BILLS DIGEST NO. 87, 2015–16              24 February 2016

Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016

Paula Pyburne and Catherine Lorimer
Law and Bills Digest Section

Cathy Madden
Politics and Public Administration Section

Date introduced: 10 February 2016

House:  House of Representatives

Portfolio: Finance

Commencement:  Sections 1-3 on Royal Assent; all other provisions on the earlier of a single day to be fixed by Proclamation or six months after Royal Assent.

Links: The links to the Bill, its Explanatory Memorandum and second reading speech can be found on the Bill’s home page, or through the Australian Parliament website.

When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the ComLaw website.

Purpose of the Bill

The Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016 (the Bill) amends the Parliamentary Entitlements Act 1990 to give the Minister the power to establish the Parliamentary injury compensation scheme by legislative instrument. The scheme will provide a Senator or Member of the House of Representatives with an entitlement to compensation in respect of an injury or disease that arises out of, or in the course of the performance of his, or her, duties as a parliamentarian.

Background

Work conditions

Despite the importance of the role they play as law makers, Members of Parliament have some unenviable working conditions including:

•       long and erratic hours, with a near inability to plan personal activities

•       at least two workplaces

•       regular, necessary travel

•       no access to workers’ compensation and

•       no entitlement to annual or long service leave and thus no provision to cash out when leaving the position (often at very short notice). Some members will take a few days leave around Christmas and might be able to take another a week from among the mid-year demands of the parliament, the electorate and the party, but there is no provision for this in their working conditions.[1]

Reviews

The question of whether Members and Senators of the Commonwealth Parliament should be covered for injuries which they may sustain in the course of their Parliamentary duties has been the subject of a number of reviews.

1986—Remuneration Tribunal

In 1986, the Remuneration Tribunal delivered a report in relation to its inquiry into Compensation for Ministers, Members of the Commonwealth Parliament, the Federal Judiciary and Members of the Inter-state Commission (first Remuneration Tribunal report). The first Remuneration Tribunal report recommended, amongst other things, that there be compensation for Members of Parliament which should be paid to those:

(a)     who suffer personal injury in the course of their performance of Ministerial, Parliamentary or other duties associated with their particular office or

(b)    who suffer from a disease to which the contraction, aggravation, acceleration or recurrence of which the performance of their duties was a contributing factor or

(c)     who die as a result of sustaining such an injury or suffering from such a disease.[2]

It was suggested that the compensation ‘be arranged by appropriate amendments to the Compensation (Commonwealth Government Employees) Act 1971’.[3]

Setting out the position at the time of the inquiry, the Remuneration Tribunal stated:

At the federal level there are no existing formal or legislative-based provisions for accident compensation for the death or injury of ministers and members of parliament. However in practice, compensation has been based on the ‘act of grace’ application of the Compensation (Commonwealth Government Employees) Act 1971. Claims for compensation have been lodged with the Minister for Social Security and determined by the Minister for Finance.[4]

The recommendation that Members and Senators be covered by the Compensation (Commonwealth Government Employees) Act was not acted upon. This was because Members and Senators are ‘not regarded as employees of the Commonwealth’.[5]

2010—Belcher Review

In September 2009, Special Minister of State, Joe Ludwig, appointed an independent panel to review a range of matters relating to Parliamentary entitlements.[6] The review was a response to concerns raised by the Australian National Audit Office in the previous year that its earlier recommendation that there ‘would be merit in a comprehensive review of the entitlements framework’ had not been acted upon.[7]

The report of the review, the 2010 Review of Parliamentary Entitlements (known as the Belcher Review after the chair of the independent panel Barbara Belcher), recommended, amongst other things that the government ‘establish a legislative basis to provide Senators and Members with workers compensation insurance at Commonwealth expense’.[8]

In making this recommendation, the Belcher Review noted:

Generally, individual workers cannot cover themselves for workers’ compensation, even if they are self-employed and have an ABN. The only avenue for compensation for a senator or member who is exposed to harm while undertaking parliamentary, electorate or official business is to pursue it through legal avenues.

