EXPLANATORY STATEMENT
Statutory Rules 1985 No 80
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 purposes of the proposed Statutory Rules is to increase, from 1 May 1986, the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971.
Regulation 1 of the proposed Statutory Rules amends Regulation 27 of the Compensation (Commonwealth Government Employees) Regulations to prescribe a rate of $21.20 a week for the purposes of sub-section 43(5) of the Principal Act. Accordingly, the rate of weekly payment in respect of each dependent child of a deceased employee is increased from $20.50 to $21.20 a week.
Regulation 2 of the proposed Statutory Rules amends Regulation 28 of the Compensation (Commonwealth Government Employees) Regulations to prescribe a rate of $29.60 a week for the purpose of sub-section 48(1) of the Principal Act. Accordingly, the rate of attendant’s allowance payable when an injured employee requires the constant help of another person is increased from $28.70 a week to $29.60 a week.
Regulation 3 of the proposed Statutory Rules amends Schedule 4 of the Compensation (Commonwealth Government Employees) Regulations to prescribe new amounts of benefits under Regulation 26 which will apply the prescribed amounts for the purposes of various provisions of the Principal Act. Schedule 4 operates to increase compensation benefits as follows:
• Sub-section 37(3): the general upper limit for the amount of compensation payable for alterations to buildings or vehicles, or repair or replacement of certain aids and applicances, used by an incapacitated employee is increased from $1,440 to $1,490.
• Sub-sections 39(1) and 39(3): the amount of compensation payable in respect of total loss of sight resulting from an injury is increased from $51,290 to $52,980. An increase in this amount has the effect of increasing the amount of compensation payable for other specified losses resulting from an injury in the same proportion. The compensation entitlement for these losses is expressed as a percentage of the maximum figure (eg loss of a leg below the knee attracts a payment of 65% of the amount payable for total loss of sight).
• Sub-section 39(7): The amount of compensation for an injury that results in partial loss of sight in both eyes is increased from $25,660 to $26,510.
• Sub-section 40(1): the amount of compensation payable for an injury that results in loss of the capacity to engage in sexual intercourse is increased from $25,660 to $26,510.
• Sub-section 41(1) and (6): the maximum amount of compensation payable in respect of an injury that results in severe and permanent facial disfigurement is increased from $25,660 to $26,510.
• Sub-sections 42(1) and (2): compensation payable in respect of an injury that results in total and permanent loss of the sense of taste or smell is increased from $5,130 to $5,300.
• Paragraphs 43(3)(a) and (4)(a): the maximum amount of compensation payable to dependants in respect of an injury to an employee that results in his or her death is increased from $51,290 to $52,980.
• Paragraph 43(7)(b): the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,050 to $2,120.
• Sub-section 44(1): the maximum amount of compensation payable in respect of funeral expenses incurred in respect of a deceased employee is increased from $1,330 to $1,370.
• Paragraph 45(2)(a): sub-section 45(3): sub-section 45(4):
- paragraph 45(2)(a): the basic weekly payment to an employee in respect of a period of total incapacity for work resulting from an injury is increased from $164.80 to $170.20.
- sub-section 45(3): the weekly allowance for a dependent spouse during such a period of total incapacity is increased from $43.20 to $44.60.
- sub-section 45(4): the weekly allowance for each dependent child during such a period of total incapacity is increased from $20.50 to $21.20.
• Sub-paragraph 46(2)(a)(i): the maximum weekly amount of compensation payable to an employee in respect of a period of partial incapacity for work resulting from an injury is increased from $164.80 to $170.20.
Regulation 4 of the proposed Statutory Rules expresses the date of effect of these amendments to be 1 May 1986.
Paragraph 4(a) applies the increased rates and amounts of weekly compensation payable under the Act in respect of any period commencing after 30 April 1986.
Paragraph 4(b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury, a loss specified, or an event, that occurs after 30 April 1986.
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No 80, enacted by the authority of the Minister of State for Social Security, were introduced to address the need for updating the rates and amounts of compensation benefits under the Compensation (Commonwealth Government Employees) Act 1971. The purpose of these amendments was to ensure that the compensation provided to employees and their dependants remains fair and reflective of current economic conditions. Effective from 1 May 1986, the regulations increase various compensation rates, including weekly payments for dependent children of deceased employees, attendant's allowances, and lump sum payments for specific injuries and losses. These adjustments aim to provide adequate support to employees and their families in light of changes in the cost of living and other economic factors.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No 80, issued under the authority of the Minister of State for Social Security, aim to revise the rates and amounts of compensation benefits payable to Commonwealth government employees under the Compensation (Commonwealth Government Employees) Act 1971. These amendments, effective from 1 May 1986, involve adjustments to various compensation benefits, including weekly payments for dependent children of deceased employees, attendant's allowances for injured employees requiring constant help, and lump sum payments for injuries and specified losses. The changes are implemented through amendments to the regulations, primarily impacting the rates and caps on compensation benefits for injuries, disabilities, and fatalities. The scope of the legislation is confined to Commonwealth government employees, ensuring they receive updated compensation benefits that reflect changes in economic conditions and the cost of living.
Key Provisions
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No 80, issued by the Minister of State for Social Security, primarily seek to adjust the rates and amounts of compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971. These adjustments are effective from 1 May 1986. Regulation 1 increases the weekly payment for each dependent child of a deceased employee from $20.50 to $21.20, as prescribed under Regulation 27 of the Principal Regulations (subsection 43(5) of the Principal Act). Regulation 2 raises the attendant’s allowance for injured employees requiring constant help from another person from $28.70 to $29.60 per week, as outlined in Regulation 28 of the Principal Regulations (subsection 48(1) of the Principal Act). Regulation 3 modifies Schedule 4 of the Principal Regulations to update the compensation amounts for various injuries and losses, including alterations to buildings or vehicles, total and partial loss of sight, loss of the sense of taste or smell, and more.
The Amendment Statutory Rules impose specific obligations on the parties governed by the Compensation (Commonwealth Government Employees) Act 1971. For instance, the amendments necessitate that the Department of Social Security, which administers the Act, update its systems and processes to reflect the new rates and amounts of compensation. Employers of Commonwealth government employees must ensure that these updated rates are applied to eligible claims submitted by their employees. Additionally, the Regulations require that any compensation payments made after 30 April 1986 adhere to the new rates, thereby ensuring that affected employees and their dependents receive the correct compensation amounts.
Non-compliance with the new compensation rates and amounts stipulated in the Amendment Statutory Rules may result in civil consequences for the parties involved. For example, if the Department of Social Security fails to implement the updated rates, it may be subject to legal action for underpayment of compensation benefits. Employers who do not adhere to the new rates when processing claims could face complaints and potential litigation from their employees. Although the Explanatory Statement does not explicitly detail criminal or civil penalties, any breach of the compensation provisions under the Principal Act could lead to legal disputes and financial repercussions for the offending party.
In summary, the Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1985 No 80 introduce significant changes to the compensation benefits payable under the Compensation (Commonwealth Government Employees) Act 1971, effective from 1 May 1986. These changes are primarily aimed at increasing the rates and amounts of compensation for various injuries and losses sustained by Commonwealth government employees. The amendments impose specific obligations on the Department of Social Security and employers to ensure that the new rates are applied correctly. Non-compliance with these new provisions could result in civil consequences, although specific penalties are not detailed in the Explanatory Statement.