Compensation (Commonwealth Government Employees) Amendment Act 1976

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COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) AMENDMENT ACT 1976

No. 166 of 1976

An Act to increase certain Amounts of Compensation payable to and in respect of Commonwealth Government Employees and certain other Persons, and for other purposes.

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

Short title, &c.

1. (1) This Act may be cited as the Compensation (Commonwealth Government Employees) Amendment Act 1976.

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

Commencement.

2. This Act shall be deemed to have come into operation on 1 September 1976.

3. Section 1 of the Principal Act is repealed and the following section substituted:—

Short title.

“1. This Act may be cited as the Compensation (Commonwealth Government Employees) Act 1971.”.

Functions and powers of the Commissioner.

4. Section 20 of the Principal Act is amended by omitting sub-section (6) and substituting the following sub-sections:—

“(6) Where–

(a) a determination has been made under this Act, whether before or after the commencement of this sub-section;

(b) a request has been made (whether before or after the commencement of this sub-section) under paragraph (b) of subsection (4) for the reconsideration of that determination by the Commissioner; and

(i) makes a determination varying or revoking the first-mentioned determination (whether or not, where he revokes the first-mentioned determination, he makes a new determination in substitution for that first-mentioned determination); or

(ii) decides not to vary or revoke that first-mentioned determination,

the Commonwealth is, subject to sub-section (7), liable to reimburse a claimant affected by that first-mentioned determination for any costs reasonably incurred by him in relation to that first-mentioned determination after it was made and before the Commissioner notifies him of the making of the determination or decision referred to in paragraph (c).

“(7) Sub-section (6) does not apply in relation to costs incurred by a claimant who made a request referred to in paragraph (b) of that subsection unless the reconsideration has had a result favourable to the claimant.”.

Provision of vocational training.

5. Section 38 of the Principal Act is amended by omitting from sub-section (3) the words “a rehabilitation allowance under section 135d of that Act” and substituting the words “a training allowance under section 135d of that Act except to the extent that that allowance exceeds the amount of the compensation payable to him under sub-section (5) of this section”.

Assignment, set-off or attachment of compensation.

6. Section 118 of the Principal Act is amended by omitting from sub-section (3) the words “or the Matrimonial Causes Act 1959 1966” and substituting the words “or by, or by regulations under, the Family Law Act 1975”.

Amendments relating to amount of compensation.

7. (1) The Principal Act is amended as set out in Schedule 1.

(2) The amendments made by sub-section (1) apply in relation to any weekly payments of compensation in so far as they relate to any part of a day, or any day or days, occurring after the commencement of this section 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 the commencement of this section.

(3) Where, after the commencement of this section, an employee—

(a) dies;

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

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

the amendments made by sub-section (1) 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, notwithstanding that the compensation is payable as a result of an injury sustained, a disease contracted or an aggravation, acceleration or recurrence of a disease suffered, before the commencement of this section.

(4) Where, after the commencement of this section, compensation under sub-section 43(5) of the Principal Act as amended by this Act ceases to be payable for the benefit of a child, the amendments made by sub-section (1) apply in relation to any compensation payable under sub-section 43(7) of that Act as so amended in relation to that child, notwithstanding that the compensation is payable as a result of a death that occurred before the commencement of this section.

Formal amendments.

8. The Principal Act is amended as set out in Schedule 2.

SCHEDULE 1 Section 7(1)

