Commonwealth Employees' Compensation Act 1930

Legislation au C1930A00024 Not in force Act

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COMMONWEALTH EMPLOYEES’ COMPENSATION.

 

No. 24 of 1930.

An Act relating to Compensation to Employees of the Commonwealth for Injuries suffered in the course of their Employment.

[Assented to 14th August, 1930.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Commonwealth Employees’ Compensation Act 1930.


Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Repeal.

3. The Commonwealth Workmen’s Compensation Act 1912 is repealed:

Provided that nothing in this section shall affect any right, privilege, obligation or liability acquired, accrued or incurred under that Act prior to the commencement of this Act:

Provided further that that Act shall continue in force to the extent necessary for the determination of, or the adjudication upon, any such right, privilege, obligation or liability.

Definitions.

4.—(1.) In this Act, unless the contrary intention appears—

“Commissioner” means the Commissioner for Employees’ Compensation;

“Commonwealth” includes any Territory which is part of the Commonwealth;

“County Court” means a County Court, District Court, or Local Court of any State, or Territory being part of the Commonwealth, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a Judge or a Police, Stipendiary or Special Magistrate;

“Dependants” means such of the members of an employee’s family as were wholly or in part dependent upon the earnings of the employee at the time of his death, or who would, but for the incapacity due to the accident, have been so dependent; and where the employee—

(a) being the parent or grandparent of an illegitimate child, leaves the child so dependent upon his earnings; or

(b) being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings,

includes such an illegitimate child and parent or grand-parent respectively;

“Employee” means any officer who is subject to the Commonwealth Public Service Act 1922‑1930 and includes any temporary employee and any officer or employee to whom the Governor-General has declared that that Act shall not apply and any person who has entered into or works under a contract of service or apprenticeship with the Commonwealth, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing, but does not include—

(a) an outworker; or

(b) any member of the Naval, Military or Air Forces of the Commonwealth;


“Member of a family” means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child or mother-in-law;

“Outworker” means a person to whom articles or materials are given out to be treated…

Overview

The Commonwealth Employees’ Compensation Act 1930 was enacted to address the need for a comprehensive compensation scheme for Commonwealth employees who suffer injuries or illnesses arising out of and in the course of their employment. This Act replaced the Commonwealth Workmen’s Compensation Act 1912, ensuring that employees receive fair and equitable compensation while also protecting the Commonwealth from excessive liability. Enacted by the Commonwealth Parliament, the policy objective of the Act is to provide a structured framework for compensation, ensuring that employees are adequately supported while maintaining the financial interests of the Commonwealth. The Act establishes the role of the Commissioner for Employees’ Compensation, outlines the conditions for compensation, and sets forth the procedures for medical examinations and appeals, among other provisions.

Scope and Application

The Commonwealth Employees’ Compensation Act 1930 applies to employees of the Commonwealth, including any temporary employees or those under a contract of service or apprenticeship with the Commonwealth, but explicitly excludes outworkers and members of the Naval, Military, or Air Forces. The Act extends to any territory that is part of the Commonwealth and is applicable to prescribed Commonwealth authorities. The Secretary to the Treasury serves as the Commissioner for Employees’ Compensation and has the authority to determine matters such as the entitlement to compensation, the degree of incapacity, and the amount of weekly pay, guided by equity and the substantial merits of the case. The Act provides for compensation in cases of personal injury, certain industrial diseases, and specified injuries, with provisions for medical benefits and maximum compensation limits. Notably, employees are precluded from recovering compensation from the Commonwealth or any other person under this Act, and there are specific provisions regarding claims against third parties and the circumstances under which an employee may elect to receive compensation either under this Act or under a determination made by the Public Service Arbitrator. The Act also outlines the procedure for medical examinations, the role of medical referees, and the process for appeals against determinations made by the Commissioner. The application of the Act can be extended to other Commonwealth authorities by regulation, and the Governor-General may make regulations to prescribe procedural matters necessary for the effective implementation of the Act.

Key Provisions

  • The Commonwealth Employees’ Compensation Act 1930 (Cth) (Act) outlines the provisions for compensating employees of the Commonwealth who suffer injuries or certain industrial diseases in the course of their employment. The Act establishes the role of the Commissioner for Employees’ Compensation (s. 5) and defines key terms such as "employee," "dependants," and "injury" (s. 4). The Commissioner has broad powers to examine, hear, and determine matters under the Act, guided by equity and the merits of each case, without being bound by technicalities or legal precedent (s. 6).
  • The Act imposes obligations on employees to notify the Commissioner of any injury as soon as practicable and to submit to medical examinations when required (s. 16, s. 19). The Commonwealth is liable to pay compensation for personal injuries and certain industrial diseases (s. 9, s. 10), with the amount of compensation determined according to prescribed scales and conditions (First Schedule). The Act also provides for medical benefits and sets out maximum compensation limits (s. 11, s. 13).
  • Breaches of the Act can lead to civil consequences. For instance, if an employee refuses to submit to a medical examination or obstructs it, their right to compensation is suspended until the examination takes place (s. 19). Additionally, any person affected by a determination or action of the Commissioner can appeal to a County Court within thirty days of the determination or action (s. 20). Failure to adhere to the Act’s provisions can result in the suspension of compensation payments and other legal repercussions as deemed necessary by the Commissioner.

Legal classification tags

Area of Law
Employment & Labour Law
Compensation Law
Instrument
Act
Concepts
Definitions & Interpretation
Compensation Obligations
Medical Examinations
Appeals
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.