Commonwealth: Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (Cth)

Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 Act No. 144 of 2001 as amended This compilation was prepared on 5 April 2006 [This Act was amended by Act No. 142 of 2001; No. 9 of 2006] Amendments from Act No. 142 of 2001 [Schedule 1 (item 116) amended heading to item 61 of Schedule 2 Schedule 1 (items 117 and 118) amended item 62 of Schedule 2 Schedule 1 (items 116–118) commenced on 1 October 2001] Amendment from Act No. 9 of 2006 [Schedule 2 (item 22) amended item 25 of Schedule 1 Schedule 2 (item 22) commenced immediately after 1 October 2001] Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendment of the Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 2—Amendment of the Safety, Rehabilitation and Compensation Act 1988 Part 2—Amendments relating to indexation of normal weekly earnings Part 3—Amendments relating to amount of compensation Part 4—Amendment relating to compensation for non‑economic loss in relation to certain injuries Part 5—Amendments relating to payment of compensation to persons aged over 63 Part 6—Amendments concerning rehabilitation program providers Part 7—Amendment relating to common law remedies for dependants of deceased employees Part 8—Amendments concerning licences to enable Commonwealth authorities and certain corporations to accept liability for, and determine, claims Part 9—Amendments concerning compensation payable for hearing loss Part 10—Amendments relating to premiums, special premiums and regulatory contributions Part 12—Other amendments Schedule 3—Amendment of other Acts Equal Opportunity for Women in the Workplace Act 1999 Income Tax Assessment Act 1936 National Occupational Health and Safety Commission Act 1985 Occupational Health and Safety (Commonwealth Employment) Act 1991 An Act to amend the Safety, Rehabilitation and Compensation Act 1988 and other legislation, and for other purposes [Assented to 1 October 2001] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001. 2 Commencement (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Subject to subsections (7) and (8), items 5, 6 and 7 of Schedule 1 and the items of Parts 6 and 8 of Schedule 2 commence on a day or days to be fixed by Proclamation. (3) Items 12, 13, 14, 24, 27, 28, 29, 30, 34, 44, 46, 47, 48, 55 and 57 of Schedule 1, items 90, 91 and 101 of Schedule 2, and items 2 and 6 to 11 of Schedule 3 commence 28 days after the day on which this Act receives the Royal Assent. (4) Part 3 of Schedule 2 commences immediately after the end of the period of 6 months after the day on which this Act receives the Royal Assent. (5) Part 10 of Schedule 2 commences on 1 July 2002. (6) Part 11 of Schedule 2 commences at whichever of the following times applies: (a) if Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence before, or at the same time as, item 26 of Schedule 2 to this Act—immediately after the commencement of that item; (b) if Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence after item 26 of Schedule 2 to this Act—the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence. Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001. (7) Subject to subsection (8), if an item of this Act referred to in subsection (2) does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that item commences on the first day after the end of that period. (8) If items 47 and 48 of Schedule 2 do not commence before 1 July 2002, they are taken to have been repealed on that day. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of the Industrial Chemicals (Notification and Assessment) Act 1989 1 Section 5 (definition of assessment report) Omit "or 68", insert ", 68 or 68A". 2 Section 5 (definition of Director) Repeal the definition, substitute: Director means the Director, National Industrial Chemicals Notification and Assessment Scheme, appointed under section 90. 3 Section 5 Insert: existing chemical means an industrial chemical other than a new industrial chemical. 4 Section 5 (definition of new synthetic polymer) Omit "a polymer" (wherever occurring), substitute "a synthetic polymer". 5 Section 5 Insert: prescribed reactant, in relation to a polyester, means a substance listed in the regulations as a prescribed reactant. 6 Section 5 (paragraph (a) of the definition of synthetic polymer of low concern) Repeal the paragraph, substitute: (a) either: (i) has a number average molecular weight, as defined by the regulations, that is greater than 1,000; or (ii) is a polyester made from prescribed reactants and whose molecules contain at least 2 carboxylic acid ester linkages, at least one of which links internal monomer units together; and 7 Transitional provision If, before the commencement of this item: (a) a person has applied for an assessment certificate in respect of a polyester that could, if the application had been made after the commencement of this item, have been assessed as a polymer of low concern; and (b) the assessment certificate has not yet been issued in respect of the polyester; then: (c) the application is to be treated, after the commencement of this item, as if it were an application for an assessment certificate in respect of the polyester as a polymer of low concern; and (d) to the extent that the fees paid in respect of the assessment of that polyester exceed the fees that would be payable in respect of an assessment of the polyester as a polymer of low concern, an amount equal to the amount of that excess must be refunded to the applicant. 8 At the end of section 11 Add: (3) If a chemical is included in the Inventory, the chemical may be imported into Australia, or manufactured in Australia, without obtaining an assessment certificate or permit. Note: Subsection (3) is not intended to be an exhaustive description of the effects or consequences of including a chemical in the Inventory. There may be other consequences, express or implied, because of other provisions of the Act. 9 Subsection 18A(1) Omit "subsection 19(5)", substitute "section 19". 10 Section 19 Repeal the section, substitute: 19 Transfer of industrial chemical from confidential section to non‑confidential section Definitions (1) In this section: decision not to transfer, in respect of a chemical in the confidential section, means: (a) a decision by the Director not to transfer that chemical to the non‑confidential section of the Inventory; or (b) if: (i) the Director decides to transfer the chemical to the non‑confidential section of the Inventory; and (ii) the holder of a confidence about the chemical applies to the Tribunal for a review of the Director's decision within 28 days after the making of the decision; and (iii) the Tribunal decides to revoke the Director's decision and substitute a decision not to so transfer the chemical; the Tribunal's decision. inclusion date, in respect of a chemical in the confidential section means: (a) unless paragraph (b) applies—the date of the chemical's inclusion in the confidential section; or (b) if, since the chemical's inclusion in the confidential section, a decision or decisions have been made not to transfer the chemical—the date of the decision or of the last such decision. Inclusion in confidential section to be reviewed every 5 years (2) An industrial chemical in the confidential section must be transferred to the non‑confidential section on the fifth anniversary of its inclusion date unless a decision not to transfer the chemical is made before that fifth anniversary. Notice of possible transfer (3) The Director must, for each chemical that is in the confidential section, notify each holder of a confidence about the chemical, in writing: (a) that the chemical will be transferred to the non‑confidential section unless a decision not to transfer the chemical is made; and (b) setting out