Commonwealth Employees' Rehabilitation and Compensation Regulations (Amendment) 1994 No. 258
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 258
Issued by the Authority of the Assistant Minister for Industrial Relations
Safety, Rehabilitation and Compensation Act 1988
Commonwealth Employees' Rehabilitation and Compensation Regulations (Amendment)
Section 122 of the Safety, Rehabilitation and Compensation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 114 of the Act provides that an amount of overpayment of compensation, other than those paid to a retired employee, may be recovered by Comcare or by a licensed authority under the Act.
Section 114B of the Act provides that overpayment of compensation to a retired employee may be recovered by Comcare or by a licensed authority under the Act.
To facilitate collection of overpayments, subsection 114A(1) of the Act provides that the former employer of a retired employee (who was entitled to compensation under the Act) is to notify Comcare of the fact of the retirement. The requirement to so notify is imposed on the 'appropriate officer' in relation to the retired employee.
Subsection 114A(2) of the Act defines 'appropriate officer'. In relation to an employee who is not employed by the' Commonwealth but is employed in a Department the 'appropriate officer' is defined as a person prescribed by the regulations.
It has been necessary to prescribe an 'appropriate officer' for the Australian Federal Police and the Australian Defence Force.
A new regulation 4 has been inserted into the Safety, Rehabilitation and Compensation Regulations (the Regulations) which prescribes the Chief of the Defence Force as the appropriate officer in relation to members of the Defence Force and the Commissioner of the Australian Federal Police as the appropriate officer in relation to members of the Australian Federal Police.
Amending regulations 2 and 3 have changed the title of the Regulations and a reference to the title of the Act in the Regulations. The short title of the Act was changed to the Safety, Rehabilitation and Compensation Act 1988 by the Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 and corresponding changes have been made to the Regulations.
Overview
The Commonwealth Employees' Rehabilitation and Compensation Regulations (Amendment) 1994 No. 258 were enacted to address a gap in the existing regulatory framework regarding the notification of retirement for the purposes of recovering overpayments of compensation under the Safety, Rehabilitation and Compensation Act 1988. This regulation was issued by the authority of the Assistant Minister for Industrial Relations to amend the Safety, Rehabilitation and Compensation Regulations, ensuring the appropriate officer is designated for retired employees within the Australian Defence Force and the Australian Federal Police. The policy objective of this amendment is to facilitate the recovery of overpayments of compensation by ensuring that the correct officials are notified of the retirement of employees who were entitled to compensation under the Act, thereby streamlining the administrative process for collection.
Scope and Application
The Commonwealth Employees' Rehabilitation and Compensation Regulations (Amendment) 1994 No. 258 applies to the recovery of overpayments of compensation under the Safety, Rehabilitation and Compensation Act 1988. The Act applies to Commonwealth employees, including those who are retired, and their former employers. The Regulations extend the application of the Act by prescribing certain officers as appropriate for notifying Comcare of retirements. Specifically, the Chief of the Defence Force is designated for members of the Defence Force and the Commissioner of the Australian Federal Police for members of the Australian Federal Police. This amendment ensures that the appropriate officer is notified of retirements, facilitating the recovery of overpayments as per the Act. The Regulations have a national reach, governing the conduct and transactions of Commonwealth employees and their employers across Australia. Any exclusions or exemptions are not specified within the text, and the scope of the Act is further extended or restricted through the subordinate instruments as necessary.
Key Provisions
The key operative sections of the Commonwealth Employees' Rehabilitation and Compensation Regulations (Amendment) 1994 No. 258 (the Amendment) are sections 4, 2, and 3. Section 4 introduces a new regulation that designates specific officers as appropriate for notifying Comcare of the retirement of employees, which is crucial for the recovery of overpayments of compensation. Section 2 and 3 amend the titles of the existing regulations and references to the Safety, Rehabilitation and Compensation Act 1988 (the Act) to ensure consistency and accuracy within the regulatory framework.
The Amendment imposes obligations on the Chief of the Defence Force and the Commissioner of the Australian Federal Police. These individuals are designated as appropriate officers responsible for notifying Comcare when members of their respective organisations retire. This notification is a critical step in facilitating the recovery of any overpayments of compensation under the Act. The Amendment also mandates that these officers ensure that the necessary notifications are made in accordance with the regulatory requirements.
The Amendment does not explicitly outline offences, penalties, or consequences for breach in the explanatory statement. However, under the Act, subsection 114A(1) stipulates that the former employer of a retired employee must notify Comcare of the retirement. Failure to comply with this requirement may result in difficulties in recovering overpayments, which could be considered a breach of the regulatory obligations. While specific penalties for non-compliance are not detailed in the explanatory statement, the potential consequence of non-compliance would be the inability to recover overpayments effectively. It is important to note that the actual penalties for such breaches would be governed by the overarching provisions of the Act and any relevant legislation.