COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS
- In force under the Compensation (Commonwealth Government Employees) Act
1971
- Reprinted as at 31 October 1987 (HISTREG CHAP 220 #DATE 31:10:1987)
*1* The Compensation (Commonwealth Government Employees) Regulations (in force under the Compensation (Commonwealth Government Employees) Act 1971) as shown in this reprint comprise Statutory Rules 1971 No. 112 amended as indicated in the Tables below. Table of Statutory Rules ------------------------------------------------------------------------------ - Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ------------------------------------------------------------------------------ - 1971 No. 112 26 Aug 1971 1 Sept 1971 (see r. 2 and Gazette 1971, p. 5496) 1978 No. 72 10 May 1978 1 Mar 1978 - 1980 No. 254 1 Sept 1980 1 Sept 1980 R. 3 1981 No. 247 31 Aug 1981 31 Aug 1981 R. 4 1982 No. 98 30 Apr 1982 30 Apr 1982 R. 4 117 4 June 1982 R. 1: 21 Apr 1980 Remainder: 4 June 1982 - 291 29 Oct 1982 29 Oct 1982 R. 4 1983 No. 50 29 Apr 1983 29 Apr 1983 R. 4 233 28 Oct 1983 28 Oct 1983 R. 5 1984 No. 67 30 Apr 1984 30 Apr 1984 R. 4 163 25 July 1984 25 July 1984 - 305 26 Oct 1984 26 Oct 1984 R. 4 1985 No. 42 24 Apr 1985 24 Apr 1985 R. 4 284 31 Oct 1985 31 Oct 1985 R. 5 1986 No. 80 24 Apr 1986 24 Apr 1986 R. 4 308 27 Oct 1986 27 Oct 1986 - 346 28 Nov 1986 28 Nov 1986 R. 4 1987 No. 109 3 June 1987 3 June 1987 R. 4 ------------------------------------------------------------------------------ - Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ------------------------------------------------------------------------------ Provision affected How affected ------------------------------------------------------------------------------ R. 1 ................ am. 1978 No. 72 Rr. 9, 10 ........... am. 1986 No. 308 R. 11 ............... am. 1982 No. 117; 1986 No. 308 R. 12A .............. ad. 1978 No. 72 R. 25 ............... am. 1978 No. 72 R. 26 ............... ad. 1980 No. 254 Rr. 27, 28 .......... ad. 1980 No. 254 am. 1981 No. 247; 1982 Nos. 98 and 291; 1983 Nos. 50 and 233; 1984 No. 305; 1985 Nos. 42 and 284; 1986 Nos. 80 and 346; 1987 No. 109 R. 29 ............... ad. 1984 No. 163 Third Schedule ...... am. 1978 No. 72 Schedule 4 .......... ad. 1980 No. 254 am. 1981 No. 247; 1982 Nos. 98 and 291 rs. 1983 Nos. 50 and 233; 1984 Nos. 67 and 305; 1985 Nos. 47 and 284; 1986 Nos. 80 and 346; 1987 No. 109 Schedule 5 .......... ad. 1984 No. 163 ------------------------------------------------------------------------------ - COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Repeal
5. Remuneration
6. Travelling allowances
7. Other allowances payable while in Australia
8. Allowances payable while outside Australia
9. Prescribed authorities
10. Offices
11. Prescribed class of persons
12. Diseases related to employment
12A. Compensation to or for benefit of dependants of deceased transferred
South Australian employee
13. Prescribed Life Tables for purposes of section 50
14. Prescribed weekly amounts for purposes of section 50
15. Notice to Commonwealth of injury, disease or loss of or damage to
property
16. Period for nomination of members of medical board
17. Form of requirement to employee to submit for medical examination
18. Intervals between medical examinations
19. Fees on request for reference to Compensation Tribunal and request
for
extension of time
20. Fees for witnesses
21. Prescribed Tribunals
22. Service of documents on Commissioner
23. Service of documents on Commonwealth
24. Service of documents generally
25. Forms
26. Amounts prescribed for the purposes of certain provisions of the Act
27. Rate prescribed for the purposes of subsection 43 (5) of the Act
28. Rate prescribed for the purposes of subsection 48 (1) of the Act
29. Laws prescribed for the purposes of the Act
THE SCHEDULES
FIRST SCHEDULE
Diseases related to employment
SECOND SCHEDULE
Witnesses' fees and travelling expenses
THIRD SCHEDULE
Forms
SCHEDULE 4
Amounts of compensation
SCHEDULE 5
Prescribed Laws
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Compensation (Commonwealth
Government Employees) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 2
Commencement
2. These Regulations shall come into operation on the date fixed under
sub-section (2) of section 2 of the Compensation (Commonwealth Employees) Act
1971.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 3
Interpretation
3. In these Regulations-
"the Act" means the Compensation (Commonwealth Employees) Act 1971;
"the Northern Territory" means the Northern Territory of Australia.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 4
Repeal
4. The Compensation (Remuneration and Allowances) Regulations (being
Statutory
Rules 1971, No. 70) are repealed.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 5
Remuneration
5. In respect of any period of office before the thirty-first day of
December, 1971-
(a) the salary payable to the Commissioner is Fourteen thousand seven
hundred and twenty-seven dollars per year; and
(b) the remuneration payable to a person constituting a Compensation
Tribunal, being a person appointed for a period of not less than one year, is
Seventeen thousand one hundred and seventy-two dollars per year.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 6
Travelling allowances
6. (1) Subject to regulation 8 of these Regulations, where the Commissioner
is necessarily absent from Canberra overnight, or a person constituting a
Compensation Tribunal is necessarily absent from his headquarters overnight,
in the course of performing his duties, travelling allowance is payable to him
in respect of the period of absence at the rate of Twenty-one dollars per day.