AMENDMENTS RELATING TO AMOUNTS OF COMPENSATION

Provision	Amendment
Section 37(3)..............	Omit “$500”, substitute “$700”.
Section 39(1)..............	Omit “$20,000”, substitute “$25,000”.
Section 39(3)..............	Omit “$20,000”, substitute “$25,000”.
Section 39(7)..............	Omit “$10,000”, substitute “$12,500”.
Section 40(1)..............	Omit “$10,000”, substitute “$12,500”.
Section 41(1)..............	Omit “$10,000”, substitute “$12,500”.
Section 41(6)(b)............	Omit “$10,000”, substitute “$12,500”.
Section 42(1)..............	Omit “$2,000”, substitute “$2,500”.
Section 42(2)..............	Omit “$2,000”, substitute “$2,500”.
Section 43(3)(a).............	Omit”$20,000”, substitute “$25,000”.
Section 43(4)(a).............	Omit “$20,000”, substitute “$25,000”.
Section 43(5)..............	Omit “$7”, substitute “$10”.
Section 43(7)..............	Omit “$700” (wherever occurring), substitute “$1,000”.
Section 44(1)..............	Omit “$450”, substitute “$650”.
Section 45(2)(a).............	Omit “$57”, substitute “$80”.
Section 45(3)..............	Omit “$15”, substitute “$21”.
Section 45(4)..............	Omit “$7”, substitute “$10”.
Section 46(2)(a)(i)...........	Omit “$57”, substitute “$80”.

SCHEDULE 2 Section 8

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “of this section” and “of this Part” (wherever occurring):—

Sections 2(1), 5(1) (definitions of “Compensation Tribunal”, “employee”, “injury”, “the Commissioner” and “the proclaimed date”), (8) and (10), 6, 8(2)(b), (c) and (d) and (4)(b) and (c), 19(4), 23(3), 25(6) and (7), 27(3), 29(2)(b), 31(5), 32(3) and (4), 33(1) and (3)(a), 34(1), (2), (3), (4) and (5), 35, 37(5), (6) and (9)(c), 38(5)(a) and (b), 39(3), (8) and (11), 42(3), 43(2), (3)(a), (4)(a), (7)(a), (8) and (9), 45(3), (4), (6), (9) and (12), 46(5), 47(b), 49(1), (3), (4), (5) and (6)(a), 50(1)(a), 51, 52(1), (2), (3), (5)(b), (6)(b), (7) and (8), 53(3), 54(2)(c), (3), (4) and (6)(a), 55(3)(a) and (4), 57(3), 58(1)(a) and (5), 60(4), 61(2)(b), (3), (4) and (5), 62(2), 63(1), (2), (5), (6), (7) and (8), 72, 74(4), 76(5), 78, 85(5) and (7), 89(e), 90(5), 92(1) and (2), 97(c), 99(9), 100(3)(a), (4) and (5), 101(3), 102(1), (2) and (5), 103(5), (6) and (7), 104(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14), 105(2), 107(1), (8) and (9), 108(2) and (3), 117(3) and (4) and 123(1)(b).

2. The Principal Act is further amended as set out in the following table:—

Provision	Amendment
Section 4(1)...............	Omit “the First Schedule to this Act”, substitute “Schedule 1”.
Section 8(1)...............	Omit “of this sub-section”.
Section 8(3)...............	Omit “of this Act” (second occurring).
Section 16................	Omit “Public Service of the Commonwealth” (wherever occurring), substitute “Australian Public Service”.
Section 18(1)..............	Omit “the Second Schedule to this Act”, substitute “Schedule 2”.
Section 24(4)..............	Omit “the Third Schedule to this Act”, substitute “Schedule 3”.
Section 25(10)(a)............	Omit “, or sub-section (2) of section 8, of this Act”, substitute “or sub-section (2) of section 8”.
Section 38(5)..............	Omit “of this Act” (first occurring).
Section 41(4)..............	Omit “of this Act”.
Section 41(12)..............	Omit “of this Act”.
Section 42(10)..............	Omit “of this Act”.
Section 45(2a)..............	Omit “of this section” (second occurring).
Section 47................	Omit “of this Act” (first and second occurring).
Section 50(2)(a).............	Omit “of this Act” (second occurring).
Section 54(5)..............	Omit “, or by virtue of section 44, of this Act,”, substitute “or by virtue of section 44,”.
Section 57(1)..............	Omit “of this Act” (first occurring).
Section 60(3)..............	Omit “of this Act”.
Section 61(6)..............	Omit “of this Act”.
Section 71(1)..............	Omit “Public Service of the Commonwealth” (wherever occurring), substitute “Australian Public Service”.
Section 73(1)..............	Omit “the Second Schedule to this Act”, substitute “Schedule 2”.
Section 76(3)..............	Omit “of this Act”.
Section 76(4)..............	Omit “of this Act”.
Section 90(3)..............	Omit “of this Act”.
Section 90(4)..............	Omit “of this Act”.
Section 104(15).............	Omit “of this section”.
Section 107(4)..............	Omit “of this Act”.
Section 117(5)..............	Omit “of this Act”.
The Schedules..............	Omit “THE SCHEDULES”.
First Schedule..............	Omit “FIRST SCHEDULE”, substitute “SCHEDULE”.
Second Schedule............	Omit “SECOND SCHEDULE”, substitute “SCHEDULE 2”.
Third Schedule.............	Omit “THIRD SCHEDULE”, substitute “SCHEDULE 3”.