the terms of this section. The Director must give the notice at least 3 months before the fifth anniversary of the inclusion date in respect of that chemical. Holder may state why chemical should not be transferred (4) A holder of a confidence about a chemical may, within 28 days after being given a notice under subsection (3), give the Director a written statement setting out the reasons why the chemical should not be transferred to the non‑confidential section. After receipt of statement Director must decide (5) If a statement is given under subsection (4), the Director must, not later than the fifth anniversary of the inclusion date in respect of the chemical, make a decision whether or not to transfer the chemical to the non‑confidential section. Director's decision not to transfer chemical (6) If, having regard to any statement made to the Director under this section by the holder of a confidence about a chemical, the Director is satisfied that: (a) the publication of some or all of the chemical's particulars could reasonably be expected to prejudice substantially the commercial interest of any holder of a confidence who gave such a statement; and (b) the prejudice outweighs the public interest in the publication of those particulars; the Director: (c) must decide not to transfer the chemical to the non‑confidential section; and (d) must give written notice of the decision to each holder of a confidence who gave such a statement. Director's decision to transfer (7) If, having regard to the statement or statements given to the Director, the Director is not satisfied as specified in subsection (6), the Director: (a) must give written notice of the decision to transfer the chemical to each holder of a confidence who made a statement to the Director; but (b) must delay the transfer: (i) unless subparagraph (ii) applies, for 28 days after giving the notice; and (ii) if the holder of a confidence applies during those 28 days to the Tribunal under section 102 for the review of the Director's decision—until the application to the Tribunal is finalised. 11 Transitional provision If, before the commencement of items 10, 52, 54 and 56 of this Schedule, the Director has given written notice to the holders of a confidence about a chemical under section 19 of the Industrial Chemicals (Notification and Assessment) Act 1989 as in force immediately before the commencement of those items, then, for the purposes of: (a) the Director's consideration of any statement received, whether before or after the commencement of those items, as a result of that notice; and (b) the Director's decision having regard to any statement so received; and (c) the implementation of the Director's decision and any possible review of that decision by the Tribunal; and (d) the liability of a person to pay any fees in respect of a statement given under that section; that Act continues to have affect as if those items had never been enacted. 12 Subsection 21(1) (penalty) Repeal the penalty, substitute: Penalty: 300 penalty units. 13 Subsection 21L(4) (penalty) Repeal the penalty, substitute: Penalty: 300 penalty units. 14 Subsection 21W(5) (penalty) Repeal the penalty, substitute: Penalty: 300 penalty units. 15 Subsection 31(2) Omit ", except in the case of a full public report of an assessment of a synthetic polymer of low concern,". 16 Subsection 34(2) Repeal the subsection. 17 Subsection 35(1) Omit "of an assessment of a chemical other than a synthetic polymer of low concern", substitute "about a chemical". 18 Section 36 Omit "(if any)". 19 Subsections 37(2) and 38(5) and (7) Omit "(if any)". 20 Subsection 40(1) Omit "a full report about a synthetic polymer of low concern has been published under subsection 34(2) or". 21 Subsection 40(8) Omit "(if any)". 22 Paragraphs 40G(1)(b) and (c) Omit "(if any)". 23 Transitional provision If a full public report has been published in the Chemical Gazette in respect of a synthetic polymer of low concern in accordance with subsection 34(2) of the Industrial Chemicals (Notification and Assessment) Act 1989 as in force before the date of commencement of items 16 and 17 of this Schedule, that publication is to be treated, on and after that day, as meeting the requirements of subsection 35(1) of that Act as amended by item 17. 24 Subsection 58(8) (penalty) Repeal the penalty, substitute: Penalty: 60 penalty units. 25 Subsection 60D(1) Omit "the assessment certificate for", substitute "assessment of". 26 Paragraphs 60E(6)(b) and 60F(5)(a) Omit "the assessment certificate for" (wherever occurring), substitute "assessment of". 27 Subsection 61(4) (penalty) Repeal the penalty, substitute: Penalty: 300 penalty units. 28 Subsection 61(5) (penalty) Repeal the penalty, substitute: Penalty: 240 penalty units. 29 Subsection 64(1) (penalty) Repeal the penalty, substitute: Penalty: 120 penalty units. 30 Subsection 64(2) (penalty) Repeal the penalty, substitute: Penalty: 120 penalty units. 31 Subsection 65(1) Omit "must", substitute "may". 32 Transitional provisions (1) If, before the commencement of item 31 of this Schedule: (a) the Director has, under subsection 65(1) of the Industrial Chemicals (Notification and Assessment) Act 1989, required the secondary notification of a chemical by persons to whom the notice applied; and (b) the period for secondary notification had not expired; then the Director may, by notice published in the Chemical Gazette or published in such other way as the Director considers appropriate, revoke the notice requiring secondary notification. (2) If, in accordance with subitem (1), the Director revokes the notice requiring secondary notification: (a) the Industrial Chemicals (Notification and Assessment) Act 1989 has effect as if the notice had never been published; and (b) any application received under section 66 of that Act is treated as if it had never been so received; and (c) if any fees have been paid in respect of the secondary notification, the Director must, on behalf of the Commonwealth, remit those fees. 33 At the end of section 65 Add: (7) If the Director requires the secondary notification of an industrial chemical by persons to whom a notice under subsection (1) or (2) applies, 2 or more of those persons may give a secondary notification of that chemical jointly. (8) If 2 or more persons give a joint secondary notification of an industrial chemical, those persons are jointly and severally liable for the fee prescribed under paragraph 110(1)(s) to be the fee in respect of a secondary notification. 34 Subsection 67(2) (penalty) Repeal the penalty, substitute: Penalty: 120 penalty units. 35 Subsections 68(1) and (2) Omit "a chemical", substitute "a new industrial chemical". 36 Subsection 68(3) Omit "A chemical", substitute "A new industrial chemical". 37 Subsection 68(4) Omit "a chemical", substitute "a new industrial chemical". 38 Subsection 68(5) After "an assessment", insert "of a new industrial chemical". 39 Subsections 68(6) and (7) After "assessment and report", insert "in relation to a new industrial chemical". 