Given the diversity of roles that parliamentarians undertake, the varied environments in which they conduct their business, and the politicised and frequently polarised nature of their public involvement, lack of workers’ compensation coverage represents a considerable risk. The committee considers that the absence of workers’ compensation insurance coverage for senators and members is out of step with modern community and public sector standards and should be addressed by the government.

In regard to public liability insurance, the committee noted that senators and members are not covered by public liability insurance for activities outside the electorate office and Parliament House, Canberra. Commonwealth-funded electorate offices are covered by a general liability insurance policy. This covers circumstances where it can be demonstrated that injury or damage occurred in connection with property controlled by the Commonwealth, and a legal liability to pay compensation has arisen.[9]

2011—Remuneration Tribunal

In December 2011, the Remuneration Tribunal delivered a report on its Review of the Remuneration of Members of Parliament (the second Remuneration Tribunal report).[10] The second Remuneration Tribunal report is unequivocal:

The Tribunal considers that the lack of workers compensation arrangements for parliamentarians is most unsatisfactory. The fact that they are not employees, in the conventional sense, should not, in the Tribunal’s view, militate against suitable arrangements being established for them. This is not a new stance on the Tribunal’s part; it is consistent with the view that it expressed 25 years ago in its Report on Compensation for Ministers, Members of the Commonwealth Parliament, the Federal Judiciary and Members of the Inter-State Commission. The Tribunal can see no good reason for not establishing, now, appropriate arrangements.[11]

To that end, the Remuneration Tribunal recommended that:

… government introduces a workers’ compensation scheme by implementing amendments to the [Parliamentary Entitlements] Act to accommodate a scheme compliant with the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). The scheme should cover all senators and members and provide for arrangements related to:

•       medical and rehabilitation costs;

•       lump sum payment for permanent impairment and non-economic loss;

•       lump sum payment for loss of future earnings;

•       exclusions;

•       dispute resolution;

•       duties covered, for example coverage for travel related to parliamentary, electorate or official business.

The SRC Act should also be amended to confer authority for Comcare to administer the scheme. Funding should be provided by ongoing special appropriation to Finance under the Parliamentary Entitlements Act with drawing rights provided to Comcare.[12]

The Bill is a direct response to those recommendations.

Previous coverage

Between 1986 (when the first Remuneration Tribunal report was published) and 1990, Senators and Members were covered for personal injury sustained in the course of their duties of office ‘by the Scheme for Payment of Special Compensation for Injury in Exceptional Circumstances, established by government in August 1986’.[13] On commencement of the Parliamentary Entitlements Act, in May 1990, ‘coverage was not continued, following legal advice that the scheme needed explicit authorisation under the Parliamentary Entitlements Act or the Parliamentary Entitlements Regulations’.[14]

According to the second Remuneration Tribunal report: ‘between 1990 and 2002, compensation for injuries was paid by way of “act of grace” payments, following assessment by Comcare. This avenue of claim was officially closed in 2002’.[15]

According to the current Entitlements Handbook:

6.3 Personal Compensation for Accidents

6.3.1 The Entitlement

Generally, there is no entitlement to accident compensation for the death or injury of Parliamentarians.

Senators and Members should consider the risk of personal injury, and absence of available compensation, when planning their Parliamentary, official and electorate activities, including during overseas travel.

Arrangements are being made for a new scheme to be established from 1 January 2016 which will provide a Senator or Member with an entitlement to compensation in respect of a physical or mental injury or disease that arises out of, or in the course of, the performance of his or her duties as a parliamentarian that causes impairment, incapacity or the death of the senator or member.[16]

Coverage in other Parliaments

Inquiries made by the Parliamentary Library of the Parliaments of the Australian states and territories and of Canada, the United Kingdom and New Zealand did not identify any schemes for injury compensation equivalent to that which is proposed by the Bill.

Committee consideration

Senate Standing Committee for the Selection of Bills

At the time of writing this Bills Digest, the Bill had not been referred to Committee for inquiry and report.

Senate Standing Committee for the Scrutiny of Bills

At the time of writing this Bills Digest, the Senate Standing Committee for the Scrutiny of Bills had not published any comments in relation to the Bill.

