Commonwealth: Safety, Rehabilitation and Compensation Act 1988 (Cth)

Safety, Rehabilitation and Compensation Act 1988 No. 75, 1988 Compilation No. 81 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Safety, Rehabilitation and Compensation Act 1988 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Application of Act 4 Interpretation 4AA Liabilities of Comcare and the Commission with respect to defence service 4A Declaration that ACT a Commonwealth authority 5 Employees 5A Definition of injury 5B Definition of disease 6 Injury arising out of or in the course of employment 7 Provisions relating to diseases 8 Normal weekly earnings 9 Relevant period 10 Recovery of damages 11 Liability of relevant authority 12 Amounts of compensation 13 Indexation—Consumer Price Index 13AA Indexation—Wage Price Index 13A Application of Criminal Code Part II—Compensation Division 1—Injuries, property loss or damage, medical expenses 14 Compensation for injuries 15 Compensation for loss of or damage to property used by employee 16 Compensation in respect of medical expenses etc. Division 2—Injuries resulting in death 17 Compensation for injuries resulting in death 18 Compensation in respect of funeral expenses Division 3—Injuries resulting in incapacity for work 19 Compensation for injuries resulting in incapacity 20 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension 21 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit 21A Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit 22 Compensation where employee is maintained in a hospital 23 Compensation for incapacity not payable in certain cases 23A Repayment of salary, wages or pay, and re‑crediting of paid leave, where compensation claim successful Division 4—Injuries resulting in impairment 24 Compensation for injuries resulting in permanent impairment 25 Interim payment of compensation 26 Payment of compensation 27 Compensation for non‑economic loss 28 Approved Guide Division 5—Household and attendant care services 29 Compensation for household services and attendant care services obtained as a result of a non‑catastrophic injury 29A Compensation for household services and attendant care services obtained as a result of a catastrophic injury Division 6—Miscellaneous 30 Redemption of compensation 31 Recurrent payments after payment of lump sum 32 Cancelled determinations not to affect certain payments of compensation 33 Reduction of compensation in certain cases Part III—Rehabilitation Division 1—Preliminary 34 Definitions Division 2—Approved rehabilitation program providers 34A How this Part applies to partnerships 34B Persons may seek approval as rehabilitation program providers 34C Applications for initial approval 34D Comcare to establish criteria for approval, or renewal of approval, of persons as rehabilitation program providers 34E Comcare to establish operational standards for rehabilitation program providers 34F The initial approval decision 34G Duration of initial approval given on application 34H Comcare may also approve persons as rehabilitation program providers on its own initiative 34J Persons may seek renewal of approval as rehabilitation program providers in certain circumstances 34K The renewal application 34L The renewal decision 34M Duration of renewal of approval 34N Further information may be required of applicants 34P Initial approval or renewal is subject to conditions 34Q Revocation of approval 34R Review of decisions 34S Approved forms Division 3—Rehabilitation programs 35 Exempt authorities 36 Assessment of capability of undertaking rehabilitation program 37 Provision of rehabilitation programs 38 Review of certain determinations by Comcare 39 Compensation payable in respect of certain alterations etc. 40 Duty to provide suitable employment 41 Rehabilitation authorities to comply with guidelines 41A Delegation by rehabilitation authority 41B Application of rehabilitation provisions to former Commonwealth authorities 41C Application of rehabilitation provisions to successors of former Commonwealth authorities 41D Application of rehabilitation provisions to the Australian Capital Territory if it ceases to be a Commonwealth authority Part IV—Liabilities arising apart from this Act 42 Interpretation 43 Certain persons may request cessation of compensation payments 44 Action for damages not to lie against Commonwealth etc. in certain cases 45 Actions for damages—election by employees 46 Notice of common law claims against third party 47 Notice of common law claims against Commonwealth 48 Compensation not payable where damages recovered 49 Dependants not claiming compensation 50 Common law claims against third parties 51 Payment of damages by persons to Comcare 52 Compensation not payable both under Act and under award 52A Comcare's rights and obligations in respect of certain action for non‑economic loss Part V—Claims for compensation 53 Notice of injury or loss of, or damage to, property 54 Claims for compensation 55 Survival of claims 56 Claims may not be made in certain cases 57 Power to require medical examination 57A Guide for Arranging Rehabilitation Assessments and Requiring Examinations 58 Power to request the provision of information 59 Certain documents to be supplied on request Part VI—Reconsideration and review of determinations 60 Interpretation 61 Determinations to be notified in writing 62 Reconsideration of determinations 63 Reviewable decision to be notified in writing 64 Applications to the Administrative Review Tribunal 65 Modifications of the Administrative Review Tribunal Act 2024 66 Evidence in proceedings before Administrative Review Tribunal 67 Costs of proceedings before Administrative Review Tribunal Part VII—Administration and finance Division 1—Comcare 68 Establishment 69 Functions 70 Powers 70A Comcare may charge for certain services 70B Formation and activities of Comcare subsidiaries 71 Power to obtain information from Departments and authorities 72 Manner in which claims are to be determined 72A Duty to assist the Commission and the Seafarers Safety, Rehabilitation and Compensation Authority 73 Directions by Minister 73A Guidelines by Commission 73B Delegation by Comcare 74 Constitution of Comcare 76 The Chief Executive Officer 79 Persons acting as Chief Executive Officer 80 Remuneration and allowances 81 Leave of absence 83 Resignation 84 Termination of appointment 85 Annual report Division 2—Deputy Chief Executive Officer, staff and consultants 86 Deputy Chief Executive Officer 87 Duties of Deputy Chief Executive Officer 88 Staff 89 Consultants Division 3—The Commission 89A Establishment 89B Functions 89C Powers 89D Directions by Minister 89E Constitution 89F Appointment 89G Term of office 89H Deputies of members 89J Acting Chairperson 89K Remuneration