Commonwealth Employees’ Compensation
No. 123 of 1968
An Act to increase the Amounts of Weekly Payments of Compensation payable to, and in respect of, Employees of the Commonwealth.
[Assented to 3 December 1968]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Employees’ Compensation Act 1968.
(2.) The Commonwealth’ Employees’ Compensation Act 1930–1967 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Compensation Act 1930–1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
First Schedule.
3. The First Schedule to the Principal Act is amended as set out in the following table:—
Provision amended | Omit— | Insert— |
Paragraph (1.) (b).... | Twenty-five dollars thirty-five cents | Twenty-eight dollars cents fifteen |
Paragraph (1.) (b) (i).. | Six dollars | Six dollars eighty cents |
Paragraph (1.) (b) (ii).. | Two dollars forty-five cents | Two dollars fifty cents |
Paragraph (1.) (c) (i).. | Twenty-five dollars thirty-five cents | Twenty-eight dollars fifteen cents |
Paragraph (1a.) (b) (iii) | Nineteen dollars | Twenty-one dollars ten cents |
| Twenty-five dollars thirty-five cents | Twenty-eight dollars fifteen cents |
Adjustment of weekly payments under prior Acts.
4.—(1) Where, immediately before the date of commencement of this Act, a person was receiving weekly payments under the Commonwealth Workmen’s Compensation Act 1912 or was receiving, or was entitled to receive, weekly payments in accordance with the First Schedule to the Principal Act, he is, from and including that date, entitled to receive weekly payments in accordance with the Principal Act as amended by this Act.
(2.) Where, before the date of commencement of this Act, an employee sustained an injury or contracted a disease in respect of which weekly payments in accordance with the First Schedule to the Principal Act would have been payable immediately before that date but for the fact that he was not then incapacitated for work, and on or after that date he becomes incapacitated for work as a result of the injury or disease, weekly payments in respect of that incapacity shall be in accordance with the Principal Act as amended by this Act.
(3.) Where, on or after the date of commencement of this Act, death results from an injury or a disease that was sustained or contracted before that date and in respect of which compensation was payable under the Principal Act, compensation shall be paid in respect of that death in accordance with the Principal Act as amended by this Act.
Overview
The Commonwealth Employees’ Compensation Act 1968 was enacted to address the need for an adjustment in the amounts of weekly payments of compensation payable to employees of the Commonwealth. This Act was introduced to ensure that compensation payments are aligned with contemporary economic conditions and the changing needs of Commonwealth employees. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the primary objective of this Act is to amend the Commonwealth Employees’ Compensation Act 1930–1967 to increase the specified weekly compensation payments. By doing so, it aims to provide adequate financial support to employees who have sustained injuries or contracted diseases in the course of their employment, as well as to their beneficiaries in the event of death resulting from such injuries or diseases.
Scope and Application
The Commonwealth Employees’ Compensation Act 1968 applies to employees of the Commonwealth who are entitled to compensation under the Act, including those who were receiving compensation under the Commonwealth Workmen’s Compensation Act 1912 prior to the Act’s commencement. It also applies to employees who sustain injuries or contract diseases that entitle them to compensation under the Act, whether before or after its commencement. The Act amends the Commonwealth Employees’ Compensation Act 1930–1967 to increase the amounts of weekly payments of compensation payable to these employees. The Act applies nationally within the Commonwealth of Australia and extends its application through the adjustments outlined in the First Schedule, which modifies specific payment rates. The Act does not specify any exclusions, exemptions, or thresholds, and its provisions are effective from the date of its Royal Assent.
Key Provisions
The Commonwealth Employees’ Compensation Act 1968 (C1968A00123) is a legislative instrument aimed at amending the rates of weekly payments of compensation for Commonwealth employees. Section 1 provides the short title and citation of the Act, which is to be known as the Commonwealth Employees’ Compensation Act 1968, and references the Principal Act, the Commonwealth Employees’ Compensation Act 1930–1967, which will be amended by this Act. Section 2 stipulates that the Act will come into operation on the day it receives the Royal Assent. The First Schedule to the Principal Act is amended in Section 3, which includes adjustments to the amounts of weekly payments for various categories of Commonwealth employees.
The Act imposes obligations on Commonwealth employees who were receiving compensation under prior Acts such as the Commonwealth Workmen’s Compensation Act 1912 or the Principal Act before the commencement of this Act. Section 4(1) mandates that these employees are now entitled to receive weekly payments in accordance with the Principal Act as amended by this Act. Furthermore, Section 4(2) states that employees who sustained an injury or contracted a disease before the Act's commencement but only became incapacitated for work after the commencement date will also receive payments in accordance with the amended Principal Act. Section 4(3) further stipulates that if an employee dies as a result of an injury or disease sustained before the Act's commencement, compensation for that death will be paid in accordance with the amended Principal Act.
In terms of consequences for non-compliance or breaches, the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences for failing to adhere to its provisions. However, it is understood that non-compliance with legislative requirements for compensation payments could potentially lead to legal action, fines, or other civil liabilities depending on the specific circumstances and the governing laws in place at the time. The maximum penalties, if any, are not specified within the text of this Act.