Parliamentary Injury Compensation Scheme Instrument 2016 (Cth)

Parliamentary Injury Compensation Scheme Instrument 2016 I, Mathias Cormann, Minister for Finance, make the following instrument.

Dated 29 April 2016

Mathias Cormann Minister for Finance

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Parliamentary injury compensation scheme 5 Definitions 6 References to members and the Prime Minister's spouse 7 Family relationships 8 Definition of injury 9 Definition of disease 10 Injury arising out of or in the course of covered activities 11 Injuries suffered by covered persons 12 Injuries etc. resulting from medical treatment 13 Incapacity for work 14 Serious and wilful misconduct 15 Normal weekly earnings—members 16 Normal weekly earnings—Prime Minister's spouse 17 Relevant period—Prime Minister's spouse 18 Recovery of damages 19 Liability of the Commonwealth 20 Amounts of compensation 21 Indexation—Consumer Price Index 22 Indexation—Wage Price Index Part 2—Compensation Division 1—Injuries, property loss or damage, medical expenses 23 Compensation for injuries 24 Compensation for loss of or damage to property used by covered person 25 Compensation for medical and related expenses Division 2—Injuries resulting in death 26 Compensation for injuries resulting in death 27 Compensation in respect of funeral expenses Division 3—Injuries resulting in incapacity for work 28 Compensation for injuries resulting in incapacity—covered current members 29 Compensation for injuries resulting in incapacity—covered former members 30 Compensation for injuries resulting in incapacity—Prime Minister's spouse 31 Compensation for injuries resulting in incapacity if covered person is in receipt of a superannuation pension 32 Compensation for injuries resulting in incapacity if covered person is in receipt of a lump sum benefit 33 Compensation for injuries resulting in incapacity if covered person is in receipt of a superannuation pension and a lump sum benefit 34 Compensation where covered person is maintained in a hospital 35 Compensation for incapacity not payable in certain cases Division 4—Injuries resulting in permanent impairment 36 Compensation for injuries resulting in permanent impairment 37 Interim payment of compensation 38 Payment of compensation 39 Compensation for non‑economic loss 40 Approved Guide Division 5—Other compensation 41 Compensation for household services and attendant care services 42 Compensation for certain alterations etc. Division 6—Miscellaneous 43 Redemption of compensation 44 Recurrent payments after payment of lump sum 45 Cancelled determinations not to affect certain payments of compensation 46 Reduction of compensation in certain cases Part 3—Services, facilities or equipment relating to risks to health or safety 47 Services, facilities or equipment relating to risks to health or safety Part 4—Liabilities arising apart from the scheme 48 Interpretation 49 Action for damages not to lie against Commonwealth etc. in certain cases 50 Actions for damages—election by covered person 51 Notice of common law claims against third party 52 Notice of common law claims against Commonwealth 53 Compensation not payable if damages recovered 54 Dependants not claiming compensation 55 Common law claims against third parties 56 Payment of damages by persons to the Commonwealth 57 Comcare's rights and obligations in respect of certain action for non‑economic loss Part 5—Claims for compensation 58 Notice of injury or loss of, or damage to, property used by a covered person 59 Claims for compensation 60 Survival of claims 61 Claims may not be made in certain cases 62 Comcare's power to require medical examination 63 Assessment of employment capability 64 Comcare's power to request the provision of information 65 Comcare must supply certain documents on request Part 6—Reconsideration and review of determinations 66 Definitions 67 Parties to proceedings 68 Making and notification of determinations 69 Reconsideration of determinations 70 Reviewable decision to be notified in writing 71 Applications to the Administrative Appeals Tribunal 72 Modifications of the Administrative Appeals Tribunal Act 1975 73 Evidence in proceedings before Administrative Appeals Tribunal 74 Costs of proceedings before Administrative Appeals Tribunal Part 7—Administration 75 Functions 76 Power to obtain information from Commonwealth entities 77 Manner in which claims are to be determined Part 8—Miscellaneous 78 Determinations to be in writing 79 Money paid to Comcare for benefit of person 80 Provisions applicable on death of beneficiary 81 Assignment, set‑off or attachment of compensation 82 Recovery of amounts due to the Commonwealth 83 Recovery of overpayments 84 Notice to Comcare of ceasing to be a member etc. 85 Power to obtain information from administrators of superannuation schemes 86 Comcare may write off debt 87 Comcare may waive debt 88 Compensation where State compensation payable 89 Notice of departure from Australia etc.