and allowances 89L Leave of absence 89M Disclosure of interests 89N Resignation 89P Termination of appointment 89Q Meetings 89R Delegation by Commission and sub‑delegation 89S Annual reports Division 4—Finance 90B Payments to Comcare in respect of long‑term liabilities 90C Source of funds to enable Comcare to meet its liabilities and other expenses 90D Appropriation 91 Money of Comcare 92 Estimates of receipts and expenditure 93 Exemption from taxation 95 Borrowing Division 4A—Premiums and regulatory contributions 96 Extended meaning of Commonwealth authority for purposes of regulatory contributions 96A Available scheme funds 96B Comcare‑retained funds 96C Principal officer 97 Determination of premiums 97A Matters for consideration in determination of premium 97B Determination of special premiums for non‑economic loss in respect of injuries suffered after 30 June 1999 and before 1 July 2002 97C Estimate of premium for certain Commonwealth authorities 97CA Determination of exit contributions for former Commonwealth authorities 97CB Determination of exit contributions for successors of former Commonwealth authorities 97CC Determination of exit contributions for the Australian Capital Territory if it ceases to be a Commonwealth authority 97D Regulatory contributions payable by an Entity or a Commonwealth authority 97DA Regulatory contributions payable by a former Commonwealth authority etc. 97DAA Regulatory contributions by Defence Department 97DAB Modifications of provisions relating to contributions 97DB Constitutional limits 97E Guidelines and principles 97F Information to be given to Comcare 97G Notice of determinations 97H Payment of premium or regulatory contribution by an Entity or Commonwealth authority 97HA Payment of exit contribution or regulatory contribution by a former Commonwealth authority etc. 97J Review by Comcare of determination of premium or regulatory contribution 97K Further review by Commission of outcome of Comcare's review 97L Refund of premium or regulatory contribution paid by an Entity or Commonwealth authority 97LA Refund of exit contribution or regulatory contribution paid by a former Commonwealth authority etc. 97M Variation of determination of premium or regulatory contribution payable by an Entity or Commonwealth authority 97MA Variation of determination of exit contribution or regulatory contribution payable by a former Commonwealth authority etc. 97N Repayment of premium excess etc. 97P Late payment penalty 97Q Refund of premiums to former Commonwealth authorities 97QA Refund of premiums to successors of former Commonwealth authorities 97QB Refund of premiums to the Australian Capital Territory if it ceases to be a Commonwealth authority 97QBA Refund of exit contributions to former Commonwealth authorities 97QBB Refund of exit contributions to successors of former Commonwealth authorities 97QBC Refund of exit contributions to the Australian Capital Territory if it ceases to be a Commonwealth authority 97QC Refunds to be made from Comcare‑retained funds 97QD Remission of exit contributions payable by former Commonwealth authorities 97QE Remission of exit contributions payable by successors of former Commonwealth authorities 97QF Remission of exit contributions payable by the Australian Capital Territory if it ceases to be a Commonwealth authority Part VIII—Licences to enable Commonwealth authorities and certain corporations to accept liability for, and/or manage, claims Division 1—Preliminary 98A Outline of Part 99 Definitions 100 Minister may declare a corporation eligible to be granted a licence under this Part 101 Ministerial directions concerning licences Division 2—Powers of the Commission in relation to licences 102 Application for grant of a licence 103 The Commission's power to grant licences 104 Licence decision 104A Licence fees 105 The Commission may vary the scope of a licence or extend its term 106 Suspension or revocation of licences at the instance of the Commission 107 Revocation of licence at request of licensee 107A Effect of suspension or revocation Division 3—Authorisation to accept liability in respect of certain claims 108 Licence can authorise licensee to accept liability 108A The consequences of a licensee's authorisation to accept liability Division 4—Authorisation to manage claims 108B Licence can authorise licensee to manage claims 108C The consequences of a licensee's authorisation to manage claims Division 5—Conditions of a licence 108D The Commission may grant licence on conditions Division 6—Miscellaneous 108E Functions of licensees 108F Powers of licensee 108G Date of effect of certain notices under this Part 108H Delegation by licensed authority Part IX—Miscellaneous 109A Jurisdiction of courts with respect to extraterritorial offences 109 Determinations to be in writing 110 Money paid to relevant authority for benefit of person 111 Provisions applicable on death of beneficiary 112 Assignment, set‑off or attachment of compensation 112A Making of compensation payments through employers of employees paid out of relevant money 112B Making of compensation payments through employers of employees not paid out of relevant money 113 Recovery of amounts due to relevant authority 114 Recovery of overpayments 114A Notice to Comcare of retirement of employee 114B Recovery of overpayment to retired employee 114C Comcare may write off debt 114D Comcare may waive debt 115 Deduction of overpayments of repatriation pensions 116 Employees on compensation leave 117 Compensation payable to locally engaged overseas employees 118 Double benefits 119 Compensation where State compensation payable 119A Persons entitled to treatment under other legislation not entitled to certain compensation 120 Notice of departure from Australia etc. 121A Confidential commercial information not to be published 122 Regulations 122A Legislative rules Part X—Transitional provisions Division 1—Preliminary 123 Interpretation 123A Injuries suffered before the commencing day Division 2—Transitional provisions 124 Application of Act to pre‑existing injuries 124A Northern Territory to reimburse Comcare for certain compensation payments and administrative expenses 125 Payments under previous Acts 126 Notices, claims etc. under previous Acts 127 Settlements and determinations under previous Acts 128 Liability under previous Acts 128A Comcare's liability to be discharged by prescribed Commonwealth authorities in some cases 129 Application for review and other proceedings under previous Acts 129A Reconsideration and review of certain determinations under 1971 Act 130 Money and investments held under 1971 Act Division 3—Special transitional provisions relating to certain former employees 131 Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work 132 Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work 132A Former employees under 65 who are capable of engaging in any work 133 Minimum benefit payable 134 Reduction of compensation on reaching pension age 135 Former employees 65 and over who are in receipt of superannuation benefits 136 Former employees 65 and over who are not in receipt of superannuation benefits 137 Redemption on request by former employee Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the rehabilitation of employees of the Commonwealth and certain corporations and to workers' compensation for those employees and certain other persons, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Safety, Rehabilitation and Compensation Act 1988. 