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Safety, Rehabilitation and Compensation Act 1988 (Cth)

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Safety, Rehabilitation and Compensation Act 1988 (Cth) Image
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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 employ