COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) AMENDMENT ACT 1978
No. 68 of 1978
An Act to amend the Compensation (Commonwealth Government Employees) Act 1971 for purposes related to the self-government of the Northern Territory.
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 1978.
(2) The Compensation (Commonwealth Government Employees) Act 1971 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on 1 July 1978.
3. After section 7 of the Principal Act the following sections are inserted:
Public Service of Northern Territory
“7a. (1) This section applies to a person who, on or after 1 July 1978, is employed by the Northern Territory, whether he is so employed under a law of the Northern Territory or under a contract of service or apprenticeship.
“(2) Subject to this section, this Act has effect on and after 1 July 1978 in relation to a person to whom this section applies as if references in this Act (other than this section and section 7b) to the Commonwealth were references to the Northern Territory.
“(3) Sub-section (2) does not apply to—
(a) a reference in this Act to a law of the Commonwealth, a prescribed authority of the Commonwealth, a Commonwealth Police Officer, a Territory forming part of the Commonwealth or a Commonwealth Employees’ Compensation Tribunal;
(b) a reference to the Commonwealth in sub-section (2) of section 4, sub-section (2) of section 7, sub-section (7) of section 45, sub-section (3) of section 46, paragraph (d) of sub-section (4) of section 52 or Part VII; or
(c) the reference to the Public Service of the Commonwealth in paragraph (b) of sub-section (1) of section 123.
“(4) This section does not have effect in relation to—
(a) an injury sustained or a disease contracted before 1 July 1978;
(b) an aggravation, acceleration or recurrence of a disease suffered before that date; or
(c) loss or damage of a kind referred to in section 28 suffered before that date.
Northern Territory to pay compensation in respect of certain other persons
“7b. (1) Sub-section (2) applies to—
(a) employment of a person that is, in accordance with sub-section (2) of section 7, deemed to be employment of the person by the Commonwealth by reason of his performance of his duties as a member of the Police Force of the Northern Territory or the duties of an office of the Northern Territory; or
(b) employment of a person by an authority of the Northern Territory, including employment of a person that is, in accordance with sub-section (3) of section 7, deemed to be employment of the person by such an authority by reason of his performance of the duties of the authority, his duties as a member of the authority or person acting as such a member or his duties as a deputy of such a member.
“(2) Any payments of compensation under this Act that, but for this section, would be payable by the Commonwealth on or after 1 July 1978 to or in relation to a person by reason of employment to which this subsection applies, not being compensation in respect of—
(a) an injury sustained or a disease contracted before 1 July 1978;
(b) an aggravation, acceleration or recurrence of a disease suffered before that date; or
(c) loss or damage of a kind referred to in section 28 suffered before that date,
shall be payable by the Northern Territory and not by the Commonwealth.
‘authority of the Northern Territory’ means a body corporate to which paragraph (b) of the definition of ‘prescribed authority of the Commonwealth’ in sub-section (1) of section 5 applies, being a body incorporated by a law of the Northern Territory;
‘office of the Northern Territory’ means an office that is established by a law of the Northern Territory and is an office to which sub-paragraph (ii) of paragraph (c) of sub-section (2) of section 7 applies.”.
Overview
The Compensation (Commonwealth Government Employees) Amendment Act 1978 was enacted to address the legislative gap created by the self-government of the Northern Territory, ensuring that compensation arrangements for Commonwealth government employees transitioning to Northern Territory employment were adequately addressed. This Act amends the Compensation (Commonwealth Government Employees) Act 1971 to extend its provisions to employees of the Northern Territory, reflecting the shift in governance. Enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, the policy objective of this Act is to ensure that employees of the Northern Territory are covered under the same compensation schemes as Commonwealth employees, with specific exclusions to maintain the integrity of certain Commonwealth references and pre-existing conditions. This amendment is effective from 1 July 1978, ensuring that the transition is managed smoothly and that employees are not left without necessary protections during this period of change.
Scope and Application
The Compensation (Commonwealth Government Employees) Amendment Act 1978 amends the Compensation (Commonwealth Government Employees) Act 1971, extending its provisions to employees of the Northern Territory government and authorities, while clarifying the scope of compensation liabilities in relation to such employees. This Act applies to individuals who are employed by the Northern Territory on or after 1 July 1978, whether under a law of the Northern Territory or under a contract of service or apprenticeship. For these individuals, the Act operates as if references to the Commonwealth in the Principal Act were references to the Northern Territory, except in certain specified circumstances such as references to Commonwealth laws, authorities, or tribunals. The Act also excludes compensation for injuries or diseases sustained or contracted, and aggravations, accelerations, or recurrences of diseases, as well as losses or damages suffered before 1 July 1978. Additionally, it mandates that the Northern Territory is responsible for paying compensation for employees of the Northern Territory Police Force and other specified authorities, for injuries or diseases arising from employment on or after the specified date, shifting the liability from the Commonwealth.
Key Provisions
The Compensation (Commonwealth Government Employees) Amendment Act 1978 (Act) introduces key provisions aimed at adjusting the application of the Compensation (Commonwealth Government Employees) Act 1971 (Principal Act) to accommodate the self-government of the Northern Territory. Specifically, section 7a of the Amendment Act provides that the Principal Act applies to employees of the Northern Territory as if references to the Commonwealth were references to the Northern Territory, effective from 1 July 1978. However, this substitution does not extend to certain references, such as laws of the Commonwealth, Commonwealth authorities, or Commonwealth Police Officers, among others (section 7a(3)). Additionally, section 7a excludes injuries, diseases, aggravations, accelerations, recurrences, and losses or damages incurred before 1 July 1978 (section 7a(4)).
Under section 7b, the Northern Territory is required to make compensation payments for certain persons employed by it, including those deemed to be employed by the Commonwealth, and those employed by authorities of the Northern Territory. This requirement applies to injuries, diseases, aggravations, accelerations, recurrences, and losses or damages incurred on or after 1 July 1978, ensuring that the Northern Territory, rather than the Commonwealth, bears the responsibility for such compensation (section 7b(2)). It is important to note that this section excludes compensation for conditions that predate 1 July 1978 (section 7b(2)(a)-(c)).
The Amendment Act imposes clear obligations on the Northern Territory to compensate employees for injuries, diseases, and other related conditions incurred after the commencement date of 1 July 1978. Failure to comply with these provisions could result in legal consequences for the Northern Territory, potentially including civil liability for compensation not paid to affected employees. Furthermore, although the Act does not explicitly outline criminal penalties for non-compliance, breaches of compensation obligations could lead to legal action by affected employees seeking enforcement of their rights under the Act. The precise nature and extent of penalties would depend on the specific circumstances of any alleged non-compliance and any subsequent legal proceedings.