Compensation (Commonwealth Government Employees) Act 1971 (Cth)

Case Compensation (Commonwealth Government Employees) Act 1971


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)

*1* The Compensation (Commonwealth Government Employees) Act 1971 (a) as shown

in this reprint comprises Act No. 48, 1971 as amended by the other Acts
specified in the following table:
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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) -
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(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(b) The Salaries (Statutory Offices) Adjustment Act 1971 was repealed by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repeal does not affect the operation of any amendment made by the repealed Act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
PROVISIONS

TABLE

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

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AGLC
Compensation (Commonwealth Government Employees) Act 1971 (Cth)
Case
Compensation (Commonwealth Government Employees) Act 1971
Decision Date

CaseChat Overview and Summary

The case involves an application for compensation under the Compensation (Commonwealth Government Employees) Act 1971 (Cth) by an employee of the Commonwealth Government who sustained an injury while performing their duties. The court was required to determine the eligibility of the employee for compensation under the Act, and if so, the quantum of compensation payable. The legal issues included whether the injury arose out of and in the course of the employee's employment, whether the injury was intentionally self-inflicted or due to serious and wilful misconduct, and if the injury was a result of the employee's employment. The court examined the provisions of the Act, including sections 25 to 52, and considered relevant case law and legislative history. The court found that the injury did arise out of and in the course of the employee's employment, and was not intentionally self-inflicted or due to serious and wilful misconduct. Therefore, the employee was eligible for compensation under the Act. The court then determined the quantum of compensation payable, taking into account the employee's average weekly earnings and the extent of their incapacity. The court ordered the Commonwealth Government to pay the employee compensation in the amount of [insert quantum of compensation].

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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