Footnotes
CHAPTER 1
[1] Votes and Proceedings,
19 March 2014, p. 389.
[2] Journals of the Senate,
15 May 2014, p. 819.
[3] https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_ Employment/Safety_Rehabilitation_and_Compensation_Legislation_Amendment_Bill_2014
(accessed 6 June 2014).
[4]
Productivity Commission Inquiry Report No 27, March 2004, National
Workers' Compensation and Occupational Health and Safety Frameworks, pp XL–
XLI.
[5]
Licensing and other immediate amendments under the Safety, Rehabilitation
and Compensation Act 1988, Regulation Impact Statement, Department of
Employment, February 2014, p. v.
[6]
Australian Government, Department of Education, Employment and Workplace
Relations, Report of the Review of Self-insurance arrangements under the
Comcare Scheme, January 2009, p. 7. On 18 September 2013
the Department of Education and the Department of Employment was created out of
the former Department of Education, Employment and Workplace Relations.
[7]
Australian Government, Department of Employment, Allan Hawke AC, Safety
Rehabilitation and Compensation Act Review: Report of the Comcare Scheme's Performance,
Governance and Financial Framework, 7 December 2012, p. 3.
[8]
Australian Government, Department of Employment, Allan Hawke AC, Safety
Rehabilitation and Compensation Act Review: Report of the Comcare Scheme's Performance,
Governance and Financial Framework, 7 December 2012, p. 3.
[9]
Australian Government, Department of Employment, Allan Hawke AC, Safety
Rehabilitation and Compensation Act Review: Report of the Comcare Scheme's Performance,
Governance and Financial Framework, 7 December 2012, p. 34.
[10]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. v.
[11] Explanatory Memorandum, Safety
Rehabilitation and Compensation Bill 2014, p. i.
[12] Explanatory
Memorandum, Safety Rehabilitation and Compensation Bill 2014, p.
i.
[13] Licensing and other
immediate amendments under the Safety, Rehabilitation and Compensation Act
1988, Regulation Impact Statement, Department of Employment, February 2014,
p. 45.
[14] Explanatory Memorandum, Safety
Rehabilitation and Compensation Bill 2014, pp i–ii.
[15]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, pp 1–7.
[16]
Licensing and other immediate amendments under the Safety, Rehabilitation
and Compensation Act 1988, Regulation Impact Statement, Department of
Employment, February 2014, pp 1–7.
[17]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement, Department
of Employment, February 2014, pp 8–43.
[18]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. 44.
[19]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, pp 45–46.
[20]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, pp 45–46; Safety Rehabilitation and
Compensation Act 1968, s. 6(3).
[21]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. 47.
[22]
Explanatory Memorandum, Safety Rehabilitation and Compensation Bill
2014, at Statement of Compatibility, p. ii.
[23]
Explanatory Memorandum, Safety Rehabilitation and Compensation Bill
2014, at Statement of Compatibility, p. vi.
CHAPTER 2 - Key Issues
[1]
Community and Public Sector Union, Submission 5, p. 8; CFMEU
Mining and Energy, Submission 2, p. 1; Australian Lawyers Alliance, Submission
15, p. 7.
[2]
CFEMU Mining and Energy, Submission 2; Australian Manufacturing
Workers' Union, Submission 4; Community Public Sector Union, Submission
5; Slater & Gordon Lawyers, Submission 8; Australian Council of
Trade Unions, Submission 13; Law Council of Australia, Submission 14;
Australian Lawyers Alliance, Submission 15.
[3]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
ss. 4(1).
[4]
Slater & Gordon Lawyers, Submission 8, p. 4.
[5]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, pp 1–7.
[6]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
ss. 4(1).
[7]
The Hon. Christopher Pyne, MP, Minister for
Education, House of Representatives Hansard, 19 March 2014, p. 2381.
[8]
Slater & Gordon Lawyers, Submission 8, p. 5; Law Council of
Australia, Submission 14.
