Compensation (Commonwealth Government Employees) Act 1971 (Cth)
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - Incorporating all
amendments by legislation made to 31 December 1979
- Reprinted as at 31 December 1979 (HISTACT CHAP 455 #DATE 31:12:1979)
amendments by legislation made to 31 December 1979
- Reprinted as at 31 December 1979 (HISTACT CHAP 455 #DATE 31:12:1979)
*1* The Compensation (Commonwealth Government Employees) Act 1971 (a) as shown
specified in the following table:
----------------------------------------------------------------------------
Act Number
and year Date
of Assent Date of
commencement Application
saving
or
transitional
provisions
----------------------------------------------------------------------------
Compensation
(Commonwealth
Employees) Act 1971 48, 1971 25 May 1971 Ss. 3-8, 25-63,
76-108, 115-122
and 123 (1) and
(2): 1 Sept 1971
(see Gazette 1971,
p. 5496)
Remainder: Royal
Assent -
Salaries (Statutory
Offices) Adjustment
Act 1971(b) 136, 1971 16 Dec 1971 16 Dec 1971 -
Compensation
(Commonwealth
Employees) Act 1972 122, 1972 2 Nov 1972 2 Nov 1972 Ss. 13-19
Compensation
(Australian
Government
Employees) Act 1973 105, 1973
26 Sept 1973 26 Sept 1973 -
Statute Law
Revision Act 1973 216, 1973
20, 1974 19 Dec 1973
25 July 1974 31 Dec 1973
31 Dec 1973 S. 9(1)
-
Compensation
(Australian
Government
Employees) Act 1974 92, 1974 16 Nov 1974 16 Nov 1974 Ss. 4(2),
10(2) and 13
Federal Court of
Australia
(Consequential
Provisions) Act
1976 157, 1976 9 Dec 1976 1 Feb 1977 (see s.
2 and Gazette
1977, No. S3, p.
1) S. 4
Compensation
(Commonwealth
Government
Employees)
Amendment Act 1976 166, 1976 10 Dec 1976 1 Sept 1976 S. 7(2)-(4)
Compensation
(Commonwealth
Government
Employees)
Amendment Act 1978 68, 1978 22 June 1978 1 July 1978 -
Compensation
(Commonwealth
Government
Employees)
Amendment Act 1979 111, 1979 25 Oct 1979 Ss. 16 and 17: 1
Sept 1979
Remainder: Royal
Assent Ss. 3(2), 17
and 18
Australian Federal
Police
(Consequential
Amendments) Act
1979 155, 1979 28 Nov 1979 19 Oct 1979 (see
s. 2 and Gazette
1979, No. S206, p.
1) -
----------------------------------------------------------------------------
(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
(b) The Salaries (Statutory Offices) Adjustment Act 1971 was repealed by
section 7 of the Statute Law Revision Act 1973. That section provides that the
repeal does not affect the operation of any amendment made by the repealed Act
or any provision made by it for the citation of an Act as so amended.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - TABLE OF
PROVISIONSTABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Repeal
5. Interpretation
6. Application of Act
7. Persons in relation to whom Act applies
7A. Public Service of Northern Territory
7B. Northern Territory to pay compensation in respect of certain other
persons
8. Employment to include attendance at certain places
PART II-COMMISSIONER FOR EMPLOYEES' COMPENSATION
9. Commissioner for Employees' Compensation
10. Tenure of office
11. Remuneration of Commissioner
12. Leave of absence
13. Dismissal
14. Resignation
15. Vacation of office
16. Rights of public servant appointed as Commissioner
17. (Repealed)
18. Oath or affirmation of allegiance and office
19. Acting Commissioner
20. Functions and powers of the Commissioner
21. Bank accounts
22. Proper accounts to be kept
23. Audit
24. Delegation by Commissioner
PART III-COMPENSATION
25. Average weekly earnings
26. Employee deemed to be totally incapacitated if employment for which
he is fitted is not available
27. Compensation for personal injuries
28. Compensation for damage to artificial limbs, &c.
29. Compensation in respect of death, loss, disfigurement or incapacity
through disease
30. Certain diseases to be deemed to be contributed to by employment
31. Provisions relating to diseases
32. Journey to or from employment
33. Journey to or from place of employment
34. Journey to or from living accommodation or to or from place of
employment within which living accommodation is situated
35. Certain journeys excluded from operation of sections 33 and 34
36. Provisions relating to journeys
37. Compensation payable in respect of medical expenses, &c.
38. Provision of vocational training
39. Compensation payable in respect of certain losses
40. Compensation payable in respect of loss of capacity to engage in
sexual intercourse
41. Compensation payable in respect of facial disfigurement
42. Compensation payable in respect of total loss of the sense of taste
or smell
43. Compensation payable in respect of injuries resulting in death
44. Compensation payable in respect of funeral expenses
45. Compensation payable in respect of injuries resulting in total
incapacity
46. Compensation payable in respect of injuries resulting in partial
incapacity
47. Incapacity while undergoing, or as a result of, medical treatment
48. Additional compensation payable where employee requires the constant help of another person
49. Redemption of compensation payable in respect of partial incapacity
50. Recurrent payments after payment of lump sum
51. Cancelled determinations not to affect certain payments of
compensation
52. Reduction of compensation in certain cases
PART IV-MAKING AND DETERMINATION OF CLAIMS
53. Notice to Commonwealth of injury, disease or loss of or damage to
property
54. Time for making claims for compensation
55. Survival of claims
56. Medical Referees
57. Medical boards
58. Power of Commissioner to require medical examination
59. Certificates
60. Power of Commonwealth to require medical examination
61. Service of copies of determinations and other documents by
Commissioner
PART V-REFERENCES TO COMPENSATION TRIBUNALS AND APPLICATIONS
TO PRESCRIBED COURTS
Division 1-Preliminary
62. Interpretation
63. References and applications to Tribunal or Court
Division 2-Constitution of Compensation Tribunals
64. Commonwealth Employees' Compensation Tribunals
65. Tenure of office
66. Remuneration of Tribunal
67. Leave of absence
68. Dismissal
69. Resignation
70. Vacation of office
71. Application of Officers' Rights Declaration Act
72. Certain provisions not to apply to persons constituting Tribunal
outside Australia
73. Oath or affirmation of allegiance and office
74. Person acting as Compensation Tribunal
75. Clerks and Deputy Clerks of Compensation Tribunals
Division 3-References to Compensation Tribunals
76. References to Compensation Tribunal
77. Extension of time for requesting reference
78. Documents to be forwarded by Commissioner to Clerk
79. Fixing of time and place for reconsideration
80. Procedure of Compensation Tribunal
81. Proceedings to be in public except in special circumstances
82. Representation before Compensation Tribunal
83. Powers of Compensation Tribunal
84. Reconsideration of matter or question by Compensation Tribunal
85. Costs of proceeding before Compensation Tribunal
86. Protection of Compensation Tribunals, representatives and witnesses
87. Disobedience to summons, &c.
88. Fees for witnesses
89. Offences in relation to Compensation Tribunal
Division 4-Applications to Prescribed Courts
90. Applications to prescribed Court
91. Extension of time for application
92. Hearing of application
93. Costs of applications
Division 5-References and Appeals from Compensation Tribunals
and Prescribed Courts
94. Appeals from Compensation Tribunals and prescribed Courts
94A. Reference of questions of law to Federal Court of Australia
95. Appeal to Federal Court of Australia
96. Exercise of jurisdiction of Commonwealth Industrial Court
PART VI-LIABILITIES ARISING OTHERWISE THAN UNDER THIS ACT
97. Interpretation
98. Compensation not payable to certain persons entitled to receive
Repatriation benefits
98A. Certain persons may request cessation of compensation payments
99. Compensation payable where damages recovered
100. Dependants not claiming compensation
101. Power of Commonwealth to request proceedings to be taken against
third party or to take such proceedings itself
102. Payment of damages by persons to Australia
103. Compensation not payable both under Act and under determination
PART VII-TRANSITIONAL
104. Application of Act to pre-existing injuries and diseases
105. Payments under previous Acts
106. Notices, claims, &c., under previous Acts
107. Determinations under previous Acts
108. Moneys and investments held under repealed Acts
PART VIII (Sections 109-114) (Repealed)
PART IX-MISCELLANEOUS
115. Jurisdiction of courts with respect to extra-territorial offences
116. Moneys paid to Commissioner for benefit of person
117. Provisions applicable on death of beneficiary
118. Assignment, set-off or attachment of compensation
119. Recovery of overpayments
119A. Deduction of overpayments of Repatriation pensions
120. Compensation payable to locally engaged overseas employees
121. Double benefits
122. Annual report
123. Regulations
THE SCHEDULES
FIRST SCHEDULE
Acts repealed
SECOND SCHEDULE
Oath and Affirmation
THIRD SCHEDULE
Oath and Affirmation
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - LONG TITLE SECT
An Act to make provision for Compensation in respect of Employees of the Commonwealth and certain other Persons by reason of Injury or Disease, or Loss or Destruction of, or Damage to, certain Property, occurring in Circumstances connected with their Employment
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 1.