2 Commencement (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation. 3 Application of Act Subject to section 117, this Act extends to all places outside Australia, including the external Territories. 4 Interpretation (1) In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the ACT Self‑Government Act. action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding) to recover an amount for damages for non‑economic loss sustained by an employee as a result of an injury suffered by that employee: (a) that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and (b) that follows an election made by the first‑mentioned employee under subsection 45(1). ACT Self‑Government Act means the Australian Capital Territory (Self‑Government) Act 1988. administering authority means a Commonwealth authority that, immediately before the repeal of Part VIII, was an administering authority under that Part. adoption means adoption under a law of a State or Territory or of a foreign country. aggravation includes acceleration or recurrence. ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development). approved Guide means: (a) the document, prepared by Comcare in accordance with section 28 under the title "Guide to the Assessment of the Degree of Permanent Impairment", that has been approved by the Minister and is for the time being in force; and (b) if an instrument varying the document has been approved by the Minister—that document as so varied. approved program provider means a person or body approved under section 34F or 34H as a rehabilitation program provider and includes a person or body so approved whose approval is renewed under section 34L. approved Rehabilitation Assessments and Examinations Guide means: (a) the document prepared by Comcare in accordance with section 57A, titled "Guide for Arranging Rehabilitation Assessments and Requiring Examinations", that has been approved by the Minister and is for the time being in force; or (b) if an instrument varying that document has been approved by the Minister—that document as so varied. attendant care services, in relation to an employee, means services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee. catastrophic injury means an injury, where the conditions specified in the legislative rules are satisfied. Chairperson means the Chairperson of the Commission. Chief Executive Officer means the Chief Executive Officer appointed under section 74, and includes a person who is acting as the Chief Executive Officer. child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. claim means a claim under Part V. claimant, in relation to a time after the death of a claimant, has the meaning given in subsection (11). Comcare means the body corporate established by section 68. Comcare subsidiary means an incorporated company formed by Comcare. Commission means the Safety, Rehabilitation and Compensation Commission established by section 89A. Commissioner means a member of the Commission other than the Chief Executive Officer. Commonwealth, in relation to persons employed by a Commonwealth authority, has the additional meaning given in subsection 5(7). Commonwealth authority means: (a) a body corporate that is incorporated for a public purpose by a law of the Commonwealth, other than a body declared by the Minister, by legislative instrument, to be a body corporate to which this Act does not apply; or (b) a body corporate that is incorporated for a public purpose by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or (c) a body corporate: (i) that is incorporated under a law of the Commonwealth or a law in force in a State or Territory; (ii) in which: (A) the Commonwealth has a controlling or substantial interest; or (B) a Territory (other than the Australian Capital Territory or the Northern Territory) or a body corporate referred to in paragraph (a) or (b) has a controlling interest; and (iii) that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or (d) a body corporate: (i) in which a body corporate declared under paragraph (c) has a controlling interest; and (ii) that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or (e) if a declaration is in force under section 4A, the Australian Capital Territory. Note: For the purposes of the provisions relating to regulatory contributions under Division 4A of Part VII, Commonwealth authority has an extended meaning—see section 96. compensation leave means any period during which an employee is absent from his or her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22. controlling interest, in relation to a body corporate, means an interest in the body corporate that enables the person holding the interest to: (a) control the composition of the board of directors of the body corporate; or (b) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate; or (c) control more than one‑half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital). corporation, in Part VIII, means: (a) a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or (d) a body corporate that is incorporated in a Territory; but does not include a Commonwealth authority. CTPA means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004. damages includes any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with legal proceedings. de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. Defence Department has the meaning given by the Military Rehabilitation and Compensation Act 2004. defence service has the meaning given by the Military Rehabilitation and Compensation Act 2004. dependant, in relation to a deceased employee, means: (a) the spouse, parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the employee; or (b) a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee; being a person who was wholly or partly dependent on the employee at the date of the employee's death. Note: See also subsection 4(2). dependent means dependent for economic support. Deputy Chief Executive Officer means the Deputy Chief Executive Officer under section 86. disease has the meaning given by section 5B. eligible corporation, in Part VIII, means a corporation in respect of which a declaration is in force under section 100. employee has the meaning given in section 5. Entity means: (a) an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or (b) a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or (c) a person, body, organisation or group of persons prescribed for this paragraph. excluded injury means an injury that arose out of, or in the course of, or was incidental to: (a) State banking not extending beyond the limits of the State concerned; or (b) State insurance not extending beyond the limits of the State concerned. exempt authority means an Entity or a Commonwealth authority declared by the Minister under section 35 to be an exempt authority. exit contribution means an exit contribution under Division 4A of Part VII. Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013. household services, in relation to an employee, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) that are required for the proper running and maintenance of the employee's household. impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function. injury has the meaning given by section 5A. legislative rules means rules made under section 122A. licence means a licence under Part VIII. licensed authority means a Commonwealth authority that is the holder of a licence that is in force. licensed corporation means a corporation that is the holder of a licence that is in force under Part VIII. licensee means a Commonwealth authority or a corporation that is licensed, or that is taken to be licensed, under Part VIII. loss, in relation to property used by an employee, includes the destruction of that property. medical treatment means: (a) medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or (b) therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or (c) dental treatment by, or under the supervision of, a legally qualified dentist; or (d) therapeutic treatment by, or under the supervision of, a physiotherapist, osteopath, masseur or chiropractor registered under the law of a State or Territory providing for the registration of physiotherapists, osteopaths, masseurs or chiropractors, as the case may be; or (e) an examination, test or analysis carried out on, or in relation to, an employee at the request or direction of a legally qualified medical practitioner or dentist and the provision of a report in respect of such an examination, test or analysis; or (f) the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance; or (g) treatment and maintenance as a patient at a hospital; or (h) nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or (i) any other form of treatment that is prescribed for the purposes of this definition. member means a member of the Commission, including the Chairperson but not including the Chief Executive Officer. non‑economic loss, in relation to an employee who has suffered an injury resulting in a permanent impairment, means loss or damage of a non‑economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware. normal weekly earnings means the normal weekly earnings of an employee calculated under section 8. normal weekly hours, in relation to an employee, means the average number of hours (including hours of overtime) worked in each week by the employee in his or her employment during the relevant period as calculated for the purpose of applying the formula in subsection 8(1) or (2). overtime includes: (a) any duty on shifts or on Saturdays, Sundays or other holidays; and (b) excess travelling time. parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section. pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991. permanent means likely to continue indefinitely. place of residence, in relation to an employee, means: (a) the place where the employee normally resides; (b) a place, other than the place referred to in paragraph (a), where the employee resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or (c) any other place where the employee stays, or intends to stay, overnight, a journey to which from the employee's place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a). place of work, in relation to an employee, includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment. pre‑determination period, in relation to a claim by an employee for compensation under Division 3 of Part II, means the period from the start of the day when the employee is injured until the end of the day on which Comcare determines the claim. premium, in respect of an Entity or Commonwealth authority and a financial year, means: (a) the amount paid or payable under Division 4A of Part VII as the premium, other than a special premium, in respect of that Entity or authority and that financial year; and (b) if the financial year ended before 1 July 1991, any contribution so paid or payable under section 98 of the Commonwealth Employees (Rehabilitation and Compensation) Act 1988, as that Act applied in respect of that year. prescribed child means: (a) a person under 16; or (b) a person who: (i) is 16 or more but under 25; (ii) is receiving full‑time education at a school, college, university or other educational institution; and (iii) is not ordinarily in employment or engaged in work on his or her own account. previous Commission means the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees that was established under section 68 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 as amended and in force immediately before the commencement of Part 2 of the Industrial Relations Legislation Amendment Act (No. 3) 1991. principal officer, in relation to a Commonwealth authority, means: (a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or (b) if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present. principal officer, in relation to a licensed corporation, means the principal executive officer of the corporation. principal officer, in relation to an Entity, means: (a) if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the Public Service Act 1999; or (b) if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or (c) if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity—the person prescribed as the principal officer. proceeding under Part VI has the meaning given in subsection (12). property used by an employee means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee. rehabilitation authority, in relation to an employee, means: (a) where the employee is employed by an exempt authority—Comcare; and (b) where the employee is employed by a licensed authority—the principal officer of that authority; and (ba) if the employee is employed by a licensed corporation—the principal officer of that corporation; and (c) if