Compensation (Australian Government Employees) Act 1974

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COMPENSATION (AUSTRALIAN

GOVERNMENT EMPLOYEES) ACT 1974

No. 92 of 1974

An Act to amend the Compensation (Australian Government Employees) Act 1971-1973, and for other purposes.

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

Short title and citation.

1. (1) This Act may be cited as the Compensation (Australian Government Employees) Act 1974.

(2) The Compensation (Australian Government Employees) Act 1971-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Compensation (Australian Government Employees) Act 1971-1974.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation of “prescribed Court”.

3. Section 5 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:—

“(2a) For the purposes of paragraphs (c), (d) and (e) of the definition of ‘prescribed Court’ in sub-section (1), a court that does not have jurisdiction to hear a personal action if the amount claimed in that action is more than a specified amount shall be taken to be a court that has limited civil jurisdiction in personal actions notwithstanding that a verdict may be returned or a judgment may be given in that action for an amount greater than that specified amount. ”.

4. (1) Section 11 of the Principal Act is repealed and the following section substituted:—

Remuneration of Commissioner.

“11. (1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.

“(2) The Commissioner shall be paid such allowances as are prescribed.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.”.

(2) Regulations in force at the commencement of this section for the purposes of sub-section 11(2) of the Principal Act continue in force as if made for the purposes of sub-section 11(2) of the Principal Act as amended by this Act.

Function and powers of Commissioner.

5. Section 20 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(6) Where a determination has been made under this Act (whether before or after the commencement of this sub-section) and, in pursuance of a request made under paragraph (b) of sub-section (4), the Commissioner, on or after the commencement of this sub-section—

(a) varies the determination in a manner favourable to a claimant or revokes the determination and makes a determination in substitution for the determination so revoked that is more favourable to a claimant than the determination so revoked; or

(b) varies the determination in a manner adverse to a claimant (not being the claimant who made the request) or revokes the determination and makes a determination in substitution for the determination so revoked that is less favourable to a claimant (not being the claimant who made the request) than the determination so revoked,

the Commonwealth is liable to reimburse that claimant for any costs reasonably incurred by him in relation to the first-mentioned determination after it was made and before it was varied or revoked.

Average weekly earnings.

6. Section 25 of the Principal Act is amended—

(a) by omitting from sub-section (2) the words “is intermittent or”;

(b) by omitting sub-section (9) and substituting the following sub-sections:—

“(9) Subject to the following provisions of this section, if the minimum amount per week payable to the employee in respect of the employment by the Commonwealth in which he was engaged at the date of the injury is increased, or would if he had continued in that employment have been increased, by reason of—

(a) the attainment by the employee of a particular age;

(b) the completion by the employee of a particular period of service; or

(c) the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to him or to the office, position or appointment held by him,

a reference in this Part to the average weekly earnings of the employee before the injury shall be read as a reference to the amount that is, by virtue of the foregoing provisions of this section, to be taken to be the amount of those average weekly earnings, increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.

“(9a) Subject to the following provisions of this section, if the employee continues after the date of the injury to be employed by the Commonwealth and the minimum amount per week payable to the employee in respect of that employment is increased by reason of the promotion of the employee, a reference in this Part to the average weekly earnings of the employee before the injury shall be read as a reference to the amount that is, by virtue of the foregoing provisions of this section, to be taken to be the amount of those average weekly earnings, increased by the same percentage as the percentage by which the minimum amount per week payable to the employee is increased by reason of that promotion. ”;

(c) by omitting from sub-section (10) the words “Subject to the next succeeding sub-section” and substituting the words “Subject to the following provisions of this section”; and

(d) by inserting after sub-section (11) the following sub-section: —

“(11a) If the amount of the average weekly earnings of an employee before the injury as calculated in accordance with the foregoing provisions of this section would exceed—

(a) in the case of an employee who continues to be employed by the Commonwealth—the amount per week of the earnings that the employee would receive if the employee were not totally or partially incapacitated for work; or

(b) in the case of an employee who has ceased to be employed by the Commonwealth—

(i) the amount per week of the earnings that the employee would receive if the employee had continued to be employed by the Commonwealth in the employment in which he was engaged at the date of the injury; or

(ii) the amount per week of the earnings that the employee would receive if the employee had continued to be employed by the Commonwealth in the employment in which he was engaged at the date on which his employment by the Commonwealth ceased,

whichever is the greater,

the amount so calculated shall be deemed to be reduced by the amount of the excess.”.

