointed as Chairperson and Deputy Chairperson of 9
the Board respectively. 10
(2) A person may only be appointed as Chairperson if the Minister is 11
satisfied that the person has skills and experience relevant to the 12
Board's functions. 13
(3) The Governor may at any time remove an appointed member from the 14
office of Chairperson or Deputy Chairperson. 15
(4) A person holding the office of Chairperson or Deputy Chairperson 16
vacates that office if the person: 17
(a) is removed from that office by the Governor, or 18
(b) resigns that office by instrument in writing addressed to the 19
Minister, or 20
(c) ceases to be a member. 21
3 Term of office of appointed members 22
Subject to this Schedule, an appointed member holds office for such 23
period (not exceeding 3 years) as is specified in the member's 24
instrument of appointment, but is eligible (if otherwise qualified) for 25
re-appointment. 26
4 Remuneration 27
An appointed member is entitled to be paid such remuneration 28
(including travelling and subsistence allowances) as the Minister may 29
from time to time determine in respect of the member. 30
5 Vacancy in office of appointed member 31
(1) The office of an appointed member becomes vacant if the member: 32
(a) dies, or 33
(b) completes a term of office and is not re-appointed, or 34
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Safety, Return to Work and Support Board Bill 2012
Members and procedure of Board Schedule 1
(c) resigns the office by instrument in writing addressed to the 1
Minister, or 2
(d) is removed from office by the Governor under this clause or 3
Chapter 5 of the Public Sector Employment and Management Act 4
2002, or 5
(e) is absent from 4 consecutive meetings of the Board of which 6
reasonable notice has been given to the member personally or in 7
the ordinary course of post, except on leave granted by the Board 8
or unless, before the expiration of 4 weeks after the last of those 9
meetings, the member is excused by the Board for having been 10
absent from those meetings, or 11
(f) becomes bankrupt, applies to take the benefit of any law for the 12
relief of bankrupt or insolvent debtors, compounds with his or her 13
creditors or makes an assignment of his or her remuneration for 14
their benefit, or 15
(g) becomes a mentally incapacitated person, or 16
(h) is convicted in New South Wales of an offence that is punishable 17
by imprisonment for 12 months or more or is convicted 18
elsewhere than in New South Wales of an offence that, if 19
committed in New South Wales, would be an offence so 20
punishable. 21
(2) The Governor may at any time remove an appointed member from 22
office. 23
6 Disclosure of pecuniary interests 24
(1) If: 25
(a) a member has a direct or indirect pecuniary interest in a matter 26
being considered or about to be considered at a meeting of the 27
Board, and 28
(b) the interest appears to raise a conflict with the proper 29
performance of the member's duties in relation to the 30
consideration of the matter, 31
the member must, as soon as possible after the relevant facts have come 32
to the member's knowledge, disclose the nature of the interest at a 33
meeting of the Board. 34
(2) A disclosure by a member at a meeting of the Board that the member: 35
(a) is a member, or is in the employment, of a specified company or 36
other body, or 37
(b) is a partner, or is in the employment, of a specified person, or 38
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Safety, Return to Work and Support Board Bill 2012
Schedule 1 Members and procedure of Board
(c) has some other specified interest relating to a specified company 1
or other body or to a specified person, 2
is a sufficient disclosure of the nature of the interest in any matter 3
relating to that company or other body or to that person which may arise 4
after the date of the disclosure and which is required to be disclosed 5
under subclause (1). 6
(3) Particulars of any disclosure made under this clause must be recorded 7
by the Board in a book kept for the purpose and that book must be open 8
at all reasonable hours to inspection by any person on payment of the 9
fee determined by the Board. 10
(4) After a member has disclosed the nature of an interest in any matter, the 11
member must not, unless the Minister or the Board otherwise 12
determines: 13
(a) be present during any deliberation of the Board with respect to 14
