EXPLANATORY STATEMENT
Statutory Rules 1987 No 281
Issued by the authority of the Minister of State for Social Security.
Subject: Compensation (Commonwealth Government Employees) Act 1971.
Compensation (Commonwealth Government Employees) Regulations (Amendment).
The purpose of the Statutory Rules is to increase, from 13 December 1987, the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971.
Regulation 1 of the Statutory Rules amends Regulation 27 of the Compensation (Commonwealth Government Employees) Regulations to prescribe a rate of $23.10 a week for the purposes of subsection 43(5) of the Principal Act. Accordingly, the rate of weekly payment in respect of each dependent child of a deceased employee is increased from $22.70 to $23.10 a week.
Regulation 2 of the Statutory Rules amends Regulation 28 of the Compensation (Commonwealth Government Employees) Regulations to prescribe a rate of $32.30 a week for the purpose of subsection 48(1) of the Principal Act. Accordingly, the additional amount of compensation payable when an injured employee requires the constant help of another person is increased from $31.70 a week to $32.30 a week.
Regulation 3 of the 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 will operate to increase compensation benefits as follows:
• Subsection 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 $1,600 to $1,630.
• Subsections 39(1) and 39(3): the amount of compensation payable in respect of total loss of sight resulting from an injury is increased from $56,700 to $57,780. 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).
• Subsection 39(7): the amount of compensation for an injury that results in partial loss of sight in both eyes is increased from $28,370 to $28,910.
• Subsection 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 $28,370 to $28,910.
• Subsections 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 $28,370 to $28,910.
• Subsections 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 increased from $5,670 to $5,780.
• 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 $56,700 to $57,780.
• Paragraph 43(7)(b): the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,270 to $2,310.
• Subsection 44(1): the maximum amount of compensation payable in respect of funeral expenses incurred in respect of a deceased employee is increased from $1,600 to $1,630.
• Paragraph 45(2)(a); subsection 45(3): subsection 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 $182.20 to $185.70:
- subsection 45(3): the weekly allowance for a dependent spouse during such a period of total incapacity is increased from $47.70 to $48.60;
- subsection 45(4): the weekly allowance for each dependent child during such a period of total incapacity is increased from $22.70 to $23.10.
• Subparagraph 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 $182.20 to $185.70.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 December 1987.
Paragraph 4(a) applies the increased rates and amounts of weekly compensation payable under the Act in respect of any period commencing after 12 December 1987.
Paragraph 4(b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury, a loss specified, or an event, that occurs after 12 December 1987
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 281, issued under the authority of the Minister of State for Social Security, were enacted to update the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. This legislation aimed to address the need for regular adjustments to the compensation benefits to keep pace with inflation and changes in living costs. The amendments were made to better support the financial security of Commonwealth government employees and their dependents in the event of injury, death, or incapacity resulting from employment. The changes took effect from 13 December 1987, enhancing various compensation benefits including weekly payments for dependents, lump sums for specific injuries, and maximum limits for alterations and repairs of aids and appliances used by incapacitated employees. The policy objective was to ensure that the compensation provided remained fair and reflective of current economic conditions.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 281, issued under the authority of the Minister of State for Social Security, primarily revise the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. This Act applies to Commonwealth government employees who suffer injury or death in the course of their employment, as well as their dependents. The regulations specifically affect the weekly and lump sum compensation payments to injured employees and their families. The amendments, effective from 13 December 1987, increase the compensation rates for various scenarios, such as dependency, total incapacity, loss of specific faculties, and funeral expenses. These changes ensure that the compensation reflects current economic conditions and the cost of living. The regulations extend to the entire Commonwealth, applying uniformly across Australia, and do not exclude any particular employee category or circumstance within the scope of the principal Act. The increased compensation rates are applied to injuries, losses, or events occurring after 12 December 1987, while the increased weekly compensation rates apply to any period commencing after this date.
Key Provisions
The Compensation (Commonwealth Government Employees) Act 1971 (Principal Act) provides compensation benefits to employees of the Commonwealth Government who are injured or incapacitated due to their employment. The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 281, issued under the authority of the Minister of State for Social Security, increase the rates and amounts of compensation benefits payable under the Principal Act from 13 December 1987. Regulation 1 amends Regulation 27 to set a new weekly rate of $23.10 for each dependent child of a deceased employee, up from $22.70. Regulation 2 adjusts Regulation 28 to prescribe a weekly rate of $32.30 for an injured employee requiring constant help, up from $31.70. Regulation 3 modifies Schedule 4 to set new benefit amounts, including increases for compensation for alterations to buildings or vehicles, total loss of sight, partial loss of sight in both eyes, loss of sexual capacity, severe and permanent facial disfigurement, total and permanent loss of taste or smell, compensation to dependents of deceased employees, funeral expenses, and weekly allowances for total and partial incapacity. Regulation 4 specifies that these amendments apply to periods or events occurring after 12 December 1987.
The Compensation (Commonwealth Government Employees) Regulations (Amendment) impose specific obligations on the parties involved. For example, the Commonwealth Government must ensure that the new rates and amounts of compensation are correctly applied and paid to eligible employees or their dependants. The government is also responsible for publicising the changes to ensure that affected individuals are aware of their new entitlements. Additionally, any employer within the scope of the Act must ensure that they are compliant with the new rates when calculating and paying compensation to their employees.
Breaching the provisions of the Compensation (Commonwealth Government Employees) Act 1971 or the Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 281 can lead to various civil and criminal consequences. Although the specific offences, penalties, or consequences are not detailed in the provided explanatory statement, breaches of similar legislation typically involve fines and potential imprisonment for serious or wilful violations. The maximum penalties would depend on the severity of the breach and the jurisdiction's laws. It is crucial for the Commonwealth Government and employers to adhere to the Act and the amended Regulations to avoid any legal repercussions and ensure fair treatment of affected employees and their dependants.