40 After section 68 Insert: 68A Assessment of existing chemicals of which secondary notification required (1) If a secondary notification of an existing chemical has been given, the Director must cause the chemical to be assessed in accordance with section 60A and a report of the assessment to be prepared. (2) If the secondary notification of an existing chemical is required but is not given by any person, the Director may cause the chemical to be assessed in accordance with section 60A and a report of the assessment to be prepared. (3) For the purposes of subsections (1) and (2), an assessment in accordance with section 60A is to be conducted as if the references in section 60A to a priority existing chemical were references to an existing chemical. (4) Sections 60B to 60F (inclusive) apply in relation to an assessment of, and report on, an existing chemical required by this section but do so as if: (a) any references in those provisions to a priority existing chemical were references to an existing chemical; and (b) any references in those provisions to the applicant for the assessment of the chemical were references to each person who gave secondary notification of the chemical; and (c) the reference in section 60E to a notice under section 58 were a reference to a notice under section 69. (5) Subject to subsection (6), an assessment of an existing chemical is to be made and a draft report of the assessment to be completed under section 60C within 6 months after the day on which the last information required for the assessment is received. (6) The Minister may extend the period for assessment and report in relation to an existing chemical by up to 6 months if it is not reasonably practicable for the assessment to be carried out thoroughly, and the report completed, within that period. (7) If the Minister extends the period for assessment and report in relation to an existing chemical, the Minister is required to notify each applicant for the assessment of the extension immediately. Note: The heading to section 68 is altered by inserting "new industrial" after "Assessment of". 41 Transitional provision If: (a) a secondary notification of an existing chemical has been given; and (b) the Director has commenced the assessment of the chemical in accordance with the terms of section 68 of the Industrial Chemicals (Notification and Assessment) Act 1989 before the commencement of items 35 to 39 of this Schedule; the assessment is to continue as if the amendment of that Act made by those items had not yet come into effect. 42 Subsection 69(1) Repeal the subsection, substitute: (1) For the purpose of assessing a new industrial chemical under section 68, or an existing chemical under section 68A, the Director may, by notice in the Chemical Gazette, require: (a) all persons who introduced the chemical; or (b) specified persons who introduced the chemical; or (c) specified persons who the Director considers have relevant information; but who are not required to give secondary notification of the chemical, to provide the Director in writing the information about the chemical that is specified in the notice, being particulars about a matter relating to the circumstances because of which the notification is required. 43 Transitional provision If the Director has given a notice under subsection 69(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 and that notice is in force immediately before the commencement of item 42 of this Schedule, that notice has effect, on and after the commencement of that item, as if it had been given by the Director under subsection 69(1) of that Act as amended by that item. 44 Subsection 69(4) (penalty) Repeal the penalty, substitute: Penalty: 60 penalty units. 45 Paragraph 70(1)(a) After "certificate for a", insert "new industrial". 46 Section 81 (penalty) Repeal the penalty, substitute: Penalty: 30 penalty units. 47 Section 85 (penalty) Repeal the penalty, substitute: Penalty: 1 penalty unit. 48 Subsection 88(3) (penalty) Repeal the penalty, substitute: Penalty: 30 penalty units. 49 Subsection 90(1) Repeal the subsection, substitute: (1) There is to be a Director, National Industrial Chemicals Notification and Assessment Scheme, who is to be appointed by the Governor‑General. 50 Transitional provision Despite the repeal and substitution of subsection 90(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 by item 49 of this Schedule: (a) the person holding office as the Director of Chemicals Notification and Assessment immediately before the commencement of that item continues to hold office, on and after the commencement of that item, as if the person had been appointed under section 90 of that Act as amended by that item, for the remainder of the term of the person's appointment, as Director, National Industrial Chemicals Notification and Assessment Scheme; and (b) any act or thing done, any decision made, or any document executed by, or relating to, the Director of Chemicals Notification and Assessment is to be treated, on and after the commencement of that item, as if it were an act or thing done, a decision made, or a document that had been executed by, or relating to, the Director, National Industrial Chemicals Notification and Assessment Scheme. 51 Paragraph 102(1)(a) Omit "or 68(6)", substitute ", 68(6) or 68A(5)". 52 Paragraph 102(1)(b) Omit "19(9)", substitute "19(7)". 53 Paragraph 102(1)(b) Omit "65(2)", substitute "65(1) or (2)". 54 Section 104A Omit "19(8) or (9)", substitute "19(6) or (7)". 55 Subsection 106(5) (penalty) Omit "$30,000", substitute "300 penalty units" 56 Paragraph 110(1)(caaa) Omit "19(6)", substitute "19(4)". 57 Paragraph 111(e) Repeal the paragraph, substitute: (e) prescribing penalties not exceeding, in the case of a natural person, a fine of 10 penalty units and, in the case of a body corporate, a fine of 50 penalty units for offences under the regulations. Schedule 2—Amendment of the Safety, Rehabilitation and Compensation Act 1988 Part 2—Amendments relating to indexation of normal weekly earnings 13 Subsection 8(9) Repeal the subsection, substitute: (9) The normal weekly earnings of an employee before the date of the employee's injury, as calculated under the preceding subsections, must, while the employee continues to be employed by the Commonwealth or a licensed corporation, be increased or reduced by the relevant percentage. (9A) For the purposes of subsection (9), relevant percentage means the same percentage as the percentage of increase or reduction in the minimum amount per week payable in respect of employees included in a class of employees of which the employee was a member at the date of the injury as a result of: (a) the operation of a law of the Commonwealth or of a State or Territory; or (b) the making, alteration or operation of an award, order, determination or industrial agreement or the doing of any other act or thing, under such a law. (9B) The normal weekly earnings of an employee before injury, as calculated under subsections (1) to (8) and as increased or reduced under subsection (9) must, if the employee has ceased, or ceases, to be employed by the Commonwealth or a licensed corporation, be further increased, with effect from each indexation date in relation to that cessation, by reference to the percentage of increase (if any) of an index that is prescribed for the purposes of this subsection over the year ending on the 31 December preceding each such indexation date. (9C) For the purpose of subsection (9B), the indexation date, in relation to a cessation of employment, is: (a) the 1 July next following: (i) the date on which this Act receives the Royal Assent; or (ii) the date of that cessation of employment; whichever last occurs; and (b) each subsequent 1 July. (9D) For the purpose of subsection (9B), the regulations may specify the manner of calculating the further increase referred to in that subsection by reference to the movement of the index that is prescribed for the purposes of that subsection. Part 3—Amendments relating to amount of compensation 14 Subsection 19(2) Repeal the subsection, substitute: (2) Subject to this Part, Comcare is liable to pay to the employee in respect of the injury, for each week that is a maximum rate compensation week during which the employee is incapacitated, an amount of compensation worked out using the formula: where: AE is the greater of the following amounts: (a) the amount per week (if any) that the employee is able to earn in suitable employment; (b) the amount per week (if any) that the employee earns from any employment (including