COMMONWEALTH OF AUSTRALIA
Commonwealth Employees’ Rehabilitation
and Compensation Act 1988
NOTICE OF DECLARATIONS AND SPECIFICATION
Notice No 5 of 1991
I, Peter Francis Salmon Cook, Minister of State for Industrial Relations, hereby declare or specify, on and from the date of publication of this Notice in the Commonwealth of Australia Gazette, the following matters for the purposes of various provisions of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (in this Notice referred to as “the Act”):
1. For the purposes of paragraph (c) of the definition of “Commonwealth authority” in subsection 4(1) of the Act, the Commonwealth Telecommunications Interim Board Ltd, being a body corporate incorporated under a law of the ACT in which the Commonwealth has a controlling interest, is declared to be a body corporate to which the Act applies:
2. For the purposes of paragraph (d) of the definition of “Commonwealth authority” in subsection 4(1) of the Act, the Marine Management Services Pty Ltd, a body corporate incorporated under a law of Victoria in which a Commonwealth authority (ANL Ltd) has a controlling interest, is declared to be a body corporate to which the Act applies:
3. For the purposes of subsection 5(6) of the Act:
(a) a person who is included in the class of persons referred to in the first column of the following table, being a class of persons who engage in activities or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth, or at the request or direction, or for the benefit, of a Commonwealth authority, is declared to be employed by the Commonwealth or by that authority, as the case may be; and
(b) the employment of the person is declared to be constituted by the performance by the person of an act included in the class of acts referred to in the second column of that table:
First Column Class of Persons | Second Column Class of Acts |
Persons who, under the control or direction of a Commonwealth officer, assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the Australian War Memorial | Acts performed in connection with the rendering of the assistance |
4. For the purposes of section 97 of the Act, the specified rate is the rate that, at any particular time, is two percentage points higher than the yield applicable at that time in respect of 3 year non-rebate Commonwealth Treasury bonds.
Peter Cook
Peter Cook
Minister for Industrial Relations
11 December 1991
Overview
The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 was enacted to provide for the rehabilitation and compensation of Commonwealth employees who suffer injury or illness due to their employment. This legislation was introduced to address the gap in support and rehabilitation services for employees working under the Commonwealth government. The Act was enacted by the Commonwealth Parliament, aiming to ensure that federal employees receive adequate rehabilitation and compensation when they are injured or fall ill as a result of their work. The policy objective of the Act is to provide a structured framework for the rehabilitation and compensation of employees, ensuring they are properly supported in their recovery and continued employment or transition to new roles. The Act seeks to balance the needs of the employees with the operational requirements of the Commonwealth, ensuring fairness and efficiency in the process.
Scope and Application
The Commonwealth Employees' Rehabilitation and Compensation Act 1988 is a legislative instrument that applies to specific persons, entities, and activities within the Commonwealth of Australia. The Act extends its reach to Commonwealth authorities and other bodies corporate where the Commonwealth has a controlling interest. For instance, the Commonwealth Telecommunications Interim Board Ltd, incorporated under a law of the ACT, and Marine Management Services Pty Ltd, incorporated under a law of Victoria with a Commonwealth authority having a controlling interest, are declared to be bodies corporate to which the Act applies. Additionally, the Act covers persons who engage in activities at the request or direction of the Commonwealth or a Commonwealth authority, such as individuals assisting in the running of the Australian War Memorial under the control or direction of a Commonwealth officer. The Act's application is further detailed through subordinate instruments, which can declare specific rates, such as the rate two percentage points higher than the yield of 3 year non-rebate Commonwealth Treasury bonds for certain calculations. This legislation sets out the scope and application of rehabilitation and compensation provisions for employees of the Commonwealth and related entities.
Key Provisions
The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (the Act) is subject to various declarations and specifications aimed at clarifying its application and scope. For instance, under Notice No 5 of 1991, issued by the Minister of State for Industrial Relations, the Commonwealth Telecommunications Interim Board Ltd and Marine Management Services Pty Ltd are declared to be entities to which the Act applies (section 1 and 2). This declaration is crucial for ensuring that these entities are subject to the provisions of the Act, particularly in terms of employees' rehabilitation and compensation.
The Act imposes specific obligations on the entities it governs. For example, it mandates that certain classes of persons who engage in activities or perform acts at the request or direction of the Commonwealth or a Commonwealth authority are considered employees of the Commonwealth or that authority, respectively (section 3). This includes individuals who assist in the running of the Australian War Memorial under the control or direction of a Commonwealth officer, even if they do not receive remuneration beyond expenses incurred (subsection 3(a)). The employment of these individuals is constituted by the acts they perform in connection with the assistance they provide (subsection 3(b)).
Furthermore, the Act specifies certain financial terms that are relevant for its application. Specifically, for the purposes of section 97 of the Act, the specified rate is defined as the rate that is two percentage points higher than the yield applicable at a particular time in respect of 3-year non-rebate Commonwealth Treasury bonds (section 4). This specification is vital for calculating certain financial aspects related to rehabilitation and compensation.
The Act also outlines potential consequences for breaches of its provisions. While the notice itself does not specify penalties, the Act may include provisions for offences and penalties that could apply to non-compliance. These could include both civil and criminal penalties, with the exact nature and severity of these penalties depending on the specific breach and the relevant sections of the Act. Given the broad scope of the Act, violations could potentially lead to significant legal and financial repercussions for the entities and individuals it governs.