Compensation (Commonwealth Government Employees) Regulations (Amendment)

Overview

The Compensation (Commonwealth Government Employees) Regulations (Amendment) 1983 No. 233 amends the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. This amendment was introduced to address the need to periodically adjust compensation rates to account for inflation and other economic factors, ensuring that the benefits provided remain adequate and relevant. The enacting body was the Commonwealth Parliament, with the objective of updating compensation benefits to reflect current economic conditions and maintain the adequacy of support for employees and their dependents. The amendments include increases in weekly payments for dependents, attendant's allowances, and various lump sum compensation amounts for injuries and losses, with the changes taking effect from 1 November 1983.

Scope and Application

The Compensation (Commonwealth Government Employees) Regulations (Amendment) 1983 No. 233 applies to all Commonwealth Government Employees who are covered under the Compensation (Commonwealth Government Employees) Act 1971. This legislation pertains specifically to the adjustment of compensation benefits for these employees, including their families and dependents, in the event of injury, disability, or death arising out of employment. The scope of the Act is limited to employees of the Commonwealth Government and excludes employees of state or territory governments, private sector employers, and self-employed individuals. The amendments set out in these Statutory Rules have a national reach, affecting all Commonwealth Government Employees across Australia. The Regulations detail specific amendments to compensation rates, including weekly payments for dependents, allowances for attendants, and various lump sum payments related to injuries and losses. These amendments became effective from 1 November 1983, as per Regulation 5 of the Statutory Rules, ensuring that the revised compensation rates apply to all incidents and injuries occurring on or after this date.

Key Provisions

The primary operative sections of the Compensation (Commonwealth Government Employees) Regulations (Amendment) 1983 No. 233, as outlined in the Explanatory Statement, revise several compensation rates and amounts effective from 1 November 1983. Regulation 2 adjusts the weekly payment for each dependent child of a deceased employee, increasing it from $16.80 to $17.60 (subsection 43(5)). Regulation 3 raises the attendant’s allowance for injured employees requiring constant help from $23.55 to $24.70 per week (subsection 48(1)). Regulation 4 modifies Schedule 4, which contains the prescribed amounts of benefits, by raising various compensation limits. These include the upper limit for alterations to buildings or vehicles, total loss of sight, partial loss of sight, loss of capacity to engage in sexual intercourse, severe and permanent facial disfigurement, total and permanent loss of the sense of taste or smell, compensation to dependants for employee death, funeral expenses, and incapacity payments (subsections 37(3), 39(1), 39(7), 40(1), 41(1), 41(6), 42(1), 42(2), 43(3)(a), 43(4)(a), 43(7)(b), 44(1), 45(2)(a), 45(3), 45(4), and 46(2)(a)(i)). The Compensation (Commonwealth Government Employees) Regulations (Amendment) 1983 No. 233 imposes obligations on the parties involved, particularly on the Commonwealth Government in its role as employer and provider of compensation benefits. The Act requires the government to adhere to the amended rates and amounts specified in the Statutory Rules, ensuring that the appropriate compensation levels are disbursed to eligible employees and their dependants from the effective date of 1 November 1983. This includes updating internal systems and processes to reflect the new compensation rates for dependent children, attendant's allowances, and various injury-related benefits. The government must also ensure that employees and their families are informed of these changes, and that all claims are processed in accordance with the updated rates. Breach of the provisions outlined in the Compensation (Commonwealth Government Employees) Regulations (Amendment) 1983 No. 233 is not explicitly mentioned in the Explanatory Statement, nor are any specific offences, penalties, or consequences stated. However, failure to comply with legislative requirements generally may result in legal repercussions. This could include civil penalties for non-compliance, administrative sanctions, or even potential criminal charges in cases of willful disregard or fraud. While the specific penalties are not detailed in the provided text, they could range from fines to more severe penalties depending on the severity and intent of the breach.