self‑employment) that is undertaken by the employee during that week. NWE is the amount of the employee's normal weekly earnings. (2A) For the purposes of subsection (2), a week is a maximum rate compensation week, in relation to an employee to whom this section applies, if: (a) it is a week during which the employee's incapacity prevents the employee working the employee's normal weekly hours because the employee is unable to work or unable to work at the level at which the employee worked before the injury; and (b) the total number of hours that the employee has been prevented from working, or working at that level, during that incapacity, in that week and in all previous weeks, if any, to which paragraph (a) applies, does not exceed 45 times the employee's normal weekly hours. (2B) If, before the end of a particular week, the total of the hours that the employee has been prevented from working, or working at that level, in that week and in previous weeks, will exceed the total number of hours worked out in accordance with paragraph (2A)(b), then: (a) subsection (2) applies in respect of the part of the week before that total number of hours is exceeded in accordance with subsection (2C); and (b) subsection (3) applies in respect of the remainder of the week in accordance with subsection (2D). (2C) For the purposes of paragraph (2B)(a), the compensation payable in respect of the part of the week to which that paragraph refers is an amount worked out using the formula: where: AE applies in relation to the whole of that particular week and has the same meaning as in subsection (2). NWE is the amount of the employee's normal weekly earnings. NWH means the number of normal weekly hours worked by the employee before his or her injury. X is the total of the hours in that particular week: (a) that would have counted towards the employee's normal weekly hours (whether those hours are worked or not); and (b) that elapse before the total number of hours worked out in accordance with paragraph (2A)(b) exceeds 45 times the employee's normal weekly hours. (2D) For the purposes of paragraph (2B)(b), the compensation payable in respect of the part of the week to which that paragraph refers is worked out using the formula: where: NWH means the number of normal weekly hours worked by the employee before his or her incapacity. reduced rate compensation entitlement is the rate of compensation that would have been applicable for the whole week had subsection (3) applied throughout the whole week. X is the total of the hours in that particular week: (a) that would have counted towards the employee's normal weekly hours (whether those hours are worked or not); and (b) that elapse before the total number of hours worked out in accordance with paragraph (2A)(b) exceeds 45 times the employee's normal weekly hours. 15 Subsection 19(3) Repeal the subsection, substitute: (3) Subject to this Part, Comcare is liable to pay compensation to the employee, in respect of the injury, for each week during which the employee is incapacitated, other than a week referred to in subsection (2), of an amount calculated using the formula: where: adjustment percentage is a percentage equal to: (a) if the employee is not employed during that week—75%; or (b) if the employee is employed for 25% or less of his or her normal weekly hours during that week—80%; or (c) if the employee is employed for more than 25% but not more than 50% of his or her normal weekly hours during that week—85%; or (d) if the employee is employed for more than 50% but not more than 75% of his or her normal weekly hours during that week—90%; or (e) if the employee is employed for more than 75% but less than 100% of his or her normal weekly hours during that week—95%; or (f) if the employee is employed for 100% of his or her normal weekly hours during that week—100%. AE applies in relation to the whole of that particular week and has the same meaning as in subsection (2). NWE is the amount of the employee's normal weekly earnings. 16 Paragraph 19(4)(a) After "employment" (first occurring), insert "(including self‑employment"). 17 Subsection 132A(1) Repeal the subsection, substitute: (1) This section applies to a former employee who: (a) on the commencing day, was under 65; and (b) is capable of engaging in any work. Note: The heading to section 132A is replaced by the heading "Former employees under 65 who are capable of engaging in any work". 18 Paragraph 132A(2)(a) Repeal the paragraph, substitute: (a) the amount of compensation per week that would have been payable under section 131 if that section had applied to the former employee, less an amount that is the greater of the following amounts: (i) the amount per week (if any) that the employee is able to earn in suitable employment; (ii) the amount per week (if any) that the employee earns from any employment (including self‑employment) that is undertaken by the employee during that week; or 19 Paragraph 132A(3)(a) Repeal the paragraph, substitute: (a) the amount of compensation per week that would have been payable under section 132 if that section had applied to the former employee, less an amount that is the greater of the following amounts: (i) the amount per week (if any) that the employee is able to earn in suitable employment; (ii) the amount per week (if any) that the employee earns from any employment (including self‑employment) that is undertaken by the employee during that week; or 20 Application The amendments made by this Part have effect only in respect of determinations in relation to compensation that are made after the end of the period of 6 months after the day on which this Act receives the Royal Assent. Part 4—Amendment relating to compensation for non‑economic loss in relation to certain injuries 21 At the end of section 27 Add: (3) This section does not apply in relation to a permanent impairment commencing before 1 December 1988 unless an application for compensation for non‑economic loss in relation to that impairment has been made before the date of introduction of the Bill for the Act that inserted this subsection. Part 5—Amendments relating to payment of compensation to persons aged over 63 22 Subsection 23(1) Omit "a person", substitute "an employee". 23 Subsection 23(1A) Omit "APS". 24 Subsection 30(3) (definition of n) Repeal the definition, substitute: n means the number worked out using the formula: where: number of days means the number of days in the period beginning on the day after the day on which the determination is made and ending: (a) if the employee is injured before reaching 63 years of age—on the day immediately before the day on which the employee reaches 65 years of age; and (b) if the employee is injured on or after reaching 63 years of age—on the day immediately before the employee would cease to be entitled to receive compensation under section 19, 20, 21 or 21A of this Act. 25 Application The amendments made by items 22, 23 and 24 have effect only in relation to employees: (a) who are injured after the day on which this Act receives the Royal Assent; or (b) who, on that day: (i) have reached 63 years of age; and (ii) are receiving compensation under section 19, 20, 21, 21A or 22 of the Safety, Rehabilitation and Compensation Act 1988 or are eligible to apply for such compensation. Part 6—Amendments concerning rehabilitation program providers 25A Subsection 4(1) (definition of approved program provider) Repeal the definition, substitute: 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. 