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Annotated Safety, Rehabilitation and Compensation Act 1988: 10th edition
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Annotated Safety, Rehabilitation and Compensation Act 1988: 10th edition

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To be published 29 Aug 2014 (The Federation Press) PRE-ORDER NOW!
ISBN: 9781862879522. Soft Cover.
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By Peter Sutherland, John Oman Ballard and With Allan Anforth

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.

 

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

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

 
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