Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) benefit;
(b) member;
(c) Parliamentary office‑holder.
In this instrument:
Act means the Parliamentary Entitlements Act 1990.
action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding):
(a) to recover an amount for damages for non‑economic loss sustained by a covered person as a result of an injury suffered by the covered person; and
(b) that is taken by the covered person against the Commonwealth or another covered person; and
(c) that follows an election made by the covered person under subsection 50(1).
adoption means adoption under a law of a State or Territory or of a foreign country.
aggravation includes acceleration or recurrence.
ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development).
approved Guide has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988.
Note: For the way the approved Guide applies in relation to the scheme, see section 40 of this instrument.
attendant care services, in relation to a covered person, means services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the covered person.
child: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
claimant, in relation to a time after the death of a claimant, means the claimant’s legal personal representative.
claim for compensation means a claim under Part 5.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
Commonwealth authority has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988.
Commonwealth entity means:
(a) an Agency within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or
(b) a Department within the meaning of the Parliamentary Service Act 1999.
covered activities means:
(a) in relation to a member—the member’s Parliamentary activities; or
(b) in relation to the Prime Minister’s spouse—the spouse’s official activities as the Prime Minister’s spouse.
covered current member means a member who is entitled to receive a Parliamentary allowance.
covered former member means a member who has ceased to be entitled to receive a Parliamentary allowance.
Note: In this instrument, a reference to a member includes a reference to a person who has ceased to be a member, but in relation to whom the Commonwealth has incurred a liability in accordance with this instrument (see section 6).
covered person means:
(a) a member; or
(b) the Prime Minister’s spouse.
damages includes any amount paid under a compromise or settlement of a claim for damages (whether or not legal proceedings have been instituted), but does not include an amount paid in respect of costs incurred in connection with legal proceedings.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
dependant, in relation to a deceased covered person, means:
(a) the partner, parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the covered person; or
(b) a person in relation to whom the covered person stood in the position of a parent or who stood in the position of a parent to the covered person;
so long as the person was wholly or partly dependent on the covered person at the date of the covered person’s death.
Note: See also section 7 (family relationships).
dependent means dependent for economic support.
disease has the meaning given by section 9.
household services, in relation to a covered person, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) that are required for the proper running and maintenance of the covered person’s household.
impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function.
incapacity for work has the meaning given by section 13.
injury has the meaning given by section 8.
licensed corporation has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988.
loss, in relation to property used by a covered person, includes the destruction of that property.
medical treatment has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988, except that for the purposes of this instrument a reference to an employee in the definition of medical treatment in subsection 4(1) of that Act is taken to be a reference to a covered person.
non‑economic loss, in relation to a covered person who has suffered an injury resulting in a permanent impairment, means loss or damage of a non‑economic kind suffered by the covered person (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the covered person is aware.
normal weekly earnings, of a covered person, means the normal weekly earnings of the covered person calculated under section 15 or 16.
normal weekly hours means:
(a) for a member—37.5 hours; or
(b) otherwise—the average number of hours (including hours of overtime) worked in each week by the person in his or her employment during the relevant period (if any) in relation to the covered person as calculated for the purpose of applying the formula in subsection 16(2) or (3).
overtime includes:
(a) any duty on shifts or on Saturdays, Sundays or other holidays; and
(b) excess travelling time.
parent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
Parliamentary activities, of a member, means activities engaged in by the member as a member, Parliamentary office‑holder or Minister, at a time when the member is entitled to a Parliamentary allowance.
