Explanatory Statement
Statutory Rules 1984 No. 163
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 prescribe certain laws of the States and Territories providing for the payment of compensation other than workers’ compensation, pursuant to section 121A of the Compensation (Commonweatlh Government Employees) Act 1971. The effect of the prescription of those laws will be to permit the non-payment or reduction of compensation otherwise payable under the Act, or the recovery of compensation already paid under the Act from the other award of compensation, to the extent that the component of prescribed compensation relates to the injury for which compensation under the Act is payable.
Regulation 1 of the proposed Statutory Rules defines ‘Principal Regulations’ to mean the Compensation (Commonwealth Government Employees) Regulations.
Regulation 2 of the proposed Statutory Rules inserts a new Regulation 29 into the Compensation (Commonwealth Government Employees) Regulations which, for the purposes of the definition of ‘prescribed law’ contained in sub-section 121A(1) of the Act, declares the laws of the States and Territories specified in Schedule 5 to be prescribed laws for the purposes of the Act.
Regulation 3 of the proposed Statutory Rules amends the Regulations by adding at the end thereof the new Schedule 5.
Overview
The Compensation (Commonwealth Government Employees) Act 1971, enacted by the Parliament of Australia, was introduced to address the issue of overlapping compensation claims for Commonwealth government employees who suffer injuries while performing their duties. This Act aims to ensure that employees do not receive double compensation for the same injury, thereby promoting fairness and efficiency in the compensation process. The proposed Statutory Rules 1984 No. 163, issued under the authority of the Minister of State for Social Security, seek to amend the existing Compensation (Commonwealth Government Employees) Regulations by prescribing certain state and territory laws that provide for compensation other than workers’ compensation. This amendment allows for the non-payment or reduction of compensation under the Act if the employee has already received compensation under another prescribed law, aligning with the policy objective of preventing duplicative payments.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1984 No. 163, issued under the authority of the Minister of State for Social Security, amend the Compensation (Commonwealth Government Employees) Regulations to align with the Compensation (Commonwealth Government Employees) Act 1971. This amendment primarily targets Commonwealth government employees by providing a framework for the non-payment or reduction of compensation that might otherwise be payable under the Act, when it overlaps with compensation prescribed by the laws of the States and Territories. This is achieved through the prescription of specific state and territory laws that govern compensation, other than workers’ compensation, thereby ensuring consistency and preventing double compensation for the same injury. The scope of the amendment is jurisdictional, extending to the Commonwealth level, and it applies to the prescribed compensation laws of the various states and territories as detailed in the newly added Schedule 5. This regulatory amendment does not introduce any new exclusions or exemptions beyond those already defined in the Act but rather clarifies the application of existing laws to avoid redundancy in compensation payments.
Key Provisions
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 2004 (C2004L04177) amend the Compensation (Commonwealth Government Employees) Regulations to alter the circumstances under which compensation may be paid or recovered under the Compensation (Commonwealth Government Employees) Act 1971. Regulation 1 defines 'Principal Regulations' to refer to the existing Compensation (Commonwealth Government Employees) Regulations. Regulation 2 inserts a new Regulation 29, which specifies that certain State and Territory laws are prescribed for the purposes of the Act. Regulation 3 adds a new Schedule 5 to the Regulations, detailing the specific State and Territory laws that are prescribed.
These Regulations impose obligations on Commonwealth government employees and their employers by clarifying the interaction between the Commonwealth compensation scheme and State/Territory compensation laws. When an employee is eligible for compensation under both the Commonwealth Act and a State/Territory law, the Regulations ensure that the total compensation does not exceed what would have been payable under one scheme alone. This means that if an employee receives compensation from a State/Territory law, the amount of compensation they can receive under the Commonwealth Act may be reduced or they may not receive additional compensation.
Breaches of these Regulations could lead to civil consequences for non-compliance. For example, if an employer fails to apply the prescribed State/Territory laws correctly, they may be required to repay compensation that was unduly paid to an employee. Although the Regulations themselves do not specify criminal offences or penalties, the underlying Act could impose penalties for non-compliance. Under the Compensation (Commonwealth Government Employees) Act 1971, penalties for non-compliance could include fines and, in some cases, imprisonment. However, the specific penalties would depend on the nature and severity of the breach, as well as any relevant State/Territory laws. The overarching objective is to ensure that employees do not receive double compensation for the same injury or circumstance.