the matter, or 15
(b) take part in any decision of the Board with respect to the matter. 16
(5) For the purposes of the making of a determination by the Board under 17
subclause (4), a member who has a direct or indirect pecuniary interest 18
in a matter to which the disclosure relates must not: 19
(a) be present during any deliberation of the Board for the purpose of 20
making the determination, or 21
(b) take part in the making by the Board of the determination. 22
(6) A contravention of this clause does not invalidate any decision of the 23
Board. 24
7 Filling of vacancy in office of appointed member 25
If the office of an appointed member becomes vacant, a person is, 26
subject to this Act, to be appointed to fill the vacancy. 27
8 Effect of certain other Acts 28
(1) Chapter 1A of the Public Sector Employment and Management Act 29
2002 does not apply to or in respect of the appointment of an appointed 30
member. 31
(2) If by or under any Act provision is made: 32
(a) requiring a person who is the holder of a specified office to 33
devote the whole of his or her time to the duties of that office, or 34
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Safety, Return to Work and Support Board Bill 2012
Members and procedure of Board Schedule 1
(b) prohibiting the person from engaging in employment outside the 1
duties of that office, 2
the provision does not operate to disqualify the person from holding that 3
office and also the office of an appointed member or from accepting and 4
retaining any remuneration payable to the person under this Act as such 5
a member. 6
9 General procedure 7
The procedure for the calling of meetings of the Board and for the 8
conduct of business at those meetings is, subject to this Act and the 9
regulations, to be as determined by the Board. 10
10 Quorum 11
The quorum for a meeting of the Board is 4 members. 12
11 Presiding member 13
(1) The Chairperson of the Board or (in the absence of the Chairperson) the 14
Deputy Chairperson is to preside at a meeting of the Board. 15
(2) In the absence of both the Chairperson and the Deputy Chairperson at a 16
meeting of the Board, another member chosen by the members present 17
at the meeting is to preside at the meeting. 18
(3) The person presiding at a meeting of the Board has a deliberative vote 19
and, in the event of an equality of votes, has a second or casting vote. 20
12 Voting 21
A decision supported by a majority of the votes cast at a meeting of the 22
Board at which a quorum is present is the decision of the Board. 23
13 Transaction of business outside meetings or by telephone 24
(1) The Board may, if it thinks fit, transact any of its business by the 25
circulation of papers among all the members of the Board for the time 26
being, and a resolution in writing approved in writing by a majority of 27
those members is taken to be a decision of the Board. 28
(2) The Board may, if it thinks fit, transact any of its business at a meeting 29
at which members (or some members) participate by telephone, 30
closed-circuit television or other means, but only if any member who 31
speaks on a matter before the meeting can be heard by the other 32
members. 33
(3) For the purposes of: 34
(a) the approval of a resolution under subclause (1), or 35
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Safety, Return to Work and Support Board Bill 2012
Schedule 1 Members and procedure of Board
(b) a meeting held in accordance with subclause (2), 1
the Chairperson and each member have the same voting rights as they 2
have at an ordinary meeting of the Board. 3
(4) A resolution approved under subclause (1) is, subject to the regulations, 4
to be recorded in the minutes of the meetings of the Board. 5
(5) Papers may be circulated among the members for the purposes of 6
subclause (1) by facsimile or other transmission of the information in 7
the papers concerned. 8
14 First meeting 9
The Minister is to call the first meeting of the Board in such manner as 10
the Minister thinks fit. 11
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Safety, Return to Work and Support Board Bill 2012
Savings, transitional and other provisions Schedule 2
Schedule 2 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Abolition of existing boards 21
(1) In this clause: 22
existing board means any of the following as established immediately 23
