Annotated Safety, Rehabilitation and Compensation Act 1988
By: Peter H. Sutherland, Allan Anforth, John Oman Ballard
About This Book
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.
AI Overview
The book "Annotated Safety, Rehabilitation and Compensation Act 1988" is a comprehensive legal reference guide written by Peter H. Sutherland, Allan Anforth, and John Oman Ballard. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
Legal Framework: The book provides a detailed annotation of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), which is a cornerstone of workers' compensation law in Australia. It covers the full text of the Act as well as relevant regulations and directions.
Court and Tribunal Decisions: The annotations include decisions from courts and tribunals up to a specified date, providing practitioners with a thorough understanding of case law interpretations.
Recent Litigation: The book discusses recent significant cases, such as MRCC v May HCA 19 and Wuth v Comcare FCAFC 42, which have shaped the interpretation of key terms like "injury" and "disease."
Military Compensation: It also includes a detailed consideration of military compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA), which commenced on 12 October 2017. This section covers commentary and annotation of decisions on elements of the DRCA that differ from the SRC Act.
Legislative Instruments: The book lists all legislative instruments made under the SRC Act, including those regulating the coverage of licensees under the Scheme, and provides a Legislative Amendment History of the SRC Act.
Practitioner’s Guide: Canberra barrister Allan Anforth AM contributes an updated Practitioner’s Guide aimed at claimants and their representatives, making the book a valuable resource for both legal professionals and those navigating the compensation system.
Plot Summary
The book is structured to provide a clear and comprehensive understanding of the SRC Act. It includes:
- Full Text of the Act: The book contains the full text of the Safety, Rehabilitation and Compensation Act 1988 as at a specified date.
- Annotations: Detailed annotations explain the legal implications of each section of the Act, including interpretations from court and tribunal decisions.
- Regulations and Directions: It includes the current Safety, Rehabilitation and Compensation Regulations 2019 and Safety, Rehabilitation and Compensation Directions 2019.
- Recent Case Law: Discussions on recent significant cases that have shaped the interpretation of key terms in the Act.
- Military Compensation: A dedicated section on military compensation under the DRCA, including commentary on decisions that differ from the SRC Act.
Critical Reception
The book has been well-received for its thoroughness and accuracy in annotating the SRC Act. Here are some points from available reviews:
- Thoroughness: The book is praised for its meticulous annotation, which provides practitioners with a deep understanding of the Act and its applications.
- Relevance: The inclusion of recent case law and legislative instruments makes the book highly relevant to current legal practice.
- Practical Guide: The Practitioner’s Guide by Allan Anforth AM is noted for its practical advice aimed at claimants and their representatives, making it a valuable resource for those navigating the compensation system.
Overall, "Annotated Safety, Rehabilitation and Compensation Act 1988" is a comprehensive and authoritative reference guide that is essential for legal professionals dealing with workers' compensation in Australia. Its detailed annotations, inclusion of recent case law, and practical guide make it a trusted resource in the field.