(2) Travelling allowance payable under this regulation is in addition to,
and does not include, the cost of conveyance.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 7
Other allowances payable while in Australia
7. Subject to the next succeeding regulation, the Commissioner or a person
constituting a Compensation Tribunal is entitled to be paid such allowances,
other than travelling allowance, as would be payable to him under the Public
Service Regulations, as in force from time to time, if he were an officer of
the Public Service of the Commonwealth and were included in the Second
Division.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 8
Allowances payable while outside Australia
8. (1) Where the Commissioner or a person constituting a Compensation
Tribunal performs duties outside Australia and the Territories of the
Commonwealth, he is entitled to be paid such allowances as he would be
entitled to be paid if he were an officer of the Public Service of the
Commonwealth and were included in the Second Division.
(2) Where the Commissioner or a person constituting a Compensation Tribunal
is entitled to be paid travelling allowance in respect of a period under
sub-regulation (1) of this regulation, he is not entitled to be paid
travelling allowance in respect of that period under regulation 6 of these
Regulations.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 9
Prescribed authorities
9. (1) For the purposes of paragraph (a) of the definition of "prescribed
authority of the Commonwealth" in sub-section (1) of section 5 of the Act,
each of the following bodies corporate is declared to be a body corporate in
relation to which the Act does not apply:
Australian Apple and Pear Board
Australian Dairy Produce Board
Australian Egg Board
Australian Wheat Board
Australian Wine Board
Joint Coal Board
(2) For the purposes of paragraph (b) of the definition of "prescribed
authority of the Commonwealth" in sub-section (1) of section 5 of the Act,
each body corporate (not being a company, society or association) incorporated
for a public purpose by a law of a Territory of the Commonwealth other than
the Territory of Papua or the Territory of New Guinea is declared to be a body
corporate in relation to which the Act applies.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 10
Offices
10. (1) For the purposes of sub-paragraph (i) of paragraph (c) of
sub-section (2) of section 7 of the Act, the offices established by the
following Acts are declared to be offices in relation to which the Act does
not apply:
Apple and Pear Organization Act 1938-1966
Coal Industry Act 1946-1966
Dairy Produce Export Control Act 1924-1966
Egg Export Control Act 1947-1966
Papua and New Guinea Act 1949-1970
Wheat Industry Stabilization Act 1968-1970
Wine Overseas Marketing Act 1929-1966.