before the relevant date: 24
(a) the Board of Directors of the WorkCover Authority, 25
(b) the Board of Directors of the Motor Accidents Authority, 26
(c) the Board of Directors of the Lifetime Care and Support 27
Authority. 28
relevant date means the date on which section 4 commences. 29
(2) On the relevant date: 30
(a) each existing board is abolished, and 31
(b) each person appointed as a director of an existing board ceases to 32
hold office as such a director. 33
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Safety, Return to Work and Support Board Bill 2012
Schedule 2 Savings, transitional and other provisions
(3) A person who ceases to hold office as a director of an existing board is 1
not entitled to any remuneration or compensation because of the loss of 2
that office. 3
3 Abolition of various other bodies 4
(1) In this clause: 5
former body means any of the following as established immediately 6
before the relevant date: 7
(a) the Workers Compensation and Work Health and Safety Council, 8
(b) an Industry Reference Group established under Part 5 of 9
Chapter 2 of the Workplace Injury Management and Workers 10
Compensation Act 1998, 11
(c) the Motor Accidents Council, 12
(d) the Lifetime Care and Support Advisory Council. 13
relevant date means the date on which section 10 commences. 14
(2) On the relevant date: 15
(a) each former body is abolished, and 16
(b) each person holding office as a member of a former body ceases 17
to hold office as such a member. 18
(3) A person who ceases to hold office as a member of a former body is not 19
entitled to any remuneration or compensation because of the loss of that 20
office. 21
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Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
Schedule 3 Amendment of Acts 1
3.1 Motor Accidents Compensation Act 1999 No 41 2
[1] Section 3 Definitions 3
Insert in alphabetical order: 4
Board means the Safety, Return to Work and Support Board 5
established under the Safety, Return to Work and Support Board 6
Act 2012. 7
[2] Section 3, definition of "Chief Executive Officer" 8
Omit the definition. Insert instead: 9
Chief Executive Officer means the Chief Executive Officer of 10
Safety, Return to Work and Support holding office as such under 11
Chapter 1A of the Public Sector Employment and Management 12
Act 2002. 13
[3] Section 3, definitions of "member of staff", "Motor Accidents Council" 14
and "relevant Government Service Division" 15
Omit the definitions. 16
[4] Section 3, definition of "Parliamentary Committee" 17
Omit "Part 8.3". 18
Insert instead "section 11 of the Safety, Return to Work and Support Board Act 19
2012". 20
[5] Sections 24 (4), 166 (3) (a) and 202 21
Omit "of Directors of the Authority" wherever occurring. 22
[6] Section 40 Establishment of Nominal Defendant's Fund 23
Insert after section 40 (2) (c1): 24
(c2) money paid into the Fund under section 7 of the Safety, 25
Return to Work and Support Board Act 2012, 26
[7] Section 40 (5) 27
Insert after section 40 (4): 28
(5) Money in the Fund is also authorised to be made available for 29
investment as provided by section 7 of the Safety, Return to Work 30
and Support Board Act 2012. 31
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Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
[8] Section 49 Accident notification forms 1
Omit "The Motor Accidents Council is to advise the Authority on an 2
appropriate accident notification form." from section 49 (1). 3
[9] Sections 62 (1B) and 220 (a) 4
Insert "of the Authority who is" after "member of staff" wherever occurring. 5
[10] Section 97 Regulations 6
Omit section 97 (2). 7
[11] Section 99 Appointment of claims assessors 8
Insert "of the Authority" after "member of staff" in section 99 (1). 9
[12] Section 105 Control and direction of claims assessors 10
Omit "of the Authority" from section 105 (5). 11
[13] Section 105 (5) 12
Insert "of the Authority" after "members of staff". 13
[14] Sections 169 (2), 202 and 214A (5) 14
Omit "of the Authority" wherever occurring. 15
[15] Sections 199, 203, 204 and 225 16
Omit the sections. 17
[16] Section 202 The Minister 18
Insert "under this or any other Act to the extent they relate to the Authority" 19
after "functions" in section 202 (1) and (4), wherever occurring. 20
[17] Section 202, note 21
Insert at the end of the section: 22