Compensation payable in respect of injuries resulting in total incapacity.

7. Section 45 of the Principal Act is amended by omitting sub- section (7) and substituting the following sub-section:—

“(7) If the employee—

(a) is retired from his employment as a result of the incapacity for work; and

(b) as a result of the retirement is in receipt of a pension under a superannuation or provident scheme established or maintained by the Commonwealth or by a prescribed authority of the Commonwealth,

the compensation payable to the employee in respect of each week during the period of the incapacity shall not exceed the amount, if any, by which the average weekly earnings of the employee before the injury exceed—

(c) if a part of the pension is, under the scheme, attributable to contributions for the pension paid by the employee—the part of the pension paid or payable to the employee in respect of that week that is not attributable to those contributions;

(d) if the employee has paid contributions under the scheme, the scheme does not identify a part of the pension as being attributable to those contributions and the Commissioner has determined that it is reasonable that a part of the pension should be treated as if it were attributable to those contributions—the part of the pension paid or payable to the employee in respect of that week that is determined by the Commissioner to be the part that is to be treated as not attributable to contributions for the pension paid by the employee; or

(e) in any other case—the pension paid or payable to the employee in respect of that week.

Compensation payable in respect of injuries resulting in partial incapacity.

8. Section 46 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:—

“(3) If the employee—

(a) is retired from his employment as a result of the partial incapacity for work; and

(b) as a result of the retirement is in receipt of a pension under a superannuation or provident scheme established or maintained by the Commonwealth or by a prescribed authority of the Commonwealth,

(d ) the amount of—

(i) if a part of the pension is, under the scheme, attributable to contributions for the pension paid by the employee—the part of the pension paid or payable to the employee in respect of that week that is not attributable to those contributions;

(ii) if the employee has paid contributions under the scheme, the scheme does not identify a part of the pension as being attributable to those contributions and the Commissioner has determined that it is reasonable that a part of the pension should be treated as if it were attributable to those contributions—the part of the pension paid or payable to the employee in respect of that week that is determined by the Commissioner to be the part that is to be treated as not attributable to contributions for the pension paid by the employee; or

(iii) in any other case—the pension paid or payable to the employee in respect of that week.

Reduction of compensation in certain cases.

9. Section 52 of the Principal Act is amended—

(a) by adding at the end of paragraph (c) of sub-section (4) the words “in pursuance of the following sub-sections of this section”; and

(b) by omitting paragraph (d) of that sub-section and substituting the following paragraph:—

“(d) an amount paid or payable under a superannuation or provident scheme established or maintained by the Commonwealth or by a prescribed authority of the Commonwealth; ”.

10. (1) Section 66 of the Principal Act is repealed and the following section substituted:—

Remuneration Tribunal.

“66. (1) A person constituting a Compensation Tribunal shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.

“(2) A person constituting a Compensation Tribunal shall be paid such allowances as are prescribed.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.”.

(2) Regulations in force at the commencement of this section for the purposes of sub-section 66(2) of the Principal Act continue in force as if made for the purposes of sub-section 66(2) of the Principal Act as amended by this Act.

Amendments relating to amount of compensation.

11. The Principal Act is amended as set out in the Schedule.

Amendments of the United States Naval Communication Station (Civilian Employees) Act.

