Compensation (Commonwealth Employees) Act 1972 (Cth)

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 [Note: This Act is "repealed" by Act No. 75 of 1988]
(#DATE 19:12:1973)

Compilation Information 

- Reprinted as at 19 December 1973

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - TABLE OF PROVISIONS 
TABLE



               COMPENSATION  (COMMONWEALTH  EMPLOYEES)  ACT  1972



                             TABLE  OF  PROVISIONS



                              PART  I-PRELIMINARY

Section

  1.        Short title

  2.        Commencement

  3.        (Repealed)



                        PART  II-AMENDMENTS  OF  THE  PRINCIPAL  ACT



  4-12.     Amendments of the Compensation (Commonwealth Employees) Acts 1971

  13.       Application of amendments



             PART  III-TRANSITIONAL  PROVISIONS  RELATING  TO  CERTAIN
SEAMEN



  14.       Interpretation

  15.       Application of Principal Act to prescribed persons

  16.       Payments made during transitional period

  17.       Determinations made during transitional period

  18.       Application of Part V of Principal Act

  19.       Agreements relating to payments

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 1. 
Short title. 
SECT



               COMPENSATION  (COMMONWEALTH  EMPLOYEES)  ACT  1972

An Act to amend the Compensation (Commonwealth Employees) Acts 1971, and to
make certain Transitional Provisions.



                              PART  I-PRELIMINARY

Short title and citation.

  1. (1) This Act may be cited as the Compensation (Commonwealth Employees)
Act 1972.*

  (2) The Compensation (Commonwealth Employees) Acts 1971 are in this Act
referred to as the Principal Act.

  (3) The Principal Act, as amended by this Act, may be cited as the
Compensation (Commonwealth Employees) Act 1971-1972.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 2. 
Commencement. 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*

Section 3 repealed by No. 216, 1973, s. 3.

                         *   *   *   *   *   *   *   *

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 4.- 
12. 
SECT

                  PART  II-AMENDMENTS  OF  THE  PRINCIPAL  ACT



                       4.-12.*   *   *   *   *   *   *   *

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 13. 
Application of amendments. 
SECT

  13. (1) The amendments made by this Act, other than sections 8, 9, 10 and
11, apply in relation to any weekly payments of compensation made in respect
of a period occurring on or after the date of commencement of this Act
notwithstanding that the compensation is payable in respect of an injury
sustained, a disease contracted, or an aggravation, acceleration or recurrence
of a disease suffered, before that date.

  (2) Where, on or after the date of commencement of this Act, an employee-



  (a)  dies;



  (b)  suffers a loss of a kind referred to in section 39, 40 or 42 of the
Principal Act;



  (c)  suffers facial disfigurement of a kind referred to in section 41 of
that Act; or



  (d)  becomes liable for any cost of a kind referred to in sub-section (3) of
section 37 of that Act,

the amendments made by this Act, other than sections 8, 9, 10 and 11, apply in
relation to any compensation payable in respect of that death, loss,
disfigurement or cost, notwithstanding that it results from an injury
sustained, a disease contracted, or an aggravation, acceleration or recurrence
of a disease suffered, before that date.

  (3) The amendments made by sections 8, 9 and 10 of this Act apply in
relation to-



  (a)  an injury the date of which is the date of commencement of this Act or
a subsequent date; and



  (b)  the contraction, aggravation, acceleration or recurrence of a disease,
the date of which is, by virtue of sub-section (2) of section 29 of the
Principal Act, to be deemed to be the date of commencement of this Act or a
subsequent date.

  (4) The amendments made by section 11 of this Act apply in relation to
damages recovered on or after the date of commencement of this Act.

  (5) Expressions used in this section have the same respective meanings as in
the Principal Act.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 14. 
Interpretation. 
SECT

       PART  III-TRANSITIONAL  PROVISIONS  RELATING  TO  CERTAIN  SEAMEN

  14. (1) In this Part-



  ''prescribed person'' means-



     (a)  a person who died before the proclaimed date and, at the time of his
death, was a seaman to and in relation to whom the Commonwealth Employees'
Compensation Act 1930 as amended and in force at that time applied; or



     (b)  a person who-



         (i)  at any time during the transitional period, was a seaman to and
in relation to whom the Seamen's Compensation Act 1911-1971 did not apply;
and



        (ii)  at the same time, would have been an employee as defined by
section 5 of the Principal Act if section 5 of this Act had come into
operation on the proclaimed date,



       as the case requires;



  ''seaman'' means a seaman as defined by the Seamen's Compensation Act 1911
as amended and in force at the relevant time;



  ''the proclaimed date'' means the date fixed under sub-section (2) of
section 2 of the Principal Act;



  ''the transitional period'' means the period that commenced on the
proclaimed date and ended immediately before the date of commencement of this
Act.