(2) For the purposes of sub-paragraph (ii) of paragraph (c) of sub-section
(2) of section 7 of the Act, each office established by a law of a Territory
of the Commonwealth other than the Territory of Papua or the Territory of New
Guinea is declared to be an office in relation to which the Act applies.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 11
Prescribed class of persons
11. (1) Each class of persons specified in the first column of the following
table is prescribed for the purposes of paragraph (a) of sub-section (5) of
section 7 of the Act and each class of acts specified in the second column of
that table opposite to the reference to a class of persons in the first column
is prescribed in relation to persons included in that class of persons for the
purposes of paragraph (b) of that sub-section:
------------------------------------------------------------------------------
--
First Column Second Column
Class of persons Class of acts
------------------------------------------------------------------------------
-- Members of the Air Training Corps established by
regulations under the Air Force Act 1923-1965 Acts performed in connexion
with the activities of the
Corps
Members of the Australian Cadet Corps established
under section 62 of the Defence Act 1903-1970 Acts performed in connexion
with the activities of the
Corps
Members of the Naval Reserve Cadets established
under section 38 of the Naval Defence Act
1910-1971 Acts performed in connexion
with the activities of the
Cadets
Persons employed under an agreement or
arrangement made between the Commonwealth and the
Government of another country for the purpose of
rendering services to the Government of that
other country outside Australia Acts performed under the
agreement or arrangement
Persons who, without receiving any remuneration,
place their services at the disposal of the Chief
Fire Control Officer appointed by the Bush Fire
Council constituted under the Careless Use of
Fire Ordinance 1936-1967 of the Australian
Capital Territory for the purpose of
extinguishing, or preventing the spread of, a
fire in a part of the Territory Acts performed at the
direction
of the Chief Fire Control
Officer
Persons who, under the control or direction of a
Commonwealth officer, assist, without receiving
any remuneration, in extinguishing, or preventing
the spread of, a fire at the Weapons Research
Establishment at Woomera Acts performed in connexion
with extinguishing, or
preventing the spread of,
the
fire
Persons who, under the control or direction of a
Commonwealth officer, take part, without
receiving any remuneration, in search and rescue
activities carried out by the Department of Civil
Aviation or the Department of Shipping and
Transport Acts performed in connexion
with the carrying out of the
search and rescue activities
Persons rendering assistance to a prescribed
Commonwealth officer in the performance of his
duty at the request of that officer or in the
honest and reasonable belief that the assistance
was necessary for the performance by the officer
of his duty Acts performed in rendering
the
assistance
Persons receiving treatment or training provided
or arranged by the Director-General of Social
Services in pursuance of section 135 of the
Social Services Act 1947-1971 Acts performed in the course
of
receiving the treatment or
training
Persons who, under the control or direction of a
Commonwealth officer, render services, without
receiving any remuneration, at the Alice Springs
Hospital or in an institution conducted by the
Repatriation Department Acts performed in connexion
with the rendering of the
services
Persons who, under the control or direction of a
Commonwealth officer, take part, without
receiving any remuneration, in the carrying out
of a health survey in the Australian Capital
Territory Acts performed in connexion
with the carrying out of the
survey
Persons who, under the control or direction of a
Commonwealth officer, take part, without
receiving any remuneration, in activities
relating to civil defence carried out in the
Australian Capital Territory or the Northern
Territory Acts performed in connexion
with the carrying out of the
activities
Persons who attend any place in pursuance of a
notice served under section 19, 22, 26 or 52 of
the National Service Act 1951-1968 Acts performed in connexion
with the attendance
Persons, other than a Minister of State of a
State, a member of the Parliament of a State or a
person holding, or acting in, an office
(including a judicial office) established by a
law of the Commonwealth, of a State or of a
Territory of the Commonwealth, who are members of
a board, committee or other body or group of
persons (not being a body corporate) to which
they are appointed by, or on the nomination or
with the approval of, the Governor-General, a
Minister of State, a prescribed authority of the
Commonwealth, an officer of the Public Service of
the Commonwealth or a person holding, or acting
in, an office established by a law of the
Commonwealth or by a law of a Territory of the
Commonwealth other than the Territory of Papua or
the Territory of New Guinea Acts performed as a member
of
the board, committee or
other
body or group of persons
Persons-
(a) engaged under sub-section 26 (3) of the
High Court of Australia Act 1979; or
(b) whose services have been made available
under sub-section 26 (6) of that Act,
for the purposes of the High Court Acts performed for the
purposes
of the High Court
Persons employed to assist in the households of
the Governor-General who are employed otherwise
than on a regular basis Acts performed in the course
of
that employment
------------------------------------------------------------------------------
--
(2) A reference in this regulation to remuneration does not include a
reference to remuneration by way of payment for expenses incurred.
(3) A reference in this regulation to a prescribed Commonwealth officer
shall be read as a reference to-
(a) a Commonwealth Police Officer or a special Commonwealth Police
Officer;
(b) a member of the Police Force of the Australian Capital Territory or of
the Police Force of the Northern Territory;
(c) the Sheriff of the Australian Capital Territory or a person appointed
under section 3 of the Sheriff Ordinance 1934 of that Territory to assist him
in the execution of his duties;
(d) the sheriff of the Northern Territory or an officer of the sheriff
within the meaning of the Sheriff Ordinance 1962-1966 of that Territory;
(e) the Marshal or a Deputy of the Marshal of the High Court or an officer
appointed under section 55 of the Judiciary Act 1903-1969 to assist the
Marshal and his Deputies; or
(f) an officer of Customs within the meaning of the Customs Act 1901-1971.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 12
Diseases related to employment
12. For the purposes of section 30 of the Act, a disease of a kind specified
in the first column of the First Schedule to these Regulations is related to
employment of a kind specified in the second column of that Schedule opposite
to the reference to that disease in the first column.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 12A
Compensation to or for benefit of dependants of deceased transferred South
Australian employee
12A. (1) Compensation under the modified Act payable to a dependant or
dependants of a deceased transferred South Australian employee is payable to,
or in accordance with the directions of, the Commissioner for the benefit of
the dependant or dependants.