Note. See also the Safety, Return to Work and Support Board Act 2012 23
which includes other provisions relating to the management of the 24
Authority. 25
[18] Section 205 Delegation of functions 26
Omit section 205 (3). Insert instead: 27
(3) In this section: 28
authorised person means: 29
(a) a member of staff of the Authority, or 30
Page 16
Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
(b) a person of a class prescribed by the regulations or of a 1
class approved by the Board. 2
[19] Section 206 Functions of Authority 3
Omit section 206 (2) (g) and (h) and (4). 4
[20] Section 206 (5), note 5
Omit the note. Insert instead: 6
Note. Staff may be employed under Chapter 1A of the Public Sector 7
Employment and Management Act 2002 in the Government Service to 8
enable the Authority to exercise its functions. Under section 4K of that 9
Act, a reference in this Act to a member of staff of the Authority is a 10
reference to staff so employed or to persons of whose services the 11
Authority makes use. 12
[21] Part 8.2 Motor Accidents Council 13
Omit the Part. 14
[22] Part 8.3 Supervision of Authority and Motor Accidents Council 15
Omit the Part. 16
[23] Section 212 Motor Accidents Authority Fund 17
Omit section 212 (3) (a). Insert instead: 18
(a) the remuneration, allowances, office accommodation and 19
other associated costs of the Chief Executive Officer, the 20
Board and members of staff of the Authority, being an 21
amount determined by the Chief Executive Officer on a 22
proportionate basis in respect of the various relevant 23
authorities within the meaning of the Safety, Return to 24
Work and Support Board Act 2012, 25
[24] Section 212 (3) (b) 26
Omit the paragraph. 27
[25] Sections 212 (3) (d), 222 (1) and 223 28
Omit "or the Motor Accidents Council" wherever occurring. 29
[26] Schedule 1 Provisions relating to Board of Directors of Authority 30
Omit the Schedule. 31
[27] Schedule 2 Provisions relating to Motor Accidents Council 32
Omit the Schedule. 33
Page 17
Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
3.2 Motor Accidents (Lifetime Care and Support) Act 2006 No 16 1
[1] Section 3 Definitions 2
Omit the definitions of Advisory Council, member of staff and relevant 3
Government Service Division. 4
[2] Section 3 (1) 5
Insert in alphabetical order: 6
Board means the Safety, Return to Work and Support Board 7
established under the Safety, Return to Work and Support Board 8
Act 2012. 9
[3] Section 3 (1), definition of "Chief Executive Officer" 10
Omit the definition. Insert instead: 11
Chief Executive Officer means the Chief Executive Officer of 12
Safety, Return to Work and Support holding office as such under 13
Chapter 1A of the Public Sector Employment and Management 14
Act 2002. 15
[4] Sections 34, 39, 40, 61 and 68 16
Omit the sections. 17
[5] Sections 38 and 51 (5) 18
Omit "of the Authority" wherever occurring. 19
[6] Section 38 (1), (3) and (5) 20
Omit "of Directors" wherever occurring. 21
[7] Section 38 (1) and (5) 22
Insert "under this or any other Act to the extent they relate to the Authority" 23
after "functions", wherever occurring. 24
[8] Section 38, note 25
Insert at the end of the section: 26
Note. See also the Safety, Return to Work and Support Board Act 2012 27
which includes other provisions relating to the management of the 28
Authority. 29
Page 18
Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
[9] Section 41 Delegation of functions 1
Omit section 41 (3). Insert instead: 2
(3) In this section: 3
authorised person means: 4
(a) a member of staff of the Authority, or 5
(b) a person of a class prescribed by the regulations or of a 6
class approved by the Board. 7
[10] Section 42 Seal of Authority 8
Omit "Chief Executive Officer of the Authority". 9
Insert instead "Chief Executive Officer". 10
[11] Section 42 (a) 11
Insert "of the Authority who is" after "member of staff". 12
[12] Section 43 Functions of Authority 13
Omit section 43 (2) (e) and (f) and (4). 14
[13] Section 43 (5) 15
Insert after section 43 (4): 16
(5) The Authority cannot employ any staff. 17
Note. Staff may be employed under Chapter 1A of the Public Sector 18
Employment and Management Act 2002 in the Government Service to 19
enable the Authority to exercise its functions. Under section 4K of that 20
Act, a reference in this Act to a member of staff of the Authority is a 21
reference to staff so employed or to persons of whose services the 22
