EXPLANATORY STATEMENT
Statutory Rules 1987 No. 298
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 proposed Statutory Rules is to give effect to the proposal of the Government to extend the application of the Act to employees of Telecom Australia (International) Limited, a wholly owned subsidiary of Telecom Australia, by virtue of a regulation made pursuant to subsection 7(5) of the Compensation (Commonwealth Government Employees) Act 1971.
The proposed Statutory Rules amend Regulation 11 of the Compensation (Commonwealth Government Employees) Regulations by adding to the class of persons in the first column of the table in subregulation 11(1) the words “Persons employed by Telecom Australia (International) Limited”, and to the class of acts in the second column of that table the words “Acts performed in the course of that employment”. Accordingly, persons who are employed by Telecom Australia (International) Limited will, from the date of notification of the proposed Statutory Rules in the Commonwealth of Australia Gazette, be persons to whom and in relation to whom the Compensation (Commonwealth Government Employees) Act 1971 applies.
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No. 298, enacted to amend the Compensation (Commonwealth Government Employees) Regulations, address the gap in the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Telecom Australia (International) Limited. This regulatory amendment was issued by the authority of the Minister of State for Social Security to extend the protective provisions of the Act to employees of a wholly owned subsidiary of Telecom Australia. The policy objective is to ensure that employees of Telecom Australia (International) Limited are afforded the same protections and benefits as other Commonwealth government employees under the Act. By including these employees in the regulations, the Government aims to provide a consistent framework for compensation and related entitlements across all its subsidiaries.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No. 298 amends the Compensation (Commonwealth Government Employees) Act 1971 to extend the application of the Act to employees of Telecom Australia (International) Limited, a wholly owned subsidiary of Telecom Australia. This amendment incorporates these employees into the class of persons covered by the Act, thus ensuring that they are eligible for the same compensation benefits as other Commonwealth government employees. The changes are effective from the date of notification in the Commonwealth of Australia Gazette, and the amendment operates nationally within Australia as a Commonwealth regulation. These Statutory Rules do not introduce any exclusions, exemptions, or thresholds; instead, they broaden the scope of the Act to include specified employees of a particular entity. The application of the Act to these employees is further defined and potentially expanded through subordinate instruments as necessary, ensuring that the regulation remains relevant and comprehensive in its coverage.
Key Provisions
The primary operative sections of these Statutory Rules (C2004L04186) pertain to Regulation 11 of the Compensation (Commonwealth Government Employees) Regulations. The main change, as specified in the Explanatory Statement, involves amending Regulation 11 by adding "Persons employed by Telecom Australia (International) Limited" to the first column of the table in subregulation 11(1), and "Acts performed in the course of that employment" to the second column of that table. This amendment effectively extends the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Telecom Australia (International) Limited, a wholly owned subsidiary of Telecom Australia. This means that from the date of notification of these rules in the Commonwealth of Australia Gazette, employees of Telecom Australia (International) Limited will be covered under the Act.
The Act imposes certain obligations and requirements on both the employees and the employer, Telecom Australia (International) Limited. For the employees, this means they will now be entitled to the benefits and protections provided under the Compensation (Commonwealth Government Employees) Act 1971, such as compensation for injuries sustained or diseases contracted in the course of their employment. For the employer, it introduces the responsibility of ensuring compliance with the Act, which includes adhering to the provisions related to employee compensation, safety, and other related obligations. Additionally, the employer must maintain appropriate records and documentation as required by the Act.
Breaching the provisions of the Compensation (Commonwealth Government Employees) Act 1971 or the amended regulations can result in various consequences. For employers, failure to comply with the Act’s requirements can lead to civil and criminal penalties. Under the Act, employers who do not adhere to the compensation provisions can be liable for fines and other civil penalties. In more serious cases, particularly if the breach results in harm to an employee, criminal charges may be pursued, which could lead to imprisonment. The specific penalties are detailed within the Act and can vary depending on the nature and severity of the breach. The exact maximum penalties are not outlined in the Explanatory Statement but would be found within the main body of the Act.