Statutory Rules
1980 No. 254
REGULATIONS UNDER THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 19711
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Compensation (Commonwealth Government Employees) Act 1971.
Dated this thirty-first day of August 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MARGARET GUILFOYLE
Minister of State for Social Security
Amendments of the Compensation (Commonwealth Government Employees) Regulations2
1. The Compensation (Commonwealth Government Employees) Regulations are amended by adding after regulation 25 the following regulations:
Amounts prescribed for the purposes of certain provisions of the Act
“26. For the purposes of a provision of the Act referred to in Column 2 of Schedule 4 in an item in that Schedule, the amount prescribed is the amount referred to in Column 3 of that Schedule in that item.
Rate prescribed for the purposes of sub-section 43 (5) of the Act
“27. For the purposes of sub-section 43 (5) of the Act, the rate prescribed is $13.10 a week.
Rate prescribed for the purposes of sub-section 48 (1) of the Act
“28. For the purposes of sub-section 48 (1) of the Act, the rate prescribed is $18.35 a week.”.
Schedule 4
2. The Compensation (Commonwealth Government Employees) Regulations are amended by adding at the end thereof the following Schedule:
“SCHEDULE 4 Regulation 26
AMOUNTS OF COMPENSATION
Column 1
Item | Column 2
Provision | Column 3
Amount prescribed |
$ |
1 | Sub-section 37 (3) | 910.00 |
2 | Sub-section 39 (1) | 32,500.00 |
3 | Sub-section 39 (3) | 32,500.00 |
4 | Sub-section 39 (7) | 16,250.00 |
5 | Sub-section 40 (1) | 16,250.00 |
6 | Sub-section 41 (1) | 16,250.00 |
7 | Sub-section 41 (6) | 16,250.00 |
8 | Sub-section 42 (1) | 3,250.00 |
9 | Sub-section 42 (2) | 3,250.00 |
10 | Paragraph 43 (3) (a) | 32,500.00 |
11 | Paragraph 43 (4) (a) | 32,500.00 |
12 | Paragraph 43 (7) (b) | 1,310.00 |
13 | Sub-section 44 (1) | 850.00 |
14 | Paragraph 45 (2) (a) | 105.00 |
15 | Sub-section 45 (3) | 27.50 |
16 | Sub-section 45 (4) | 13.10 |
17 | Sub-paragraph 46 (2) (a) (i) | 105.00” |
|
Application
3. The amendments effected by these Regulations apply in relation to —
(a) weekly payments of compensation under the Act in respect of any period commencing on or after 1 September 1980; and
(b) payments of compensation (other than weekly payments) under the Act in respect of —
(i) an injury that occurs to an employee on or after 1 September 1980; or
(ii) a loss or event that occurs on or after 1 September 1980 resulting from any other injury to an employee.
1. Notified in the Commonwealth of Australia Gazette on 1 September 1980.
2. Statutory Rules 1971 No. 112 as amended by Statutory Rules 1978 No. 72.
Overview
The Compensation (Commonwealth Government Employees) Regulations 1980, made under the authority of the Compensation (Commonwealth Government Employees) Act 1971, were enacted to provide detailed rules and guidelines for the compensation of Commonwealth government employees injured or affected by incidents arising from their employment. These regulations were created by the Governor-General, acting on the advice of the Federal Executive Council, to address the need for clear and consistent application of compensation provisions. The primary objective was to ensure that employees receive fair and timely compensation for work-related injuries and events, thereby providing them with necessary support during their recovery and rehabilitation. The regulations were designed to be comprehensive, covering various scenarios and providing specific monetary amounts for different types of compensation, thereby ensuring a standardised approach across all Commonwealth government entities.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations 1980, made under the Compensation (Commonwealth Government Employees) Act 1971, govern the compensation payable to Commonwealth government employees who suffer an injury or loss while in the course of their employment. These regulations specify the amounts of compensation prescribed for various provisions of the Act, including rates and maximum amounts, and apply to weekly and non-weekly compensation payments for injuries and losses occurring on or after 1 September 1980. The regulations cover Commonwealth government employees, defining the compensation they are entitled to receive based on the nature and severity of their injuries or losses. The scope of the Act is national, as it pertains to the federal government, but the compensation amounts and rates are set out in these regulations to provide clarity and uniformity in the application of the Act. The regulations also include a schedule that details specific compensation amounts for different provisions of the Act, ensuring that employees receive appropriate and consistent compensation for their injuries or losses.
Key Provisions
The primary operative sections of these Regulations (sections 1-3) amend the Compensation (Commonwealth Government Employees) Regulations by introducing new regulations and modifying existing provisions. Specifically, regulation 26 introduces a schedule that prescribes specific amounts of compensation for various provisions of the Compensation (Commonwealth Government Employees) Act 1971, as detailed in Column 3 of Schedule 4 (section 2). Additionally, regulations 27 and 28 prescribe specific rates for the purposes of subsections 43 (5) and 48 (1) of the Act, respectively (section 1). These amendments apply to weekly payments of compensation under the Act for periods commencing on or after 1 September 1980, as well as to payments of compensation for injuries or losses occurring on or after that date (section 3).
The Regulations impose obligations on parties governed by the Compensation (Commonwealth Government Employees) Act 1971. For instance, the new regulations set out specific amounts of compensation for various provisions, ensuring that compensation payments are calculated in accordance with the prescribed amounts (regulation 26). Similarly, the prescribed rates for subsections 43 (5) and 48 (1) ensure that these specific rates are applied in relevant circumstances (regulations 27 and 28). These obligations are designed to provide clarity and consistency in the calculation and payment of compensation to Commonwealth government employees under the Act.
The Regulations do not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, any failure to comply with the prescribed amounts and rates could potentially result in disputes or legal challenges regarding the accuracy of compensation payments. While the Regulations themselves do not specify penalties, breaches of the Act or the Regulations could lead to enforcement actions under the relevant legislative framework, which might include civil or administrative penalties. The maximum penalties for such breaches would depend on the specific provisions of the Compensation (Commonwealth Government Employees) Act 1971 and any related legislation.