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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3543 ..


3

Amendment 17

Proposed new clause 7A

Proposed new section 8OA-

Omit the section, substitute the following new section:

8OA Actuarial review and back, neck and pelvis impairments

(1) This section applies to the following items in schedule 1 (the disallowable items ):

(a) item 46-permanent impairment of back;

(b) item 47-permanent impairment of neck;

(c) item 48-permanent impairment of pelvis.

(2) As soon as practicable after the Workers Compensation Amendment Act 2001 is notified, the Minister must commission a report from an actuary who has expertise in workers compensation insurance about the actuarial effect of the amendments made by that Act to this Act and, in particular, the actuarial effect of the inclusion of the disallowable items in schedule 1.

Note This section also commences on the day the Workers Compensation Amendment Act 2001 is notified. Schedule 1 commences later, on 1 July 2002. See that Act, s 2.

(4) A copy of the report must be presented to the Legislative Assembly on or before the first sitting day after 1 February 2002.

(5) Notice of motion to disallow any of the disallowable items (a notified item ) may be given to the Legislative Assembly within 6 sitting days after the report is presented to the Assembly.

(6) If the Legislative Assembly passes a resolution to disallow a notified item, schedule 1 is taken to be amended by omitting the item.

(7) For this section, the Legislative Assembly is taken to have passed a resolution to disallow a notified item if, at the end of 6 sitting days after notice is given-

(a) the notice has not been withdrawn and the motion has not been called on; or

(b) the motion has been called on and moved, but has not been withdrawn or otherwise disposed of.

(8) If the Legislative Assembly passes a resolution to disallow a notified item, the Minister must prepare a written notice stating that, because of a resolution passed by the Legislative Assembly, schedule 1 is taken to be amended by omitting the item.

(9) The notice is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

(10) The Minister must ensure that the notice is notified within 7 days after the Legislative Assembly passes the resolution.

(11) This section expires on 1 July 2002.


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