Short title.SECT
PART I-PRELIMINARY
Substituted by No. 166, 1976, s. 3.
SECT
1. This Act may be cited as the Compensation (Commonwealth Government Employees) Act 1971.*1*
See notes to first article of this Chapter.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 2.
Commencement.Sub-section (1) amended by No. 166, 1976, s. 8.
SECT
2.*1* (1) Sections 1 and 2, Part II, Division 2 of Part V, Part VIII and sub-section (3) of section 123 shall come into operation on the day on which this Act receives the Royal Assent.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
Section 3 repealed by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.
* * * * * * * *
See notes to first article of this Chapter.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 4.
Repeal.Sub-section (1) amended by No. 166, 1976, s. 8.
SECT
4. (1) The Acts specified in Schedule 1 are repealed.
(2) Notwithstanding section 8 of the Acts Interpretation Act 1901-1966, the Commonwealth is not liable, on or after the proclaimed date, to make any payments under the Commonwealth Workmen's Compensation Act 1912 or the Commonwealth Employees' Compensation Act 1930-1971 but section 8 of the Acts Interpretation Act 1901-1966 otherwise applies in relation to the repeals effected by the last preceding sub-section to the extent to which its application would not be inconsistent with the operation of any provision of this Act.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 5.
Interpretation.Sub-section (1) amended by No. 122, 1972, s. 4; No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3; No. 166, 1976, s. 8; No. 111, 1979, s. 3.
SECT
5. (1) In this Act, unless the contrary intention appears-
"adoption" means adoption in pursuance of the law of a State or Territory or of a country other than Australia;
"child in relation to whom this Act applies" means-
(a) a person under the age of sixteen years; or
(b) a person who-
(i) has attained the age of sixteen years but is under the age of twenty-five years;
(ii) is receiving full time education at a school, college or university; and
(iii) is not ordinarily in employment or engaged in work on his own account;
"Compensation Tribunal" means a Commonwealth Employees' Compensation Tribunal established under section 64;
"dependant ", in relation to a deceased employee, means-
(a) the spouse, father, mother, step-father, step-mother, mother-in-law, grandfather, grandmother, son, daughter, step-son, step-daughter, grandson, granddaughter, brother, sister, half-brother or half-sister of the employee;
(b) a person in relation to whom the employee stood in loco parentis or who stood in loco parentis to the employee; or
(c) a woman who, throughout the period of three years immediately before the date of the death of the employee, although not legally married to him, lived with him as his wife on a permanent and bona fide domestic basis,
being a person who was wholly or partly dependent upon the employee at the date of the death of the employee;
"dependent" means dependent for economic support;
"disease" includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden onset or gradual development;
"employee" means a person to and in relation to whom this Act applies by virtue of section 7;
"injury" means any physical or mental injury and includes the aggravation, acceleration or recurrence of any physical or mental injury but, subject to section 29, does not include a disease or the aggravation, acceleration or recurrence of a disease;
"Judge" includes-
(a) an Acting Judge;
(b) a person appointed to judicial office and having the rank and style of Judge; and
(c) a person appointed to acting judicial office and having the rank and style of Acting Judge;
"loss ", in relation to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by an employee, includes destruction;
"medical treatment" means-
(a) medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner;
(b) therapeutic treatment obtained at the direction of a legally qualified medical practitioner;
(c) dental treatment by, or under the supervision of, a legally qualified dentist;
(d) therapeutic treatment by, or under the supervision of, a physiotherapist or masseur registered under the law of a State or Territory providing for the registration of physiotherapists or masseurs, as the case may be;
(e) an examination, test or analysis carried out on, or in relation to, an employee at the request or direction of a legally qualified medical practitioner or legally qualified dentist and the provision of a report in respect of such an examination, test or analysis;
(f) the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance;
(g) treatment and maintenance as a patient at a hospital;
(h) nursing attendance, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or
(j) treatment provided or arranged by the Director-General of Social Services in pursuance of Part VIII of the Social Services Act 1947-1971 and maintenance while receiving such treatment;
"overtime" includes-
(a) any duty on shifts or on Saturdays, Sundays or other holidays; and
(b) excess travelling time;
"permanent" means likely to continue indefinitely;
"prescribed authority of the Commonwealth" means-
(a) a body corporate that is incorporated for a public purpose by a law of the Commonwealth other than such a body corporate that is declared by the regulations to be a body corporate in relation to which this Act does not apply; and
(b) a body corporate that is incorporated for a public purpose by a law of a Territory and is declared by the regulations to be a body corporate in relation to which this Act applies;
"prescribed Court" means-
(a) the Workers' Compensation Commission of New South Wales;
(b) the Industrial Court of South Australia;
(c) a court of a State (other than New South Wales or South Australia) or of a Territory, being a court that has limited civil jurisdiction in personal actions and can be constituted only by a Judge;
(d) a court that has limited civil jurisdiction in personal actions and can be constituted only by a Judge or a stipendiary magistrate, being a court of a State (other than New South Wales or South Australia) or of a Territory in which there is no court of a kind referred to in the last preceding paragraph; or
(e) any other court that has limited civil jurisdiction in personal actions, being a court of a State (other than New South Wales or South Australia) or of a Territory in which there is no court of a kind referred to in either of the last two preceding paragraphs;
"separate living accommodation ", in relation to an employee, means living accommodation provided for the exclusive use of the employee, or of the employee and his family, being accommodation that includes cooking, bathing and sanitary facilities;
"spouse ", in relation to an aboriginal native, or a deceased aboriginal native, of Australia or of an external Territory, includes a person who is or was recognized as the husband or wife of that aboriginal native by the custom prevailing in the tribe or group of aboriginal natives of Australia or of such a Territory to which that aboriginal native belongs or belonged;
"the Clerk ", in relation to a Compensation Tribunal, means the Clerk of that Compensation Tribunal, and includes a Deputy Clerk of that Compensation Tribunal;
"the Commissioner" means-
(a) subject to the next succeeding paragraph, the person holding office as the Commissioner for Employees' Compensation, including a person appointed to act as the Commissioner for Employees' Compensation; and
(b) in relation to the receipt, holding or payment of, or other dealing with, moneys or the acquisition, holding or disposal of other property-the corporation established by section 9;
"the proclaimed date" means the date fixed by Proclamation under sub-section (2) of section 2;
"therapeutic treatment" includes an examination, test or analysis for the purpose of diagnosing, or treatment for the purpose of alleviating, an injury.
(2) For the purposes of paragraph (a) of the definition of "dependant" in the last preceding sub-section, relationships referred to in that paragraph shall be taken to include illegitimate relationships and relationships by adoption and relationships that are traced through illegitimate relationships or relationships by adoption.
Inserted by No. 92, 1974, s. 3.SECT
(2A) For the purposes of paragraphs (c), (d) and (e) of the definition of "prescribed Court" in sub-section (1), a court that does not have jurisdiction to hear a personal action if the amount claimed in that action is more than a specified amount shall be taken to be a court that has limited civil jurisdiction in personal actions notwithstanding that a verdict may be returned or a judgment may be given in that action for an amount greater than that specified amount.
(3) For the purposes of this Act, a person shall be deemed to have been wholly or partly dependent upon an employee at the date of the death of the employee if the person would have been so dependent but for an incapacity of the employee that resulted from an injury.
(4) For the purposes of this Act other than sub-section (5) of section 43, a son or daughter of a deceased employee who was born alive after the death of the employee shall be treated as if he or she had been born immediately before the death of the employee and was wholly dependent upon the employee at the date of his death.
(5) In ascertaining for the purposes of this Act whether a child is or was dependent upon an employee, any amount of child endowment paid or payable in respect of the child under Part VI of the Social Services Act 1947-1971 shall not be taken into account.
(6) A reference in this Act to an injury to an employee shall, unless the contrary intention appears, be read as a reference to an injury to the employee in respect of which the Commonwealth is liable to pay compensation under this Act.
(7) A reference to an employee in a provision of this Act that is applicable to an employee at a time after the Commonwealth has incurred a liability in relation to the employee under this Act shall, unless the contrary intention appears, be read as including a reference to a person who has ceased to be an employee.
Amended by No. 166, 1976, s. 8.SECT
(8) A reference in this Act to the institution of a proceeding under Part V in respect of a determination shall be read as a reference to the making of a request under paragraph (a) of sub-section (1) of section 63 in respect of a matter or question to which the determination relates or to the making of an application under paragraph (b) of sub-section (1) of that section in respect of the determination.
(9) Where a Compensation Tribunal or a Court varies a determination, or sets aside a determination and makes a determination in substitution for the determination so set aside, the determination as so varied or the substituted determination shall, for the purposes of this Act other than section 61 and Part V, unless the contrary intention appears, be deemed to be a determination of the Commissioner.
Amended by No. 166, 1976, s. 8.SECT
(10) In this Act, unless the contrary intention appears, a reference to a loss to an employee includes a reference to an impairment of speech of the employee referred to in sub-section (10) of section 39.