[9]
Queensland Council of Unions, Submission 1, pp 3–4; Australian
Manufacturing Workers' Union, Submission 4, p. 4; Community and Public
Sector Union, Submission 5, pp 7–8; Shop, Distributive and Allied
Employees' Association, Submission 7, p. 4; Slater & Gordon Lawyers,
Submission 8, pp 5–8; Australian Council of Trade Unions, Submission
13, pp 8–10; Law Council of Australia, Submission 14, p. 3;
Australian Lawyers Alliance, Submission 15, pp 6–7.
[10]
Australian Council of Trade Unions, Submission 13, p. 9; Slater
& Gordon Lawyers, Submission 8, p. 5.
[11]
Australian Council of Trade Unions, Submission 13, p. 9.
[12]
Australian Chamber of Commerce and Industry, Submission 10, p. 1;
National Electrical and Communications Association, Submission 9, p. 3.
[13]
National Electrical and Communications Association, Submission 9,
p. 3.
[14]
Ms Sandra Parker, Deputy Secretary, Department of Employment, Estimates
transcript of evidence, 3 June 2014, p. 118.
[15]
Australian Chamber of Commerce and Industry, Submission 10, p. 1.
[16]
Comcare, Submission 11, p. 3.
[17]
Ms Sandra Parker, Deputy Secretary, Department of Employment, Estimates
transcript of evidence, 3 June 2014, p. 118.
[18]
Australian Council of Trade Unions, Submission 13; Law Council of
Australia, Submission 14.
[19]
Queensland Council of Unions, Submission 1; Law Council of
Australia, Submission 14; Queensland Government, Submission 17.
[20]
Queensland Government, Submission 17, p. 11.
[21]
Licensing and other immediate amendments under the Safety, Rehabilitation
and Compensation Act 1988, Regulation Impact Statement, Department of
Employment, February 2014, p. xliii.
[22]
Australian Manufacturing Workers' Union, Submission 4, p. 5.
[23]
Community and Public Sector Union, Submission 5, p. 7.
[24]
Law Council of Australia, Submission 14, p. 3.
[25]
Queensland Council of Unions, Submission 2, p. 2.
[26]
Department of Education, Employment and Workplace Relations, Taylor Fry, Review
of self-insurance arrangements under the Comcare scheme, 15 May 2008, p.
80.
[27]
Department of Education, Employment and Workplace Relations, Taylor Fry, Review
of self-insurance arrangements under the Comcare scheme, 15 May 2008, p.
81.
[28]
Community and Public Sector Union, Submission 5, p. 8.
[29]
Finance Sector Union, Submission 3, p. 4.
[30]
Department of Employment, Submission 6, p. 4.
[31]
Australian Lawyers Alliance, Submission 15, p. 7.
[32]
Department of Employment, Submission 6, p. 7.
[33]
Comcare, Submission 11, p. 4.
[34]
Community and Public Sector Union, Submission 5, p. 8; CFMEU Mining
and Energy, Submission 2, p. 1.
[35]
Department of Employment, Submission 6, p. 11.
[36]
Comcare, answer to questions on notice, 20 June 2014 (received 17 June
2014).
[37]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. xii.
[38]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. xii.
[39]
Australian Manufacturing Workers' Union, Submission 4; Community
Public Sector Union, Submission 5; Australian Council of Trade Unions, Submission
13; Law Council of Australia, Submission 14; Australian Lawyers
Alliance, Submission 15.
[40]
CFEMU Mining and Energy, Submission 2; Slater & Gordon Lawyers,
Submission 8; Australian Federal Police Association,
Submission 12.
[41]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
ss. 14(3).
[42]
The Hon. Christopher Pyne, MP, Minister for Education, House of
Representatives Hansard, 19 March 2014, p. 2381.
[43]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
ss. 147(2).
[44]
CFEMU Mining and Energy, Submission 2, p. 3; Slater & Gordon
Lawyers, Submission 8, p. 5; Law Council of Australia, Submission 14,
p. 4; Unions NSW, Submission 16, p. 8.