Parliamentary allowance means an allowance under the Parliamentary Allowances Act 1952.
partner means a spouse (within the ordinary meaning of the term), and includes:
(a) in relation to a covered person or a deceased covered person—a person who is, or immediately before the covered person’s death was, a de facto partner of the covered person; and
(b) in relation to a covered person or a deceased covered person who is or was a member of the Aboriginal race of Australia or a descendant of an Indigenous inhabitant of the Torres Strait Islands—a person who is or was recognised as the covered person’s husband or wife by the custom prevailing in the tribe or group to which the covered person belongs or belonged.
permanent means likely to continue indefinitely.
place of residence, in relation to a covered person, means:
(a) the place where the covered person normally resides; or
(b) a place, other than the place referred to in paragraph (a), where the covered person resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or
(c) any other place where the covered person stays, or intends to stay, overnight, a journey to which from the covered person’s place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a).
prescribed child means:
(a) a person under 16; or
(b) a person who:
(i) is 16 or over but under 25; and
(ii) is receiving full‑time education at a school, college, university or other educational institution; and
(iii) is not ordinarily in employment or engaged in work on his or her own account.
prescribed person, in relation to a covered person, means:
(a) the partner of the covered person; or
(b) any of the following who is 16 or over:
(i) the parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the covered person;
(ii) a person in relation to whom the covered person stands in the position of a parent or who stands in the position of a parent to the covered person;
(iii) a person (other than the partner of the covered person or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly maintained by the covered person and has the care of a prescribed child who is wholly or mainly dependent on the covered person.
For the purposes of subparagraph (b)(iii), a person who has the care of a child referred to in that subparagraph must not be taken not to be wholly or mainly maintained by the covered person merely because the covered person pays remuneration to the person for caring for that child.
Note: See also section 7 (family relationships).
principal officer, in relation to a Commonwealth entity, means:
(a) if the entity is an Agency within the meaning of the Public Service Act 1999 that is not a Commonwealth authority—the Agency Head within the meaning of that Act; or
(b) if the entity is a Department within the meaning of the Parliamentary Service Act 1999—the Secretary of the Department within the meaning of that Act.
property used by a covered person means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the covered person.
relevant allowance or salary, in relation to a member, means any of the following to which the member is entitled:
(a) parliamentary base salary within the meaning of Part II of the Remuneration Tribunal Act 1973;
(b) additional Parliamentary office holder salary within the meaning of Part II of the Remuneration Tribunal Act 1973;
(c) salary payable under section 66 of the Constitution.
relevant period, in relation to a covered person who is the Prime Minister’s spouse, means the period (if any) calculated under section 17 in relation to the covered person.
retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.
scheme means the Parliamentary injury compensation scheme.
significant degree means a degree that is substantially more than material.
stepchild: without limiting who is a stepchild of a person for the purposes of this instrument, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.
step‑parent: without limiting who is a step‑parent of a person for the purposes of this instrument, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.
suitable employment, in relation to a covered person who has suffered an injury in respect of which compensation is payable under the scheme, means any employment (including self‑employment) in work for which the covered person is suited, having regard to the following:
(a) the covered person’s age, experience, training, language and other skills;
(b) the covered person’s suitability for rehabilitation or vocational retraining;
(c) if employment is available in a place that would require the covered person to change his or her place of residence—whether it is reasonable to expect the covered person to change his or her place of residence;
(d) any other relevant matter.
superannuation amount, in relation to a pension received by a covered person in respect of a week, or a lump sum benefit received by a covered person, under a superannuation scheme, means an amount equal to:
(a) if the scheme is the scheme provided for by the Parliamentary Contributory Superannuation Act 1948:
(i) the amount of the pension or lump sum minus any part of that amount assessed by Comcare to be attributable to contributions made under the scheme by the covered person; or
(ii) if such an assessment cannot be made—the amount of the pension or lump sum; or
(b) if the scheme is another superannuation scheme that identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation—the amount of that part; or
(c) in any other case:
(i) the amount assessed by Comcare to be the part of the pension or lump sum that is attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation; or
(ii) if such an assessment cannot be made—the amount of the pension received by the covered person in respect of that week or the amount of the lump sum, as the case requires.
superannuation scheme means:
(a) the superannuation scheme provided for by the Parliamentary Contributory Superannuation Act 1948; or
(b) any superannuation scheme under which, or retirement savings account to which, the Commonwealth, a Commonwealth authority or a licensed corporation makes contributions on behalf of covered persons and includes a superannuation or provident scheme established or maintained by the Commonwealth, a Commonwealth authority or a licensed corporation.