12. (1) The Schedule to the United States Naval Communication Station (Civilian Employees) Act 1971-1973 is amended by omitting the words—

“Section 45(7)(b)...........	After ‘the Commonwealth’, insert ‘or by the Government of the United States of America

Section 46(3)(b)............	After ‘the Commonwealth’, insert ‘or by the Government of the United
	States of America ’.
Section 52(1) and (3).........	After ‘the Commonwealth’(wherever occurring), insert ‘or the
	Government of the United States of America ’.
Section 52(4)..............	After ‘by the Commonwealth’, insert ‘or the Government of the United
	States of America ’.
Section 52(4)(d)............	After ‘of the Commonwealth’, insert ‘or by the Government of the United
	States of America’.”
and substituting the words—
“Section 45(7)(b)...........	After ‘the Commonwealth’ (first occurring) insert ‘or by the Government
	of the United States of America ’.
Section 46(3)(b)............	After ‘the Commonwealth’ (first occurring) insert ‘or by the Government
	of the United States of America ’.
Section 52(1) and (3).........	After ‘the Commonwealth’ (wherever occurring), insert ‘or the
	Government of the United States of America’.
Section 52(4)..............	After ‘by the Commonwealth’, insert ‘or the Government of the United
	States of America ’.
Section 52(4)(d)............	After ‘the Commonwealth’ (first occurring), insert ‘or by the Government
	of the United States of America. ”.

(2) The United States Naval Communication Station (Civilian Employees) Act 1971-1973, as amended by this section, may be cited as the United States Naval Communication Station (Civilian Employees) Act 1971-1974.

Application of amendments.

13. (1) The amendments made by this Act apply in relation to any weekly payments of compensation made in respect of a period occurring on or after the date of commencement of this Act notwithstanding that the compensation is payable in respect of an injury sustained, a disease contracted, or an aggravation, acceleration or recurrence of a disease suffered, before that date.

(2) Where, on or after the date of commencement of this Act—

(a) an employee—

(i) dies;

(ii) suffers a loss of a kind referred to in section 39, 40 or 42 of the Principal Act as amended by this Act;

(iii) suffers facial disfigurement of a kind referred to in section 41 of that Act as so amended; or

(iv) becomes liable for any cost of a kind referred to in sub-section (3) of section 37 of that Act as so amended, or

(b) compensation under sub-section (5) of section 43 of that Act as so amended ceases to be payable for the benefit of a child, the amendments made by this Act apply in relation to any compensation payable in respect of that death (including the cost of the funeral of the employee), loss, disfigurement or cost, or payable under sub-section (7) of section 43 of the Principal Act as so amended in relation to that child, notwithstanding that the compensation is payable as a result of a death that occurred, an injury sustained, a disease contracted, or an aggravation, acceleration or recurrence of a disease suffered, before that date.

___________

SCHEDULE Section 11

AMENDMENTS RELATING TO COMPENSATION

Provision	Amendment
Section 37 (3).................	Omit “Three hundred and fifty dollars’’, substitute “$500”.
Section 39(l)..................	Omit “Fourteen thousand five hundred dollars”, substitute
	“$20,000”.
Section 39(3)..................	Omit “Fourteen thousand five hundred dollars”, substitute
	“$20,000”.
Section 39 (7).................	Omit “Seven thousand two hundred and fifty dollars’’, substitute
	“$10,000”.
Section 40(1)..................	Omit “Seven thousand two hundred and fifty dollars”, substitute
	“$10,000”.
Section 41(1)..................	Omit “Seven thousand two hundred and fifty dollars”, substitute
	“$10,000”.
Section 41(6)(b)................	Omit “Seven thousand two hundred and fifty dollars”, substitute
	“$10,000”.
Section 42(1)..................	Omit “One thousand four hundred and fifty dollars”, substitute
	“$2,000”.
Section 42(2)..................	Omit “One thousand four hundred and fifty dollars”, substitute
	“$2,000”.
Section 43(3)(a)................	Omit “Fourteen thousand five hundred dollars”, substitute
	“$20,000”.
Section 43(4)(a)................	Omit “Fourteen thousand five hundred dollars”, substitute
	“$20,000”.
Section 43(5)..................	Omit “Five dollars”, substitute “$7”.
Section 43(7)..................	(a) Omit “less than Five hundred dollars”, substitute “less than
	$700”;
	(b) Omit “and Five hundred dollars”, substitute “and $700”.
Section 44(1)..................	Omit “Three hundred dollars”, substitute “$450”.
Section 45(2)(a)................	Omit “Forty-three dollars”, substitute“$57”.
Section 45(3)..................	Omit “Eleven dollars”, substitute“$15”.
Section 45(4)..................	Omit “Five dollars”, substitute “$7”.
Section 46(2)..................	Omit “Forty-three dollars”, substitute “$57”.
Section 48 (1).................	Omit “Nine dollars”, substitute “$14”.