(2) Where an amount of compensation under the modified Act is payable for
the benefit of 2 or more dependants of a deceased transferred South Australian
employee, the Commissioner shall determine the shares of those dependants in
that amount as he thinks fit having regard to any losses suffered by those
dependants as a result of the cessation of the earnings of the employee.
(3) In this regulation-
"modified Act" means the Act as modified by the omission of section 98 and
by the substitution for Part III of the applied South Australian provisions
(being the applied South Australian provisions within the meaning of section
52B of the Australian National Railways Act 1917);
"transferred South Australian employee" has the same meaning as in the
Australian National Railways Act 1917.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 13
Prescribed Life Tables for purposes of section 50
13. For the purposes of paragraph (a) of sub-section (2) of section 50 of
the Act, the prescribed Life Tables are the Australian Life Tables, 1960-1962,
published by the Commonwealth Statistician.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 14
Prescribed weekly amounts for purposes of section 50
14. (1) For the purposes of paragraph (b) of sub-section (2) of section 50
of the Act, the following amounts are prescribed:
(a) in respect of married persons without dependent children-Seventeen
dollars per week;
(b) in respect of married persons with dependent children-an amount per
week equal to the sum of Seventeen dollars and an amount ascertained by
multiplying Four dollars by the number of children dependent on the person;
(c) in respect of unmarried persons without dependent children-Ten dollars
per week; and
(d) in respect of unmarried persons with dependent children-an amount per
week equal to the sum of Ten dollars and an amount ascertained by multiplying
Four dollars by the number of children dependent on the person.
(2) In this regulation-
"children" means children in relation to whom the Act applies;
"dependent" means wholly or mainly dependent;
"married person" includes a person who, although not legally married, is
living with another person as the husband or wife of that other person on a
permanent and bona fide domestic basis and has so lived with that other person
throughout a period of three years;
"unmarried person" means a person who is not a married person.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 15
Notice to Commonwealth of injury, disease or loss of or damage to property
15. (1) The notice of an injury caused to an employee that is required to be
served in pursuance of sub-section (1) of section 53 of the Act shall state-
(a) the name, and the address of the place of residence, of the employee;
(b) the place at which, the date on which and time at which the injury
occurred;
(c) the circumstances in which the injury occurred; and
(d) whether any persons other than the employee were present when the
injury occurred and, if known to the person serving the notice, the names, and
the addresses of the places of residence, of those persons.
(2) The notice of the contraction by an employee of a disease, of the
commencement of an aggravation or acceleration of a disease suffered by an
employee or of a recurrence of a disease suffered by an employee that is
required to be served in pursuance of sub-section (2) of section 53 of the Act
shall state-
(a) the name, and the address of the place of residence, of the employee;
(b) the place at which, the date on which and the time at which symptoms of
the disease, or of the aggravation, acceleration or recurrence of the disease,
first became apparent;
(c) the circumstances in which those symptoms became apparent; and
(d) whether any persons other than the employee were present at the time
when those symptoms became apparent and, if known to the person serving the
notice, the names, and the addresses of the places of residence, of those
persons.
(3) The notice of an accident that resulted 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 an employee that is required to be
served in pursuance of sub-section (3) of section 53 of the Act shall state-
(a) the name, and the address of the place of residence, of the employee;
(b) the place at which, the date on which and time at which the accident
occurred;
(c) the circumstances in which the accident occurred; and
(d) whether any persons other than the employee were present when the
accident occurred and, if known to the person serving the notice, the names,
and the addresses of the places of residence, of those persons.
(4) Subject to sub-regulation (6) of this regulation, a notice of an injury
or accident shall be served on the person who was the employee's immediate
superior officer in the employment in which he was employed at the time when
the injury or accident occurred or, if the employee was at that time engaged
in work as part of that employment, on the person who was in charge of that
work at that time.
(5) Subject to the next succeeding sub-regulation, a notice of the
contraction of a disease, or of the aggravation, acceleration or recurrence of
a disease, shall, if the employee had not ceased to be an employee at the time
when symptoms of the disease, or of the aggravation, acceleration or
recurrence, first became apparent, be served on the person who was the
employee's immediate superior officer in his employment at that time or, where
the employee was at that time engaged in work as part of that employment, on
the person who was in charge of that work at that time.
