EXPLANATORY STATEMENT
Statutory Rules 1985 No. 42
Issued by the authority for the Minister of State for Social Security.
Subject: Compensation (Commonwealth Government Employees) Act 1971.
Compensation (Commonwealth Government Employees) Regulations (Amendment).
The purpose of the proposed Statutory Rules is to increase, from 1 May 1985, the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971.
Regulation 1 of the proposed Statutory Rules amends Regulation 27 of the Compensation (Commonwealth Government Employees) Regulations to prescribe a rate of $20.00 a week for the purposes of sub-section 43(b) of the Principal Act. Accordingly, the rate of weekly payment in respect of each dependent child of a deceased employee is increased from $19.90 a week to $20.00 a week.
Regulation 2 of the proposed Statutory Rules amends Regulation 28 of the Compensation (Commonwealth Government Employees) Regulations to prescribe a rate of $28.00 a week for the purpose of sub-section 48(1) of the Principal Act. Accordingly, the rate of attendant’s allowance payable when an injured employee requires the constant help of another person is increased from $27.80 a week to $28.00 a week.
Regulation 3 of the proposed Statutory Rules amends Schedule 4 of the Compensation (Commonwealth Government Employees) Regulations to prescribe new amounts of benefits under Regulation 26 which will apply the prescribed amounts for the purposes of various provisions of the Principal Act. Schedule 4 operates to increase compensation benefits as follows:
• Sub-section 37(3) the general upper limit for the amount of compensation payable for alterations to buildings or vehicles, or repair or replacement of certain aids and appliances, used by an incapacitated employee is increased from $1,390 to $1,400.
• Sub-sections 39(1) and 39(3): the amount of compensation payable in respect of total loss of sight resulting from an injury is increased from $49,690 to $49,990. An increase in this amount has the effect of increasing the amount of compensation payable for other specified losses resulting from an injury in the same proportion. The compensation entitlement for these losses is expressed as a percentage of the maximum figure (eg loss of a leg below the knee attracts a payment of 65% of the amount payable for total loss of sight).
• Sub-section 39(1): The amount of compensation for an injury that results in partial loss of sight in both eyes is increased from $24,860 to $25,010.
• Sub-section 40(1): the amount of compensation payable for an injury that results in loss of the capacity to engage in sexual intercourse is increased from $24,860 to $25,010.
• Sub-sections 41(1) and (6): the maximum amount of compensation payable in respect of an injury that results in severe and permanent facial disfigurement is increased from $24,860 to $25,010.
• Sub-sections 42(1) and (2): compensation payable in respect of an injury that results in total and permanent loss of the sense of taste or smell is incrased from $4,970 to $5,000.
• Paragraphs 43(3)(a) and (4)(a): the maximum amount of compensation payable to dependants in respect of an injury to an employee that results in his or her death is increased from $49,690 to $49,990.
• Paragraph 43(7)(b): the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,990 to $2,000.
• Sub-section 44(1): the maximum amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,290 to $1,300.
• Paragraph 45(2)(a): Sub-section 45(3): Sub-section 45(4):
- paragraph 45(2)(a): the basic weekly payment to an employee in respect of a period of total incapacity for work resulting from an injury is increased from $159.60 to $160.60.
- sub section 45(3): the weekly allowance for a dependent spouse during such a period of total incapacity is increased from $41.80 to $42.10.
- sub section 45(4): the weekly allowance for each dependent child during such a period of total incapacity is increased from $19.90 to $20.00.
• Sub-paragraph 46(2)(a)(i): the maximum weekly amount of compensation payable to an employee in respect of a period of partial incapacity for work resulting from an injury is increased from $159.60 to $160.60.
Regulation 4 of the proposed Statutory Rules expresses the date of effect of these amendments to be 1 May 1985.
Paragraph (a) applies the increased rates and amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 May 1985.
Paragraph (b) applies the increased lump sum amounts of compensation payable under the Act in respect of a loss specified or an event (including death, facial disfigurement, or the incurring of costs relating to the funeral of a deceased employee or the provision of aids-to-living for an incapacitated employee) that occurs on or after 1 May 1985.
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No. 42 were enacted to increase the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. Issued by the authority for the Minister of State for Social Security, the objective of these amendments was to ensure that the compensation provided to Commonwealth government employees and their dependants remained commensurate with the cost of living. These amendments aimed to address the gap that arose from the need to regularly update compensation rates to reflect inflation and changes in living standards. The increased benefits included adjustments to weekly payments for dependent children, attendant’s allowances, and various lump sum payments for specific injuries or losses, ensuring that the compensation remains adequate and fair for employees affected by work-related injuries or fatalities. The amendments were effective from 1 May 1985, applying to any periods of incapacity or losses occurring on or after this date.
Scope and Application
The Compensation (Commonwealth Government Employees) Act 1971 applies to Commonwealth government employees who suffer injury or death as a result of their employment. This Act, and its accompanying regulations, sets out the compensation benefits payable to employees and their dependants in such circumstances, with the recent amendments increasing various rates and amounts of these benefits. The Act operates on a national level within the Commonwealth of Australia and applies to all Commonwealth government employees, irrespective of their location within Australia. The Act’s provisions are detailed and extensive, covering a range of scenarios from the loss of specific body parts to the total incapacity for work, and the death of an employee, with corresponding increases in compensation amounts for these scenarios. The amendments, effective from 1 May 1985, involve both weekly payments and lump sum payments, ensuring that the compensation provided remains aligned with current economic conditions and the cost of living. The Act does not specify any exclusions or exemptions, thus applying uniformly to all qualifying Commonwealth government employees.
Key Provisions
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No. 42, issued under the authority of the Minister of State for Social Security, bring several changes to the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. Regulation 1 increases the weekly payment for each dependent child of a deceased employee from $19.90 to $20.00, while Regulation 2 raises the attendant’s allowance for employees requiring constant help from $27.80 to $28.00. Regulation 3 introduces new amounts for various compensation benefits, including higher limits for alterations to buildings or vehicles, total loss of sight, partial loss of sight in both eyes, loss of capacity for sexual intercourse, severe and permanent facial disfigurement, total and permanent loss of the sense of taste or smell, and maximum compensation payable to dependants in respect of an injury resulting in death. Regulation 4 specifies that these amendments take effect from 1 May 1985.
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No. 42 impose specific obligations and requirements on the parties governed by the Compensation (Commonwealth Government Employees) Act 1971. These include updating the weekly payments for dependent children of deceased employees and the attendant’s allowance to the new rates specified by Regulations 1 and 2. Furthermore, various compensation benefits, such as those for alterations to buildings or vehicles, total loss of sight, and other specified losses resulting from an injury, must be adjusted to the new prescribed amounts as outlined in Regulation 3. Additionally, the amendments must be applied to any period of total or partial incapacity for work, or to any loss specified or event occurring on or after 1 May 1985, as detailed in Regulation 4.
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No. 42 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with these statutory rules and the amended compensation rates and amounts could lead to disputes and potential legal actions from employees or their dependents who may not receive the updated compensation benefits. Such non-compliance might also result in administrative or regulatory consequences for the relevant government authorities responsible for enforcing the Compensation (Commonwealth Government Employees) Act 1971. Given the legislative nature of these amendments, it is crucial for all parties involved to adhere to the new compensation rates and amounts to ensure proper compliance with the Act.