Commonwealth Employees' Compensation Act 1948

Legislation au C1948A00061 Not in force Act

Legislation content

COMMONWEALTH EMPLOYEES’ COMPENSATION.

 

No. 61 of 1948.

An Act to amend the Commonwealth Employees’ Compensation Act 1930-1944, and for other purposes.

[Assented to 6th December, 1948.]

[Date of commencement, 3rd January, 1949.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Employees’ Compensation Act 1948.


(2.) The Commonwealth Employees’ Compensation Act 1930-1944 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Compensation Act 1930-1948.

Definitions.

2. Section four of the Principal Act is repealed and the following section inserted in its stead:—

“4.—(1.) In this Act, unless the contrary intention appears—

‘active service’ has the same meaning as in section one hundred of the Australian Soldiers’ Repatriation Act 1920-1948;

‘County Court’ means a County Court, District Court, Local Court, or any court exercising a limited civil jurisdiction and presided over by a judge or a police, stipendiary or special magistrate, of a State or a Territory of the Commonwealth;

‘dependant’ means, in relation to a deceased employee—

(a) a member of the employee’s family;

(b) a person to whom the employee stood in loco parentis or who stood in loco parentis to the employee;

(c) any ex-nuptial child or grand-child of the employee; and

(d) if the employee was an ex-nuptial child, any parent or grand-parent of the employee,

who was wholly or in part dependent upon his earnings at the date of his death or who would, but for his incapacity due to the injury, have been so dependent;

‘disease’ includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development, and also includes the aggravation, acceleration or recurrence of a pre-existing disease;

‘employee’ means—

(a) an officer who is subject to the Commonwealth Public Service Act 1922-1948;

(b) a person who is temporarily employed under that Act;

(c) an officer or employee to whom, or included in a class of officers or employees to which, the Governor-General has declared in pursuance of that Act that the provisions of that Act shall not apply;

(d) any member of the Naval, Military or Air Forces of the Commonwealth except—

(i) a member of any of those Forces who, prior to the first day of July, One thousand nine hundred and forty-seven, was appointed or enlisted—

(1) for service in any part of those Forces which was raised in time of war for war service, or solely

for service in time of war or during that time and a definite time thereafter;…

Overview

The Commonwealth Employees’ Compensation Act 1948, enacted by the Australian Parliament, aimed to amend the Commonwealth Employees’ Compensation Act 1930-1944 to address the evolving needs of employees within the Commonwealth. This legislation expanded the scope of compensation to cover injuries and diseases arising out of employment, and clarified the provisions concerning the maximum compensation limits, the treatment of injuries sustained during travel, and the application of the Act to various categories of Commonwealth employees, including those in the Defence Forces. The Act also introduced provisions to prevent double compensation payments by employees who receive damages from third parties and introduced a schedule of compensation for specified injuries, thereby providing a more structured approach to compensation for specific types of injuries.

Scope and Application

The Commonwealth Employees' Compensation Act 1948 applies to employees of the Commonwealth of Australia who are engaged in various capacities, including officers of the Commonwealth Public Service, temporary employees, and individuals under contract of service or apprenticeship with the Commonwealth. It explicitly excludes outworkers, officers or employees of the Public Service of a Territory of the Commonwealth, and certain maritime personnel. The Act extends its reach to employees of the Commonwealth regardless of whether they are employed within or outside Australia's territorial limits. It also applies to members of the Defence Force who are employees. The Act provides for compensation for personal injuries and diseases caused by employment, including injuries occurring during travel to or from employment or training-related activities, with certain conditions and limitations. Notably, it outlines specific exclusions and limitations, such as the disallowance of compensation for injuries resulting from serious and wilful misconduct, unless they result in death or serious and permanent disablement. The Act also includes provisions for compensation in cases where legal liability exists in someone other than the Commonwealth. The Act further addresses the application of compensation provisions to Commonwealth authorities and specifies maximum compensation limits. It does not apply to situations where employees are entitled to compensation or benefits under other Acts, such as the Australian Soldiers' Repatriation Act 1920-1948. Subordinate instruments may further extend or restrict the application of the Act, although specific details on such instruments are not provided in the text.

Key Provisions

  • The Commonwealth Employees’ Compensation Act 1948 (Act) primarily amends the Commonwealth Employees’ Compensation Act 1930-1944 (Principal Act) to update and refine the provisions regarding compensation for Commonwealth employees injured or incapacitated due to their employment. Section 9 mandates that the Commonwealth must compensate employees for personal injuries caused by accidents arising out of or in the course of employment, with specific provisions for injuries resulting in the loss of sight, hearing, or limbs as outlined in the Third Schedule. If an employee is incapacitated by a disease due to the nature of their employment, the Commonwealth must compensate them as if the disease were a personal injury from an accident, as per section 5. Section 17 allows employees to claim compensation from the Commonwealth and pursue damages from third parties if the injury was caused by the negligence of someone other than the Commonwealth.
  • The Act imposes several obligations on the parties it governs. For example, section 9(3) stipulates that compensation for injuries attributable to serious and wilful misconduct is disallowed unless the injury results in death or serious and permanent disablement. Section 17(1) and (2) outline the process for employees to claim damages from third parties while still receiving compensation from the Commonwealth, with certain limitations to prevent double compensation. Additionally, section 17a clarifies that employees cannot receive compensation both from the Commonwealth and through other legal means for the same injury.
  • The Act delineates specific offences and penalties for breaches of its provisions. Section 17(2) states that employees who have received compensation from the Commonwealth cannot sue the Commonwealth for damages unless they initiate proceedings within twelve months of receiving compensation. Section 17(3) mandates that if an employee recovers damages from the Commonwealth, they are not entitled to further compensation under the Act for the same injury, and any previously received compensation will be deducted from the damages. The Act does not explicitly state maximum penalties for these breaches, but legal action for non-compliance could result in court-imposed sanctions and financial penalties.

Legal classification tags

Area of Law
Employees' Compensation Law
Industrial Law
Instrument
Act
Concepts
Definitions & Interpretation
Compensation for Injuries
Licensing & Registration
Civil Penalty Provisions
Enforcement Powers
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.