(11) For the purposes of this Act-
(a) the death, or a disfigurement, incapacity or disablement, of an employee, or a loss suffered by an employee, shall be taken to have resulted from an injury to the employee, from a disease contracted by the employee or from an aggravation, acceleration or recurrence of a disease suffered by the employee if the injury, the disease or the aggravation, acceleration or recurrence, as the case may be, contributed to the death, disfigurement, incapacity, disablement or loss; and
(b) the loss of, or damage to, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by an employee shall be taken to have resulted from an accident if the accident contributed to the loss or damage.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 6.
Application of Act.Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3; No. 166, 1976, s. 8.
SECT
6. Subject to section 120, this Act applies within and outside Australia and extends to all the Territories.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 7.
Persons in relation to whom Act applies.Sub-section (1) amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.
SECT
7. (1) Subject to this section, this Act applies to and in relation to a person who is employed by the Commonwealth or by a prescribed authority of the Commonwealth whether he is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3; No. 155, 1979, s. 3.SECT
(2) Without limiting by implication the generality of the last preceding sub-section-
(a) a member of the Australian Federal Police or of the Police Force of the Northern Territory;
(b) a member of the Defence Force; or
(c) a person (other than a person to whom the next succeeding sub-section applies) who is the holder of or is acting in-
(i) an office that is established by a law of the Commonwealth other than an office that is declared by the regulations to be an office in relation to which this Act does not apply; or
(ii) an office that is established by a law of a Territory and is declared by the regulations to be an office in relation to which this Act applies,
shall, for the purposes of this Act, be deemed to be employed by the Commonwealth, and his employment shall, for those purposes, be deemed to be constituted by his performance of his duties as such a member of the Australian Federal Police, member of the Police Force of the Northern Territory or member of the Defence Force or the duties of that office, as the case may be.
(3) A person who-
(a) constitutes, or is acting as the person constituting, a prescribed authority of the Commonwealth; or
(b) is, or is acting as, a member of such an authority or is a deputy of such a member,
shall, for the purposes of this Act, be deemed to be employed by that authority, and his employment shall, for those purposes, be deemed to be constituted by his performance of the duties of the authority, his duties as such a member or person acting as such a member or his duties as such a deputy, as the case may be.
(4) A person who is ordinarily engaged for employment at a pre-arrang ed place at which employers engage persons for employment and whose last employer under an engagement at that place was the Commonwealth or a prescribed authority of the Commonwealth shall, for the purposes of this Act, be deemed to be employed by the Commonwealth or that authority, as the case may be, until he is next engaged under such an engagement, and his employment shall, for those purposes, be deemed to be constituted by his attendance at that place for the purpose of seeking such an engagement, but this sub-section does not operate to render the Commonwealth liable to pay compensation in respect of an injury to an employee sustained during an attendance to which this sub-section applies if the injury was sustained by reason that he voluntarily and unreasonably subjected himself to an abnormal risk of injury.
(5) The regulations may provide-
(a) that a person who is included in a prescribed class of persons, being a class of persons who engage in activities or perform any acts at the request or direction, for the benefit, or in pursuance of a requirement made by or under a law, of the Commonwealth, or at the request or direction, or for the benefit, of a prescribed authority of the Commonwealth, shall, for the purposes of this Act, be deemed to be employed by the Commonwealth or by that authority, as the case may be; and
(b) that the employment of the person shall, for those purposes, be deemed to be constituted by the performance by the person of such acts, or of acts included in such classes of acts, as are prescribed.
Amended by No. 111, 1979, s. 4.SECT
(6) For the purposes of the application of this Act in relation to a person employed by a prescribed authority of the Commonwealth, references in this Act (except in sub-section (3) of section 52) to the Commonwealth shall be read as references to that authority.
Amended by No. 122, 1972, s. 5; No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(7) This Act does not apply to or in relation to-
(a) a member of the Parliament or a Minister of State;
(b) a person who is a Judge as defined by section 4 of the Judges' Pensions Act 1968;
(c) an officer or employee of the Public Service of a Territory not forming part of the Commonwealth; or
(d) a seaman to and in relation to whom the Seamen's Compensation Act 1911-1971 applies.
Amended by No. 105, 1973, s. 3.SECT
(8) This Act does not apply in relation to service of a member of the Defence Force in respect of which provision for the payment of pension is made by the Repatriation Act 1920-1973 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956-1966, the Repatriation (Special Overseas Service) Act 1962-1968, the Interim Forces Benefits Act 1947-1966 or the Native Members of the Forces Benefits Act 1957-1968.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 7A.
Public Service of Northern Territory.Inserted by No. 68, 1978, s. 3.
SECT
7A. (1) This section applies to a person who, on or after 1 July 1978, is employed by the Northern Territory, whether he is so employed under a law of the Northern Territory or under a contract of service or apprenticeship.
(2) Subject to this section, this Act has effect on and after 1 July 1978 in relation to a person to whom this section applies as if references in this Act (other than this section and section 7B) to the Commonwealth were references to the Northern Territory.
Amended by No. 111, 1979, s. 5; No. 155, 1979, s. 3.SECT
(3) Sub-section (2) does not apply to-
(a) a reference in this Act to a law of the Commonwealth, a prescribed authority of the Commonwealth, a Territory forming part of the Commonwealth or a Commonwealth Employees' Compensation Tribunal;
(b) a reference to the Commonwealth in sub-section (2) of section 4, sub-section (2) of section 7, sub-section (7) of section 45, sub-section (3) of section 46, sub-section (3) of section 52, paragraph (d) of sub-section (4) of section 52 or Part VII; or
(c) the reference to the Public Service of the Commonwealth in paragraph (b) of sub-section (1) of section 123.
(4) This section does not have effect in relation to-
(a) an injury sustained or a disease contracted before 1 July 1978;
(b) an aggravation, acceleration or recurrence of a disease suffered before that date; or
(c) loss or damage of a kind referred to in section 28 suffered before that date.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 7B.
Northern Territory to pay compensation in respect of certain other persons.Inserted by No. 68, 1978, s. 3.
SECT
7B. (1) Sub-section (2) applies to-
(a) employment of a person that is, in accordance with sub-section (2) of section 7, deemed to be employment of the person by the Commonwealth by reason of his performance of his duties as a member of the Police Force of the Northern Territory or the duties of an office of the Northern Territory; or
(b) employment of a person by an authority of the Northern Territory, including employment of a person that is, in accordance with sub-section (3) of section 7, deemed to be employment of the person by such an authority by reason of his performance of the duties of the authority, his duties as a member of the authority or person acting as such a member or his duties as a deputy of such a member.
(2) Any payments of compensation under this Act that, but for this section, would be payable by the Commonwealth on or after 1 July 1978 to or in relation to a person by reason of employment to which this sub-section applies, not being compensation in respect of-
(a) an injury sustained or a disease contracted before 1 July 1978;
(b) an aggravation, acceleration or recurrence of a disease suffered before that date; or
(c) loss or damage of a kind referred to in section 28 suffered before that date,
shall be payable by the Northern Territory and not by the Commonwealth.
(3) In this section-
"authority of the Northern Territory" means a body corporate to which paragraph (b) of the definition of "prescribed authority of the Commonwealth " in sub-section (1) of section 5 applies, being a body incorporated by a law of the Northern Territory;
"office of the Northern Territory" means an office that is established by a law of the Northern Territory and is an office to which sub-paragraph (ii) of paragraph (c) of sub-section (2) of section 7 applies.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 8.
Employment to include attendance at certain places.Sub-section (1) amended by No. 166, 1976, s. 8.
SECT
8. (1) For the purposes of this Act, the employment of an employee by the Commonwealth includes the attendance of the employee at a university, school or other place of education, training or research-
(a) as a condition of his employment by the Commonwealth; (b) at the request or direction of the Commonwealth; or
(c) with the approval of the Commonwealth,
other than an attendance to which paragraph (c) applies as part of a full time course of study, training or research for the purposes of which the employee has been granted leave of absence from his employment without salary, wages or pay.
Amended by No. 166, 1976, s. 8.SECT
(2) For the purposes of this Act, the employment of an employee by the Commonwealth includes the attendance of the employee at a place-
(a) in order to undergo an examination, or to obtain a medical certificate, for the purposes of this Act;
(b) in connexion with the replacement or repair of an artificial limb or other artificial substitute, or of a medical, surgical or other similar aid or appliance, in respect of which compensation is payable under section 28;
(c) in order to receive medical treatment in respect of the cost of which compensation is payable under section 37;
(d) in order to undergo vocational training provided in pursuance of section 38;
(e) in order to receive compensation payable to him under this Act; or
(f) in order to receive any moneys that are due to him under the terms of his employment and, in pursuance of the terms of his employment or any agreement or arrangement between him and the Commonwealth, are available, or are reasonably expected by him to be available, for collection by him at that place.
Substituted by No. 122, 1972, s. 6; amended by No. 166, 1976, s. 8.SECT
(3) For the purposes of this Act other than section 32, the employment of an employee by the Commonwealth includes the attendance of the employee at his place of employment or, if his living accommodation is accommodation to which sub-section (1), (2) or (3) of section 34 applies, at that accommodation (other than a part of that place, or of that accommodation, constituting separate living accommodation of the employee or another employee) at any time during a period when he is not required to engage in his employment, where the attendance is reasonably incidental to his employment.
