Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1990

Administered by Department of Employment, Skills, Small and Family Business

Legislation au C2004A03999 Not in force Act

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Commonwealth Employees’ Rehabilitation and Compensation Amendment Act 1990

No. 68 of 1990

 

An Act to amend the Commonwealth Employees'Rehabilitation and Compensation Act 1988

[Assented to 16 June 1990]

 

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Commonwealth Employees’ Rehabilitation and Compensation Amendment Act 1990.

(2) In this Act, “Principal Act” means the Commonwealth Employees’ Rehabilitation and Compensation Act 19881.

Commencement

2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2)  Section 3 is taken to have commenced on 1 January 1990.

(3)  Subject to subsection (4), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

(4) If the provisions referred to in subsection (3) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence at the end of that period.

Employees

3. Section 5 of the Principal Act is amended:

(a) by inserting in paragraph (2) (a) “or staff member” after “member”;

(b) by inserting in subsection (2) “or staff member” after “such a member”.

Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work

4. Section 131 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

“(1) This section applies to a former employee who:

(a) on the commencing day, was under 65 and in receipt of a pension under a superannuation scheme; and

(b) is not capable of engaging in any work.”.

Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work

5. Section 132 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

“(1) This section applies to a former employee who:

(a) on the commencing day, was under 65 and not in receipt of a pension under a superannuation scheme; and

(b) is not capable of engaging in any work.”.

6. After section 132 of the Principal Act the following section is inserted:

Former employees under 65 who are capable of earning an amount in suitable employment

“132a. (1) This section applies to a former employee who was under 65 on the commencing day, and who is capable of earning an amount per week in suitable employment.

“(2) Where a person to whom this section applies was in receipt of a pension under a superannuation scheme on the commencing day, then, subject to this Division, the amount of compensation payable per week to the former employee is:

(a) the amount of compensation per week that would have been payable under section 131 if that section had applied to the former employee, less the amount per week that he or she is able to earn in suitable employment; or

(b) the amount of compensation per week that would have been payable under section 20 if that section had applied to the former employee;

whichever is greater.

“(3) Where a person to whom this section applies was not in receipt of a pension under a superannuation scheme on the commencing day, then, subject to this Division, the amount of compensation payable per week to the former employee is:

(a) the amount of compensation per week that would have been payable under section 132 if that section had applied to the former employee, less the amount per week that he or she is able to earn in suitable employment; or

(b) the amount of compensation per week that would have been payable under section 19 if that section had applied to the former employee, less an amount equal to 5% of his or her normal weekly earnings;

whichever is greater.

“(4) In determining, for the purposes of this section, the amount per week a former employee is able to earn in suitable employment, the Commission must have regard to the factors mentioned in paragraphs 19 (4) (a), (b), (c), (d), (e), (f) and (g) as if those paragraphs referred to the former employee.”.

Redaction of compensation on reaching 65

7. Section 134 of the Principal Act is amended by omitting from subsection (1) “or 132” and substituting “, 132 or 132a”.

 

NOTE

1. No. 75, 1988, as amended. For previous amendments, see Nos. 109 and 135, 1988.

[Minister's second reading speech made in—

Senate on Senate on 17 May 1990

House of Representatives on 31 May 1990]

Overview

The Commonwealth Employees’ Rehabilitation and Compensation Amendment Act 1990 was enacted to address issues surrounding the eligibility and compensation of Commonwealth employees who were injured or incapacitated during their service. This Act amends the Commonwealth Employees' Rehabilitation and Compensation Act 1988 by broadening the definition of who qualifies as an employee for the purposes of rehabilitation and compensation. The Act was passed by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to ensure that former employees under the age of 65, who are unable to engage in any work, are properly compensated regardless of their superannuation status. Additionally, it seeks to adjust compensation calculations for those who are capable of earning an amount in suitable employment.

Scope and Application

The Commonwealth Employees’ Rehabilitation and Compensation Amendment Act 1990 amends the Commonwealth Employees' Rehabilitation and Compensation Act 1988 to extend coverage to staff members and to provide more detailed provisions regarding compensation for former employees under 65 years of age who are unable to engage in any work. This Act applies to Commonwealth employees, staff members, and former employees who meet the specified criteria, particularly those who are under 65 years of age and are not capable of engaging in any work, as well as those who can earn an amount in suitable employment. The amendments also affect the cessation of compensation upon reaching 65 years of age. The Act has a national reach as it pertains to Commonwealth employees and former employees across Australia. There are no specific exclusions mentioned in the Act itself, although the applicability of compensation is contingent upon the specific circumstances of the former employees as outlined in the amended sections. The Act may be further refined or extended through subordinate instruments, such as regulations or rules, which may provide additional detail on the implementation and administration of the Act.

Key Provisions

The Commonwealth Employees’ Rehabilitation and Compensation Amendment Act 1990 amends the Commonwealth Employees' Rehabilitation and Compensation Act 1988, primarily through its operative sections. Section 3 expands the definition of "employee" to include "staff member" (section 5). Section 4 modifies section 131 of the Principal Act, applying it to former employees under 65 who are in receipt of a superannuation pension and are unable to work. Section 5 similarly modifies section 132, applying it to former employees under 65 who are not in receipt of a superannuation pension and are unable to work. Section 6 introduces section 132a, applying to former employees under 65 who are capable of earning an amount in suitable employment, detailing the compensation calculation in such cases. Finally, section 7 amends section 134 of the Principal Act to include sections 132 and 132a in the cessation of compensation upon reaching 65. The Act imposes specific obligations on parties and entities it governs. For instance, section 3 requires that former staff members be included within the definition of employees under the Principal Act. Section 4 and 5 ensure that former employees under 65 who are unable to work, whether or not they are receiving superannuation benefits, are eligible for the specified compensation. Section 6 introduces a new category of former employees capable of earning in suitable employment, requiring the Commission to consider various factors in determining their compensation. Section 7 mandates that compensation for all affected former employees under sections 132 and 132a ceases upon reaching 65. The Act does not explicitly detail offences, penalties, or consequences for breach within the provided text. However, it is reasonable to infer that breaches of the compensation and eligibility criteria set forth in sections 4, 5, and 6 may lead to civil or administrative penalties, as is common in statutory compensation schemes. The maximum penalties, if applicable, would likely be outlined in the Principal Act or related legislation.

Legal classification tags

Area of Law
Employees' Compensation Law
Instrument
Amending Act
Concepts
Commencement Provisions
Offence Provisions
Reporting & Disclosure Obligations

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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.