the employee is employed by an Entity or a Commonwealth authority, other than an exempt authority—the principal officer of the Entity or the Commonwealth authority in which the employee is employed. rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in‑patient or out‑patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training. relevant authority means: (a) in relation to an employee who is employed by a licensee—the licensee; and (b) in relation to any other employee—Comcare. relevant money has the same meaning as in the Public Governance, Performance and Accountability Act 2013. relevant period means the period calculated under section 9. retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997. significant degree has the meaning given by subsection 5B(3). special premium, in respect of an Entity or Commonwealth authority and the financial year starting on 1 July 1999, 1 July 2000 or 1 July 2001, means the amount paid or payable as a result of a determination under section 97B as a special premium in respect of that Entity or authority and that financial year. spouse includes: (a) in relation to an employee or a deceased employee—a person who is, or immediately before the employee's death was, a de facto partner of the employee; and (b) in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands—a person who is or was recognised as the employee's husband, wife or spouse by the custom prevailing in the tribe or group to which the employee belongs or belonged. stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person's stepchild except that the person is not legally married to the partner. step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person's step‑parent except that he or she is not legally married to the person's parent. substantial interest, in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person. suitable employment, in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means: (a) in the case of an employee who was a permanent employee of the Commonwealth or a licensee on the day on which he or she was injured and who continues to be so employed—employment by the Commonwealth or the licensed corporation, as the case may be in work for which the employee is suited having regard to: (i) the employee's age, experience, training, language and other skills; (ii) the employee's suitability for rehabilitation or vocational retraining; (iii) where employment is available in a place that would require the employee to change his or her place of residence—whether it is reasonable to expect the employee to change his or her place of residence; and (iv) any other relevant matter; and (b) in any other case—any employment (including self‑employment), having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv). superannuation amount, in relation to a pension received by an employee in respect of a week, or a lump sum benefit received by an employee, being a pension or benefit under a superannuation scheme, means an amount equal to: (a) if the scheme identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation—the amount of that part; or (b) in any other case—the amount assessed by the relevant authority to be the part of the pension or lump sum that is so attributable or, if such an assessment cannot be made, the amount of the pension received by the employee in respect of that week or the amount of the lump sum, as the case requires. superannuation scheme means any superannuation scheme under which, or retirement savings account to which, the Commonwealth, a Commonwealth authority or a licensed corporation makes contributions on behalf of employees and includes a superannuation or provident scheme established or maintained by the Commonwealth, a Commonwealth authority or a licensed corporation. the 1912 Act means the Commonwealth Workmen's Compensation Act 1912. the 1930 Act means the Commonwealth Employees' Compensation Act 1930. the 1971 Act means the Compensation (Commonwealth Government Employees) Act 1971. therapeutic treatment includes an examination, test or analysis done for the purpose of diagnosing, or treatment given for the purpose of alleviating, an injury. (2) For the purposes of this Act, relationships (including the relationship of being family or being relatives) are taken to include (without limitation): (a) relationships between de facto partners; and (b) relationships of child and parent that arise: (i) if someone is an exnuptial or adoptive child of a person; or (ii) because of the definitions of child and parent in this section; and (c) relationships traced through relationships referred to in paragraphs (a) and (b). (3) For the purposes of this Act, any physical or mental injury or ailment suffered by an employee as a result of medical treatment of an injury shall be taken to be an injury if, but only if: (a) compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and (b) it was reasonable for the employee to have obtained that medical treatment in the circumstances. (4) For the purposes of this Act, a person shall be taken to have been wholly or partly dependent on an employee at the date of the employee's death if the person would have been so dependent but for an incapacity of the employee that resulted from an injury. (5) For the purposes of this Act, a person who, immediately before the date of an employee's death, lived with the employee and was: (a) the spouse of the employee; or (b) a child of the employee, being a prescribed child; shall be taken to be a person who was wholly dependent on the employee at that date. (6) For the purposes of this Act, other than subsection 17(5), a child of a deceased employee who was born alive after the employee's death shall be treated as if he or she had been born immediately before the employee's death and was wholly dependent upon the employee at the date of the employee's death. (7) In ascertaining, for the purposes of this Act, whether a child is or was dependent on an employee, any amount of: (a) family tax benefit calculated under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual's Part A rate); and (c) carer allowance under that Act; and (d) double orphan pension under that Act; shall not be taken into account. (8) A reference in this Act to an injury suffered by an employee is, unless the contrary intention appears, a reference to an injury suffered by the employee in respect of which compensation is payable under this Act. (9) A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being: (a) an incapacity to engage in any work; or (b) an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth or a licensed corporation in that work or any other work immediately before the injury happened. (10) For the purposes of the application of this Act in