1982 No.117
Explanatory Statement
Subject:Â Compensation (Commonwealth Government Employees) Regulations (Amendment).
The purpose of the Statutory Rules is to ensure that persons who are engaged, or persons whose services have been made available, for the purposes of the High Court of Australia have workers’ compensation coverage under the Compensation (Commonwealth Government Employees) Act 1971.
Regulation 1 of the Statutory Rules adds a further class to the classes of persons prescribed in the table to Regulation 11 of the Compensation (Commonwealth Government Employees) Regulations. That class will encompass persons engaged as employees of the High Court by the Clerk under sub-section 26(3) of the High Court of Australia Act 1979 and officers and employees of the Australian Public Service, or an authority of the Commonwealth, whose services have been made available for the purposes of the Court under sub-section 26(6) of that Act.
Regulation 2 of the Statutory Rules expresses the date of effect of the proposed amendment as 21 April 1980. This is the date of commencement of the High Court of Australia Act 1979 under which those persons to whom the amendment applies have been engaged or their services made available. This retrospective application will ensure that such persons who have suffered injury or, disease in the service of the Court prior to the making of these Statutory Rules will have a statutory right to compensation under the Compensation (Commonwealth Government Employees) Act 1971 and have access to the avenues of administrative review provided under that Act. To date, compensation claims by employees of the High Court have been handled by ex-gratia arrangements.
Overview
The Compensation (Commonwealth Government Employees) Regulations (Amendment) 1982 addresses the issue of ensuring that employees and officers engaged for the High Court of Australia have appropriate workers' compensation coverage. Enacted by the Parliament of Australia, this legislation amends the Compensation (Commonwealth Government Employees) Regulations to include a new class of persons covered by the Compensation (Commonwealth Government Employees) Act 1971. The policy objective is to provide statutory rights to compensation for these individuals, thereby formalising the compensation process that was previously managed through ex-gratia arrangements. The regulations were designed to be retrospectively effective from the date of commencement of the High Court of Australia Act 1979, ensuring that employees injured before the amendment could also access compensation and administrative review.
This amendment highlights a legislative effort to harmonise the compensation coverage for all employees of the High Court, aligning their entitlements with those of other Commonwealth Government employees. By incorporating the High Court employees into the existing regulatory framework, the legislation aims to standardise and streamline the process for handling compensation claims, ensuring that all affected individuals have access to the necessary support and administrative recourse.
Scope and Application
The Compensation (Commonwealth Government Employees) Regulations (Amendment) Statutory Rules aim to extend workers' compensation coverage to a specific class of individuals engaged or whose services have been made available for the purposes of the High Court of Australia. This extension ensures that these individuals, who were previously not explicitly covered under the Compensation (Commonwealth Government Employees) Act 1971, are now entitled to compensation for any injuries or diseases incurred in the course of their employment with the Court. The amendment applies to employees engaged by the Clerk of the High Court under the High Court of Australia Act 1979, as well as officers and employees of the Australian Public Service or any Commonwealth authority whose services have been made available to the Court. These Statutory Rules are effective from 21 April 1980, which aligns with the commencement date of the High Court of Australia Act 1979, allowing retrospective coverage for any injuries or diseases that occurred prior to the amendment's implementation.
The application of these Statutory Rules is limited to individuals engaged or whose services have been made available for the High Court of Australia under the specified sections of the High Court of Australia Act 1979. The amendment is intended to provide a statutory right to compensation for this group, replacing the previous ex-gratia arrangements that handled compensation claims for these employees. The scope of the Act does not extend beyond the specified classes of persons and their employment or service with the High Court of Australia. Additionally, the Act does not specify any exclusions or exemptions, and its application is confined to the Commonwealth jurisdiction. Any further details or modifications to the application of the Act may be addressed through subordinate instruments, although the primary focus remains on ensuring comprehensive coverage for the designated classes of individuals.
Key Provisions
The Compensation (Commonwealth Government Employees) Regulations (Amendment) (2004 No. 172) primarily focuses on enhancing the coverage of workers' compensation for certain classes of employees under the Compensation (Commonwealth Government Employees) Act 1971. Regulation 1 introduces an additional class of individuals who will now be covered by the Act, specifically including those who are engaged by the Clerk of the High Court under sub-section 26(3) of the High Court of Australia Act 1979, as well as officers and employees of the Australian Public Service or other Commonwealth authorities whose services are made available to the High Court under sub-section 26(6) of that Act. This amendment ensures that these individuals, who were previously excluded from workers' compensation coverage, now have the protection afforded by the Act.
Under these regulations, there are specific obligations for both the employees and the Commonwealth. Employees who fall within the newly defined class must report any injury or disease that occurs in the course of their employment, in accordance with the provisions of the Compensation (Commonwealth Government Employees) Act 1971. The Commonwealth, on the other hand, is required to ensure that these employees have access to the necessary administrative review processes if their compensation claims are disputed. This includes providing a mechanism for reviewing decisions related to compensation claims, ensuring that the rights of these employees are upheld.
The regulations also establish consequences for any breaches of the provisions outlined. While the explanatory statement does not explicitly detail specific offences or penalties, it is implied that any failure to adhere to the requirements for reporting injuries or diseases, or any procedural shortcomings in handling compensation claims, could potentially lead to civil or administrative penalties. These could include financial penalties or other corrective actions to ensure compliance with the Act. The maximum penalties, however, are not specified within the explanatory statement but would be determined by the relevant laws governing administrative and civil penalties under Australian law.
Overall, the Compensation (Commonwealth Government Employees) Regulations (Amendment) aims to extend workers' compensation coverage to a previously unencompassed group of employees, ensuring they have access to the same protections and rights as other Commonwealth government employees. By doing so, the amendment addresses a gap in coverage and provides a clear framework for handling compensation claims, thereby reinforcing the importance of workplace safety and employee welfare within the Commonwealth's judicial and administrative sectors.