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Annotated Safety, Rehabilitation and Compensation Act 1988

Annotated Safety, Rehabilitation and Compensation Act 1988

10th edition

By Peter Sutherland, John Oman Ballard and With Allan Anforth

CONTENTSREVIEWS

The 10th edition of this well known reference book provides the full text of the Safety, Rehabilitation and Compensation Act as at 1 April 2014, together with comprehensive annotations, organised on a section-by-section basis, covering all significant decisions of the High Court, the Federal Court and the Administrative Appeals Tribunal on the Act.

The book has up-to-date discussion of recent litigation concerning the Safety, Rehabilitation and Compensation Act, including "reasonable administrative action taken in a reasonable manner", liability for injuries in the course of employment (Comcare v PVYW [2013] HCA 41), and construction of the approved Guide. It also includes a list of all legislative instruments published in the Gazette or entered in the Register of Legislative Instruments, and consideration of military compensation arrangements under the Act where the date of injury was before 1 July 2004.

Canberra barrister Allan Anforth has contributed an expanded Practitioner’s Guide aimed at claimants under the Act and their advocates.

The author Peter Sutherland is conducting a thorough review of this book, and any comments or feedback from long-term or intensive users of the book would be appreciated. If you are interested in doing this, please fill out the linked questionnaire, and email it back to peter.sutherland@softlaw.org.au 


CONTENTS

Editorial Contributions
Contributors
Acknowledgments
Currency of Legislation and Annotations
Key to Case Citation
Abbreviations and 
Acronyms
List of Tables

Table of Cases
Table of Statutes

Introduction

Safety, Rehabilitation and Compensation Act 1988

Table of Provisions
Part I         Preliminary
Part II        Compensation
Part III      Rehabilitation
Part IV       Liabilities Arising Apart From This Act
Part V        Claims For Compensation
Part VI       Reconsideration and Review of Determinations
Part VII     Administration and Finance
Part VIII    Licences to Enable Commonwealth Authorities and Certain Corporations to Accept Liabillity for, and/or Manage, Claims
Part IX       Miscellaneous
Part X         Transitional Provisions
Part XI       Operation of This Act in Relation to Certain Defence-Related Injuries and Deaths etc.

Safety, Rehabilitation and Compensation Regulations 2002

Practitioner's Guide

Appendices

Appendix 1 - Legislative History — Safety, Rehabilitation and Compensation Act 1988 (No 75/1988)
Appendix 2 - Notices of Declaration under the SRC Act — Safety, Rehabilitation and Compensation Act 1988
Appendix 3 - Notices of Declaration — Licences
Appendix 4 - Notices of Declaration — “Commonwealth Authority” – s 4(1)
Appendix 5 - Notices of Declaration under s 5(6) — Persons taken to be employed by the Commonwealth
Appendix 6 - Declarations under s 7(1) — Specified diseases and specified employments
Appendix 7 - Notices of Declaration — Australian Capital Territory
Appendix 8 - Corporations Licensed Under Part VIII of the Act
Appendix 9 - Safety, Rehabilitation and Compensation Directions 2002
Appendix 10 - Defence Determination 2000/1
Appendix 11 - Safety, Rehabilitation and Compensation Act 1988 Section 73A — Settlement Guidelines

Index 


REVIEWS

Ballard provides us with an up-to-date, detailed summary of most topical cases which we might need in the AAT. Succeeding volumes are not just a re-hashing of the old, but represent a new and considered appraisal of where the law is, and where it is going.
         I have said it before, but it is worth repeating, that I don't think you can practice in this jurisdiction unless you have the most up-to-date version of Ballard. Finally, John Ballard has given his name to earlier editions, but Peter Sutherland has now assumed that mantle, so perhaps I should correctly call this text, Sutherland! Read full review...

Brian Morgan, Law Letter, Law Society of Tasmania, Autumn 2015

The tenth edition of this useful practitioners text sets out the full text of the Safety, Rehabilitation and Compensation Act 1988, the 2002 Regulations, in addition to other relevant legislative instruments, as at 1 April 2014, together with comprehensive annotations considering the applicable principles and authorities. The text also includes a practitioners’ guide to the legislation contributed by barrister Allan Anforth, which is tailored for the assistance of claimants and their advisors.

Queensland Law Reporter - 1 May 2015 - [2015] 16 QLR

For those intending to, or already practising in, the area of Commonwealth statutory compensation for workplace injuries, the tenth edition of Sutherland & Ballard's Annotated Safety, Rehabilitation and Compensation Act 1988 (Cth) is, and will be your necessary bedfellow. … I found this book very comprehensive, easy to use and very considerate of the various needs of practitioners at all levels within this interesting area of practice. Read full review...

Brian Nugawela, The Brief, Law Society of WA, April 2015

The 10th edition of this reference book builds on its impressive foundations to provide the full text of the Safety, Rehabilitation and Compensation Act as at 1 April 2014 alongside tightly written and impeccably researched annotations. This book is a must for all practitioners in the Commonwealth compensation field and will no doubt find a welcome home among lawyers, HR practitioners, union organisers and tribunal members.
          As well as incorporating legislative and judicial updates, this edition provides an updated version of Allan Anforth’s excellent Practitioner’s Guide. The guide is a wonderful introduction for beginners in this field or a welcome reference and refresher for long term practitioners. It should act as the first port of call for any practitioner who is engaged in this field of compensation practice. Read full review...

Joseph Kelly, InPrint, Law Institute Journal Victoria, March 2015

Reviews of previous editions:

The ninth edition of Ballard is as essential a reference tool for practitioners in Commonwealth Workers’ Compensation as the last eight editions.
         Well set out and concise this edition incorporates numerous developments…
         The great thing about Ballard is the succinct way in which each section, authority and principle is dealt with… A “must have” and the “go to” book for anyone practicing in Commonwealth or Military Workers Compensation matters.