Financial implications

The Parliamentary injury compensation scheme was announced as part of the 2015-16 Budget where funding of $1.4 million over the forward estimates was provided.[17] The split between Comcare and the Department of Finance (Finance) is set out in table 1 below:

Table 1: Funding for Parliamentary injury compensation scheme

Financial Year

2015–16

2016–17

2017–18

2018–19

Comcare ($m)

0.3

0.2

0.2

0.2

Finance ($m)

0.2

0.1

0.1

0.1

Total ($m)

0.4[18]

0.3

0.3

0.3

Source: Explanatory Memorandum, Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016, p. 4.

Statement of Compatibility with Human Rights

As required under Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the Bill’s compatibility with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of that Act. The Government considers that the Bill is compatible.[19]

Parliamentary Joint Committee on Human Rights

The Parliamentary Joint Committee on Human Rights considers that the Bill does not raise human rights concerns..[20]

Key issues and provisions

It is intended that the benefits available under the Parliamentary injury compensation scheme for injuries, disease and damage to medical equipment will be based on the scheme applying to Commonwealth public servants under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).[21] Claims under the scheme will be administered by Comcare.[22]

Parliamentary injury compensation scheme

Item 3 of the Bill inserts proposed section 9A into the Parliamentary Entitlements Act to empower the Minister[23] to formulate the Parliamentary injury compensation scheme by legislative instrument.[24] The Parliamentary injury compensation scheme may include any of the following:

•       compensation or other benefits in relation to an injury[25] or disease,[26] or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, parliamentary office-holder or minister or such injury or disease, or an aggravation of an injury or disease, or suffered by the spouse of the Prime Minister in connection with the spouse’s official activities.[27] This would include a range of payments, including but not limited to, hospital and medical expenses, payment for incapacity to work, permanent impairment, household and attendant services, death benefits and funeral benefits

•       compensation or other benefits in relation to the loss of, or damage to, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, parliamentary office-holder or minister, or by the spouse of the Prime Minister where the loss or damage occurs in the course of the spouse’s official activities

•       the provision of services, facilities or equipment intended to eliminate or minimise               risks to the health or safety of a Member arising in the course of the member’s activities as a member, parliamentary office-holder or minister or to eliminate or minimise such risks to the spouse of the Prime Minister arising in the course of the spouse’s official activities and

•       ancillary or incidental matters.

Key issue—minimising risks to health and safety

The SRC Act does not provide for services, facilities or equipment intended to eliminate or minimise risks to the health or safety of employees, as it operates only in respect of a person who has already sustained an injury or disease—that is, it is not directed towards preventive measures. According to the Explanatory Memorandum to the Bill:

Benefits that may be prescribed under the [Parliamentary injury compensation scheme] may include things like ergonomic and workplace assessments, risk assessments of proposed activities, toxicology or other health screening relating to activities in the workplace, training to support the management of work health or safety risks and compliance with work health or safety legislation, vaccination programmes, or preventative psychological services.[28]

Elements of the scheme

Proposed subsection 9A(2) of the Parliamentary Entitlements Act sets out what the Parliamentary injury compensation scheme may do. In particular it provides that the Minister is empowered to make a legislative instrument for the purposes of the scheme.[29]

Confer functions and powers on Comcare

Currently Comcare is responsible for managing claims made by members of the Australian Public Service. This involves making decisions about entitlement, making benefit payments, liaising with the injured person and their doctor, and conducting regular file reviews to ensure that injured persons receive the correct benefits for their compensable injuries.[30] Proposed paragraph 9A(2)(a) of the Parliamentary Entitlements Act provides that the Parliamentary injury compensation scheme may confer functions and powers on Comcare to allow it to administer the scheme. Items 4–7 of the Bill make consequential amendments to the SRC Act to reflect Comcare’s role as the administrator of the scheme.