26 Section 34 Repeal the section, substitute: Division 1—Preliminary 34 Definitions In this Part: principal, in relation to an applicant for approval as a rehabilitation program provider or for renewal of such an approval, means: (a) if the applicant is a partnership—any of the partners; and (b) if the applicant is a company—any of the directors of the company and, if the person responsible for the day to day running of the company is not a director, also that person. renewal date means: (a) a date occurring not later than 12 months after this Act receives the Royal Assent that is determined, in writing, by the Minister to be the first renewal date; and (b) the dates occurring, at intervals prescribed for the purposes of this paragraph, after the date determined to be the first renewal date. Division 2—Approved rehabilitation program providers 34A How this Part applies to partnerships (1) A partnership may apply for approval as, or for renewal of approval as, a rehabilitation program provider as if the partnership were a person. (2) If the partnership so applies, this Part applies subject to the changes set out in subsections (3), (4), (5) and (6), to and in relation to: (a) that application; and (b) if the application is approved—the operations of the partnership as a rehabilitation program provider. (3) If this Part would otherwise require or permit something to be done by the partnership in relation to its application for approval or renewal of approval as, or its operation as, a rehabilitation program provider, the thing may be done by one or more of the partners on behalf of the partnership. (4) If, under this Part, a document is given, in accordance with section 28A of the Acts Interpretation Act 1901, to a partner of a partnership in relation to its application for approval or renewal of approval as, or its operation as, a rehabilitation program provider, the document is taken to have been given to the partnership. (5) An obligation that would otherwise be imposed upon a partnership in relation to its application for approval or renewal of approval as, or its operation as, a rehabilitation program provider by a provision of this Part: (a) is imposed on each partner instead; but (b) may be discharged by any of the partners. (6) The partners are jointly and severally liable to pay any fee that would otherwise be payable by the partnership under a provision of this Part in relation to its application for approval or renewal of approval as, or its operation as, a rehabilitation program provider. (7) For the purposes of this Part, a change in the composition of a partnership does not affect the continuity of the partnership: (a) as an applicant for approval or renewal of approval as a rehabilitation program provider; or (b) as a provider of rehabilitation programs. 34B Persons may seek approval as rehabilitation program providers A person may apply to Comcare for approval as a rehabilitation program provider. 34C Applications for initial approval (1) An application for initial approval of a person as a rehabilitation program provider must: (a) be in writing in the approved form; and (b) identify the applicant and, if the applicant is not an individual, also identify the persons who are, at the time of the application: (i) the principals of the applicant; and (ii) employees of the applicant who will participate in the provision of rehabilitation services under this Act; and (c) contain such information relating to: (i) the criteria in force under section 34D; and (ii) operational standards in force under section 34E; and (iii) such other matters; as the approved form specifies. Note: For meaning of approved form see section 34S. (2) Applications must be accompanied by the prescribed fee for processing the application. (3) If Comcare receives an application that meets the requirements of subsection (1) and is paid the prescribed fee, it is required to process the application within 6 months of receiving it. (4) If Comcare gives an applicant notice under section 34N requiring the production of further information, the period from the giving of that notice to the production of that information is to be disregarded. 34D Comcare to establish criteria for approval, or renewal of approval, of persons as rehabilitation program providers (1) Comcare must, by instrument in writing, determine the criteria to be met by persons applying: (a) under section 34B for approval as rehabilitation program providers; or (b) under subsection 34J(1) for renewal of such an approval. (2) Without limiting the generality of subsection (1), the criteria must include: (a) matters relating to the qualifications of the applicant and, if the applicant is not an individual, of the principals and employees of the applicant; and (b) matters relating to the probity, and the financial arrangements, of the applicant; and (c) if the applicant is not an individual—matters relating to the probity of the principals and employees of the applicant. (3) Criteria determined under subsection (1), and any variation of those criteria that is made from time to time, must be published in the Gazette. 34E Comcare to establish operational standards for rehabilitation program providers (1) Comcare must, by instrument in writing, determine operational standards to be complied with by all persons who are approved as rehabilitation program providers under subsection 34F(1). (2) Without limiting the generality of subsection (1), the standards must include: (a) standards relating to effectiveness, availability and cost that the person is required to meet and to maintain in the provision of rehabilitation services as an approved rehabilitation program provider; and (b) such other standards as Comcare considers appropriate concerning the operation of the person as an approved rehabilitation program provider. (3) Standards established under subsection (2), and any variation of those standards that is made from time to time, must be published in the Gazette. (4) Comcare may only vary standards with effect from a renewal date but must publish the standards as proposed to be so varied, at least 6 months before the renewal date when they take effect. 34F The initial approval decision (1) If Comcare is satisfied that an applicant for approval as a rehabilitation program provider, having regard to information in the application and to any further information that is supplied to Comcare under section 34N: (a) meets the criteria for approval as a rehabilitation program provider in force under section 34D; and (b) is likely to be able to comply with the operational standards presently in force; and (c) if the applicant is making an application within 6 months of the next renewal date—is also likely to be able to comply with the operational standards that will be in force with effect from that renewal date; Comcare must: (d) approve the applicant as a rehabilitation program provider; and (e) inform the applicant, by written notice, of its decision. (2) If Comcare is not so satisfied, it must: (a) refuse to approve the applicant as a rehabilitation program provider; and (b) inform the applicant, by written notice, of its decision and of the reasons for that decision. 