(6) A notice referred to in either of the last two preceding sub-regulations
may be served-
(a) by leaving the notice at, or sending the notice by post in a registered
letter properly addressed to, the office of-
(i) in the case of an employee other than an employee who was a member
of the Defence Force at the time when the injury or accident occurred or
symptoms of the disease, or of the aggravation, acceleration or recurrence of
the disease, first became apparent-the Permanent Head of the Department, or
the chief executive officer of the authority or Administration, by which he
was employed at that time;
(ii) in the case of an employee who was a member of the Naval Forces at
that time-the Secretary to the Department of the Navy;
(iii) in the case of an employee who was a member of the Military
Forces
at that time-the Secretary to the Department of the Army; or
(iv) in the case of an employee who was a member of the Air Force at
that
time-the Secretary to the Department of Air; or
(b) in a case to which the last preceding paragraph is not applicable-by
leaving the notice at, or sending the notice by post in a registered letter
properly addressed to, the office of the Director-General of Social Services
or, if the Director-General of Social Services is the employee, the Minister
of State for Social Services.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 16
Period for nomination of members of medical board
16. For the purposes of sub-section (3) of section 57 of the Act, the
prescribed period is the period of twenty-one days commencing on the day on
which the Commissioner serves on the employee a requirement that the employee
submit himself for an examination by a medical board.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 17
Form of requirement to employee to submit for medical examination
17. For the purposes of sections 58 and 60 of the Act, a requirement that an
employee submit himself for an examination shall be in writing and shall be
served on the employee.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 18
Intervals between medical examinations
18. For the purposes of sub-section (6) of section 58, and sub-section (5)
of section 60, of the Act, the following intervals are prescribed in relation
to an employee who is receiving weekly payments of compensation under the
Act:
(a) in relation to the period commencing at the expiration of one month
after the date on which the first of those payments was made and ending at the
expiration of two months after that date-intervals of one week;
(b) during the period commencing at the expiration of two months after that
date and ending at the expiration of six months after that date-intervals of
one month; and
(c) after the expiration of six months after that date-intervals of two
months.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 19
Fees on request for reference to Compensation Tribunal and request for
extension of time
19. For the purposes of paragraph (d) of sub-section (1) of section 76, and
paragraph (d) of sub-section (2) of section 77, of the Act, the prescribed fee
is Two dollars.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 20
Fees for witnesses
20. For the purposes of section 88 of the Act, the prescribed fee is the fee
ascertained in accordance with the scale of witnesses fees set out in the
Second Schedule to these Regulations.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 21
Prescribed Tribunals
21. Each of the following tribunals is prescribed for the purposes of
paragraph (c) of sub-section (1) of section 103 of the Act:
Fire Brigades Arbitral Tribunal constituted under the Fire Brigades Arbitral
Tribunal Ordinance 1966-1969 of the Northern Territory
Police Arbitral Tribunal constituted under the Police and Police Offences
Ordinance 1923-1971 of the Northern Territory
Prison Officers Arbitral Tribunal constituted under the Prisons Ordinance
1950-1969 of the Northern Territory.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 22
Service of documents on Commissioner
22. For the purposes of the Act, service of a document on the Commissioner
shall be effected-
(a) by delivering the document to, or sending the document by post in a
registered letter properly addressed to, a delegate of the Commissioner in-
(i) if the employee concerned was not a member of the Defence Force at
the time when the injury or accident occurred or symptoms of the disease, or
of the aggravation, acceleration or recurrence of the disease, first became
apparent-the Department, authority or Administration by which he was employed
at that time;
(ii) if the employee concerned was a member of the Naval Forces at that
time-the Department of the Navy;
(iii) if the employee was a member of the Military Forces at that
time-the Department of the Army; or
(iv) if the employee was a member of the Air Force at that time-the
Department of Air; or
(b) if the last preceding paragraph is not applicable-by leaving the
document at the office of the Commissioner or sending the document by post in
a registered letter properly addressed to the Commissioner at his office.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 23
Service of documents on Commonwealth
23. (1) For the purposes of the Act but subject to these Regulations,
service of a document on the Commonwealth or on an authority of the
Commonwealth shall be effected-
(a) by leaving the document at, or sending the document by post in a
registered letter properly addressed to, the office of-
(i) if the employee concerned was not a member of the Defence Force at
the time when the injury or accident occurred or symptoms of the disease, or
of the aggravation, acceleration or recurrence of the disease, first became
apparent-the Permanent Head of the Department, or the chief executive officer
of the authority or Administration, by which he was employed at that time;
(ii) if the employee concerned was a member of the Naval Forces at the
time-the Secretary to the Department of the Navy;
(iii) if the employee was a member of the Military Forces at that
time-the Secretary to the Department of the Army; or
(iv) if the employee was a member of the Air Force at that time-the
Secretary to the Department of Air; or
(b) if the last preceding paragraph is not applicable-by leaving the
document at the office of the Director-General of Social Services or sending
the document by post in a registered letter properly addressed to the
Director-General of Social Services at his office.