Limit or restrict eligibility

The Parliamentary injury compensation scheme may provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme.[31] For instance, a person may be required to undergo rehabilitation or medical examination[32] or compensation may not be payable if an injury is sustained because a person voluntarily and unreasonably submitted to an abnormal risk of injury. [33]

Payments to third parties

The Parliamentary injury compensation scheme may provide for compensation or other benefits to be payable to persons other than members—for instance, a payment directly to a third party such as a doctor or allied health provider. This would also allow for payments to be made directly to the spouse of the Prime Minister.[34]

Recovery of monies

In order to preserve the integrity of any scheme such as that proposed by the Bill there needs to be avenues for recovery of compensation paid if another insurer is liable for the same injury or disease; and for recovery of monies that have been paid in error.

Proposed paragraph 9A(2)(e) provides that the Parliamentary injury compensation scheme may require an amount of money paid under the scheme to be repaid in certain circumstances. This is consistent with section 48 of the SRC Act which empowers Comcare to recover the compensation paid to an injured employee where that person subsequently receives compensation or damages for the same injury from another source.

In addition, the Parliamentary injury compensation scheme may provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme. Currently sections 114–115 of the SRC Act deal with the recovery of overpayments. In particular, existing subsection 114(1) provides for the recovery by Comcare, in a court of competent jurisdiction, of amounts of compensation that have been paid to a person that should not have been paid, or that the person is liable to pay.[35]

Provide information or documents

In order for Comcare to deal with claims and determine the benefits which are payable to a person it needs all the information which is relevant to the claim.

To that end, the Parliamentary injury compensation scheme may require a person to give information or documents to Comcare for the purposes of the scheme.[36] This power currently resides in section 58 of the SRC Act. That section operates so that where a person who makes a claim has information or a document that is relevant to the claim or could obtain the information or a copy of a document without unreasonable expense or inconvenience, Comcare may request the person, in writing, to provide it within 28 days.

In addition, the Parliamentary injury compensation scheme may require a person to notify Comcare of a matter or event set out in the scheme.[37] According to the Explanatory Memorandum to the Bill, ‘this would include matters that Comcare may not become aware of through other means, such as the receipt by the person of compensation from a third party in respect of the same injury or disease’.[38]

Prescribe penalties

Under proposed paragraph 9A(2)(i) another element of the scheme may be the prescription of penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme. This is consistent with the Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers which states that:

Successive Commonwealth governments have taken the view that serious criminal offences and penalties should be contained in Acts of Parliament rather than subordinate legislation, irrespective of the penalty to be imposed. This enables full Parliamentary scrutiny of the scope of the offence and the penalty. There is also a legitimate expectation on the part of those who read legislation that fundamental aspects of a legislative scheme (such as serious criminal offences) will be in the principal Act.

Almost all Commonwealth Acts enacted in recent years that authorise the creation of offences in subordinate legislation have specified the maximum penalty that may be imposed as 50 penalty units or less.[39]

According to the Explanatory Memorandum, ‘it is intended that the scheme will include the same offences as the SRC Act in order to ensure that Comcare is able to obtain the information that it requires’.[40]

Review of decisions

The Parliamentary injury compensation scheme may also provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme.[41] Currently Part VI of the SRC Act provides for a two tier review process. The first tier is an internal review carried out by Comcare.[42] The second tier of review is to the Administrative Appeals Tribunal (AAT). However, it would be open to the Minister to provide for an appeal against a decision to be made directly to the AAT if that was thought to be more appropriate for members. The SRC Act currently contains a number of provisions which are incidental to the right of appeal including the type of evidence which is admissible in proceedings before AAT[43] and which of the parties is to bear the costs of the tribunal proceedings.[44] Presumably, the legislative instrument made by the Minister will include similar incidental provisions.