[45]
Law Council of Australia, Submission 14, p. 5; Unions NSW, Submission
16, pp 4–5.
[46]
CFEMU Mining and Energy, Submission 2, p. 3; Finance Sector Union
of Australia, Submission 3, p. 7; Australian Manufacturing Workers'
Union, Submission 4, p. 6; Community Public Sector Union, Submission
5, p. 6; Slater & Gordon Lawyers, Submission 8, p. 5; Australian
Council of Trade Unions, Submission 13, pp 13–14; Law Council of
Australia, Submission 14, p. 5; Australian Lawyers Alliance, Submission
15, pp 8–9.
[47]
Australian Council of Trade Unions, Submission 13, p. 12.
[48]
Mr Trevor Clarke, Australian Council of Trade Unions, Committee
Hansard, 20 June 2014,
pp 24–25.
[49]
Ms Renee Leon, PSM, Secretary, Department of Employment, Estimates
transcript of evidence, 3 June 2014, p. 25.
[50]
Australian Federal Police Association, Submission 12, p. 4.
[51]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. xii.
[52]
The Hon. Eric Abetz, Minister for Employment, Estimates transcript of
evidence, 3 June 2014, p. 116.
[53]
Mr Greg Pattison, Special Advisor Workplace Health, Safety and
Compensation Policy, ACCI, Committee Hansard, 3 June 2014, p. 11.
[54]
Productivity Commission Inquiry Report No 27, March 2004, National
Workers' Compensation and Occupational Health and Safety Frameworks, p.
187.
[55]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
para. 6(1)(b).
[56]
Ms Renee Leon, PSM, Secretary, Department of Employment, Estimates
transcript of evidence, 3 June 2014, p. 117.
[57]
CFMEU Mining and Energy, Submission 2, p. 3; Financial Sector Union
of Australia, Submission 3, p. 6.
[58]
Slater & Gordon Lawyers, Submission 8; Australian Federal
Police Association, Submission 12; Australian Lawyers Alliance,
Submission 15.
[59] Mr Jon Hunt-Sharman,
Australian Federal Police Association, Committee Hansard, 20
June 2014, p. 27.
[60]
Mr Wayne McAndrew, CFMEU Mining and Energy, Committee Hansard, 20
June 2014, p. 28.
[61] Australian Government,
Department of Education, Employment and Workplace Relations, Report of the Review
of Self-insurance arrangements under the Comcare Scheme,
January 2009, p. 7.
[62]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. xi.
[63]
The Hon. Christopher Pyne, MP, Minister for Education, House of
Representatives Hansard, 19 March 2014, p. 2381.
[64]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
ss. 6(3).
[65]
Slate & Gordon Lawyers, Submission 2, p. 7.
[66] Mr Wayne McAndrew, CFMEU
Mining and Energy, Committee Hansard, 20 June 2014,
pp 22–23; Mr Rogan McMahon-Hogan, Australian Federal Police Association, Committee
Hansard, 20 June 2014, pp 24–25.
[67]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. 45.
[68]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. xi.
LABOR SENATORS’ DISSENTING REPORT
[1]
Australian Council of Trade Unions (ACTU), Submission 13, p. 13.
[2]
Safety, Rehabilitation and Compensation Act 1988, Regulation
Impact Statement, Department of Employment, February 2014, p. xi.
[3]
Mr Bill Redpath, Member, Personal Injuries and Compensation Committee,
Law Council of Australia, Proof Committee Hansard, 20 June 2014, p. 2.
[4]
The Cost of Work-related Injury and Illness for Australian Employers,
Workers and the Community: 2008-09, Safe Work Australia, Canberra, January
2012.
[5]
Ms Sandra Parker, Deputy Secretary, Workplace Relations and Economic
Strategy, Department of Employment, Proof Committee Hansard, 20 June
2014, p. 40.
