EXPLANATORY STATEMENT
Statutory Rules 1986 No. 308
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 give effect to the proposals of the Government to -
• extend the application of the Act to employees of the Australian National University, a prescribed authority of the Commonwealth which is currently exempt from the application of the Act by virtue of a regulation made pursuant to sub-section 7(1) of the Compensation (Commonwealth Government Employees) Act 1971;
• extend the application of the Act to persons who are the holders of or who are acting in offices established by the Australian National University Act 1946, being persons to whom the Act does not currently apply by virtue of a regulation made pursuant to sub-section 7(2) of the Compensation (Commonwealth Government Employees) Act 1971; and
• extend cover under the Act, by regulation pursuant to sub-section 7(5) of the Compensation (Commonwealth Government Employees) Act 1971, to persons such as casual staff who assist in the running of the Governor-General’s households.
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 amends Regulation 9 of the Principal Regulations by omitting from sub-regulation 9(1) the words “The Australian National University”. Accordingly, the Australian National University will, from the date of notification of the proposed Statutory Rules in the Commonwealth of Australia Gazette, be a prescribed authority of the Commonwealth for the purposes of the Compensation (Commonwealth Government Employees) Act 1971.
Regulation 3 of the proposed Statutory Rules amends Regulation 10 of the Principal Regulations by omitting “Australian National University Act 1946-1971” from sub-regulation 10(1). Accordingly, the holders of, or persons acting in, offices established by that Act will, from the date of notification of the proposed Statutory Rules in the Commonwealth of Australia Gazette, be persons to whom and in relation to whom the Compensation (Commonwealth Government Employees) Act 1971 applies.
Regulation 4 of the proposed Statutory Rules amends Regulation 11 of the Principal Regulations by adding to the class of persons in the first column of the table in sub regulation 11(1) the words “Persons employed to assist in the households of the Governor-General who are employed otherwise than on a regular basis”, and to the class of acts in the second column of that table the words “Acts performed in the course of that employment”. Accordingly, casual staff who are employed to assist in the running of the Governor General’s households will, from the date of notification of the proposed Statutory Rules in the Commonwealth of Australia Gazette, be persons to whom and in relation to whom the Compensation (Commonwealth Government Employees) Act 1971 applies.
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1986 No. 308, issued by the authority of the Minister of State for Social Security, was enacted to address gaps in the Compensation (Commonwealth Government Employees) Act 1971. The principal objective of this legislation was to extend the coverage of the Act to previously exempt entities and individuals. Specifically, the regulations aimed to include employees of the Australian National University, who were previously exempt, as well as holders or acting office bearers established by the Australian National University Act 1946, who were not previously covered by the Act. Furthermore, the amendments sought to extend the Act's coverage to casual staff assisting in the running of the Governor-General’s households, thereby ensuring these individuals received appropriate compensation under the Act.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1986 No. 308 extend the scope of the Compensation (Commonwealth Government Employees) Act 1971 to include the Australian National University, its officers, and casual staff assisting in the running of the Governor-General’s households. The Act applies to these entities and individuals by amending existing regulations to omit specific exemptions and include previously excluded categories. The amendment ensures that these groups are now subject to the Act’s provisions regarding compensation for injuries or death in the course of employment. The changes are effective from the date of notification in the Commonwealth of Australia Gazette and do not alter the Act's jurisdictional reach, which remains at the Commonwealth level. Subordinate instruments may further specify details or extend the application of the Act as necessary.
Key Provisions
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules 1986 No. 308, issued under the authority of the Minister of State for Social Security, primarily aim to amend the scope of the Compensation (Commonwealth Government Employees) Act 1971. Regulation 2 (s. 2) modifies Regulation 9 of the Principal Regulations, effectively including the Australian National University as a prescribed authority for the purposes of the Act, thus extending its application to the employees of this institution. Regulation 3 (s. 3) further amends Regulation 10, removing the exclusion of holders of, or persons acting in, offices established by the Australian National University Act 1946. This ensures that such individuals are now subject to the Act's provisions. Regulation 4 (s. 4) amends Regulation 11 to include casual staff employed to assist in the running of the Governor-General’s households, thereby extending the Act's coverage to these individuals as well.
The primary obligations imposed by the amended regulations are on the Australian National University, the holders of, or persons acting in, offices established by the Australian National University Act 1946, and casual staff employed to assist in the Governor-General’s households. These entities and individuals must now comply with the provisions of the Compensation (Commonwealth Government Employees) Act 1971, which include entitlements to compensation for injuries or diseases arising out of or in the course of employment. This means that these parties are required to adhere to the Act's stipulations regarding compensation claims, workplace safety, and other related obligations.
The regulations do not explicitly outline specific offences or penalties for non-compliance within the text provided. However, non-compliance with the Compensation (Commonwealth Government Employees) Act 1971, as now extended to cover these additional entities and individuals, could potentially lead to legal consequences. These may include civil liabilities for failing to provide the mandated compensation, or other legal actions under the Act. Penalties for breaches of the Act typically depend on the nature and severity of the offence, and could include fines or other sanctions as prescribed by the Act or related legislation. The maximum penalties, if any, are not detailed in the provided text but would be outlined in the relevant sections of the Compensation (Commonwealth Government Employees) Act 1971.