Annotated Safety, Rehabilitation and Compensation Act 1988
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Description
The 11th edition of this well known reference book provides the full text of the Safety, Rehabilitation and Compensation Act 1988 (SRCA) current as at 1 April 2018 and annotations of Court and Tribunal decisions to 1 March 2018.The book contains an up-to-date discussion of recent litigation concerning the SRCA, including "injury" and "disease", "reasonable administrative action taken in a reasonable manner", liability for injuries "arising out of, or in the course of" employment, and construction of the approved Guide. It includes a list of all legislative instruments made under the Act, including those regulating the coverage of licensees under the Scheme.The 11th edition also includes a comprehensive consideration of military compensation under the SRCA, including the 1994 Military Compensation Scheme and the new DRCA Scheme, which commenced on 12 October 2017 pursuant to the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. The 11th edition will be fully relevant to military compensation by inclusion of previous historical material and Commentary on elements of the DRCA which were omitted from the SRCA on 12 October 2017.Canberra barrister, Allan Anforth, will contribute an updated Practitioner's Guide aimed at claimants and their representatives.
AI Overview
The "Annotated Safety, Rehabilitation and Compensation Act 1988" is a comprehensive legal reference book written by Peter Sutherland, John Oman Ballard, and Allan Anforth. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
Comprehensive Annotation: The book provides the full text of the Safety, Rehabilitation and Compensation Act 1988, alongside detailed annotations. These annotations include Court and Tribunal decisions, legislative instruments, and regulatory updates[2].
Recent Litigation: The 12th edition specifically includes discussions on recent litigation concerning the SRC Act, such as cases involving "injury" and "disease" following significant court decisions like MRCC v May [2016] HCA 19 and Wuth v Comcare [2022] FCAFC 42[2].
Military Compensation: The book also covers military compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA), which commenced on 12 October 2017. This includes commentary and annotation of decisions on elements of the DRCA that differ from the SRC Act[2].
Legislative Instruments: The book includes a list of all legislative instruments made under the SRC Act and the DRCA, as well as a Legislative Amendment History of both acts[2].
Practitioner’s Guide: The book features an updated Practitioner’s Guide contributed by Allan Anforth AM, aimed at claimants and their representatives[2].
Plot Summary
The book is not a narrative but a legal reference guide. It is structured to provide comprehensive coverage of the Safety, Rehabilitation and Compensation Act 1988, including its amendments and related regulations. The text is meticulously annotated with legal authorities and case law to facilitate understanding and application of the act in various contexts.
Critical Reception
Scholarly Review: The 10th edition of the book was reviewed by Brian Morgan, who noted its significance for practitioners in the Administrative Appeals Tribunal. Morgan highlighted the book's comprehensive scholarship and its ability to cover complex legal arguments[3].
Trends in Compensation Claims: The review also discussed trends in compensation claims, particularly the increasing recognition of stress-related claims and their impact on conditions like Multiple Sclerosis and Crohn's disease[3].
Updated Editions: The book is updated regularly, with new editions appearing every two to three years. This ensures that the annotations remain current and relevant to ongoing legal developments[3].
Critical Praise: The book is described as a "mammoth piece of scholarship" with 1315 pages comprehensively footnoted with authorities, making it a valuable resource for legal practitioners[3].
Human Rights Perspective: The Australian Public Service Commission has reviewed the SRC Act, commending its commitment to fair and appropriate workers' compensation arrangements. However, the commission also recommends removing age limits on the payment of workers' compensation provisions to align with contemporary social models[5].
In summary, "Annotated Safety, Rehabilitation and Compensation Act 1988" by Peter Sutherland, John Oman Ballard, and Allan Anforth is a highly regarded legal reference book that provides detailed annotations and comprehensive coverage of the SRC Act and related regulations. Its critical reception highlights its scholarly value and practical utility for legal practitioners.