Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Public Sector Workers Compensation
Fund Act 2018
A2018-47
Republication No 4
Effective: 1 March 2026
Republication date: 1 March 2026
Last amendment made by A2025-30
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Public Sector Workers Compensation Fund Act 2018 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
1 March 2026. It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 1 March 2026.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Public Sector Workers Compensation
Fund Act 2018
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Object of Act 3
Part 2 Public Sector Workers Compensation Fund
7 Public Sector Workers Compensation Fund—establishment 4
8 PSWC fund directorate 4
9 PSWC fund banking accounts 4
10 Payment of public sector workers compensation appropriations 4
11 Appropriation of certain amounts for PSWC fund 5
Section 1 - Public Sector Workers Compensation Fund Act 2018 - Public Sector Workers Compensation Fund Act 2018 | Zoe
Contents
Page
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12 Payments from PSWC fund banking accounts 5
13 Closure of PSWC fund banking accounts 6
14 Investment of amounts in PSWC fund banking accounts 6
15 Returns on amounts appropriated for PSWC fund 7
16 Determination of amounts to be contributed to PSWC fund 8
17 PSWC fund management guidelines 8
Part 3 Administration
18 Appointment of PSWC commissioner 10
19 Functions of PSWC commissioner 10
20 Delegation by PSWC commissioner 11
21 Arrangements for staff 11
22 Power to engage consultants and contractors including claims
manager 12
23 Claims manager’s functions 12
24 PSWC Fund Advisory Committee—establishment 13
25 Functions of advisory committee 13
26 Membership of advisory committee 14
27 Quorum for advisory committee meetings 14
28 Use and disclosure of protected information 15
29 Protection from liability 17
Dictionary 18
Endnotes
1 About the endnotes 20
2 Abbreviation key 20
3 Legislation history 21
4 Amendment history 22
5 Earlier republications 23
6 Expired transitional or validating provisions 23
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Australian Capital Territory
Public Sector Workers Compensation
Fund Act 2018
An Act to provide for the management of funds dedicated to meeting the workers
compensation liabilities of the Territory, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Public Sector Workers Compensation Fund Act 2018.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘PSWC fund—see section 7.’ means
that the term ‘PSWC fund’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Preliminary Part 1
Section 6
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6 Object of Act
The main object of this Act is to establish financial and prudential
governance in relation to the Territory’s obligations as a self-insured
licensee under the SRC Act.
Part 2 Public Sector Workers Compensation Fund
Section 7
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Part 2 Public Sector Workers
Compensation Fund
7 Public Sector Workers Compensation Fund—
establishment
The Public Sector Workers Compensation Fund (the PSWC fund) is
established.
8 PSWC fund directorate
The Treasurer must, under the Financial Management Act 1996,
dictionary, definition of directorate, paragraph (b), establish and keep
a directorate for the PSWC fund (the PSWC fund directorate).
9 PSWC fund banking accounts
(1) The director-general must open and keep 1 or more banking accounts
(a PSWC fund banking account) solely for the management of the
PSWC fund.
(2) A PSWC fund banking account is a directorate banking account of
the PSWC fund directorate.
10 Payment of public sector workers compensation
appropriations
An amount appropriated by a public sector workers compensation
appropriation must be paid into a PSWC fund banking account.
Public Sector Workers Compensation Fund Part 2
Section 11
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11 Appropriation of certain amounts for PSWC fund
The following amounts, whether received or receivable before or
after the commencement of this Act, are appropriated for the purposes
of the PSWC fund and must be paid into a PSWC fund banking
account:
(a) an amount received from the Commonwealth or Comcare in
relation to a licence granted to the Territory under the SRC Act,
section 103;
(b) an amount held by the Australian Capital Territory Insurance
Authority in relation to workers compensation liabilities under
the SRC Act;
(c) premium amounts;
(d) the returns on money held in the account;
(e) money required to be paid into the fund under this Act or any
other Act;
(f) all other money received by the PSWC commissioner for
payment into the PSWC fund.
12 Payments from PSWC fund banking accounts
The following amounts only are to be paid out of a PSWC fund
banking account:
(a) all payments required to be made by the Territory under the
SRC Act;
(b) the reasonable costs and expenses incurred by the Territory or
the claims manager in the management of a workers
compensation claim against the Territory under the SRC Act;
(c) the reasonable costs of the PSWC commissioner in exercising
the commissioner’s functions under this Act, including costs of
remuneration, allowances and office accommodation;
Part 2 Public Sector Workers Compensation Fund
Section 13
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(d) reasonable costs related to meetings of the advisory committee;
(e) in accordance with the guidelines—any refund of premium
amounts paid into the fund.