Proceedings against the Commonwealth

Proposed paragraph 9A(2)(k) is consistent with the SRC Act. It provides that the Parliamentary injury compensation scheme may:

•       limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage[45]

•       provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage[46] or

•       require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth.[47]

Breadth of coverage

The Belcher report noted the comments of former Premier of Western Australia, Geoff Gallop, as to the extensive range of regular activities for a Parliamentarian:

… working with electors and organisations within the electorate, informing the electorate about important issues or initiatives, attending party meetings (conferences, electorate councils, branches, policy committees), attending parliamentary party meetings, participating in parliamentary debates, working on a parliamentary committee, developing a portfolio interest if they are a minister (or indeed a shadow minister), attending functions on behalf of the government (or opposition), issuing media statements or responding to the media … and the list goes on.[48]

The many activities undertaken by members of parliament indicates the need for the compensation coverage to be sufficiently broad to cover injuries sustained, or diseases contracted, in the course of their duties both domestically and abroad. Accordingly, proposed subsection 9A(5) of the Parliamentary Entitlements Act allows the Parliamentary injury compensation scheme to extend to all places outside Australia, including the external Territories.

Concluding comments

The Bill does no more than give an outline of what the Parliamentary injury compensation scheme may eventually provide to members of parliament. Whilst the Explanatory Memorandum indicates that the scheme will be based on the SRC Act, this does not mean that it has to be, or will be, equivalent to it. The SRC Act has been subject to a number of reviews, and numerous recommendations have been made to improve the operation of the Comcare scheme—in particular to address the absence of time limits on the determination of claims.[49] It may be that in developing the Parliamentary injury compensation scheme, consideration will be given to the adoption of some of these recommended improvements.

Members, Senators and Parliamentary staff can obtain further information from the Parliamentary Library on (02) 6277 2500.

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[1].              B Belcher (Chair), Review of Parliamentary entitlements, report prepared for the Committee for the Review of Parliamentary Entitlements, Department of Finance, Canberra, April 2010, p. 34, accessed 18 February 2016.

[2].              B Archer, ‘Compensation for Ministers, Members of the Commonwealth Parliament, the Federal judiciary and Members of the Inter-state commission: Remuneration Tribunal Report’, Senate, Debates, 17 April 1986, p. 1898, accessed 17 February 2016.

[3].              D Mahoney (Chair), Compensation inquiry: compensation for ministers, members of the Commonwealth Parliament, the federal judiciary and members of the inter-state commission, report prepared for the Remuneration Tribunal, Australian Government Publishing Service, Canberra, 1986, recommendation 1, p. 5, accessed 24 February 2016.

[4].              Ibid., p. 8.

[5].              B Belcher, Review of Parliamentary entitlements, op. cit., p. 64.

[6].              J Ludwig (Special Minister of State), Reform of Parliamentary entitlements, media release, 8 September 2009, accessed 17 February 2016.

[7].              Australian National Audit Office (ANAO), Administration of Parliamentarians' entitlements by the Department of Finance and Deregulation, Audit report, 3, 2009–2010, ANAO, Canberra, 2009, p. 14, accessed 18 February 2016.

[8].              B Belcher (Chair), Review of Parliamentary entitlements, op. cit., recommendation 10(i), p. 14.

[9].              Ibid., pp. 64–65.

[10].              Remuneration Tribunal, Review of the Remuneration of Members of Parliament: initial report, Remuneration Tribunal, Canberra, December 2011, accessed 18 February 2016.

[11].              Ibid.

[12].              Ibid., p. 54.

[13].              Ibid., p. 53.

[14].              Ibid.

[15].              Ibid.

[16].              Department of Finance (DoF), ‘6.3 Personal compensation for accidents’, Senators and Members’ Entitlements Handbook, DoF website, last modified 12 October 2015, accessed 18 February 2016.

[17].              Australian Government, Budget measures: budget paper no.2, 2015–16, accessed 24 February 2016.

[18].              Note that this apparent error in addition is also in the budget paper as above.

[19].              The Statement of Compatibility with Human Rights can be found at pages 14–18 of the Explanatory Memorandum to the Bill.

[20].              Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44th Parliament, The Senate, Canberra, 23 February 2016, p. 1, accessed 24 February 2016.  

[21].              A Hawke (Assistant Minister to the Treasurer), ‘Second reading speech: Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016’, House of Representatives, Debates, (proof), 10 February 2016, p. 17, accessed 18 February 2016.