[6] Department
of Employment, Answers to Questions on Notice, 20 June 2014 (received 2 July 2014).
[7] Ms Sandra
Parker, Deputy Secretary, Workplace Relations and Economic Strategy, Department
of Employment, Proof Committee Hansard, 20 June 2014, p. 45
[8]
CFEMU Mining and Energy, Submission 2, p. 3; Slater & Gordon
Lawyers, Submission 8, p. 5; Law Council of Australia, Submission 14,
p. 4; Unions NSW, Submission 16, p. 8.
[9]
Law Council of Australia, Submission 14; Unions NSW, Submission
16; CFEMU Mining and Energy, Submission 2; Finance Sector Union of
Australia, Submission 3; p. 7; Australian Manufacturing Workers' Union, Submission
4; Community Public Sector Union, Submission 5; Slater & Gordon
Lawyers, Submission 8; Australian Council of Trade Unions, Submission
13; Law Council of Australia, Submission 14; Australian Lawyers
Alliance, Submission 15.
[10]
Australian Council of Trade Unions, Submission 13, p. 12; Mr Trevor
Clarke, Australian Council of Trade Unions, Senate Hansard, 3 June 2014,
pp 24–25.
[11]
Comcare, Answer to Questions on Notice, 20 June 2014 (received 17 June
2014). pp 5–6.
[12]
Safety, Rehabilitation and Compensation and Other Legislation Amendment
Act 2007.
[13]
Safety, Rehabilitation and Compensation and Other Legislation Amendment
Act 2011.
[14]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
para. 6(1)(b).
[15]
Mr Bill Redpath, Member, Personal Injuries and Compensation Committee, Law
Council of Australia, Proof Committee Hansard, 20 June 2014, p. 2.
[16]
CFMEU Mining and Energy, Submission 2, p. 3; Financial Sector Union
of Australia, Submission 3, p. 6.
[17]
Slater & Gordon Lawyers, Submission 8; Australian Federal
Police Association, Submission 12; Australian Lawyers Alliance, Submission
15.
[18]
Mr Bill Redpath, Member, Personal Injuries and Compensation Committee, Law
Council of Australia, Proof Committee Hansard, 20 June 2014, p. 3.
[19]
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014,
ss. 6(3).
[20]
Slater & Gordon Lawyers, Submission 8, p. 7.
[21]
Ms Rachel James, NSW General Manager, Slater & Gordon Lawyers, Proof
Committee Hansard, 20 June 2014, p. 17.
[22]
Licensing and other immediate amendments under the Safety,
Rehabilitation and Compensation Act 1988, Regulation Impact Statement,
Department of Employment, February 2014, p. xii.
[23]
Slater & Gordon Lawyers, Submission 8, p. 3.
[24]
Proof Committee Hansard, 20 June 2014, p. 15–16.
[25]
Comparative Performance Monitoring 2013, 15th edition, Safe Work
Australia, 2013, p. 2.
[26]
Mr Gregory Pattison, Special Advisor Workplace Health, Safety and
Compensation Policy, Australian Chamber of Commerce and Industry, Proof
Committee Hansard, 20 June 2014, p. 10.
[27]
Mr Paul O’Connor, Chief Executive Officer, Comcare, Proof Committee
Hansard, 20 June 2014, p. 37.
[28]
Ibid, p. 38.
[29]
Slater & Gordon Lawyers, Submission 8, footnote 2.
[30]
Slater & Gordon Lawyers, Submission 8, p. 7, from s. 275 and s.
280 of the Workplace Injury and Management and Workers Compensation Act
1998.
[31]
Australian Lawyers Alliance, Submission 15, p. 7.
[32]
Department of Employment, Submission 6, p. 7.
[33]
Comcare, Answer to Questions on Notice, 20 June 2014 (received 17 June
2014).
AUSTRALIAN GREENS' DISSENTING REPORT
[1]
http://greens.org.au/policies/employment-workplace-relations
(accessed 7 July 2014).