Authority makes use. 23
[14] Part 6, Division 4 Lifetime Care and Support Advisory Council 24
Omit the Division. 25
[15] Section 48 Lifetime Care and Support Authority Fund 26
Insert after section 48 (2) (c): 27
(c1) money paid into the Fund under section 7 of the Safety, 28
Return to Work and Support Board Act 2012, 29
Page 19
Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
[16] Section 48 (3) (b) 1
Omit the paragraph. Insert instead: 2
(b) the remuneration, allowances, office accommodation and 3
other associated costs of the Chief Executive Officer, the 4
Board and members of staff of the Authority, being an 5
amount determined by the Chief Executive Officer on a 6
proportionate basis in respect of the various relevant 7
authorities within the meaning of the Safety, Return to 8
Work and Support Board Act 2012, 9
[17] Section 48 (3) (c) 10
Omit the paragraph. 11
[18] Sections 48 (3) (d) and 59 12
Omit "or the Advisory Council" wherever occurring. 13
[19] Section 48 (3A) 14
Insert after section 48 (3): 15
(3A) Money in the Fund is also authorised to be made available for 16
investment as provided by section 7 of the Safety, Return to Work 17
and Support Board Act 2012. 18
[20] Schedule 1 Provisions relating to Board of Directors of Authority 19
Omit the Schedule. 20
[21] Schedule 2 Provisions relating to Advisory Council 21
Omit the Schedule. 22
3.3 Public Finance and Audit Act 1983 No 152 23
Schedule 2 Statutory bodies 24
Omit "Sporting Injuries Committee". 25
Page 20
Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
3.4 Public Sector Employment and Management Act 2002 No 43 1
[1] Schedule 1 Divisions of the Government Service 2
Omit the matter relating to the Compensation Authorities Staff Division in 3
Division 2 of Part 1. 4
Insert instead: 5
Safety, Return to Work and Support Chief Executive Officer of Safety, Return
Division to Work and Support
[2] Schedule 1, Part 3 6
Omit "Chief Executive of the Compensation Authorities Staff Division" from 7
Column 2 of the matter relating to the Building and Construction Industry 8
Long Service Payments Corporation Casual Staff Division, the Motor 9
Accidents Authority Casual Staff Division and the WorkCover Authority 10
Casual Staff Division, wherever occurring. 11
Insert instead "Chief Executive Officer of Safety, Return to Work and 12
Support". 13
3.5 Sporting Injuries Insurance Act 1978 No 141 14
[1] Long title 15
Omit "to constitute a Sporting Injuries Committee and to confer on it powers, 16
authorities, duties and functions with respect to the administration of the 17
scheme;". 18
[2] The whole Act (except where otherwise amended by this Subschedule) 19
Omit "Committee" wherever occurring. Insert instead "Authority". 20
[3] Section 4 Definitions 21
Insert in alphabetical order in section 4 (1): 22
Authority means the WorkCover Authority constituted under the 23
Workplace Injury Management and Workers Compensation Act 24
1998. 25
Chief Executive Officer means the Chief Executive Officer of 26
Safety, Return to Work and Support holding office as such under 27
Chapter 1A of the Public Sector Employment and Management 28
Act 2002. 29
[4] Section 4 (1), definitions of "Chairperson" and "Committee" 30
Omit the definitions. 31
Page 21
Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
[5] Section 4 (1), definition of "the Department" 1
Omit "Sport and Recreation". Insert instead "Education and Communities". 2
[6] Section 5 Declaration of sporting organisations 3
Omit "Chairperson of the Committee" from section 5 (1) (b). 4
Insert instead "Chief Executive Officer". 5
[7] Section 6 Appointment of referees and medical panels 6
Omit "Chairperson" from section 6 (4). 7
Insert instead "Chief Executive Officer". 8
[8] Part 2, heading 9
Omit "Sporting Injuries Committee". Insert instead "General functions". 10
[9] Sections 7, 9, 10, 13 and 14 11
Omit the sections. 12
[10] Section 11 Establishment of Sporting Injuries Fund 13
Insert at the end of section 11 (2) (b): 14
, and 15
(c) money paid into the Fund under section 7 of the Safety, 16
Return to Work and Support Board Act 2012. 17
[11] Section 11 (4) 18
Insert after section 11 (3): 19
(4) Money in the Fund is authorised to be made available for 20
investment as provided by section 7 of the Safety, Return to Work 21
and Support Board Act 2012. 22
[12] Schedule 2 Constitution and procedure of Sporting Injuries Committee 23