(2) A copy of a request by a party to a determination for the reference of
a matter or question to a Compensation Tribunal for reconsideration or a copy
of an application to a prescribed Court for a judicial review of a
determination shall be deemed to be served on the Commonwealth if the copy is
delivered to a Deputy Crown Solicitor for the Commonwealth or is sent by post
in a registered letter properly addressed to such a Deputy Crown Solicitor at
his office.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 24
Service of documents generally
24. Subject to these Regulations, a document may be served on a person for
the purposes of the Act or these Regulations by being sent by post in a
registered letter properly addressed to the person at his place of residence
or employment last known to the person serving the notice.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 25
Forms
25. (1) A certificate for the purposes of section 41 of the Act shall be in
accordance with Form 1 in the Third Schedule to these Regulations.
(2) A certificate for the purposes of section 42 of the Act shall be in
accordance with Form 2 in the Third Schedule to these Regulations.
(3) A certificate for the purposes of section 59 of the Act shall be in
accordance with Form 3 in the Third Schedule to these Regulations.
(3A) An election under sub-section 52B (1) of the Australian National
Railways Act 1917 shall be in accordance with Form 4 in the Third Schedule.
(4) Strict compliance with the forms contained in the Third Schedule to
these Regulations is not necessary, and substantial compliance is sufficient.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 26
Amounts prescribed for the purposes of certain provisions of the Act
26. For the purposes of a provision of the Act referred to in Column 2 of
Schedule 4 in an item in that Schedule, the amount prescribed is the amount
referred to in Column 3 of that Schedule in that item.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 27
Rate prescribed for the purposes of subsection 43 (5) of the Act
27. For the purposes of subsection 43 (5) of the Act, the rate prescribed is
$22.70 a week.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 28
Rate prescribed for the purposes of subsection 48 (1) of the Act
28. For the purposes of subsection 48 (1) of the Act, the rate prescribed is
$31.70 a week.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - REG 29
Laws prescribed for the purposes of the Act
29. For the purposes of the definition of "prescribed law" in subsection
121A (1) of the Act, each law of a State or Territory specified in a Part of
Schedule 5 is declared to be a prescribed law for the purposes of the Act.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - SCHEDULE 1
SCH
THE SCHEDULES
FIRST SCHEDULE Regulation
12
DISEASES RELATED TO EMPLOYMENT
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First Column Second Column
Disease Employment
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-- 1. Anthrax ....................... Employment in connexion with-
(a) animals infected with anthrax;
(b) animal carcasses or parts of such
carcasses; or
(c) wool, hair, bristles, hides or
skins 2. Ankylostomiasis ............... Employment in or about a mine
3. Chrome ulceration of skin or
mucous membrane; any of the sequelae
of such an ulceration Employment involving exposure to or
contact with-
(a) chromic acid; or
(b) bichromate of-
(i) ammonium;
(ii) potassium; or
(iii) sodium,
or a preparation containing any of
those
substances
4. Pathological condition caused by-
(a) radium or another radioactive
substance; or
(b) x-rays Employment involving exposure to or
contact with radium, other radioactive
substances or x-rays
5. Pneumoconiosis ................ Employment involving inhalation of
matter
capable of causing pneumoconiosis
6. Poisoning by antimony or a
compound of antimony; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with antimony, a compound of
antimony or a preparation containing
antimony or such a compound
7. Poisoning by arsenic or a
compound of arsenic; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with arsenic, a compound of
arsenic or a preparation containing
arsenic or such a compound
8. Poisoning by benzene, a homologue
of benzene or a nitro-derivative or
amido-derivative of benzene; any of
the sequelae of such a poisoning Employment involving exposure to or
contact with benzene, a homologue of
benzene or a nitro-derivative or
amido-derivative of benzene
9. Poisoning by beryllium or a
compound of beryllium; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with beryllium, a compound of
beryllium or a preparation containing
beryllium or such a compound
10. Poisoning by cadmium or a
compound of cadmium; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with cadmium, a compound of
cadmium or a preparation containing
cadmium or such a compound
11. Poisoning by carbon bisulphide . Employment involving exposure to or
contact with carbon bisulphide
12. Poisoning by carbon monoxide ... Employment involving exposure to carbon
monoxide
13. Poisoning by copper or a compound
of copper, any of the sequelae of such
a poisoning Employment involving exposure to or
contact with copper, a compound of
copper
or a preparation containing copper or
such
a compound
14. Poisoning by a halogen derivative
of a hydrocarbon of the aliphatic
series Employment involving exposure to or
contact with a halogen derivative of a
hydrocarbon of the aliphatic series