Amended by No. 166, 1976, s. 8.SECT
(4) Without limiting by implication the generality of the last preceding sub-section, the attendance of an employee at his place of employment shall be taken, for the purposes of that sub-section, to be reasonably incidental to his employment if-
(a) the attendance occurred during an ordinary recess in his employment;
(b) immediately before the commencement of the period of the attendance he made a journey that is, by reason of section 33, to be deemed for the purposes of sub-section (1) of section 32 to have been a journey to his employment; or
(c) immediately after the expiration of the period of the attendance he made, or intended to make, a journey that, by reason of section 33, is to be, or would have been, deemed for the purposes of sub-section (1) of section 32 to have been a journey from his employment.
Amended by No. 122, 1972, s. 6.SECT
(5) For the purposes of this Act other than section 32, the employment of an employee by the Commonwealth includes the attendance of the employee at any place (other than a place constituting separate living accommodation of the employee or another employee) from which, by the terms of his employment, he is not at the time of the attendance at liberty to absent himself.
(6) This section does not operate to render the Commonwealth liable to pay compensation in respect of an injury to an employee sustained during an attendance to which this section applies if the injury was sustained by reason that he voluntarily and unreasonably subjected himself to an abnormal risk of injury.
(7) This section shall not be construed as limiting by implication the generality of any other provision of this Act.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 9.
Commissioner for Employees' Compensation.SECT
PART II-COMMISSIONER FOR EMPLOYEES'
COMPENSATION
9. (1) For the purposes of this Act there shall be a Commissioner for Employees' Compensation, who shall be appointed by the Governor-General.
(2) The Commissioner-
(a) is a corporation sole under the name of "Commissioner for Employees' Compensation ";
(b) has perpetual succession;
(c) shall have an official seal; and
(d) is capable, in his corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.
(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commissioner affixed to a document and shall presume that it was duly affixed.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 10.
Tenure of office.SECT
10. (1) Subject to this Part, the Commissioner holds office for such period, not exceeding seven years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
(2) A person who has attained the age of sixty-five years shall not be appointed or re-appointed as the Commissioner, and a person shall not be appointed or re-appointed as the Commissioner for a period that extends beyond the date on which he will attain the age of sixty-five years.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 11.
Remuneration of Commissioner.Substituted by No. 92, 1974, s. 4.
SECT
11. (1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.
(2) The Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 12.
Leave of absence.SECT
12. The Minister may grant leave of absence to the Commissioner upon such terms and conditions as to salary or otherwise as the Minister determines.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 13.
Dismissal.SECT
13. The Governor-General may terminate the appointment of the Commissioner for inefficiency, misbehaviour or physical or mental incapacity.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 14.
Resignation.SECT
14. The Commissioner may resign his office by writing under his hand delivered to the Governor-General but the resignation does not have effect until it is accepted by the Governor-General.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 15.
Vacation of office.SECT
15. (1) If the Commissioner-
(a) engages in paid employment outside the duties of his office without the approval of the Minister;
(b) absents himself from duty for fourteen consecutive days, or for twenty-eight days in any twelve months, without leave granted by the Minister; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit,
the Governor-General shall, by notice in the Gazette, terminate the appointment of the Commissioner.
(2) The Minister shall not give an approval for the purposes of paragraph (a) of the last preceding sub-section unless he is satisfied that the paid employment will not interfere with the performance of the duties of the Commissioner under this Act.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 16.
Rights of public servant appointed as Commissioner.Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3; No. 166, 1976, s. 8.
SECT
16. If a person appointed to the office of Commissioner, was immediately before his appointment, an officer of the Australian Public Service-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as the Commissioner shall be taken into account as if it were service in the Australian Public Service.
Section 17 repealed by No. 111, 1979, s. 6.
* * * * * * * *
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 18.
Oath or affirmation of allegiance and office.Sub-section (1) amended by No. 166, 1976, s. 8.
SECT
18. (1) The Commissioner shall, before proceeding to discharge the duties of his office, make an oath or affirmation in accordance with the form of oath or affirmation in Schedule 2.
(2) The oath or affirmation shall be made before a justice of the peace or a commissioner for affidavits.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 19.
Acting Commissioner.SECT
19. (1) Where the Commissioner is, or is expected to be, absent from duty, or there is a vacancy in the office of Commissioner, the Governor-General may appoint a person to act as the Commissioner during the absence or until the filling of the vacancy, but a person so appointed by reason of a vacancy in the office of Commissioner shall not act as the Commissioner for a continuous period of more than twelve months.
(2) Where a person has been appointed to act as the Commissioner during an absence from duty of the Commissioner and the Commissioner ceases to hold office without having resumed duty, the period of appointment of the person so appointed shall be deemed to continue until it is terminated by the Governor-General, or until the expiration of twelve months from the date on which the Commissioner ceases to hold office, whichever first happens.
(3) The Governor-General may at any time terminate an appointment under this section.
Amended by No. 166, 1976, s. 8.SECT
(4) Sections 12, 14 and 18 apply in relation to a person appointed under this section in like manner as they apply in relation to the Commissioner.
(5) Subject to this section, the Governor-General may determine the terms and conditions of an appointment under this section.
(6) A person appointed to act as the Commissioner has all the powers and functions of the Commissioner under this Act.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 20.
Functions and powers of the Commissioner.SECT
20. (1) Subject to this Act, the function of the Commissioner under this Act is to determine all matters and questions arising under this Act and the Commissioner is empowered to do all things necessary for the carrying out of that function.
(2) In determining any matter or question under this Act, the Commissioner-
(a) shall be guided by equity, good conscience and the substantial merits of the case without regard to technicalities; and
(b) is not required to hold a formal or oral hearing and is not bound by the rules of evidence but shall give to any person who will be directly affected by the determination a fair opportunity of presenting his case.
(3) A determination by the Commissioner shall be in writing.
(4) Where a determination has been made under this Act-
(a) the Commissioner may, of his own motion, whether or not a proceeding has been instituted or completed under Part V in respect of the determination, reconsider the determination and may, if he thinks fit, make a determination varying or revoking the first-mentioned determination; and
(b) the Commissioner shall, at the request of the Commonwealth or of the claimant or, where there is more than one claimant whose claim was dealt with by the determination, of any of the claimants, if a proceeding has not been instituted under Part V in respect of the determination, reconsider the determination and may, if he thinks fit, make a determination varying or revoking the first-mentioned determination.
(5) Where-
(a) a proceeding has been instituted under Part V in respect of a determination by the Commissioner;
(b) before the completion of the proceeding, the Commissioner makes, under paragraph (a) of the last preceding sub-section, a determination varying or revoking the first-mentioned determination; and
(c) the proceeding is rendered abortive by reason of the later determination,
the Commonwealth is liable to reimburse the claimant, or, if there is more than one claimant whose claim was dealt with by the determination, to reimburse each of the claimants, for any costs reasonably incurred by him in connexion with that proceeding.
Substituted by No. 166, 1976, s. 4.SECT
(6) Where-
(a) a determination has been made under this Act, whether before or after the commencement of this sub-section;
(b) a request has been made (whether before or after the commencement of this sub-section) under paragraph (b) of sub-section (4) for the reconsidera tion of that determination by the Commissioner; and
(c) after the commencement of this sub-section, the Commissioner, in pursuance of that request-
(i) makes a determination varying or revoking the first-mentione d determination (whether or not, where he revokes the first-mentioned determination, he makes a new determination in substitution for that first-mentioned determination); or
(ii) decides not to vary or revoke that first-mentioned determination,
the Commonwealth is, subject to sub-section (7), liable to reimburse a claimant affected by that first-mentioned determination for any costs reasonably incurred by him in relation to that first-mentioned determination after it was made and before the Commissioner notifies him of the making of the determination or decision referred to in paragraph (c).
Added by No. 166, 1976, s. 4.SECT
(7) Sub-section (6) does not apply in relation to costs incurred by a claimant who made a request referred to in paragraph (b) of that sub-section unless the reconsideration has had a result favourable to the claimant.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 21.
Bank accounts.SECT
21. (1) For the purposes of this Act, the Commissioner may open and maintain an account or accounts, in Australia or elsewhere, with an approved bank or approved banks and shall maintain at all times at least one such account.
(2) The Commissioner shall pay all moneys received by him into an account referred to in this section, and sections 27 to 30 (inclusive) of the Audit Act 1901-1969 do not apply in relation to those moneys.
(3) In this section, "approved bank" means the Reserve Bank of Australia or a bank approved by the Treasurer for the purposes of this section.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 22.
Proper accounts to be kept.SECT
22. (1) The Commissioner shall cause proper accounts and records to be kept, in relation to moneys and investments held by him, and shall do all things necessary to ensure that all payments out of moneys held by him are correctly made and properly authorized and that adequate control is maintained over moneys and investments held by him.
(2) The Commissioner shall, at least once in each year, submit the accounts and records kept in accordance with the last preceding sub-section to t he Auditor-General for inspection and audit.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 23.
Audit.SECT
23. (1) The Auditor-General shall inspect and audit the accounts and records kept in accordance with the last preceding section and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in the last preceding sub-section.