34G Duration of initial approval given on application If Comcare approves a person as a rehabilitation program provider after consideration of an application, the initial approval of the person as a rehabilitation program provider: (a) comes into force on the date (the starting date) on which the application is determined or any such later date as is specified in the determination; and (b) subject to section 34Q, remains in force: (i) if the starting date occurs not less than 6 months before the renewal date next following the starting date—until the end of the day immediately before that renewal date; and (ii) if the starting date occurs less than 6 months before the renewal date next following the starting date—until the end of the day immediately before the second renewal date following the starting date. 34H Comcare may also approve persons as rehabilitation program providers on its own initiative (1) Comcare may, in any circumstance where it considers that the urgent need for the provision of rehabilitation services makes it appropriate, also approve a person as a rehabilitation program provider on its own initiative. (2) Such an approval may be given despite the fact that: (a) the person approved has not applied under section 34B for approval as a rehabilitation program provider; or (b) if the person has so applied—Comcare has not, at the time of the approval, satisfied itself that the person approved meets the criteria for approval as a rehabilitation program provider in force under section 34D. (3) An approval under this section is for such period as Comcare specifies in the instrument of approval only and is not able to be renewed. (4) Nothing in subsection (3) prevents Comcare from extending the approval period specified under that subsection or specified under that subsection and previously extended under this subsection. (5) Nothing in this section prevents a person approved as a rehabilitation program provider under this section from: (a) making an application under section 34B as a rehabilitation program provider; or (b) continuing an application under section 34B already made but not fully considered at the time of the approval under this section. (6) If such an application is granted, the approval under this section is taken to have been revoked with effect from the grant. (7) An approval under this section is subject to such conditions as Comcare specifies in the instrument of approval. 34J Persons may seek renewal of approval as rehabilitation program providers in certain circumstances (1) A person who is a rehabilitation program provider approved under section 34F may apply to Comcare for renewal of the person's approval as a rehabilitation program provider. (2) Subject to subsection (3), an application for renewal must be made not less than 6 months before the end of an approval period. (3) The Chief Executive Officer may, in exceptional circumstances, permit an application for renewal to be made less than 6 months before the end of an approval period. (4) In this section: approval period means the period: (a) of the initial approval; or (b) if that approval has been renewed under section 34L—of the approval as last renewed. 34K The renewal application (1) An application for renewal of a person as a rehabilitation program provider must: (a) be in writing in the approved form; and (b) identify the applicant and, if the applicant is not an individual, also identify the persons who are, at the time of the application: (i) the principals of the applicant; and (ii) employees of the applicant who will participate in the provision of rehabilitation services under this Act; and (c) contain such information relating to: (i) the criteria in force under section 34D; and (ii) operational standards in force under section 34E and those standards that will have effect from the renewal date; and (iii) such other matters as the approved form specifies. Note: For meaning of approved form see section 34S. (2) All applications for renewal must be accompanied by the prescribed fee for processing the application. (3) If Comcare receives an application that meets the requirements of subsection (1) and is paid the prescribed fee, it is required to process the application within 6 months of receiving it. (4) If Comcare has given an applicant notice under section 34N requiring the production of further information, the period from the giving of that notice to the production of that information is to be disregarded. 34L The renewal decision (1) If Comcare is satisfied, having regard to the information in the renewal application and to any further information that is supplied to Comcare under section 34N, that the applicant: (a) meets the criteria established in force under section 34D; and (b) has demonstrated compliance with the operational standards in force under section 34E since the applicant was initially approved or last renewed; and (c) is likely to be able to meet the operational standards in force under section 34E with effect from the renewal date; Comcare must: (d) renew the approval of the applicant as a rehabilitation program provider; and (e) inform the applicant, by written notice, of its decision. (2) If Comcare is not so satisfied, it must: (a) refuse to renew the applicant's approval; and (b) inform the applicant, by written notice, of its decision and of the reasons for that decision. 34M Duration of renewal of approval If Comcare renews the approval of a person as an approved rehabilitation program provider, the renewal: (a) comes into force on the day following the end of the previous approval period; and (b) subject to section 34Q, remains in force until the end of the day immediately before the next following renewal date. 34N Further information may be required of applicants (1) If, having regard to the material provided in an application for initial approval or in an application for renewal, Comcare is of the opinion that further information is required from the applicant, Comcare may give a written notice to the applicant: (a) setting out the nature of the further information required; and (b) requiring it to be supplied within a period specified in the notice. (2) Pending the provision of the further information required, the processing of the application is suspended. (3) If the information is not supplied within the period specified in the notice requesting it, the application is taken to have been withdrawn. 34P Initial approval or renewal is subject to conditions The approval of a person as a rehabilitation program provider under section 34F, and the renewal of that approval under section 34L, is subject to: (a) the condition that the provider comply with the standards in force under section 34E; and (b) such conditions as Comcare specifies in the instrument of approval or renewal in relation to notification to Comcare: (i) if the provider is not an individual—of any change in the identity of the principals and employees of the provider; and (ii) of any matter that, if the provider were not already approved, would affect the capacity of the provider to meet the particular criteria for approval as an approved rehabilitation program provider in force from time to time under section 34D; and (iii) of any matter that affects the compliance, or the capacity for compliance, of the provider with the operational standards in force at the time; and (c) any other conditions specified in the instrument of approval or renewal as Comcare considers appropriate. 34Q Revocation of approval If, at any time, Comcare is satisfied, in relation to an approved rehabilitation program provider, that: (a) the provider has failed to comply with the conditions to which the provider's approval is subject under section 34P; or (b) were the provider to be applying for approval at that time, Comcare would not approve the provider; Comcare may, by written notice, revoke the approval with effect from a date specified in the notice. 34R Review of decisions (1) The following decisions are reviewable by the Administrative Appeals Tribunal: (a) a decision to refuse an application for approval of a person as a rehabilitation program provider; (b) a decision to refuse an application for renewal of the approval of a person as a rehabilitation program provider; (c) a decision to revoke an approval of a person as a rehabilitation program provider; (d) a decision to impose particular conditions under paragraph 34P(c) on the grant of an approval of a person as a rehabilitation program provider. (2) In subsection (1): decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975. 34S Approved forms (1) In this Division a reference to an approved form is a reference to a form that is approved, by instrument in writing, by Comcare. (2) The instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. 