15. Poisoning by hydrogen cyanide or
a compound of hydrogen cyanide Employment involving exposure to or
contact with hydrogen cyanide, a
compound
of hydrogen cyanide or a preparation
containing hydrogen cyanide or such a
compound
16. Poisoning by hydrogen sulphide . Employment involving exposure to
hydrogen
sulphide
17. Poisoning by lead or a compound
of lead; any of the sequelae of such a
poisoning Employment involving exposure to or
contact with lead, a compound of lead or
a
preparation containing lead or such a
compound
18. Poisoning by manganese or a
compound of manganese; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with manganese, a compound of
manganese or a preparation containing
manganese or such a compound
19. Poisoning by mercury or a
compound of mercury; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with mercury, a compound of
mercury or a preparation containing
mercury or such a compound
20. Poisoning by an oxide of
nitrogen; any of the sequelae of such
a poisoning Employment involving contact with
nitric
acid or the inhalation of oxides of
nitrogen
21. Poisoning by phosphorus or a
compound of phosphorus; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with phosphorus, a compound of
phosphorus or a preparation containing
phosphorus or such a compound
22. Poisoning by vanadium or a
compound of vanadium; any of the
sequelae of such a poisoning Employment involving exposure to or
contact with vanadium, a compound of
vanadium or a preparation containing
vanadium or such a compound
23. Poisoning by zinc or a compound
of zinc; any of the sequelae of such a
poisoning Employment involving exposure to or
contact with zinc, a compound of zinc or
a
preparation containing zinc or such a
compound
24. Primary epitheliomatous cancer of
the skin Employment involving exposure to or
contact with tar, pitch, bitumen,
mineral
oil, paraffin or a compound, product,
or
residue of any of those substances
25. Q Fever ........................ Employment involving exposure to or
contact with Coxiella burnetii
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COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - SCHEDULE 2
SCH
SECOND SCHEDULE Regulation
20
WITNESSES' FEES AND TRAVELLING EXPENSES
1. A witness summoned to appear before the Tribunal to give evidence
because
of his professional, scientific or other special skill or knowledge shall be
paid a fee of such amount as the Tribunal, or the person taxing costs in
relation to the proceeding, determines, being not less than Ten dollars fifty
cents and not more than Fifty-two dollars fifty cents, for each day on which
he
so appears.
2. A witness, other than a witness referred to in item 1 of this Schedule,
summoned to appear before the Tribunal to give evidence shall be paid-
(a) if he is remunerated in his occupation by wages, salary or fees-
(i) a fee equal to the amount of wages, salary or fees lost by him by
reason of his so appearing; or
(ii) a fee of Sixteen dollars for each day on which he so appears,
whichever is the less; or
(b) if he is not so remunerated-a fee of Six dollars for each day on which
he so appears.
3. A witness summoned to appear before the Tribunal to give expert evidence
shall be paid, in addition to any other fee payable to him under item 1 or
item
2 of this Schedule, such amount as the Tribunal, or the person taxing costs
in
relation to the proceeding, thinks reasonable for qualifying to give that
evidence.
4. A witness summoned to appear before the Tribunal to give evidence shall
be
paid such amount as the Tribunal, or the person taxing costs in relation to
the
proceeding, thinks reasonable-
(a) in respect of his conveyance to and from the place at which he so
attends; and
(b) if he is required to be absent overnight from his usual place of
residence-for meals and accommodation.
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - SCHEDULE 3
SCH
THIRD SCHEDULE
FORM 1 Regulation 25
(1)
Compensation (Commonwealth Employees) Act
CERTIFICATE UNDER SECTION 41
I (or We),, certify that, on the
day of , 19 , I (or we) examined (full name of person examined)
(in this certificate referred to as "the employee") of (postal address) and I
(or we) state that-
1. The employee is suffering (or has suffered) from (or from an
aggravation,
acceleration or recurrence of) (specify nature of injury or disease).
2. The injury (or disease or aggravation, acceleration or recurrence of the
injury or disease, as the case may be) suffered by the employee has (or has
not) resulted in severe and permanent facial disfigurement to the employee.
*3. The amount of compensation that in my (or our) opinion should be paid
in
respect of that
disfigurement isdollars.
Dated this day of , 19 .
(Signature(s))
* Strike out if inapplicable.
FORM 2 Regulation 25
(2)
Compensation (Commonwealth Employees) Act
CERTIFICATE UNDER SECTION 42
I (or We),, certify that, on the
day of , 19 , I (or we) examined (full name of person examined)
(in this certificate referred to as "the employee") of (postal address) and I
(or we) state that-
1. The employee is suffering (or has suffered) from (or from an
aggravation,
acceleration or recurrence of) (specify nature of injury or disease).
2. The injury (or disease or aggravation, acceleration or recurrence of the
injury or disease, as the case may be) suffered by the employee has (or has
not) resulted in total and permanent loss of the sense of taste (or smell or
taste
and smell, as the case may be) by the employee.