Law Letter, Summer 2012

Over the years Ballard’s commentaries have been cited in decisions of Tribunals and of the Courts, and frequently used in support of a particular interpretation. This demonstrates just how scholarly and reliable the annotations are viewed. The fact that they are updated annually, keeps them as current as is reasonably possible.

…Ballard is and remains a comprehensive but manageably small compendium of the SRC legislation, of the more important decisions and of the likely interpretations of contentious sections. Any practitioner who works in this area cannot adequately represent his or her client without having the most up to date edition of Ballard at hand, whether in or out of Court. It remains the first and often last source of reference. It speaks volumes for its importance, when almost without fail, there are at least 3 copies of it on the bar table and the bench during most hearings. It is worthwhile having both the more extensive electronic version for use in Chambers and the hard copy for ease of access in Court or the Tribunal.

Law Letter, Autumn 2008

This thorough and detailed work is the latest edition of what has become the premier textbook for anyone dealing with Commonwealth compensation matters.

Of particular note is the Practitioner’s Guide prepared by Canberra barrister, Allan Anforth, which … includes very useful practical tips … [T]he beauty of the work is its compact nature, being a single bound volume. … The direct style of Ballard and Sutherland will also be attractive to busy practitioners.
This excellent work is a necessary addition to the library of any member of the bar whose practice includes Commonwealth compensation claims or compensation matters more broadly.

Hearsay (Qld Bar Association), Issue 3, 19 June 2006

This annotated service is now into its 7th edition, the last being published about two years ago. Much has occurred in that time and a new edition is not therefore an expensive luxury but an inexpensive necessity. …
Few practitioners have any understanding of the large amount of business conducted in the AAT in reviewing claims for compensation. … There is no excuse for not being informed when one can consult this outstanding resource. …
There is no point in me trying to dissect the various additions or improvements to the 7th edition from the 6th edition. Rather, let me again urge practitioners who are requested to provide advice into aspects of this legislation, to familiarise themselves with Ballard, as it remains the first and major source of reference by most if not all practitioners who appear in the Administrative Appeals Tribunal. If it is good enough for us, perhaps it might just be useful to those unfamiliar with the legislation.

BJM, Tasmanian Law Society Newsletter, March 2006

More compensation lawyers will be involved in commonwealth compensation work as the Commission (and Federal Court on appeal) is allowing private employers with the requisite business connection with the Commonwealth to sign up with Comcare as insurer. Some very senior practitioners appear in the AAT and this will continue because of the expansion.
What do fresh reinforcements need to know about the Comcare process? It is driven by hundreds and thousands of folios. … The rules of evidence do not apply, yet in practice the fundamentals of adversarial litigation and evidence apply. The text provides some detail. And when the case for the applicant is “heading south”, you can always refer to the model litigant policy of the commonwealth, set out in the text.
The 17 page Practitioners’s Guide also assists the new (and not so new) lawyer in this field of compensation practice, as will the Protocol for Comcare and applicant lawyers attending to reconsideration by applicant of unfavorable Comcare determination. …
Like all annotated texts, its list of case references grows edition to edition. It is fortunate that the three authors, with decades of compensation law experience between them, continue to produce updated editions.

Ethos (ACT Law Society), June 2006

Review of the CD-ROM:
I have had the distinct pleasure of reviewing every update of this fine reference book, and reviewed the hard copy of the sixth edition earlier this year. At that time I mentioned that an electronic copy was on the way, and here it is!
The first thing to say is that electronic books are, to my way of thinking, of greater use in Chambers or an office, than in Court because I have yet to find a way of flicking through a CD as quickly as I can look at an index. However, anyone who has any experience of using portable document files (PDF's), will be at home in using this document.
As anyone who is familiar with the bound edition will instantly realise, the electronic copy is far more extensive and more than 950 pages longer. It contains a wealth of additional material, such as the Compensation (Commonwealth Government Employees) Act 1971 and the Commonwealth Employees' Compensation Act 1930, set in a separate folder so that one can identify the legislation by reference to appropriate dates. There is a continuing need to refer to these Acts because of the effect of the Transitional Provisions of the SRC Act.
The various Practice Directions are included as is the Guide to Assessment of the degree of Permanent Impairment, a document which was difficult to obtain before the Internet took over our lives.
The HREOC Guide to covert surveillance is also included.
The index is worthy of mention as it provides a very speedy method of research. Find the topic you are looking for, click your cursor on the link or links and you can easily move between index and the various sections, references etc.
Because this document is set out in PDF, it requires one's computer to have Adobe Acrobat installed, but as this is a freeware program for read only purposes, most computers would already have it, and anyone who does not, can easily acquire it, at no cost. I think the current version is Acrobat Reader 6.
I don't think the electronic edition should be seen as a replacement to the bound book, but it does contain a great deal of material that is otherwise hard to obtain. It saves a lot of time and trouble in searching Austlii or other Web sites for the legislation.
A month or so ago, I received a review copy but found that it contained a fault which has been rectified in the version sent to me this week. The updated version is easily recognised as it is described as v2 (version 2).
Do I recommend the electronic version? Most definitely. Would I buy it? I don't see how a person who practices in the AAT could afford to only rely on the hard copy and suggest that before long, we will be buying both, one to take to Court and the electronic copy to keep on our computer, for more detailed research purposes.

BJM, Tasmanian Law Society Newsletter, October 2004

   

Published 21 August 2014
Publisher The Federation Press
Paperback/896pp
ISBN 9781862879522
Australian RRP $145.00
International Price $135.00
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