27 Before section 35 Insert: Division 3—Rehabilitation programs 27A Subsection 37(2) Repeal the subsection, substitute: (2) A rehabilitation authority must not make arrangements for the provision of a rehabilitation program to its employees other than by an approved program provider. 28 Saving provision If, by instrument in writing, Comcare had approved a person who provides rehabilitation programs under section 34 of the Safety, Rehabilitation and Compensation Act 1988 as in force immediately before the commencement of this item: (a) that approval continues in force, on and after that date, until the next following renewal date, subject to and in accordance with the terms on which the approval was granted, as if section 34 of that Act had not been repealed; but (b) if the person wishes to seek renewal of the approval, the person must seek that approval in accordance with the operational standards established under section 34E and having effect from that next following renewal date. Part 7—Amendment relating to common law remedies for dependants of deceased employees 29 At the end of section 44 Add: (3) If: (a) an employee has suffered an injury in the course of his or her employment; and (b) that injury results in that employee's death; subsection (1) does not prevent a dependant of that employee bringing an action against the Commonwealth, a Commonwealth authority, a licensed corporation or another employee in respect of the death of the first‑mentioned employee. (4) Subsection (3) applies whether or not the deceased employee, before his or her death, had made an election under subsection 45(1). Part 8—Amendments concerning licences to enable Commonwealth authorities and certain corporations to accept liability for, and determine, claims 30 Subsection 4(1) (definition of corporation) Omit "Part VIIIB", substitute "Part VIII". 31 Subsection 4(1) (definition of eligible corporation) Repeal the definition , substitute: eligible corporation, in Part VIII, means a corporation in respect of which a declaration is in force under section 100. 32 Subsection 4(1) (definition of licence) Omit "Part VIIIA or VIIIB", substitute "Part VIII". 33 Subsection 4(1) (definition of licensed corporation) Omit "Part VIIIB", substitute "Part VIII". 34 Subsection 4(1) Insert: licensee means a Commonwealth authority or a corporation that is licensed, or that is taken to be licensed, under Part VIII. 35 Subsection 4(1) (paragraphs (a) and (aa) of the definition of relevant authority) Repeal the paragraphs, substitute: (a) in relation to an employee who is employed by a licensee—the licensee; and 36 Subsection 28(4) Omit "licensed authority, a licensed corporation", substitute "licensee". 37 Section 41A Repeal the section, substitute: 41A Delegation by rehabilitation authority A rehabilitation authority who is: (a) the principal officer of an Entity; or (b) the principal officer of a Commonwealth authority in respect of which a licence is not in force under Part VIII; or (c) the principal officer of a licensee; may, in writing, delegate to an officer of, or a person employed by, that Entity, authority or licensee all or any of the powers and functions of the rehabilitation authority under this Part. 38 Subsections 60(2) and (3) Repeal the subsections, substitute: (2) For the purposes of this Part, the parties to proceedings instituted under this Part are: (a) the applicant; and (b) if the applicant is not the claimant—the claimant; and (c) the body responsible for the reviewable decision. (3) For the purposes of subsection (2), the body responsible for the reviewable decision is: (a) if Comcare made the reviewable decision—Comcare; and (b) if the reviewable decision has been made by or on behalf of a licensee—the licensee. (4) Subsection (2) has effect subject to Part VIII. 39 Paragraphs 62(2)(c), (d), (e) and (f) Repeal the paragraphs, substitute: (c) if the determination affects a Commonwealth authority—that Commonwealth authority. 40 After subsection 62(2) Insert: (2A) If a determining authority holds a licence under Part VIII that is subject to conditions requiring the determining authority to arrange for the reconsideration by another person of any determination made by the determining authority, nothing in subsection (1) or (2) is to be taken to derogate from that requirement. 41 Paragraphs 64(1)(c) to (h) (inclusive) Repeal the paragraphs, substitute: (c) if the decision affects a Commonwealth authority—the Commonwealth authority; or (d) if the decision affects a corporation that holds a licence under Part VIII—the licensed corporation. 42 Subsection 64(2) Repeal the subsection. 43 Subsection 67(1A) Repeal the subsection, substitute: (1A) In this section, responsible authority, in relation to a determination, means: (a) if the determination affected the Commonwealth or a Commonwealth authority other than a licensed authority—Comcare; and (b) if the determination affected a Commonwealth authority, or a corporation, that holds a licence under Part VIII authorising acceptance of liability for claims in respect of which the determination is made—that authority or corporation; and (c) if the determination affected a Commonwealth authority that holds a licence under Part VIII but the licence does not authorise acceptance of liability for claims in respect of which the determination is made—Comcare. 44 Subsection 70B(2) Omit "Part VIIIB", substitute "Part VIII". 45 Subsection 73A(2A) Repeal the subsection, substitute: (2A) The Commission may prepare and issue to the principal officer of a licensed corporation written general policy guidelines in relation to the operation of this Act to the extent that the Act confers functions or powers on the licensed corporation. 46 Paragraph 89E(1)(d) Omit "licensed authorities", substitute "licensees". 47 Subsection 96A(2) (paragraph (a) of the definition of Estimated liability) Omit "Part VIIIA", substitute "Part VIII". 48 Subsection 96A(2) (paragraph (a) of the definition of Estimated administrative costs) Omit "Part VIIIA", substitute "Part VIII". 49 Parts VIIIA and VIIIB Repeal the Parts, substitute: 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 (1) This Part enables the Commission to grant licences to Commonwealth authorities or eligible corporations. (2) If a licence is granted to a Commonwealth authority, this Act continues to apply in relation to employees of the authority but, depending on the scope of the licence, the application of this Act is subject to either or both of the following: (a) the acceptance by the authority of the whole or a part of the liability under this Act for payments in respect of injury, loss or damage suffered by, or the death of, some or all of its employees; (b) the acceptance by the authority of the responsibility for managing certain claims under this Act in respect of injury, loss or damage suffered by, or the death of, some or all of its employees. (3) If a licence is granted to an eligible corporation, this Act applies in relation to some or all of the employees of the corporation in a similar way to the way in which it applies to employees of the Commonwealth but the application is subject to: (a) the acceptance by the corporation of the whole or a part of the liability under this Act for payments in respect of injury, loss or damage suffered by, or the death of, those employees; and (b) the acceptance by the corporation of the function of managing claims under this Act in respect of that injury, loss, damage or death. (4) If a licence is granted to a Commonwealth authority or to a corporation, the application of this Act is also subject to the conditions to which the licence is subject. 