Amended by No. 166, 1976, s. 8.SECT
(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1).
(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commissioner relating directly or indirectly to the receipt or payment of moneys by the Commissioner or to the acquisition, management or disposal of investments by the Commissioner.
(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.
(7) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon conviction, by a fine not exceeding Two hundred dollars.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 24.
Delegation by Commissioner.Sub-section (1) amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.
SECT
24. (1) The Commissioner may, by instrument in writing, delegate to an officer of, or a person employed by, the Commonwealth, a prescribed authority of the Commonwealth or the Administration of a Territory, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act, except this power of delegation.
(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and this Act has effect in relation to the exercise of the power or the performance of the function by the delegate as if a reference in this Act to the Commissioner were a reference to the delegate.
(3) A delegation under this section is revocable in writing at will and does not prevent the exercise of a power or the performance of a function by the Commissioner.
Amended by No. 166, 1976, s. 8.SECT
(4) A person to whom a power or function has been delegated under this section shall, before proceeding to exercise that power or perform that function, make an oath or affirmation in accordance with the form of oath or affirmation in Schedule 3.
(5) The oath or affirmation shall be made before a justice of the peace or a commissioner for affidavits.
(6) The Commissioner shall-
(a) cause a register to be kept for the purposes of this section; and
(b) cause to be entered in the register particulars of any delegation in force under this section.
(7) The register kept in pursuance of the last preceding sub-section shall be open to inspection by the public at the office of the Commissioner at any reasonable time.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 25.
Average weekly earnings.SECT
PART III-COMPENSATION
25. (1) For the purposes of this Part, the average weekly earnings of an employee before an injury shall be calculated in accordance with this section.
Amended by No. 92, 1974, s. 6.SECT
(2) A reference in the succeeding provisions of this section to earnings of an employee in relation to any employment shall be read as including a reference to any allowance payable to the employee in respect of that employment other than an allowance that is payable in respect of special expenses incurred or likely to be incurred by the employee in respect of that employment.
(3) Where an employee was, at the date of the injury, employed by the Commonwealth only in part time employment or in employment in respect of which the employee was not paid, any earnings of the employee from any other employment shall be treated for the purposes of this section as if they were earnings of the employee from his employment by the Commonwealth.
(4) Subject to the succeeding provisions of this section, the average weekly earnings of an employee before the injury shall be calculated in relation to the period immediately preceding the date of the injury in which he was continuously employed by the Commonwealth but any part of that period that was earlier than twelve months before that date shall be disregarded.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(5) Subject to the next succeeding sub-section, if, during the period ascertained in accordance with the last preceding sub-section, the minimum amount per week payable to the employee in respect of his employment by the Commonwealth was varied as a result of the operation of a law of the Commonwealth or of a State or Territory, or as a result of the making, alteration or operation of an award, order, determination or industrial agreement, or of the doing of any other act or thing, under such a law, so much of that period as occurred before the variation took place or, if there was more than one variation, before the last variation took place, shall be disregarded for the purposes of the last preceding sub-section.
Amended by No. 166, 1976, s. 8.SECT
(6) Where-
(a) as a result of a variation in the minimum amount per week payable to the employee in respect of his employment by the Commonwealth, a period that occurred before the variation took place would, by reason of the last preceding sub-section, be disregarded for the purposes of sub-section (4); and
(b) if that period were so disregarded, it would be impracticable to calculate the average weekly earnings of the employee before the injury in accordance with sub-section (4), or the average weekly earnings as so calculated would not fairly represent the rate per week at which the employee was being remunerated in respect of that employment before the injury,
that period shall not be so disregarded but the average weekly earnings of the employee during that period shall be taken to be the amount that would have been his average weekly earnings during that period if the variation had taken effect at the commencement of that period.
Amended by No. 166, 1976, s. 8.SECT
(7) If, during any part of the period in relation to which the average weekly earnings of the employee before the injury are required to be calculated by virtue of the last three preceding sub-sections, the earnings of the employee were reduced, or the employee did not receive any earnings, by reason that he was absent from his employment owing to illness or otherwise, that part of that period shall be disregarded for the purposes of sub-section (4).
(8) Where, by reason of the shortness of the period during which the employee has been employed by the Commonwealth, it is impracticable to calculate the average weekly earnings of the employee before the injury in accordance with the last four preceding sub-sections, or the average weekly earnings as so calculated would not fairly represent the rate per week at which the employee was being remunerated in respect of that employment before the injury, the average weekly earnings, as calculated in accordance with the preceding provisions of this section, from employment by the Commonwealth before the date of the injury of an employee who was performing comparable work shall be taken to be the average weekly earnings of the first-mentioned employee before the injury.
Substituted by No. 92, 1974, s. 6.SECT
(9) Subject to the following provisions of this section, if the minimum amount per week payable to the employee in respect of the employment by the Commonwealth in which he was engaged at the date of the injury is increased, or would if he had continued in that employment have been increased, by reason of-
(a) the attainment by the employee of a particular age;
(b) the completion by the employee of a particular period of service; or
(c) the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to him or to the office, position or appointment held by him,
a reference in this Part to the average weekly earnings of the employee before the injury shall be read as a reference to the amount that is, by virtue of the foregoing provisions of this section, to be taken to be the amount of those average weekly earnings, increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.
Inserted by No. 92, 1974, s. 6.SECT
(9A) Subject to the following provisions of this section, if the employee continues after the date of the injury to be employed by the Commonwealth and the minimum amount per week payable to the employee in respect of that employment is increased by reason of the promotion of the employee, a reference in this Part to the average weekly earnings of the employee before the injury shall be read as a reference to the amount that is, by virtue of the foregoing provisions of this section, to be taken to be the amount of those average weekly earnings, increased by the same percentage as the percentage by which the minimum amount per week payable to the employee is increased by reason of that promotion.
Amended by No. 92, 1974, s. 6; No. 166, 1976, s. 8.SECT
(10) Subject to the following provisions of this section, where-
(a) the relevant employment of an employee is employment referred to in sub-section (4) or sub-section (5) of section 7 or sub-section (2) of section 8; and
(b) the employee is not in receipt of earnings from any other employment at the date of the injury,
a reference in this Part to the average weekly earnings of the employee before the injury shall be read as a reference to an amount determined by the Commissioner to be the amount per week that the employee would have been able to earn at the date of the injury (including any amount that he would have been able to earn in respect of overtime) if he had engaged in suitable paid employment.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(11) If the minimum amount per week payable in respect of employees included in a class of employees in which the employee was included at the date of the injury is increased or reduced on or after that date as a result of the operation of a law of the Commonwealth or of a State or Territory, or as a result of the making, alteration or operation of an award, order, determination or industrial agreement, or of the doing of any other act or thing, under such a law, the amount that is, by virtue of the preceding provisions of this section, to be taken to be the amount of the average weekly earnings of the employee before the injury shall be increased or reduced by the same percentage as the percentage by which that minimum amount was so increased or reduced, as the case may be.
Inserted by No. 92, 1974, s. 6.SECT
(11A) If the amount of the average weekly earnings of an employee before the injury as calculated in accordance with the foregoing provisions of this section would exceed-
(a) in the case of an employee who continues to be employed by the Commonwealth-the amount per week of the earnings that the employee would receive if the employee were not totally or partially incapacitated for work; or
(b) in the case of an employee who has ceased to be employed by the Commonwealth-
(i) the amount per week of the earnings that the employee would receive if the employee had continued to be employed by the Commonwealth in the employment in which he was engaged at the date of the injury; or
(ii) the amount per week of the earnings that the employee would receive if the employee had continued to be employed by the Commonwealth in the employment in which he was engaged at the date on which his employment by the Commonwealth ceased,
whichever is the greater,
the amount so calculated shall be deemed to be reduced by the amount of the excess.
(12) In this section, "earnings" includes earnings in respect of overtime.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 26.
Employee deemed to be totally incapacitated if employment for which he is
fitted is not available.SECT
26. For the purposes of this Part, an employee shall be deemed to be totally incapacitated for work if his incapacity is such that he is fitted only for employment of a kind that is not commonly available and employment of that kind is not reasonably available to him.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 27.
Compensation for personal injuries.SECT
27. (1) If personal injury arising out of or in the course of the employment of an employee by the Commonwealth is caused to the employee, the Commonwealth is, subject to this Act, liable to pay compensation in respect of that injury in accordance with this Act.
(2) If an injury to an employee is intentionally self-inflicted, the Commonwealth is not liable under the last preceding sub-section to pay compensation in respect of that injury.
Amended by No. 166, 1976, s. 8.SECT
(3) If an injury to an employee is not intentionally self-inflicted but is attributable to his serious and wilful misconduct, the Commonwealth is not liable under sub-section (1) to pay compensation in respect of that injury unless the injury results in the death or serious and permanent disablement of the employee.
(4) An amount of compensation payable under a provision of this Act in respect of an injury is, unless the contrary intention appears, in addition to any amounts of compensation paid or payable under any other provision of this Act in respect of that injury.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 28.
