Compensation (Commonwealth Government Employees) Regulations (Amendment)

Overview

The Compensation (Commonwealth Government Employees) Regulations (Amendment) 1988 were introduced to ensure the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Australian Airlines Limited. Prior to this amendment, the Act applied to employees of the Australian National Airlines Commission but did not extend to Australian Airlines Limited following its conversion to a public company under the Australian Airlines (Conversion to Public Company) Act 1988. This legislation was enacted to maintain the continuity of compensation entitlements for employees transitioning from the former governmental entity to the newly established public company. The amendments were issued by the authority of the Minister for Social Security and aim to address the gap in coverage caused by the structural change in the airline's governance. The regulations were issued under Statutory Rules 1988 No 72 and will come into effect on the date specified in section 15 of the Australian Airlines (Conversion to Public Company) Act 1988.

Scope and Application

The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1988 No 72, issued under the authority of the Minister for Social Security, modify the Compensation (Commonwealth Government Employees) Regulations to extend the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Australian Airlines Limited. This legislative amendment ensures continuity in the treatment of employees of Australian Airlines Limited following the transformation of the Australian National Airlines Commission into a public company under section 15 of the Australian Airlines (Conversion to Public Company) Act 1988. The Regulations will come into operation on the date of commencement of this section, effectively aligning the compensation provisions for employees of Australian Airlines Limited with those previously applicable to employees of the Australian National Airlines Commission. This amendment is geographically confined to the Commonwealth jurisdiction and does not introduce any exclusions or exemptions beyond what is already stipulated in the original Act and Regulations.

Key Provisions

The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1988 No 72, issued under the authority of the Minister for Social Security, primarily modify the existing Compensation (Commonwealth Government Employees) Regulations to extend the coverage of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Australian Airlines Limited (section 2). This is achieved by amending Regulation 9 of the Compensation (Commonwealth Government Employees) Regulations, which lists the bodies corporate to which the Act applies. Regulation 2 of the proposed Statutory Rules adds Australian Airlines Limited to this list, ensuring that the Act applies to its employees in the same manner as it did to employees of the Australian National Airlines Commission prior to the commencement of section 15 of the Australian Airlines (Conversion to Public Company) Act 1988. The obligations imposed by the Compensation (Commonwealth Government Employees) Act 1971 on the parties it governs include the provision of compensation to employees who suffer injury or disease due to their employment with a covered entity. Under this Act, employers must ensure they comply with the stipulated requirements for workers' compensation. For Australian Airlines Limited, this means that they must adhere to the provisions of the Act in relation to their employees, including the payment of compensation for work-related injuries or diseases. The Act also requires employers to notify the relevant authorities of any workplace injuries or diseases, and to maintain records of any claims made by employees. The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1988 No 72 establish the date for the operation of the amended Regulations. Regulation 1 specifies that the Regulations will come into operation on the date of commencement of section 15 of the Australian Airlines (Conversion to Public Company) Act 1988. This ensures that the changes to the Regulations are aligned with the legislative changes affecting Australian Airlines Limited, maintaining consistency and clarity in the application of the Compensation (Commonwealth Government Employees) Act 1971 to its employees. Failure to comply with the requirements of the Compensation (Commonwealth Government Employees) Act 1971 and the amended Regulations can result in both civil and criminal consequences. Civil penalties may include fines and other monetary penalties as determined by the relevant authorities. The Act does not specify maximum penalties in the explanatory statement, but it is understood that such penalties are subject to the general provisions of the law governing administrative penalties. Additionally, criminal liability may arise for wilful or negligent breaches, which could lead to prosecution and imprisonment depending on the severity of the breach and the discretion of the court. It is essential for entities like Australian Airlines Limited to ensure strict compliance to avoid these potential legal ramifications.