Dated this day of , 19 .
(Signature(s))
FORM 3 Regulation 25
(3)
Compensation (Commonwealth Employees) Act
CERTIFICATE UNDER SECTION 59
I (or We),, certify that, on the
day of , 19 , I (or we) examined (full name of person examined)
(in this certificate referred to as "the employee") of (postal address) and I
(or we) state that-
1. The employee is suffering from (or from an aggravation, acceleration or
recurrence of) (specify nature of injury or disease).
2. The employee-
*(a) is not fit to undertake employment in any occupation;
*(b) is not fit to undertake his usual employment;
*(c) is fit to undertake his usual employment;
*(d) is fit to undertake employment in such occupations as (specify
occupations).
3. (Specify any other information that the Commissioner has required to be
specified).
Dated this day of , 19 .
(Signature(s))
* Strike out if inapplicable.
FORM 4 Regulation 25
(3A)
Compensation (Commonwealth Government Employees) Act
ELECTION UNDER SUB-SECTION 52B (1) OF THE AUSTRALIAN
NATIONAL RAILWAYS ACT
To the Commissioner for Employees' Compensation
I (full name) of (postal address) , (if the election is made on
behalf of another person, add on behalf of (full name of that person))
, hereby elect to have the accompanying claim for compensation in
relation
to the injury
sustained by (full name of employee)
a transferred South Australian employee within the meaning of the Australian
National Railways Act 1917, dealt with in accordance with the applied South
Australian provisions, being the applied South Australian provisions within
the
meaning of section 52B of the Australian National Railways Act 1917.
Dated this day of 19 .
(Signature of person making
election)
COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - SCHEDULE 4
SCH
SCHEDULE 4 Regulation
26
AMOUNTS OF COMPENSATION
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Column 1 Column 2 Column
3
Amount Item No. Provision of the Act
prescribed
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$
1 Subsection 37 (3) .......................................
1,600.00
2 Subsection 39 (1) .......................................
56,700.00
3 Subsection 39 (7) .......................................
28,370.00
4 Subsection 40 (1) .......................................
28,370.00
5 Subsection 41 (1) .......................................
28,370.00
6 Paragraph 41 (6) (b) ....................................
28,370.00
7 Subsection 42 (1) .......................................
5,670.00
8 Subsection 42 (2) .......................................
5,670.00
9 Paragraph 43 (3) (a) ....................................
56,700.00
10 Paragraph 43 (4) (a) ....................................
56,700.00
11 Paragraph 43 (7) (b) ....................................
2,270.00
12 Subsection 44 (1) .......................................
1,460.00
13 Paragraph 45 (2) (a) ....................................
182.20
14 Subsection 45 (3) .......................................
47.70
15 Subsection 45 (4) .......................................
22.70
16 Subparagraph 46 (2) (a) (i) .............................
182.20
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COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) REGULATIONS - SCHEDULE 5
SCH
SCHEDULE 5 Regulation
29
PRESCRIBED LAWS
Part 1-Laws of the State of New South Wales
Compensation to Relatives Act of 1897
Crimes Act, 1900
Damage by Aircraft Act, 1952
Civil Aviation (Carriers' Liability) Act, 1967
Criminal Injuries Compensation Act, 1967
Sporting Injuries Insurance Act, 1978
Part 2-Laws of the State of Victoria
Civil Aviation (Carriers' Liability) Act 1961
Criminal Injuries Compensation Act 1972
Motor Accidents Act 1973
Part 3-Laws of the State of Queensland
The Criminal Code Act, 1899
Part 4-Laws of the State of Western Australia
Criminal Code Act Compilation Act, 1913
Fatal Accidents Act, 1959
Civil Aviation (Carriers' Liability) Act, 1961
Damage by Aircraft Act, 1964
Criminal Injuries Compensation Act 1982
Part 5-Laws of the State of South Australia
Civil Aviation (Carriers' Liability) Act 1962
Criminal Injuries Compensation Act, 1977-78
Part 6-Laws of the State of Tasmania
Criminal Code Act 1924
Fatal Accidents Act 1934
Civil Aviation (Carriers' Liability) Act 1963
Damage by Aircraft Act 1963
Motor Accidents (Liabilities and Compensation) Act 1973
Criminal Injuries Compensation Act 1976
Part 7-Laws of the Australian Capital Territory
Crimes Act, 1900 of the State of New South Wales in its application to the
Australian Capital Territory
Criminal Injuries Compensation Ordinance 1983
Part 8-Laws of the Northern Territory
Compensation (Fatal Injuries) Act
Motor Accidents (Compensation) Act
Crimes Compensation Act 1982
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