Compensation for damage to artificial limbs, &c.SECT
28. (1) Subject to this section, if an employee is involved in an accident arising both out of and in the course of the employment of the employee by the Commonwealth and the accident does not cause personal injury to the employee but results in the loss of, or damage to, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee, the Commonwealth is liable to pay to the employee compensation of an amount equal to the expenditure reasonably incurred by the employee in the necessary replacement or repair of the artificial limb or other artificial substitute or of the medical, surgical or other similar aid or appliance, as the case may be.
(2) For the purposes of the last preceding sub-section, expenditure incurred by an employee in the necessary replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or applicance shall be deemed to include any fees and charges paid or payable by the employee to a legally qualified medical practitioner, a legally qualified dentist or other qualified person for a consultation, examination, prescription or other service reasonably rendered in connexion with the replacement or repair.
(3) The Commonwealth is not liable to pay compensation under this section if the loss or damage is attributable to the serious and wilful misconduct of the employee.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 29.
Compensation in respect of death, loss, disfigurement or incapacity through
disease.SECT
29. (1) Where-
(a) an employee contracts a disease or suffers an aggravation, acceleration or recurrence of a disease; and
(b) any employment of the employee by the Commonwealth was a contributing factor to the contraction of the disease or to the aggravation, acceleration or recurrence, as the case may be, whether or not the disease was contracted or the aggravation, acceleration or recurrence was suffered in the course of that employment,
the succeeding provisions of this section have effect.
Amended by No. 166, 1976, s. 8.SECT
(2) If-
(a) the death of the employee;
(b) a loss to the employee of a kind referred to in section 39 or 40;
(c) facial disfigurement to the employee;
(d) a loss to the employee of the sense of taste or smell; or
(e) the total or partial incapacity for work of the employee,
results from the disease, or from the aggravation, acceleration or recurrence of the disease, or the employee obtained medical treatment in relation to the disease, or the aggravation, acceleration or recurrence of the disease, as the case may be, then, for the purposes of this Act, unless the contrary intention appears-
(f) the contraction of the disease, or the aggravation, acceleration or recurrence, as the case may be, shall be deemed to be a personal injury to the employee arising out of the employment of the employee by the Commonwealth; and
(g) the date of the death, the date of the loss, the date of the disfigurement, the date of the commencement of the incapacity or the date on which the medical treatment was first obtained, whichever is the earlier, shall be deemed to be the date of the injury.
(3) The last preceding sub-section does not apply in relation to a disease, or an aggravation, acceleration or recurrence of a disease, if the employee has at any time, for purposes connected with his employment or proposed employment by the Commonwealth, made a wilful and false representation that he did not suffer, or had not previously suffered, from that disease.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 30.
Certain diseases to be deemed to be contributed to by employment.SECT
30. Without limiting by implication the operation of the last preceding section, where-
(a) an employee has suffered or is suffering from a disease or the death of an employee results from a disease;
(b) the disease is a disease of a kind specified in the regulations as a disease that is related to employment of a kind so specified; and
(c) the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth in employment of that kind,
then, for the purposes of this Act, unless the contrary is established, the employment in which the employee was so engaged by the Commonwealth shall be deemed to have been a contributing factor to his contraction of the disease.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 31.
Provisions relating to diseases.SECT
31. (1) Any employment in which an employee who has contracted a disease was engaged by the Commonwealth at any time before symptoms of the disease first became apparent shall, unless the contrary is established, be taken for the purposes of this Act to have been a contributing factor to his contraction of the disease if the incidence of that disease among persons who have engaged in such employment is significantly greater than the incidence of that disease among persons who have engaged in employment generally in the place where the employee was ordinarily employed.
(2) Any employment in which an employee who has suffered an aggravation, acceleration or recurrence of the disease was engaged by the Commonwealth at any time before symptoms of the aggravation, acceleration or recurrence first became apparent shall, unless the contrary is established, be taken for the purposes of this Act to have been a contributing factor to the aggravation, acceleration or recurrence if the incidence of the aggravation, acceleration or recurrence of that disease among persons suffering from that disease who have engaged in such employment is significantly greater than the incidence of the aggravation, acceleration or recurrence of that disease among persons suffering from that disease who have engaged in employment generally in the place where the employee was ordinarily employed.
(3) The death of an employee shall be taken for the purposes of this Act to have been contributed to by a disease or by an aggravation, acceleration or recurrence of a disease, if, but for that disease, or that aggravation, acceleration or recurrence, as the case may be, the death of the employee would have occurred at a significantly later time.
(4) An incapacity for work or facial disfigurement of, or a loss suffered by, an employee shall be taken for the purposes of this Act to have been contributed to by a disease, or by an aggravation, acceleration or recurrence of a disease, if, but for that disease, or that aggravation, acceleration or recurrence, as the case may be-
(a) the incapacity, disfigurement or loss would not have occurred;
(b) the incapacity would have commenced, or the disfigurement or loss would have occurred, at a significantly later time; or
(c) the extent of the incapacity, disfigurement or loss would have been significantly less.
Amended by No. 166, 1976, s. 8.SECT
(5) This section shall not be construed as limiting by implication the generality of the provisions of section 29.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 32.
Journey to or from employment.SECT
32. (1) Subject to this section, this Act applies in relation to a journey by an employee to his employment by the Commonwealth (irrespective of the place at which the journey commenced) or in relation to a journey by an employee from his employment by the Commonwealth (irrespective of the place at which the journey is intended to end) as if the journey constituted part of his employment by the Commonwealth.
(2) The next two succeeding sections shall not be construed as limiting by implication the generality of the last preceding sub-section.
Amended by No. 166, 1976, s. 8.SECT
(3) Sub-section (1)-
(a) does not apply, and shall not be deemed to apply, in relation to a journey or a part of a journey by a route that is not reasonably direct having regard to the means of transport used unless-
(i) the journey or that part of the journey was made by that route for a reason connected with the employment of the employee by the Commonwealth; or
(ii) in the circumstances of the particular case, the nature of the risk of sustaining an injury, contracting a disease, suffering an aggravation, acceleration or recurrence of a disease or suffering loss of, or damage to, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee, as the case may be, was not substantially changed, and the extent of that risk was not substantially increased, by reason that the journey or that part of the journey was made by that route; and
(b) does not apply, and shall not be deemed to apply, in relation to a part of a journey made after a substantial interruption of the journey, being an interruption made for a reason unconnected with the employment of the employee by the Commonwealth, unless, in the circumstances of the particular case, the nature of the risk referred to in sub-paragraph (ii) of the last preceding paragraph was not substantially changed, and the extent of that risk was not substantially increased, by reason of that interruption.
Amended by No. 166, 1976, s. 8.SECT
(4) Where, on a day on which an employee has engaged in his employment, the employee makes a journey to or from his place of employment during an ordinary recess in his employment, the journey shall, for the purposes of sub-section (1), be deemed to be a journey to or from his employment by the Commonwealth, as the case may be.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 33.
Journey to or from place of employment.Sub-section (1) amended by No. 166, 1976, s. 8.
SECT
33. (1) Subject to this section and sections 35 and 36, where an employee (other than an employee to whom the next succeeding section applies) makes a journey to or from his place of employment, then-
(a) in the case of a journey to that place of employment-if the journey ended or would have ended during the period of one hour immediately before the time when he commenced work or would have commenced work (in this section called a "prescribed period "), the journey shall be deemed, for the purposes of sub-section (1) of the last preceding section, to have been a journey to his employment by the Commonwealth; and
(b) in the case of a journey from that place of employment-if the journey commenced during the period of one hour immediately after the time when he ceased work (in this section called a "prescribed period "), the journey shall be deemed, for the purposes of sub-section (1) of the last preceding section, to have been a journey from his employment by the Commonwealth.
(2) Where-
(a) an employee makes a journey in relation to which paragraph (a) of the last preceding sub-section does not apply by reason only that the journey ended or would have ended before the commencement of the prescribed period referred to in that paragraph; and
(b) the journey was made by the last means of transport-
(i) that was conveniently available for use by the employee;
(ii) that would ordinarily have enabled the employee to complete the journey before the time at which he intended to commence work; and
(iii) that was of a kind that the employee could, having regard to all the circumstances of the case, have been reasonably expected to use,
the journey shall be deemed to be a journey in relation to which that paragraph applies but, in that case, that paragraph does not apply in relation to any later journey by the employee that ended or would have ended during that period.
Amended by No. 166, 1976, s. 8.SECT
(3) Where-
(a) an employee makes a journey in relation to which paragraph (b) of sub-section (1) does not apply by reason only that the journey commenced after the expiration of the prescribed period referred to in that paragraph;
(b) the journey was made by the first means of transport-
(i) that was conveniently available for use by the employee;
(ii) that would ordinarily have enabled the employee to commence the journey after the time when he ceased work; and
(iii) that was of a kind that the employee could, having regard to all the circumstances of the case, have been reasonably expected to use; and
(c) the employee did not make an earlier journey from his place of employment after the commencement of that period,
the first-mentioned journey shall be deemed to be a journey in relation to which that paragraph applies.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 34.
Journey to or from living accommodation or to or from place of employment
within which living accommodation is situated.Sub-section (1) amended by No. 166, 1976, s. 8.
