Health and Other Services (Compensation) Regulations 1995 (Cth)

Health and Other Services (Compensation) Regulations 1995

Statutory Rules 1995 No. 441 as amended

made under the

Health and Other Services (Compensation) Act 1995

This compilation was prepared on 26 September 2002

taking into account amendments up to SR 2002 No. 228

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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    1Name of Regulations [see Note 1]

 These Regulations are the Health and Other Services (Compensation) Regulations 1995.

2Commencement

 These Regulations commence on 1 February 1996.

3Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the Health and Other Services (Compensation) Act 1995.

4What is a small amount of compensation?

• (1)

  For the purposes of subsection 38 (2) of the Act, the following amounts are prescribed:

  • (a)

    in relation to an amount of compensation fixed in the period of 12 months from the beginning of 1 February 1996 — $150;

  • (b)

    in relation to an amount of compensation fixed in each succeeding period of 12 months-an amount calculated using the formula:

• (2)

  In the formula in paragraph (1) (b):

   (a)amount means:

  • (i)

    in the application of the formula in that paragraph to the first period of 12 months — the amount prescribed in paragraph (1) (a); and

  • (ii)

    in the application of that formula to a later period-the amount calculated in the application of the formula to the preceding period of 12 months; and

  • (b)

    index number for the CPI September quarter means the All Groups Consumer Price Index (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician for the period of 3 months ending on 30 September in the preceding period of 12 months.

5Certain payments not compensation (Act s 4)

• (1)

  Subject to subregulation (2), for paragraph 4 (2) (e) of the Act, a payment is not compensation if the following conditions are met:

  • (a)

    the payment is made under a provision of a Commonwealth, State or Territory Act specified in column 2 of an item in Schedule 1;

  • (b)

    if any circumstances are specified in column 3 of that item, the payment is made in those circumstances;

  • (c)

    the payment is made on or before the date (if any) specified in column 4 of that item.

• (2)

  If an item in Schedule 1 specifies a date on which a provision of a State or Territory Act is in force, and the provision is amended after that date, subregulation (1) does not apply to payments made under the provision after the commencement of the amendment.

Schedule 1Prescribed payments

(regulation 5)

  

Item	Provision	Circumstances	Date for payment
1	Subdivision 1, 2 or 3 of Division 3A of Part IV of the Accident Compensation Act 1985of Victoria, as in force on 12 December 2001	30 June 2006

Notes to the Health and Other Services (Compensation) Regulations 1995

Note 1

The Health and Other Services (Compensation) Regulations 1995 (in force under the Health and Other Services (Compensation) Act 1995) as shown in this compilation comprise Statutory Rules 1995 No. 441 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1995 No. 441	22 Dec 1995	1 Feb 1996
2002 No. 228	26 Sept 2002	26 Sept 2002	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	rs. 2002 No. 228
R. 5..........................................	ad. 2002 No. 228
Schedule 1.............................	ad. 2002 No. 228