13 Closure of PSWC fund banking accounts
If a PSWC fund banking account is closed, the balance of money in
the account must be paid into another PSWC fund banking account.
14 Investment of amounts in PSWC fund banking accounts
(1) An amount in a PSWC fund banking account that is not immediately
needed for a purpose mentioned in section 12 may be invested—
(a) by the Treasurer, for the PSWC fund banking account, in an
investment mentioned in the Financial Management Act 1996,
section 38 (1) (a) to (e); or
(b) in any investment prescribed by a PSWC fund investment
guideline under section 17.
(2) For subsection (1) (a), the investment must be consistent with any
investment prescribed by a PSWC fund investment guideline.
(3) Transfers between the territory banking account and PSWC fund
banking accounts to facilitate investment may be made without
appropriation.
(4) Returns received by the Territory for the investment of amounts from
a PSWC fund banking account must be paid into a PSWC fund
banking account.
(5) Any fees or expenses reasonably incurred in making or managing an
investment of an amount from a PSWC fund banking account may be
deducted from the investment.
Public Sector Workers Compensation Fund Part 2
Section 15
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(6) Returns that must be paid into a PSWC fund banking account under
subsection (4) may be paid into the account directly or through the
territory banking account.
(7) If returns to be paid to a PSWC fund banking account are paid into
the territory banking account under subsection (6), the returns may be
paid to the PSWC fund banking account from the territory banking
account without further appropriation.
15 Returns on amounts appropriated for PSWC fund
(1) A public sector workers compensation appropriation, whether made
before or after the commencement of this Act, is taken to be an
appropriation of—
(a) the amount stated in the appropriation; and
(b) any returns received on the investment of the amount, or any
part of it, under this Act.
(2) Returns received by the Territory on an investment under this Act of
an amount from a public sector workers compensation appropriation
must be applied for the purposes for which the amount invested was
appropriated.
(3) Any fees or expenses reasonably incurred in making or managing an
investment of an amount from a public sector workers compensation
appropriation may be deducted from the investment.
Part 2 Public Sector Workers Compensation Fund
Section 16
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16 Determination of amounts to be contributed to PSWC
fund
(1) Before the beginning of each financial year, or any other period
determined by the PSWC commissioner (the contribution period),
the PSWC commissioner must determine, in writing, the amount
needed to be paid by the Territory into the PSWC fund in the
contribution period (the premium amount)—
(a) to fully fund the present and likely future liabilities of the
Territory under the SRC Act in relation to a particular injury,
loss or damage suffered by, or in relation to the death of, some
or all of its employees under the SRC Act during the
contribution period; and
(b) to meet the payments needed to be made from the PSWC fund
(other than under the SRC Act) during the contribution period;
and
(c) to provide for any other matters the PSWC commissioner
should, in all the circumstances, prudently make provision for in
relation to liabilities of the Territory under the SRC Act.
(2) The premium amount must be an amount that the
PSWC commissioner reasonably believes will result in the acceptable
funding ratio for the PSWC fund consistent with the guidelines.
(3) In determining the premium amount, the PSWC commissioner must
take into account actuarial advice for the contribution period.
17 PSWC fund management guidelines
(1) The Treasurer may make guidelines in relation to the PSWC fund
including provision about—
(a) investment under section 14; and
(b) the acceptable funding ratio for the fund and the period of time
in which the fund must return to an acceptable funding ratio if
the fund is in deficit.
Public Sector Workers Compensation Fund Part 2
Section 17
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(2) The Minister may make guidelines in relation to the PSWC fund
including provision about—
(a) how the PSWC commissioner must determine the premium
amount; and
(b) how premium amounts must be paid to the fund; and
(c) reporting requirements; and
(d) financial and governance requirements that must be met by any
contracted claims manager.
(3) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Part 3 Administration
Section 18
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Part 3 Administration
18 Appointment of PSWC commissioner
(1) The Minister must appoint a public servant as Public Sector Workers
Compensation Commissioner (the PSWC commissioner).
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
(2) The PSWC commissioner must be appointed for not longer than
3 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
19 Functions of PSWC commissioner
The PSWC commissioner has the following functions:
(a) managing the PSWC fund;
(b) advising the Minister about the administration, efficiency and
effectiveness of the PSWC fund;
(c) in relation to a licence granted to the Territory under the
SRC Act, section 103—
(i) managing the Territory’s liability under the SRC Act; and
(ii) managing claims under the SRC Act;
(d) conducting and supporting initiatives and activities to prevent
and reduce the risk of injury to employees of the Territory;
Administration Part 3
Section 20
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(e) any other function given to the PSWC commissioner under this
Act or another territory law.
