Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 (39 of 2024)

Schedule 6   Employment and Workplace Relations

Seafarers Rehabilitation and Compensation Act 1992

65   Subsection 89(4)

Repeal the subsection, substitute:

(4) If:

(a) the ART has not made a decision under section 105 of the ART Act; and

(b) the Fund has become the employer of an employee because of subsection 4(3);

then:

(c) paragraph 22(1)(b) and subsection 268(1) of the ART Act have effect as if a reference to the person who made the decision were a reference to the Fund; and

(d) the ART must:

(i) if the ART has begun hearing the proceedings but not completed the hearing of the proceedings - adjourn the proceedings for a period of at least 28 days beginning on the day the ART becomes aware of the default event in relation to the actual employer; and

(ii) if the ART has not begun hearing the proceedings - not begin hearing the matter for a period of at least 28 days beginning on the day the ART becomes aware of the default event in relation to the actual employer.