Overview

The Compensation (Commonwealth Government Employees) Amendment Act 1976 was enacted to address the need to increase certain amounts of compensation payable to Commonwealth Government employees and certain other persons. This amendment was introduced to the Parliament of Australia, with the intent to provide enhanced financial support to affected employees. The primary objective of the Act is to update and increase various compensation amounts and related allowances to reflect changes in economic conditions and the cost of living. The Act also introduces modifications to the procedures for reimbursement of costs incurred by claimants during the reconsideration process and updates references to other relevant legislation, such as the Family Law Act 1975.

Scope and Application

The Compensation (Commonwealth Government Employees) Amendment Act 1976 applies to Commonwealth Government employees and certain other persons, including those who are injured or contracted with a disease in the course of their employment. It amends the Compensation (Australian Government Employees) Act 1971, extending the application of the Act to cover injuries and diseases sustained before, on, or after the commencement of this Act. The Act applies nationally within the Commonwealth of Australia. The primary amendments include adjustments to the amounts of compensation payable, changes to the functions and powers of the Commissioner, and modifications to vocational training provisions. The Act does not specify any exclusions or thresholds but rather extends its application through various amendments and updates to existing provisions. The Act's provisions are further refined through subordinate instruments, as detailed in the schedules of the Act.

Key Provisions

The Compensation (Commonwealth Government Employees) Amendment Act 1976 (the "Act") amends the Compensation (Australian Government Employees) Act 1971 (the "Principal Act"). This Act, effective from 1 September 1976, updates the compensation amounts for Commonwealth government employees and others affected by the Principal Act. It also modifies the Commissioner's functions and the provisions for vocational training, compensation assignment, and the amount of compensation payable in various circumstances. The Act requires the Commissioner to reimburse claimants for certain costs incurred after a determination is made and before they are notified of a reconsideration outcome, provided the reconsideration is favourable to the claimant. It also modifies the vocational training provisions to include a training allowance, subject to a cap equal to the compensation amount. Furthermore, the Act restricts the assignment, set-off, or attachment of compensation to specific legal frameworks, replacing outdated references with the Family Law Act 1975. The Act imposes obligations on the Commonwealth to pay increased compensation amounts as outlined in the amended Principal Act. It also requires the Commissioner to adhere to the new provisions concerning cost reimbursement and vocational training allowances. Additionally, the Act mandates that compensation payments are subject to specific legal frameworks for assignment, set-off, or attachment. The Act establishes penalties and consequences for non-compliance with its provisions. Specifically, it outlines that any breach of the amended compensation provisions or failure to adhere to the new cost reimbursement and vocational training rules may result in legal action. While the Act does not explicitly state penalties for non-compliance, breaches of compensation laws typically result in financial penalties and potential civil or criminal proceedings under the relevant legislation. The maximum penalties would depend on the specific nature and severity of the breach.

Area of Law: Employee Benefits & Compensation
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Regulatory Standards

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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