Overview

The Compensation (Australian Government Employees) Act 1974, enacted by the Australian Parliament, amends the Compensation (Australian Government Employees) Act 1971-1973 to provide for the compensation of Australian government employees who suffer injuries or illnesses while performing their duties. This Act responds to the need for updated and more comprehensive provisions regarding compensation, particularly addressing the remuneration of the Commissioner, the calculation of average weekly earnings, and the amount of compensation payable in various scenarios, such as total or partial incapacity. By amending the Principal Act, this legislation ensures that compensation is fair and reflective of current economic conditions, thereby addressing gaps in the previous framework.

Scope and Application

The Compensation (Australian Government Employees) Act 1974 applies to Australian government employees who sustain an injury or contract a disease in the course of their employment. The Act outlines the conditions under which compensation is payable, including the calculation of average weekly earnings and the maximum compensation amounts for injuries resulting in total or partial incapacity. It also details the Commissioner's role and remuneration, as well as the powers and functions of Compensation Tribunals. The geographic reach of this Act is federal, applying across the Commonwealth of Australia. The Act extends its application through subordinate instruments, which may further detail the administration and enforcement of compensation provisions. There are no specific exclusions noted in the text, but it is implicit that the compensation applies only to injuries sustained or diseases contracted in the course of employment. The amendments made by this Act apply to weekly payments of compensation made in respect of periods occurring on or after the date of commencement, regardless of when the injury or disease was sustained.

Key Provisions

The Compensation (Australian Government Employees) Act 1974 amends the Compensation (Australian Government Employees) Act 1971-1973 (the Principal Act). This Act sets out the main provisions governing compensation for Australian Government employees who are injured or suffer from diseases due to their employment. Key provisions include the definition of "prescribed Court" (section 3), the remuneration of the Commissioner (section 11), the function and powers of the Commissioner (section 5), average weekly earnings (section 6), compensation for total incapacity (section 7), compensation for partial incapacity (section 8), reduction of compensation (section 9), and remuneration for members of the Compensation Tribunal (section 66). Additionally, the Act makes amendments relating to the amount of compensation (section 11) and extends its application to the United States Naval Communication Station (Civilian Employees) Act 1971-1973 (section 12). Under this Act, several obligations are placed on the Commonwealth and its employees. The Commonwealth is responsible for ensuring that injured employees receive compensation as stipulated in the Act. Employees must report any injuries or diseases believed to be work-related promptly. The Commissioner, who is responsible for administering the Act, must make determinations on compensation claims and may vary or revoke previous determinations if necessary. The Act also places obligations on the Remuneration Tribunal to determine the remuneration and allowances for the Commissioner and Compensation Tribunal members. Breaching the provisions of this Act can result in various consequences. While the Act does not explicitly state criminal penalties for violations, non-compliance with the Act's requirements may lead to disputes over compensation payments, which could be subject to review and determination by the courts. Additionally, the Commonwealth may be liable to reimburse employees for costs reasonably incurred if the Commissioner varies or revokes a determination in a manner that adversely affects the employee (section 5(6)). The maximum penalties for breaches are not explicitly stated in the Act, but they may be determined by the courts based on the nature and severity of the breach.

Area of Law: Employee Benefits & Compensation
Instrument: Amending Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Remuneration of Commissioner; Compensation payable in respect of injuries; Amendments relating to amount of compensation

Interactions

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.

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