Compensation (Commonwealth Government Employees) Regulations (Amendment)

Overview

The Compensation (Commonwealth Government Employees) Regulations 1981 (Amendment) were made under the authority of the Compensation (Commonwealth Government Employees) Act 1971, enacted to provide compensation for Commonwealth government employees who suffer injury or death in the course of their employment. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary aim of these Regulations is to adjust the compensation rates for Commonwealth government employees, ensuring that they remain commensurate with the cost of living and other relevant factors. These amendments adjust the weekly compensation payments and various prescribed amounts in the Act, effective from 1 September 1981, for both weekly and non-weekly compensation payments for injuries or losses occurring on or after this date.

Scope and Application

The Compensation (Commonwealth Government Employees) Regulations 1981 (Amendment) apply to the compensation payable to Commonwealth government employees under the Compensation (Commonwealth Government Employees) Act 1971. These Regulations specifically amend the rates of compensation for weekly payments and other specified payments made to employees who suffer an injury or a related loss while in the course of their employment, effective from 1 September 1981. The scope of the amendments encompasses both weekly and non-weekly compensation payments made to employees who incur injuries or related losses on or after the specified date. The amendments adjust various compensation rates outlined in the original Regulations, ensuring that the compensation amounts reflect current economic conditions and the costs associated with employee injuries and losses. The application of these Regulations is limited to the Commonwealth government sector, ensuring that compensation is uniformly applied across federal government employees.

Key Provisions

The Compensation (Commonwealth Government Employees) Regulations 1981 (Amendment) modifies the original regulations established under the Compensation (Commonwealth Government Employees) Act 1971. The primary changes involve updates to the rates prescribed for compensation purposes, as detailed in the various sections of the Act. Specifically, Regulation 27 is amended to update the weekly compensation rate from $13.10 to $14.20 (subsection 43(5)), and Regulation 28 is amended to update the maximum weekly compensation rate from $18.35 to $19.90 (subsection 48(1)). Further, Schedule 4 to the Regulations is comprehensively revised, replacing the old table with a new one that prescribes various amounts for different subsections and paragraphs of the Act (subsection 43(3), subsection 39(1), etc.). These amendments impose specific obligations on the parties involved, particularly the Commonwealth Government, to ensure that compensation payments are adjusted in accordance with the new rates set forth in the Regulations. The updated rates must be applied to weekly payments of compensation under the Act for periods commencing on or after 1 September 1981, and to other compensation payments for injuries or events occurring on or after this date. The precise amounts prescribed for different provisions of the Act must be adhered to when calculating and disbursing compensation to eligible employees. Failure to comply with these amended Regulations can result in legal consequences. While the specific penalties for non-compliance are not detailed in the Regulations themselves, breaches of the Compensation (Commonwealth Government Employees) Act 1971 or the regulations made under it could potentially lead to civil or administrative actions, depending on the nature and severity of the breach. The exact penalties would depend on the specific circumstances and any relevant statutory provisions, but they could include financial penalties or other corrective measures as deemed appropriate by the relevant authorities.