99 Definitions In this Part: claim includes a request. determination includes a decision or requirement. eligible corporation means a corporation that is declared by the Minister to be an eligible corporation under section 100. eligible applicant means a Commonwealth authority or an eligible corporation. manage, in relation to a claim for payment of compensation or other amounts under this Act, includes determination of the claim, reconsideration of the determination, and any subsequent administrative action in relation to the claim as so determined. variation, in relation to the conditions to which a licence is subject, includes the addition of a new condition, an alteration to an existing condition or the omission of an existing condition. 100 Minister may declare a corporation eligible to be granted a licence under this Part If the Minister is satisfied that it would be desirable for this Act to apply to employees of a corporation that: (a) is, but is about to cease to be, a Commonwealth authority; or (b) was previously a Commonwealth authority; or (c) is carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority; the Minister may, by notice in writing, declare the corporation to be eligible to be granted a licence under this Part. 101 Ministerial directions concerning licences (1) The Minister's power to give directions to the Commission under section 89D extends to directions concerning any matter relating to the grant of licences under this Part. Without limiting the matters the directions may deal with, the Minister may give directions concerning: (a) criteria and procedures for the grant of such licences; or (b) the scope of licences and the conditions to which licences having a particular scope may be expressed to be subject; or (c) the exercise by the Commission of the power to vary the conditions to which such licences are subject; or (d) criteria and procedures for the extension, suspension or revocation of such licences or for varying the scope of such licences; or (e) publication of notices about any grant, extension, suspension or revocation of such licences or for varying the scope of such licences or the conditions to which they are subject; or (f) requirements to be observed by the Commission in relation to the keeping of records, and the periodic reporting of particulars, in relation to such licences. (2) Directions given by the Minister to the Commission under section 89D concerning licences: (a) must be published in the Gazette; and (b) do not take effect until they are so published; and (c) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. Note: Criteria for the grant of a licence may address issues relating not only to the licence applied for but also to other licences that have been granted or that are being sought. Division 2—Powers of the Commission in relation to licences 102 Application for grant of a licence (1) An application by an eligible applicant for the grant of a licence must: (a) be in writing in the prescribed form; and (b) contain such particulars of the eligible applicant as the regulations prescribe; and (c) having regard to the scope of the licence sought—contain such other information, and be accompanied by such documents, as the regulations provide; and (d) be lodged with the Commission. (2) The eligible applicant is liable to pay to Comcare in respect of the application an application fee equal to the amount estimated by the Commission to be the cost of considering the application. (3) The Commission is to give written notice to the eligible applicant of the amount of the application fee and: (a) if the notice is given before the application is made—the application fee is to accompany the application; or (b) otherwise—the application fee is to be paid as soon as practicable after the notice is given. (4) An eligible applicant may withdraw an application at any time before a decision is made on the application. (5) If the application is withdrawn after receipt by Comcare of the application fee, the Commission may, depending upon the extent to which it has already considered the application: (a) request Comcare to refund the application fee entirely; or (b) reduce the application fee by such amount as it considers reasonable having regard to the extent of that consideration and request Comcare to refund the amount of the reduction. (6) For the purpose of subsection (5), the reference to the extent of the Commission's consideration of an application includes a reference to any act or thing done by Comcare to assist the Commission in that consideration. 103 The Commission's power to grant licences (1) The Commission may, on application made in accordance with section 102, grant the eligible applicant a licence for a specified period. (2) If the Commission grants a licence to an eligible applicant, the Commission must determine: (a) in accordance with Division 3—the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee may accept liability for compensation; and (b) in accordance with Division 4—the scope of the licence so far as concerns the degree to which, and the circumstances in which, the licensee is authorised to manage claims; and (c) in accordance with Division 5—the conditions (if any) to which the grant of the licence is subject. 104 Licence decision (1) If the Commission considers, having regard to: (a) the information contained in an application received by it; and (b) any further information that is provided to the Commission by the applicant for the purpose of enabling consideration of the application; and (c) any other matter that the Commission considers relevant; that it is appropriate to do so, the Commission may grant the licence sought. On granting the licence, the Commission must, by written notice given to the applicant, inform the applicant of its decision. (2) In order for the Commission to be satisfied, for the purposes of subsection (1), that it is appropriate to grant an applicant the licence sought, the Commission must be satisfied that: (a) the applicant has sufficient resources to fulfil the responsibilities imposed on it under the licence; and (b) the applicant has the capacity to ensure (where the scope of the licence so provides) that claims that are to be managed either by the licensee, or by another person identified in the licence on the licensee's behalf, will be managed in accordance with standards set by the Commission for the management of claims; and (c) the grant of the licence will not be contrary to the interests of the employees of the licensee whose affairs fall within the scope of the licence; and (d) the applicant has the capacity to meet the standards set by the Commission for the rehabilitation and occupational health and safety of its employees. (3) If the Commission does not consider it appropriate to grant the applicant the licence sought, it must, by written notice given to the applicant, inform the applicant that it has decided to refuse the application and provide reasons for its decision. (4) Nothing in subsection (3) prevents the Commission, with the written agreement of the applicant, granting the applicant a licence having a different scope to the licence sought by the applicant. 104A Licence fees (1) At the date of commencement of a licence, and at each 1 July after that date, while the licence is in force, the licensee becomes liable to pay a licence fee in respect of the holding or continued holding of the licence. (2) The amount of the licence fee is the amount notified in writing to the licensee by the Commission, being the amount estimated by the Commission to represent: (a) that part of the cost incurred by the Commission and by Comcare in carrying out their respective functions under this Act (other than the function referred to in paragraph 69(ec)) during the relevant period that is reasonably referrable to the licensee; and (b) so far as co