Note A provision of a law that gives an entity (including a person) a
function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1,
def entity).
20 Delegation by PSWC commissioner
(1) The PSWC commissioner may delegate the PSWC commissioner’s
functions under section 19 to an authorised person.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
(2) A delegate may subdelegate to an authorised person a function
delegated under subsection (1) if the subdelegation is authorised, in
writing, by the PSWC commissioner.
(3) In this section:
authorised person means—
(a) a public employee; or
(b) a person prescribed by regulation.
Note Public employee—see the Legislation Act, dictionary, pt 1.
21 Arrangements for staff
The PSWC commissioner may arrange with the head of service to use
the services of a public servant or Territory facilities.
Note The head of service may delegate powers in relation to the management
of public servants to a public servant or another person (see Public Sector
Management Act 1994, s 18).
Part 3 Administration
Section 22
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22 Power to engage consultants and contractors including
claims manager
(1) The PSWC commissioner may engage the consultants and
contractors that may be necessary or convenient to exercise the
PSWC commissioner’s functions.
(2) Without limiting subsection (1), the PSWC commissioner may
engage an entity (a claims manager) to manage injuries in relation to
which claims may be, or have been, made against the Territory under
the SRC Act.
(3) However, the PSWC commissioner must not engage an entity under
subsection (2) unless satisfied that the entity has the experience and
expertise necessary to exercise the functions of a claims manager.
(4) The conditions of a consultant’s or contractor’s engagement are the
conditions agreed between the PSWC commissioner and the
consultant or contractor.
(5) To remove any doubt, this section does not give the PSWC
commissioner the power to enter into a contract of employment.
23 Claims manager’s functions
(1) This section applies if the PSWC commissioner engages a claims
manager.
(2) In managing claims, including individual claims, a claims manager
may do the following in accordance with any guideline:
(a) investigate claims;
(b) assess the Territory’s liability in relation to claims under the
SRC Act, including initial liability and ongoing liability;
(c) calculate benefits and authorise payments under the SRC Act;
(d) pay an amount in relation to a provisional liability medical cost;
(e) pay an amount in relation to a claim;
Administration Part 3
Section 24
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(f) manage claims data;
(g) manage disputes in relation to claims made against the Territory
under the SRC Act;
(h) anything prescribed by regulation.
(3) A claims manager may also exercise any other function given to the
claims manager under this Act or any other territory law.
Note 1 A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
Note 2 A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
24 PSWC Fund Advisory Committee—establishment
The PSWC Fund Advisory Committee (the advisory committee) is
established.
25 Functions of advisory committee
(1) The advisory committee has the following functions:
(a) to keep informed of the operations of the PSWC fund to provide
the advice mentioned in paragraph (c);
(b) to assist in meeting the Territory’s liabilities under the SRC Act
by providing advice about claims management in relation to
injured employees of the Territory;
(c) if the Minister or the PSWC commissioner asks for advice in
relation to the PSWC fund—to provide the advice requested.
(2) To remove any doubt, it is not a function of the advisory committee
to provide advice about the investment of amounts in a PSWC fund
banking account.
Part 3 Administration
Section 26
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(3) The advisory committee may exercise any other function given to it
under this Act or any other territory law.
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
26 Membership of advisory committee
(1) The advisory committee consists of—
(a) the PSWC commissioner; and
(b) 3 members appointed by the Minister to represent the interests
of workers; and
(c) 2 members appointed by the Minister to represent the interests
of public sector bodies and territory instrumentalities.
Note 1 For the making of appointments (including acting appointments),
see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(2) An appointment under subsection (1) must not be for longer than
3 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1, def
appoint).
27 Quorum for advisory committee meetings
Business may be carried on at an advisory committee meeting only if
the members present include—
(a) the PSWC commissioner; and
(b) 1 member mentioned in section 26 (1) (b); and
Administration Part 3
Section 28
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(c) 1 member mentioned in section 26 (1) (c); and
(d) at least 1 other member mentioned in section 26 (1) (b) or (c).