Omit the Schedule. 24
[13] Schedule 5 Savings and transitional provisions 25
Omit clause 1 (1). Insert instead: 26
(1) The regulations may contain provisions of a savings or 27
transitional nature consequent on the enactment of this Act or any 28
Act that amends this Act. 29
Page 22
Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
[14] Schedule 5, clause 1 (3) 1
Omit "in the Gazette". Insert instead "on the NSW legislation website". 2
[15] Schedule 5, Part 5 3
Insert after Part 4: 4
Part 5 Provisions consequent on enactment of 5
Safety, Return to Work and Support Board 6
Act 2012 7
6 Abolition of Sporting Injuries Committee 8
(1) On the commencement of this clause: 9
(a) the Sporting Injuries Committee constituted under this Act 10
as in force immediately before that commencement is 11
abolished, and 12
(b) each person appointed as a member of the Sporting 13
Injuries Committee ceases to hold office as such a 14
member, and 15
(c) any assets, rights and liabilities of the Sporting Injuries 16
Committee become the assets, rights and liabilities of the 17
WorkCover Authority, and 18
(d) a reference to the Sporting Injuries Committee in any other 19
Act, in any instrument made under any other Act or in any 20
document is to be read as a reference to the WorkCover 21
Authority. 22
(2) A person who ceases to hold office as a member of the Sporting 23
Injuries Committee is not entitled to any remuneration or 24
compensation because of the loss of that office. 25
(3) In this clause: 26
assets means any legal or equitable estate or interest (whether 27
present or future and whether vested or contingent and whether 28
personal or assignable) in real or personal property of any 29
description (including money), and includes securities, choses in 30
action and documents. 31
liabilities means all liabilities, debts and obligations (whether 32
present or future and whether vested or contingent and whether 33
personal or assignable). 34
rights means all rights, powers, privileges and immunities 35
(whether present or future and whether vested or contingent and 36
whether personal or assignable). 37
Page 23
Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
3.6 Workers Compensation Act 1987 No 70 1
[1] Section 3 Definitions 2
Insert in alphabetical order in section 3 (1): 3
Board means the Safety, Return to Work and Support Board 4
established under the Safety, Return to Work and Support Board 5
Act 2012. 6
[2] Section 154D Establishment and operation of Insurance Fund 7
Omit "Investment Board" from section 154D (3). Insert instead "Board". 8
[3] Section 154E Assets of Insurance Fund 9
Insert after section 154E (1) (d): 10
(e) any money paid into the Insurance Fund under section 7 of 11
the Safety, Return to Work and Support Board Act 2012. 12
[4] Section 154E (3) 13
Insert after section 154E (2): 14
(3) Money in the Insurance Fund is also authorised to be made 15
available for investment as provided by section 7 of the Safety, 16
Return to Work and Support Board Act 2012. 17
[5] Section 183A Imposition of civil penalty on or censure of licensed 18
insurer or self-insurer 19
Omit "of Directors of the Authority" from section 183A (1). 20
[6] Section 227 Insurers' Guarantee Fund 21
Insert at the end of section 227 (2) (f): 22
, and 23
(g) amounts paid into the Guarantee Fund under section 7 of 24
the Safety, Return to Work and Support Board Act 2012. 25
[7] Section 227 (3A) 26
Insert after section 227 (3): 27
(3A) Money in the Guarantee Fund is also authorised to be made 28
available for investment as provided by section 7 of the Safety, 29
Return to Work and Support Board Act 2012. 30
Page 24
Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
[8] Section 239AE Terrorism Re-insurance Fund 1
Insert after section 239AE (2) (d): 2
(d1) amounts paid into the TRF under section 7 of the Safety, 3
Return to Work and Support Board Act 2012, 4
[9] Section 239AE (6) 5
Insert after section 239AE (5): 6
(6) Money in the TRF is also authorised to be made available for 7
investment as provided by section 7 of the Safety, Return to Work 8
and Support Board Act 2012. 9
3.7 Workers' Compensation (Dust Diseases) Act 1942 No 14 10
[1] Section 6 Constitution of Fund 11
Insert at the end of section 6 (1) (f): 12
, and 13
(g) money paid into the Fund under section 7 of the Safety, 14
Return to Work and Support Board Act 2012. 15