relation to an employee employed by a licensed authority, or a dependant of such a person, a reference in this Act (other than in section 28 or Part III, V, VI, VII or VIII) to Comcare is, unless the contrary intention appears, a reference to that authority. (10A) For the purposes of the application of this Act in relation to an employee employed by a licensed corporation, or a dependant of such a person, a reference in this Act (except in section 28 or Part III, V, VI, VII or VIII) to Comcare is, unless the contrary intention appears, a reference to that corporation. (11) A reference in this Act to a claimant is, in relation to any time after the death of the claimant, a reference to his or her legal personal representative. (12) A reference in this Act to the institution of a proceeding under Part VI in respect of a reviewable decision is a reference to the making of an application to the Administrative Review Tribunal for review of that decision. (13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct. (14) In spite of the definition of principal officer in subsection (1), if the Australian Capital Territory is, or has ceased to be, a Commonwealth authority for the purposes of this Act, the following rules have effect: (a) if there is in force a written declaration by the Minister, made at the written request of the Chief Minister for the Territory, that a specified person is to be taken to be the principal officer of the Territory, this Act has effect accordingly; (b) if there is no such declaration in force, the Chief Minister of the Territory is to be taken to be the principal officer of the Territory. (15) If: (a) a body corporate ceases to be a Commonwealth authority; and (b) the body corporate continues in existence; the principal officer of the body corporate is to be determined as if the body corporate had not ceased to be a Commonwealth authority. 4AA Liabilities of Comcare and the Commission with respect to defence service Neither Comcare nor the Commission has any liability under this Act in respect of an injury, loss, damage or death that relates to defence service (whenever it occurred). 4A Declaration that ACT a Commonwealth authority (1) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, in writing, declare the Australian Capital Territory to be a Commonwealth authority for the purposes of this Act. (2) The Minister may revoke a declaration under subsection (1). (3) The Minister may only revoke a declaration if either: (a) the Minister has given the Chief Minister at least 12 months' notice in writing of his or her intention to revoke the declaration; or (b) the Chief Minister has given the Minister a written request that the declaration be revoked and: (i) a period of at least 12 months; or (ii) such shorter period as is agreed on by the Minister and the Chief Minister; has elapsed since the request was given to the Minister. 5 Employees (1) In this Act, unless the contrary intention appears: Chief Minister means the Chief Minister for the Australian Capital Territory. employee means: (a) a person who is employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship; or (b) a person who is employed by a licensed corporation. (1A) For the purposes of paragraph (b) of the definition of employee in subsection (1), a person is taken to be employed by a licensed corporation if, and only if: (a) a person performs work for that corporation under a law or a contract; and (b) pursuant to that law or pursuant to the law that is the proper law of that contract, as the case may be, the person would, if that corporation were not a licensed corporation, be entitled to compensation in respect of injury, loss or damage suffered by, or in respect of the death of, the person in connection with that work. (2) Without limiting the generality of subsection (1): (a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or (c) a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in: (i) an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by legislative instrument, to be an office to which this Act does not apply; or (ii) an office that is established by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be an office to which this Act applies; shall, for the purposes of this Act, be taken to be employed by the Commonwealth, and the person's employment shall, for those purposes, be taken to be constituted by the person's performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee or by the person's performance of the duties of that office, as the case may be. (3) A person who: (a) constitutes, or is acting as the person constituting, a Commonwealth authority; (b) is, or is acting as, a member of such an authority; or (c) is a deputy of such a member; shall, for the purposes of this Act, be taken to be employed by that authority, and the person's employment shall, for those purposes, be taken to be constituted by the performance of: (d) the duties of the authority; (e) the person's duties as such a member or acting member; or (f) the person's duties as such a deputy; as the case may be. (4) A person: (a) who is ordinarily engaged for employment at a prearranged place at which employers engage persons for employment; and (b) whose last employer under an engagement at that place was the Commonwealth, a Commonwealth authority or a licensed corporation; shall, for the purposes of this Act, be taken to be employed by the Commonwealth, that authority or that corporation, as the case may be, until the person is next engaged under such an engagement, and the person's employment shall, for those purposes, be taken to be constituted by the person's attendance at that place for the purpose of seeking such an engagement. (5) Subsection (4) does not operate to make Comcare liable to pay compensation in respect of an injury sustained by an employee during an attendance to which that subsection applies if the injury was sustained because the employee voluntarily and unreasonably subjected himself or herself to an abnormal risk of injury. (6) The Minister may, by legislative instrument (the notice), declare: (a) that persons specified in the notice, being persons who engage in activities or perform acts: (i) at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or (ii) at the request or direction, or for the benefit, of a Commonwealth authority or a licensed corporation; shall, for the purposes of this Act, be taken to be employed by the Commonwealth, or by that authority or corporation, as the case may be; and (b) that the employment of the person shall, for those purposes, be taken to be constituted by the performance by the person of such acts as are specified in the notice; and such a declaration shall have effect accordingly. (7) For the purposes of the application