EXPLANATORY STATEMENT
Statutory Rules 1988 No 278
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 Regulations is to give effect to the proposal of the Government to extend the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Coselco Mimotopes Proprietary Limited and Coselco Insurance Proprietary Limited, wholly owned subsidiaries of the Commonwealth Serum Laboratories Commission, by virtue of a regulation made pursuant to subsection 7(5) of the Act.
The proposed Regulations 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 Coselco Mimotopes Proprietary Limited” and “Persons employed by Coselco Insurance Proprietary Limited”, and to the class of acts in the second column of that table the words “Acts performed in the course of that employment” in relation to both classes of persons.
By Regulation 1 of the proposed Regulations, these amendments would be taken to have commenced on 1 June 1988, the date on which the companies were established. This will not adversely affect the rights of any person.
Accordingly, persons who are employed by Coselco Mimotopes Proprietary Limited and Coselco Finance Proprietary Limited will, from I June 1988, be taken to be persons to whom and in relation to whom the Compensation (Commonwealth Government Employees) Act 1971 has applied.
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1988 No 278 were enacted in 1988 by the authority of the Minister of State for Social Security to address a gap in the application of the Compensation (Commonwealth Government Employees) Act 1971. This legislation was introduced to extend the application of the Act to employees of Coselco Mimotopes Proprietary Limited and Coselco Insurance Proprietary Limited, which are wholly owned subsidiaries of the Commonwealth Serum Laboratories Commission. The primary objective of these amendments is to ensure that employees of these companies are covered under the Act from the date of their establishment on 1 June 1988, without adversely affecting the rights of any person. The amendments were made under the authority of subsection 7(5) of the original Act and serve to include these new entities within the scope of the Compensation framework.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1988 No 278, made under the authority of the Minister of State for Social Security, serve to extend the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of Coselco Mimotopes Proprietary Limited and Coselco Insurance Proprietary Limited. These companies are wholly owned subsidiaries of the Commonwealth Serum Laboratories Commission. The amendment is achieved by modifying Regulation 11 of the Compensation (Commonwealth Government Employees) Regulations, specifically by adding entries to the table in subregulation 11(1). The amendment identifies "Persons employed by Coselco Mimotopes Proprietary Limited" and "Persons employed by Coselco Insurance Proprietary Limited" in the first column, with corresponding "Acts performed in the course of that employment" in the second column. The amendments under Regulation 1 are effective from 1 June 1988, the date these companies were established, and do not adversely affect the rights of any person. This extension ensures that from this date, employees of the specified companies are subject to the provisions of the Compensation (Commonwealth Government Employees) Act 1971 in the same manner as other Commonwealth government employees.
Key Provisions
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1988 No 278 propose amendments to the existing Compensation (Commonwealth Government Employees) Regulations. The primary change is the extension of the application of the Compensation (Commonwealth Government Employees) Act 1971 to employees of two specific companies. Regulation 11 of the existing regulations is amended by adding the names of the companies, Coselco Mimotopes Proprietary Limited and Coselco Insurance Proprietary Limited, to the list of entities covered under the Act (Regulation 11(1)). The amendment includes these companies and their employees in the class of persons and acts to which the Act applies, ensuring that employees of these companies are afforded the same compensation rights as other Commonwealth government employees (Regulation 11(1)).
The amendments outlined in the proposed regulations impose specific obligations on the entities and their employees. By including Coselco Mimotopes Proprietary Limited and Coselco Insurance Proprietary Limited in the scope of the Compensation (Commonwealth Government Employees) Act 1971, these companies must now comply with all the provisions of the Act, including those related to employee compensation, injury management, and rehabilitation. Employees of these companies will be entitled to the same benefits and protections as other Commonwealth government employees, including compensation for work-related injuries and illnesses. The regulation ensures that these employees are covered from the date of the companies’ establishment, 1 June 1988, without affecting any existing rights.
Breaching the provisions of the Compensation (Commonwealth Government Employees) Act 1971, as amended by these regulations, could lead to various civil and criminal consequences. Employers failing to comply with the compensation requirements could face penalties as stipulated under the Act. While the specific penalties are not detailed in the explanatory statement, non-compliance generally can result in fines, legal action, and potential criminal charges for serious breaches. The consequences underscore the importance of adhering to the Act’s provisions to ensure fair treatment and protection for employees.