  (2) A reference in this Part to an injury sustained by a prescribed person
includes a reference to a disease contracted, or an aggravation, acceleration
or recurrence of a disease suffered, by that person.

  (3) Except so far as is inconsistent with the last two preceding
sub-sections, expressions used in this Part have the same respective meanings
as in the Principal Act.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 15. 
Application of Principal Act to prescribed persons. 
SECT

  15. (1) The Principal Act shall be deemed to have applied at all relevant
times during the transitional period to and in relation to prescribed persons
as if section 5 of this Act had come into operation on the proclaimed date.

  (2) Without limiting by implication the generality of the last preceding
sub-section, anything that-



  (a)  was done during the transitional period by, on behalf of, to or in
relation to a prescribed person; and



  (b)  would, if section 5 of this Act had come into operation on the
proclaimed date, have had effect under the Principal Act,

shall for all purposes be deemed to have had effect, and to have effect, as if
it had been done under the Principal Act.

  (3) The succeeding provisions of this Part have effect without limiting by
implication the generality of the last two preceding sub-sections.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 16. 
Payments made during transitional period. 
SECT

  16. (1) Where, during the transitional period, a payment was made by the
Commonwealth by reason of-



  (a)  the death of a prescribed person before, on or after the proclaimed
date; 



  (b)  an injury sustained by a prescribed person before, on or after that
date; or



  (c)  loss or damage of a kind referred to in section 28 of the Principal Act
suffered by a prescribed person on or after that date,

being a payment that, if the Principal Act had applied to or in relation to
the prescribed person at the time when the payment was made, would have been
payable under a provision of that Act, that payment shall for all purposes be
deemed to have had effect, and to have effect, as if it had been a payment of
compensation made under that provision.

  (2) Without limiting by implication the generality of the last preceding
sub-section, a payment referred to in that sub-section that, if the Principal
Act had applied to or in relation to the prescribed person concerned at the
time when the payment was made, would have had effect as a redemption of a
liability of the Commonwealth, shall for all purposes be deemed to have had
effect, and to have effect, as if it had been a redemption of a corresponding
liability under the Principal Act.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 17. 
Determinations made during transitional period. 
SECT

  17. Where, during the transitional period, the Commissioner determined-



  (a)  the question whether a payment of a kind referred to in the last
preceding section should be made; or



  (b)  a matter or question relating to such a question,

that determination shall be deemed to have been, and to be, a determination
made under the Principal Act.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 18. 
Application of Part V of Principal Act. 
SECT

  18. Where a person affected by a determination referred to in the last
preceding section had not, before the commencement of this Act-



  (a)  requested the Commissioner to refer to a Compensation Tribunal for
reconsideration a matter or question to which the determination related; or



  (b)  applied to a prescribed Court for a judicial review of the
determination, 

Part V of the Principal Act as amended by this Act applies in relation to the
determination as if the references in sections 76 and 90 of the Principal Act
(other than the second reference in sub-section (3) of each of those sections)
to the date of service of a copy of the determination were references to the
date of commencement of this Act or the date of service of the notice referred
to in paragraph (c) of sub-section (1) of section 61 of the Principal Act,
whichever is the later.

COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - SECT. 19. 
Agreements relating to payments. 
SECT

  19. Where, during the transitional period, a prescribed person entered into
an agreement with the Commonwealth relating to a payment referred to in
section 16 of this Act, that agreement, to the extent that it is inconsistent
with a provision of the Principal Act or of this Act, has no effect.

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COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1972 - NOTES 



                                     NOTES

1.  This Act comprises the Compensation (Commonwealth Employees) Act 1972 as
amended by the other Act specified in the following table:

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                                Number                       Date of

    Act                         and year        Date of

                                                Assent       commencement

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    Compensation

    (Commonwealth Employees)

    Act 1972                    No. 122, 1972   2 Nov 1972   2 Nov 1972

    Statute Law Revision Act

    1973                        No. 216, 1973   19 Dec 1973  31 Dec 1973

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2.-Ss. 4-12-The amendments made by sections 4 to 12 have been incorporated in
the print of the Compensation (Australian Government Employees) Act 1971-1973.