of this Act in relation to a person employed by a Commonwealth authority, references in this Act to the Commonwealth shall be read as references to that authority. (8) This Act does not apply to: (a) a member of the Parliament or a Minister of State; (b) a person who is a Judge as defined by section 4 of the Judges' Pensions Act 1968; (c) an officer or employee of the Public Service of an external Territory; or (d) a seaman to whom the Seafarers Rehabilitation and Compensation Act 1992 applies. (9) A reference to an employee in a provision of this Act that applies to an employee at a time after Comcare, an administering authority, a licensed authority or a licensed corporation has incurred a liability in relation to the employee under this Act includes, unless the contrary intention appears, a reference to a person who has ceased to be an employee. (11) For the purposes of this Act, the following are taken to be employed by the Australian Capital Territory: (a) a person who is an officer or employee of an authority or body established by an ACT enactment, other than an authority or body in respect of which a declaration is in force under subsection (12); (b) a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body: (i) in which the Australian Capital Territory or an authority or body established by an ACT enactment has a controlling interest; and (ii) in respect of which a declaration under subsection (13) is in force; (c) a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body: (i) in which a body corporate referred to in paragraph (b) has a controlling interest; and (ii) in respect of which a declaration under subsection (13) is in force; (d) a person who is employed under the Legislative Assembly (Members' Staff) Act 1989 of the Australian Capital Territory; (e) the Commissioner, Deputy Commissioner and members of the Australian Capital Territory Fire Brigade under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory; (ea) a member of the ACT Fire and Rescue Service within the meaning of the Emergencies Act 2004 of the Australian Capital Territory; (f) a person who holds, or is acting in, an office established by an ACT enactment, other than an office in respect of which a declaration is in force under subsection (12). (12) If the Chief Minister so requests in writing, the Minister may, by legislative instrument, declare that: (a) an authority or body is not an authority or body to which subsection (11) applies; or (b) an office is not an office to which subsection (11) applies. (13) If the Chief Minister so requests in writing, the Minister may make a written declaration that a body corporate is a body to which subsection (11) applies. (13A) A declaration under subsection (13) is not a legislative instrument. (14) Subsection (11) does not apply to the following offices established by the Australian Capital Territory (Self‑Government) Act 1988: (a) Chief Minister for the Australian Capital Territory; (b) Deputy Chief Minister for the Australian Capital Territory; (c) Minister; (d) Presiding Officer of the Legislative Assembly for the Australian Capital Territory; (e) deputy to the Presiding Officer of the Legislative Assembly for the Australian Capital Territory; (f) member of the Legislative Assembly for the Australian Capital Territory. (15) If the Chief Minister so requests in writing, the Minister may make a written declaration that persons specified in the declaration, when engaging in activities: (a) at the request or direction, or for the benefit, of the Australian Capital Territory; or (b) in accordance with a requirement made by or under an ACT enactment; or (c) at the request or direction, or for the benefit, of an authority or body established by an ACT enactment; are to be taken to be employees of the Australian Capital Territory. (16) A declaration under subsection (15) is not a legislative instrument. (17) To avoid doubt, a member of the Defence Force is not an employee. Note: For members of the Defence Force, see the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988. 5A Definition of injury (1) In this Act: injury means: (a) a disease suffered by an employee; or (b) an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee's employment; or (c) an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee's employment), that is an aggravation that arose out of, or in the course of, that employment; but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment. (2) For the purposes of subsection (1) and without limiting that subsection, reasonable administrative action is taken to include the following: (a) a reasonable appraisal of the employee's performance; (b) a reasonable counselling action (whether formal or informal) taken in respect of the employee's employment; (c) a reasonable suspension action in respect of the employee's employment; (d) a reasonable disciplinary action (whether formal or informal) taken in respect of the employee's employment; (e) anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d); (f) anything reasonable done in connection with the employee's failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment. 5B Definition of disease (1) In this Act: disease means: (a) an ailment suffered by an employee; or (b) an aggravation of such an ailment; that was contributed to, to a significant degree, by the employee's employment by the Commonwealth or a licensee. (2) In determining whether an ailment or aggravation was contributed to, to a significant degree, by an employee's employment by the Commonwealth or a licensee, the following matters may be taken into account: (a) the duration of the employment; (b) the nature of, and particular tasks involved in, the employment; (c) any predisposition of the employee to the ailment or aggravation; (d) any activities of the employee not related to the employment; (e) any other matters affecting the employee's health. This subsection does not limit the matters that may be taken into account. (3) In this Act: significant degree means a degree that is substantially more than material. 