Compensation (Commonwealth Government Employees) Regulations (Amendment)

Overview

The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 109, issued by the authority of the Minister of State for Social Security, were enacted to amend the Compensation (Commonwealth Government Employees) Regulations 1971 to increase 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 update compensation rates in line with inflation and changes in living standards. The primary objective of this regulatory amendment was to ensure that the compensation provided to Commonwealth government employees and their dependants remains fair and adequate in light of economic changes since the original rates were established. The Statutory Rules, which came into effect on 13 June 1987, adjust various compensation rates including weekly payments for dependent children of deceased employees, additional compensation for employees requiring constant help, and lump sum payments for various injuries and losses, thereby ensuring that the compensation system continues to meet the needs of those affected by workplace injuries or fatalities within the Commonwealth government sector.

Scope and Application

The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 109, issued under the authority of the Minister of State for Social Security, modify the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. These amendments apply to Commonwealth government employees and their dependents, impacting various forms of compensation, including weekly payments for dependent children of deceased employees, additional compensation for employees requiring constant help, and lump sum payments for different types of injuries and losses. The amendments affect compensation for injuries such as total loss of sight, severe and permanent facial disfigurement, and loss of the capacity to engage in sexual intercourse, among others. The new rates and amounts of compensation outlined in these regulations apply to any period or injury occurring after 12 June 1987, thereby increasing the financial support available to affected employees and their families. The application of these amendments is limited to the Commonwealth and does not extend to state or territory laws, thereby ensuring uniformity in compensation benefits across federal government employees.

Key Provisions

The main operative sections of the Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 109 pertain to increases in compensation rates and amounts for Commonwealth government employees. Regulation 1 increases the weekly rate of compensation for each dependent child of a deceased employee from $21.90 to $22.70 (subsection 43(5) of the Principal Act). Regulation 2 increases the additional weekly compensation for an injured employee requiring constant assistance from $30.50 to $31.70 (subsection 48(1) of the Principal Act). Regulation 3 outlines various increases in compensation benefits, such as the upper limit for alterations or repairs of certain aids and appliances used by an incapacitated employee, which is increased from $1,540 to $1,600 (subsection 37(3) of the Principal Act). Other increases include compensation for total loss of sight, partial loss of sight in both eyes, loss of capacity for sexual intercourse, severe and permanent facial disfigurement, and total and permanent loss of the sense of taste or smell, among others (subsections 39(1), 39(7), 40(1), 41(1), and 42(1) of the Principal Act). The amendments also increase the maximum compensation payable to dependants in respect of an injury resulting in an employee's death and the minimum total compensation for each dependent child of a deceased employee (paragraphs 43(3)(a), 43(4)(a), and 43(7)(b) of the Principal Act). Lastly, Regulation 4 sets the date of effect for these amendments as 13 June 1987. The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 109 impose obligations on the Commonwealth government to ensure that the updated compensation rates and amounts are applied correctly and consistently. This includes the obligation to provide accurate and updated information to relevant stakeholders, such as government employees, their dependants, and compensation administrators. The government must also ensure that the increased rates and amounts are applied in accordance with the provisions of the Principal Act and that any necessary adjustments to existing systems and processes are made to facilitate the implementation of the new rates. Breach of the Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1987 No 109 may result in civil or criminal consequences, depending on the nature and severity of the breach. The Principal Act may impose penalties for non-compliance, such as fines or imprisonment, for individuals or entities found to have deliberately or recklessly contravened the provisions of the Act or the amended Regulations. In addition, failure to provide the correct compensation rates and amounts may result in disputes and legal challenges from affected parties, which could lead to further financial and reputational consequences for the government. It is essential for the Commonwealth government to ensure compliance with the amended Regulations to avoid potential legal and financial repercussions.