SECT
34. (1) Subject to sub-sections (4) and (5) and the next two succeeding sections, where an employee (other than an employee to whom either of the next two succeeding sub-sections applies) who is, as an incident of his employment and without charge to him, provided temporarily with living accommodation or receives an allowance in respect of his employment as compensation for temporarily providing his own living accommodation makes a journey to that living accommodation (other than a journey that is, for the purposes of sub-section (1) of section 32, a journey from his employment) or makes a journey from that living accommodation (other than a journey that is, for the purposes of sub-section (1) of section 32, a journey to his employment) during a period during which he is not required for work, then-
(a) in the case of a journey to that living accommodation-if the journey ended or would have ended during the period that commenced at eight o'clock in the evening of the day immediately preceding the day when he was next required for work and ended at the time when he was next required for work (in this section called a "prescribed period "), the journey shall be deemed, for the purposes of sub-section (1) of section 32, to have been a journey to his employment by the Commonwealth; and
(b) in the case of a journey from that living accommodation-if the journey commenced during the period that commenced when he last ceased to be required for work and ended at nine o'clock in the morning of the day immediately following the day on which he last ceased to be required for work (in this section called a "prescribed period "), the journey shall be deemed, for the purposes of sub-section (1) of section 32, to have been a journey from his employment by the Commonwealth.
Amended by No. 166, 1976, s. 8.SECT
(2) Subject to sub-sections (4) and (5) and the next two succeeding sections, where an employee who is, as an incident of his employment, provided with living accommodation situated within his place of employment and by the terms of his employment is not, or may not be, at certain times at liberty to absent himself from his place of employment makes a journey to or from his place of employment during a period during which he is at liberty to absent himself from his place of employment (in this sub-section called "the period of liberty "), then-
(a) in the case of a journey to that place of employment-if the journey ended or would have ended during the period (in this section called a "prescribed period ") that commenced at eight o'clock in the evening of the day immediately preceding the day on which the period of liberty ended and ended at the expiration of the period of liberty, the journey shall be deemed, for the purposes of sub-section (1) of section 32, to have been a journey to his employment by the Commonwealth; and
(b) in the case of a journey from that place of employment-if the journey commenced during the period (in this section called a "prescribed period ") that commenced at the commencement of the period of liberty and ended at nine o'clock in the morning of the day immediately following the day on which the period of liberty commenced, the journey shall be deemed, for the purposes of sub-section (1) of section 32, to have been a journey from his employment by the Commonwealth.
Amended by No. 166, 1976, s. 8.SECT
(3) Subject to sub-sections (4) and (5) and the next two succeeding sections, where an employee who-
(a) is, as an incident of his employment, provided with living accommodation situated outside his place of employment; and
(b) by the terms of his employment-
(i) is required to reside at that living accommodation; and
(ii) is not, or may not be, at certain times at liberty to absent himself from that living accommodation,
makes a journey to that living accommodation (other than a journey that is, for the purposes of sub-section (1) of section 32, a journey from his employment) or makes a journey from that living accommodation (other than a journey that is, for the purposes of sub-section (1) of section 32, a journey to his employment) during a period during which he is at liberty to absent himself from that living accommodation and from his employment (in this sub-section called "the period of liberty "), then-
(3) The Commissioner may, in his discretion, pay any moneys referred to in the last preceding sub-section to the person or in accordance with the directions of the person or apply the moneys, in such manner as he thinks fit, for the benefit of the person.
(4) Where moneys are held by the Commissioner for the benefit of an employee who is under a legal disability, the Commissioner shall, when the employee ceases to be under a legal disability, pay the moneys to the employee or in accordance with the directions of the employee or, if the moneys have been invested, deal with the investments in accordance with the directions of the employee.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 117.
Provisions applicable on death of beneficiary.SECT
117. (1) Subject to this section, where a determination is made that an amount of compensation under this Act is payable to a person and the person dies before the amount is paid, the amount forms part of the estate of the person.
(2) Subject to the succeeding provisions of this section, where the Commissioner holds any moneys or investments for the benefit of a person in pursuance of this Act and that person dies, those moneys or investments form part of the estate of that person.
Amended by No. 166, 1976, s. 8.SECT
(3) Where, upon the death of the person, the amount of compensation referred to in sub-section (1) would be bona vacantia, that sub-section does not apply and, subject to sub-section (5), if the amount of compensation is held by the Commissioner, he shall repay the amount to the Commonwealth.
Amended by No. 166, 1976, s. 8.SECT
(4) Where, upon the death of the person, the moneys or investments referred to in sub-section (2) would be bona vacantia, that sub-section does not apply and, subject to the next succeeding sub-section, the Commissioner shall repay the moneys, or shall realize the investments and pay the proceeds of the realization, as the case may be, to the Commonwealth.
Amended by No. 166, 1976, s. 8.SECT
(5) Nothing in any of the preceding sub-sections of this section prevents the Commissioner from making a determination under sub-section (4) of section 20 that has the effect of rendering those sub-sections inoperative in a particular case.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 118.
Assignment, set-off or attachment of compensation.SECT
118. (1) An assignment of any compensation payable under this Act is void as against the Commonwealth.
(2) Except as provided by this Act, an amount payable by an employee or a dependant of a deceased employee to the Commonwealth shall not be set off against the amount of any compensation payable under this Act to the employee or for the benefit of the dependant.
Amended by No. 166, 1976, s. 6.SECT
(3) Except as provided by the Maintenance Orders (Commonwealth Officers) Act 1966 or by, or by regulations under, the Family Law Act 1975, any compensation payable under this Act is not subject to attachment.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 119.
Recovery of overpayments.SECT
119. (1) Where-
(a) an amount of compensation under this Act has been paid to a person in consequence of a false or misleading statement or representation or in consequence of a failure or omission to comply with a provision of this Act;
(b) an amount of compensation that has been paid to a person under this Act should not have been paid; or
(c) a person is liable to pay an amount to the Commonwealth under this Act,
the amount concerned is recoverable by the Commonwealth from the person as a debt due to the Commonwealth by action in a court of competent jurisdiction.
(2) Where an amount is recoverable by the Commonwealth from a person in pursuance of the last preceding sub-section and an amount is payable under this Act to or for the benefit of that person, the first-mentioned amount ma y be deducted from the second-mentioned amount.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 119A.
Deduction of overpayments of Repatriation pensions.Inserted by No. 105, 1973, s. 10.
SECT
119A. (1) Where-
(a) an amount of pension under the Repatriation Act 1920-1973 in respect of the incapacity or death of a member of the Forces within the meaning of Division 10 of Part III of that Act has been paid to a person; and
(b) that amount is not payable to that person by virtue of section 107R of that Act,
that amount is recoverable from that person by deduction from any payments by way of compensation payable to that person under this Act in respect of an injury from which the incapacity of the member has resulted or in respect of the death of the member.
(2) For the purposes of sub-section (1), a person authorized by the Repatriation Commission may, by writing under his hand, certify-
(a) that an amount specified in the certificate has been paid by way of pension under the Repatriation Act 1920-1973 to a person specified in the certificate;
(b) that that amount was paid in respect of the incapacity or death of a person specified in the certificate;
(c) that the person referred to in paragraph (b) is a member of the Forces within the meaning of Division 10 of Part III of that Act; and
(d) that, by virtue of section 107R of that Act, the amount referred to in paragraph (a) is not payable to the person referred to in paragraph (a).
(3) In proceedings under sub-section (1), a certificate under sub-sec tion (2) is prima facie evidence of the matters certified.
(4) Nothing in this section prevents the recovery of an amount referred to in sub-section (1) otherwise than in accordance with that sub-section, but an amount shall not be recovered twice.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 120.
Compensation payable to locally engaged overseas employees.SECT
120. (1) This section applies to employees who were engaged outside Australia for employment outside Australia and are performing the duties of their employment outside Australia.
(2) Where a compensation scheme in force in a country other than Australia is applicable (whether by virtue of contributions made by the Commonwealth under the scheme or otherwise) in respect of the employment by the Commonwealth in that country of employees to whom this section applies, or of employees included in a class of such employees, or such a compensation scheme would, but for this Act, be so applicable, this Act does not apply in respect of the employment by the Commonwealth in that country of those employees, or of employees included in that class of employees, as the case may be.
(3) Where a compensation scheme in force in a country other than Australia is not, and, if this Act had not been enacted, would not be, applicable in respect of the employment by the Commonwealth in that country of employees included in a class of employees to whom this section applies, but that compensation scheme is applicable (whether by virtue of contributions made by the Commonwealth under the scheme or otherwise) in respect of the employment by the Commonwealth in that country of employees included in another class of employees to whom this section applies or that compensation scheme would, but for this Act, be so applicable, that compensation scheme shall be deemed to be applicable in respect of the employment by the Commonwealth in that country of employees included in the first-mentioned class of employees and the Commonwealth is, subject to the next succeeding sub-section, liable to provide benefits for employees included in that class of employees in accordance with that compensation scheme in respect of their employment by the Commonwealth in that country.