6 Injury arising out of or in the course of employment (1) Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained: (a) as a result of an act of violence that would not have occurred but for the employee's employment or the performance by the employee of the duties or functions of his or her employment; or (b) while the employee was at the employee's place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment; or (c) while the employee was temporarily absent from the employee's place of work undertaking an activity: (i) associated with the employee's employment; or (ii) at the direction or request of the Commonwealth or a licensee; or (d) while the employee was, at the direction or request of the Commonwealth or a licensee, travelling for the purpose of that employment; or (e) while the employee was at a place of education, except while on leave without pay, in accordance with: (i) a condition of the employee's employment by the Commonwealth or a licensee; or (ii) a request or direction of the Commonwealth or a licensee; or (iii) the approval of the Commonwealth or a licensee; or (ea) while the employee was travelling between the employee's place of work and a place of education for the purpose of attending that place in accordance with: (i) a condition of the employee's employment by the Commonwealth or a licensee; or (ii) a request or direction of the Commonwealth or a licensee; or (iii) the approval of the Commonwealth or a licensee; or (f) while the employee was at a place for the purpose of: (i) obtaining a medical certificate for the purposes of this Act; or (ii) receiving medical treatment for an injury; or (iii) undergoing a rehabilitation program provided under this Act; or (iv) receiving a payment of compensation under this Act; or (v) undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or (vi) receiving money due to the employee under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and the Commonwealth or a licensee, is available, or reasonably expected by the employee to be available, for collection at that place; or (g) while the employee was travelling between the employee's place of work and another place for the purpose of: (i) obtaining a medical certificate for the purposes of this Act; or (ii) receiving medical treatment for an injury; or (iii) undergoing a rehabilitation program provided under this Act; or (iv) undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or (h) while the employee was, at the direction or request of the Commonwealth or a licensee, at a place: (i) outside Australia and the external Territories; and (ii) declared by the Minister by legislative instrument to be a place to which this paragraph applies; or (i) while the employee was: (i) at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories; and (ii) a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies. (1A) For the purposes of this section: (a) a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; or (b) a journey to such a place of residence is taken to end at that boundary. (1B) If an employee owns or occupies a parcel of land contiguous with the land on which the employee's residence is situated, the boundary referred to in subsection (1A) is the external boundary of all of the contiguous parcels of land if treated as a single parcel. (1C) For the purposes of paragraph (1)(d), travel between the employee's residence and the employee's usual place of work is taken not to be at the direction or request of the Commonwealth or a licensee. (2) In paragraph (1)(d), the reference to the employee travelling does not include a reference to travelling to or from a place mentioned in paragraph (1)(e) or (f). (3) Subsection (1) does not apply where an employee sustains an injury: (a) while at a place referred to in that subsection; or (b) during an ordinary recess in his or her employment; if the employee sustained the injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury. 7 Provisions relating to diseases (1) Where: (a) an employee has suffered, or is suffering, from a disease or the death of an employee results from a disease; (b) the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and (c) the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth or a licensed corporation in employment of that kind; the employment in which the employee was so engaged shall, for the purposes of this Act, be taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established. (2) Where an employee contracts a disease, any employment in which he or she was engaged by the Commonwealth or a licensed corporation at any time before symptoms of the disease first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the contraction of the disease if the incidence of that disease among persons who have engaged in such employment is significantly greater than the incidence of the disease among persons who have engaged in other employment in the place where the employee is ordinarily employed. (3) Where an employee suffers an aggravation of a disease, any employment in which he or she was engaged by the Commonwealth or a licensed corporation at any time before symptoms of the aggravation first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the aggravation if the incidence of the aggravation of that disease among persons suffering from it who have engaged in such employment is significantly greater than the incidence of the aggravation of that disease among persons suffering from it who have engaged in other employment in the place where the employee was ordinarily employed. (4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when: (a) the employee first sought medical treatment for the disease, or aggravation; or (b) the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee; whichever happens first. (5) The death of an employee shall be taken, for the purposes of this Act, to have resulted from a disease or an aggravation of a disease, if, but for that disease or aggravation, as the case may be, the death of the employee would have occurred at a significantly later time. (6) An incapacity for work or impairment of an employee shall be taken, for the purposes of this Act, to have resulted from a disease, or an aggravation of a disease, if, but for that disease or aggravation, as the case may be: (a) the incapacity or impairment would not have occurred; (b) the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or (c) the extent of the incapacity or impairment would have been significantly less. (7) A disease suffered by an employee, or an aggravation of such a disease, shall not be taken to be an injury to the employee for the purposes of this Act if the employee has at any time, for purposes connected with his or her employment or proposed employment by the Commonwealth or a licensed corporation, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease. Diseases suffered by firefighters (8) If an employee: (a) suffers a disease mentioned in the following table; and (b) before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and (c) was exposed to the hazards of a fire scene during that period; and (d) in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer; the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established. Item Disease Qualifying period 1 Primary site brain cancer 5 years 2 Primary site bladder cancer 15 years 3 Primary site kidney cancer 15 years 4 Primary non‑Hodgkins lymphoma 15 years 5 Primary leukemia