[2] Section 6 (2AA) 16
Insert before section 6 (2A): 17
(2AA) Money in the Fund is authorised to be made available for 18
investment as provided by section 7 of the Safety, Return to Work 19
and Support Board Act 2012. 20
3.8 Workplace Injury Management and Workers Compensation 21
Act 1998 No 86 22
[1] Section 4 Definitions 23
Omit the definitions of Board of Directors and Chief Executive Officer from 24
section 4 (1). 25
Insert instead: 26
Board means the Safety, Return to Work and Support Board 27
established under the Safety, Return to Work and Support Board 28
Act 2012. 29
Chief Executive Officer means the Chief Executive Officer of 30
Safety, Return to Work and Support holding office as such under 31
Chapter 1A of the Public Sector Employment and Management 32
Act 2002. 33
Page 25
Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
[2] Section 4 (1), definitions of "Council", "Investment Board", "member of 1
staff" and "relevant Government Service Division" 2
Omit the definitions. 3
[3] Sections 15, 19, 19A, 20 and 240 4
Omit the sections. 5
[4] Section 18 The Minister 6
Omit "of Directors". 7
[5] Section 18 8
Insert "under this or any other Act to the extent they relate to the Authority" 9
after "functions". 10
[6] Section 18, note 11
Insert at the end of the section: 12
Note. See also the Safety, Return to Work and Support Board Act 2012 13
which includes other provisions relating to the management of the 14
Authority. 15
[7] Section 21 Delegation of functions 16
Omit section 21 (3). Insert instead: 17
(3) In this section: 18
authorised person means: 19
(a) a member of staff of the Authority, or 20
(b) a person of a class prescribed by the regulations or of a 21
class approved by the Board. 22
[8] Section 22 General functions of Authority 23
Omit the note at the end of the section. Insert instead: 24
Note. Staff may be employed under Chapter 1A of the Public Sector 25
Employment and Management Act 2002 in the Government Service to 26
enable the Authority to exercise its functions. Under section 4K of that 27
Act, a reference in this Act to a member of staff of the Authority is a 28
reference to staff so employed or to persons of whose services the 29
Authority makes use. 30
[9] Section 23 Specific functions 31
Omit section 23 (1) (r) and (2). 32
[10] Chapter 2, Parts 4 and 5 33
Omit the Parts. 34
Page 26
Safety, Return to Work and Support Board Bill 2012
Amendment of Acts Schedule 3
[11] Section 35 Payments into and from Fund 1
Omit section 35 (2) (a). Insert instead: 2
(a) the remuneration, allowances, office accommodation and 3
other associated costs of the Chief Executive Officer, the 4
Board and members of staff of the Authority, being an 5
amount determined by the Chief Executive Officer on a 6
proportionate basis in respect of the various relevant 7
authorities within the meaning of the Safety, Return to 8
Work and Support Board Act 2012, 9
[12] Section 35 (2) (b) 10
Omit the paragraph. 11
[13] Section 106 Authority may intervene in proceedings 12
Insert "of the Authority" after "member of staff" in section 106 (2). 13
[14] Section 237 14
Omit the section. Insert instead: 15
237 Service of documents 16
(1) A document may be served on the Authority by leaving it at, or 17
by sending it by post to: 18
(a) the office of the Authority, or 19
(b) if the Authority has more than one office--any one of its 20
offices. 21
(2) Nothing in this section affects the operation of any provision of a 22
law or of the rules of a court authorising a document to be served 23
on the Authority in any other manner. 24
[15] Sections 238 (1), 238AA (7) and 241 (1) (a) 25
Insert "of the Authority who is" after "member of staff" wherever occurring. 26
[16] Section 243 Disclosure requirements 27
Omit section 243 (2) (a). 28
[17] Section 248A Review of Act 29
Omit the section. 30
[18] Section 320 Appointment of approved medical specialists 31
Omit "in consultation with the Council" from section 320 (1). 32
Page 27
Safety, Return to Work and Support Board Bill 2012
Schedule 3 Amendment of Acts
[19] Section 320 (1A) 1
Omit the subsection. 2
[20] Schedule 2 Provisions relating to Council 3
Omit the Schedule. 4
[21] Schedule 3 Provisions relating to Board of Directors 5
Omit the Schedule. 6
[22] Schedule 3A Provisions relating to Investment Board 7
Omit the Schedule. 8
Page 28
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