[22].              Comcare is established under the Safety Rehabilitation and Compensation Act 1988. It has roles as insurer, regulator and scheme manager. Source: Comcare, ‘About us’, Comcare website, accessed 18 February 2016.

[23].              Section 19A of the Acts Interpretation Act 1901 states that if a provision of an Act refers to a Minister by using the expression ‘the Minister’ without specifying which Minister is referred to then the reference is a reference to the Minister who administers the provision in respect of the relevant matter. In this case, it would be the Minister for Finance.

[24].              Delegated legislation is required to be laid before each House, thereby becoming subject to parliamentary scrutiny and the Parliament’s ultimate power of veto. Under section 38 of the Legislative Instruments Act 2003, legislative instruments must be tabled in each House within six sitting days following registration on the Federal Register of Legislative Instruments, even in cases where the instrument is not disallowable. Unless laid before each House within this time limit, a legislative instrument ceases to have effect. Source: B Wright and P Fowler, House of Representatives practice, 6th edn, Department of the House of Representatives, Canberra, 2012, chapter 10, pp. 412–413.

[25].              Section 5A of the SRC Act defines the term injury as: (a) a disease suffered by an employee; (b) an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee’s employment; or (c) an aggravation of a physical or mental injury (other than a disease) suffered by an employee that is an aggravation that arose out of, or in the course of, that employment.

[26].              Subsection 5B(1) of the SRC Act defines disease as an ailment suffered by an employee (or an aggravation of such an ailment) that was contributed to, to a significant degree, by the employee’s employment by the Commonwealth. Subsection 5B(2) of the SRC Act contains a list of matters which may be taken into account in determining whether the ailment (or the aggravation of the ailment) was contributed to, to a significant degree, by the employee’s employment.

[27].              Section 3 of the Parliamentary Entitlements Act defines spouse to include de facto partner of the member, within the meaning of the Acts Interpretation Act 1901.

[28].              Explanatory Memorandum, Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016, p. 8.

[29].              Parliamentary Entitlements Act, proposed paragraph 9A(2)(l).

[30].              Comcare, ‘Claims services officers’, Comcare website, last updated 2 April 2014, accessed 18 February 2016.

[31].              Parliamentary Entitlements Act, proposed paragraph 9A(2)(b).

[32].              For example, subsection 57(1) of the SRC Act empowers the relevant authority (Comcare) to require an employee who has given notice of an injury, or made a claim for compensation to undergo a medical examination by a legally qualified medical practitioner which it has nominated.

[33].              SRC Act, subsection 6(3).

[34].              Parliamentary Entitlements Act, proposed paragraph 9A(2)(c).

[35].              Parliamentary Entitlements Act, proposed paragraphs 9A(2)(e) and (f).

[36].              Parliamentary Entitlements Act, proposed paragraph 9A(2)(g).

[37].              Parliamentary Entitlements Act, proposed paragraph 9A(2)(h).

[38].              Explanatory Memorandum, Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016, p. 9.

[39].              Attorney-General’s Department (AGD), Guide to framing Commonwealth offences, infringement notices and enforcement powers, AGD, Canberra, September 2011, p. 44, accessed 22 February 2016.

[40].              Explanatory Memorandum, Parliamentary Entitlements Amendment (Injury Compensation Scheme) Bill 2016, p. 10.

[41].              Parliamentary Entitlements Act, proposed paragraph 9A(2)(j).

[42].              Comcare, ‘Reconsiderations and reviews’, Comcare website, accessed 22 February 2016.

[43].              SRC Act, section 66.

[44].              SRC Act, section 67.

[45].              SRC Act, sections 44 and 45.

[46].              SRC Act, section 50.

[47].              SRC Act, sections 48 and 49.

[48].              B Belcher (Chair), Review of Parliamentary entitlements, op. cit., p. 28.

[49].              A background to various reviews of the Comcare scheme is in P Pyburne, Safety Rehabilitation and Compensation Amendment (Improving the Comcare Scheme) Bill 2015, Bills digest, 13, 2015–16, Parliamentary Library, Canberra, 2015, accessed 22 February 2016.