(4) The regulations may provide that a compensation scheme referred to in the regulations, being a compensation scheme in force in a country other than Australia, is, for the purposes of the liability of the Commonwealth under the last preceding sub-section to provide benefits in accordance with that compensation scheme in respect of the employment by the Commonwealth in that country of employees included in a class of employees to whom this section applies, to have effect subject to such modifications or additions (if any) as are specified in the regulations, but so that the benefits provided will not be less favourable than the benefits provided under that compensation scheme in respect of the employment by the Commonwealth in that country of other employees to whom this section applies.
(5) Where, in a country other than Australia, there is no compensation scheme in force that is, or, but for this Act, would be, applicable in respect of the employment by the Commonwealth in that country of employees to whom this section applies, but there is a compensation scheme in force in that country that is applicable in respect of persons employed by the Government of that country, or persons included in a class of such persons, that compensation scheme shall be deemed to be applicable in respect of the employment by the Commonwealth of those employees in that country and the Commonwealth is, subject to the next succeeding sub-section, liable to provide benefits for those employees in accordance with that compensation scheme in respect of that employment.
(6) The regulations may provide that a compensation scheme referred to in the regulations, being a compensation scheme in force in a country other than Australia, is, for the purposes of the liability of the Commonwealth under the last preceding sub-section to provide benefits in accordance with that compensation scheme in respect of the employment by the Commonwealth of employees in that country, to have effect subject to such modifications or additions (if any) as are specified in the regulations but so that the benefits provided will not be less favourable than the benefits provided under that compensation scheme in respect of persons employed by the Government of that country.
(7) Where, in a country other than Australia, there is no compensation scheme in force that is, or, but for this Act, would be, applicable in respect of the employment by the Commonwealth in that country of employees to whom this section applies, and there is no compensation scheme in force in that country that is applicable in respect of persons employed by the Government of that country, the regulations may provide that a compensation scheme referred to in the regulations, being a compensation scheme in force in another country of comparable economic and social development, is to be deemed to be applicable in respect of the employment by the Commonwealth in the first-mentioned country of employees to whom this section applies, and the Commonwealth is, subject to the next succeeding sub-section, liable to provide benefits for those employees in accordance with that compensation scheme in respect of their employment by the Commonwealth in that first-mentioned country.
(8) The regulations may provide that a compensation scheme referred to in the regulations, being a compensation scheme in force in a country other than Australia, is, for the purposes of the liability of the Commonwealth under the last preceding sub-section to provide benefits in accordance with that compensation scheme in respect of the employment by the Commonwealth of employees in another country, to have effect subject to such modifications or additions (if any) as are specified in the regulations, being modifications or additions that the Governor-General thinks reasonable having regard to the practice of reputable employers in that other country in relation to the provision of compensation benefits.
(9) The Commonwealth is not liable to pay compensation under a provision of this Act other than this section in respect of the employment of an employee to whom this section applies in circumstances where a compensation scheme referred to in this section is, or is to be deemed to be, applicable in respect of that employment.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(10) In this section, unless the contrary intention appears-
(a) a reference to a country other than Australia shall be read as including a reference to an external Territory;
(b) a reference to the Government of a country other than Australia shall, in relation to such a Territory, be read as a reference to the Administration of that Territory;
(c) a reference to compensation benefits shall be read as a reference to benefits for persons engaged in employment in the event of their death or incapacity by reason of injury or disease occurring in circumstances connected with that employment; and
(d) a reference to a compensation scheme shall be read as a reference to a scheme (whether constituted by a law or not) for the provision of compensation benefits.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 121.
Double benefits.SECT
121. (1) In this section, "employer" means the Commonwealth or a prescribed authority of the Commonwealth.
(2) If a person being an employer has paid compensation under this Act to or in respect of an employee in relation to an injury or a loss of, or damage to, property, another person being an employer is not liable to pay compensation under this Act to or in respect of that employee in relation to that injury or that loss of, or damage to, property, as the case may be.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(3) An employer is not liable to pay compensation under this Act to or in respect of an employee in relation to an injury or a loss of, or damage to, property if compensation has been paid to or in respect of that employee in relation to that injury or that loss of, or damage to, property, as the case may be, under a law of a State or Territory or of a country other than Australia.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(4) If, after any compensation has been paid by an employer under this Act to or in respect of an employee in relation to an injury or a loss of, or damage to, property, any compensation is paid under a law of a State or Territory or of a country other than Australia to or in respect of that employee in relation to that injury or that loss of, or damage to, property, as the case may be, the employer may recover the amount of the first-mentioned compensation in any court of competent jurisdiction from the person to whom it was paid as a debt due to the employer.
Amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3.SECT
(5) The Commissioner may require a claimant for compensation to furnish to the Commissioner a statutory declaration stating whether any compensation has been paid to or in respect of the claimant under a law of a State or Territory, or under a law of a country other than Australia, in respect of the injury or loss of, or damage to, property, as the case may be, to which the claim relates.
(6) Where a claimant for compensation refuses or fails to furnish a statutory declaration to the Commissioner in accordance with a requirement under the last preceding sub-section, his right to compensation under this Act in respect of the injury or loss of, or damage to, property to which the claim relates, and his right to institute or continue any proceedings under this Act in relation to that compensation, are suspended until the statutory declaration is furnished.
(7) Where a claimant's right to compensation is suspended under the last preceding sub-section, compensation is not payable in respect of the period of the suspension.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 122.
Annual report.SECT
122. (1) As soon as practicable after the end of each financial year, the Commissioner shall prepare and furnish to the Minister a report with respect to-
(a) the number of injuries in respect of which determinations under this Act were made during that financial year, being determinations in pursuance of which payments of compensation were made during that financial year;
(b) the number of injuries in respect of which determinations under this Act were made before that financial year, being determinations in pursuance of which payments of compensation were made during that financial year;
(c) the total of the amounts of compensation under this Act that were paid during that financial year; and
(d) any other prescribed matters.
(2) For the purposes of the last preceding sub-section, two or more injuries to an employee that are sustained at the same time shall be treated as one injury.
(3) The Minister shall cause the report to be laid before each House of the Parliament within fifteen sitting days of that House after the receipt of the report by the Minister.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SECT. 123.
Regulations.Sub-section (1) amended by No. 216, 1973, s. 3 as amended by No. 20, 1974, s. 3; No. 166, 1976, s. 8.
SECT
123. (1) The Governor-General may make regulations, not inconsistent with this Act-
(a) prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing-
(i) the form and content of claims, notices and other documents required to be prepared under or for the purposes of this Act;
(ii) the manner of service of notices and other documents for the purposes of this Act;
(iii) the practice and procedure of Compensation Tribunals; and
(iv) the practice and procedure of prescribed Courts under this Act; and
(b) making provision for and in relation to fees and allowances to be paid by the Commonwealth to a medical referee or other medical practitioner who carries out, or is a member of a medical board that carries out, an examination under section 41, 42, 58 or 60 not being a person who is an officer of the Public Service of the Commonwealth, of a State or of a Territory.
(2) Strict compliance with the form of a claim, notice or other document prescribed for the purposes of sub-paragraph (i) of paragraph (a) of the last preceding sub-section is not required and substantial compliance is sufficient.
(3) At any time after this Act receives the Royal Assent and before the proclaimed date regulations may be made under this Act as if the whole of this Act had come into operation on the day on which this Act received the Royal Assent but regulations so made (other than regulations prescribing a salary, allowance or other remuneration) shall not come into operation before the proclaimed date.
-----------
Heading omitted by No. 166, 1976, s. 8.
* * * * * * * *
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SCHEDULE 1 Amended by No. 166, 1976, s. 8.
SCH
SCHEDULE 1
Section 4
Commonwealth Employees' Compensation Act 1930
Commonwealth Employees' Compensation Act 1944
Commonwealth Employees' Compensation Act 1948
Commonwealth Employees' Compensation Act 1951
Commonwealth Employees' Compensation Act 1954
Commonwealth Employees' Compensation Act 1956
Commonwealth Employees' Compensation Act 1959
Commonwealth Employees' Compensation Act 1962
Commonwealth Employees' Compensation Act 1964
Commonwealth Employees' Compensation Act 1967
Commonwealth Employees' Compensation Act 1968
Commonwealth Employees' Compensation Act 1969
Commonwealth Employees' Compensation Act 1970
-----------
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SCHEDULE 2 Amended by No. 166, 1976, s. 8.
SCH
SCHEDULE 2
Sections 18 and 73
OATH
I, A.B., do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law,
that I will well and truly serve Her in the office of and
that I will faithfully and impartially perform the duties of that office.
SO HELP ME GOD]
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs
and Successors according to law, that I will well and truly serve Her in the
office of and that I will faithfully and impartially perform the
duties of that office.
-----------
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 - SCHEDULE 3 Amended by No. 166, 1976, s. 8.
SCH
SCHEDULE 3
Section 24
OATH
I, A.B., do swear that I will faithfully and impartially exercise and perform
the powers and functions delegated to me by the Commissioner for Employees'
Compensation.
SO HELP ME GOD]
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will faithfully
and impartially exercise and perform the powers and functions delegated to me by the Commissioner for Employees' Compensation.
------------------------------------------------------------------------------ --
0
0
0