28 Use and disclosure of protected information
(1) An information holder commits an offence if—
(a) the information holder uses information; and
(b) the information is protected information about someone else;
and
(c) the information holder is reckless about whether the information
is protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An information holder commits an offence if—
(a) the information holder does something that discloses
information; and
(b) the information is protected information about someone else;
and
(c) the information holder is reckless about whether—
(i) the information is protected information about someone
else; and
(ii) doing the thing would result in the information being
disclosed to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsections (1) and (2) do not apply if the information holder uses or
discloses protected information about someone else (the protected
person)—
(a) under this Act or another law applying in the ACT; or
Part 3 Administration
Section 28
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(b) in relation to the exercise of a function, as an information holder,
under this Act or another law applying in the ACT; or
(c) in a court proceeding; or
(d) with the protected person’s consent.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58).
(4) An information holder need not disclose protected information to a
court, or produce a document containing protected information to a
court, unless it is necessary to do so for this Act or another law
applying in the ACT.
(5) In this section:
court includes a tribunal, authority or person having power to require
the production of documents or the answering of questions.
disclose includes—
(a) communicate; or
(b) publish.
information means information, whether true or not, in any form and
includes an opinion and advice.
information holder means—
(a) a person who is or has been—
(i) the PSWC commissioner; or
(ii) the claims manager; or
(iii) a member of the advisory committee; or
(b) anyone else who exercises or has exercised a function under this
Act.
produce includes allow access to.
Administration Part 3
Section 29
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protected information means information about a person that is
disclosed to, or obtained by, an information holder because of the
exercise of a function under this Act by the information holder or
someone else.
use, in relation to information, includes make a record of the
information.
29 Protection from liability
(1) The Commissioner is not civilly liable for conduct engaged in
honestly and without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the conduct was in the exercise of a
function under this Act.
(2) Any civil liability that would, apart from this section, attach to the
Commissioner attaches instead to the Territory.
(3) In this section:
conduct means an act or omission to do an act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACT
• authorised deposit-taking institution
• Commonwealth
• director-general (see s 163)
• entity
• financial year
• head of service
• in relation to
• public employee
• public sector body
• public servant
• State
• territory instrumentality
• territory law
• the Territory
• Treasurer.
advisory committee—see section 24.
Australian Capital Territory Insurance Authority means the
Australian Capital Territory Insurance Authority established under
the Insurance Authority Act 2005, section 7.
claims manager—see section 22 (2).
Comcare means the body corporate established under the SRC Act,
section 68.
employee—see the SRC Act, section 5.
guidelines means guidelines made under section 17.
Dictionary
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premium amount—see section 16.
PSWC commissioner—see section 18.
PSWC fund—see section 7.
PSWC fund banking account—see section 9.
PSWC fund directorate means the directorate established under
section 8.
public sector workers compensation appropriation means an
appropriation to the PSWC fund directorate declared by the Act by
which it is made to be for public sector workers compensation.
returns, in relation to an investment—see the Financial Management
Act 1996, dictionary.
SRC Act means the Safety, Rehabilitation and Compensation
Act 1988 (Cwlth).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Public Sector Workers Compensation Fund Act 2018 A2018-47
notified LR 4 December 2018
s 1, s 2 commenced 4 December 2018 (LA s 75 (1))
remainder commenced 1 March 2019 (s 2 (1) and CN2019-2)
as amended by
Statute Law Amendment Act 2019 A2019-42 sch 1 pt 1.6
notified 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 1 pt 1.6 commenced 3 March 2020 (s 2 (3))
Workplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 5
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 5 commenced 1 March 2026 (s 2 (2))
Endnotes
4 Amendment history
page 22 Public Sector Workers Compensation Fund Act 2018
Effective: 01/03/26
R4
01/03/26
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Appropriation of certain amounts for PSWC fund
s 11 am A2019-42 amdt 1.42
Payments from PSWC fund banking accounts
s 12 am A2025-30 s 21
Investment of amounts in PSWC fund banking accounts
s 14 am A2019-42 amdts 1.43-1.49; ss and pars renum R3 LA
Returns on amounts appropriated for PSWC fund
s 15 hdg sub A2019-42 amdt 1.50
s 15 am A2019-42 amdts 1.51-1.53
Functions of PSWC commissioner
s 19 am A2025-30 s 22; pars renum R4 LA
Transitional—engagement of claims manager
s 30 exp 1 March 2020 (s 30 (3))
Consequential amendments
pt 4 hdg om LA s 89 (3)
Legislation amended—sch 1
s 31 om LA s 89 (3)
Financial Management Act 1996—Consequential amendments
sch 1 om LA s 89 (3)
Dictionary
dict def returns ins A2019-42 amdt 1.54