Employees' Compensation Regulations (Amendment)

Overview

The Statutory Rules 1960 No. 42, Regulations under the Commonwealth Employees' Compensation Act 1930-1959, were enacted to amend the Employees’ Compensation Regulations in response to changes in the names of certain Commonwealth authorities. The objective was to ensure the regulatory framework accurately reflected the current names of the entities involved. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was designed to bring the regulatory language in line with the official nomenclature of Commonwealth institutions, thereby maintaining clarity and precision in the application of the compensation provisions. The regulations were deemed to have come into operation on 14 January 1960, ensuring an immediate update to the relevant authorities listed in the compensation framework.

Scope and Application

The Statutory Rules 1960 No. 42, made under the Commonwealth Employees' Compensation Act 1930-1959, specify amendments to the Employees' Compensation Regulations, primarily affecting Commonwealth authorities. These regulations apply to specified entities within the Commonwealth, including the Commonwealth Banking Corporation, Reserve Bank of Australia, and others by amending Regulation 15. This amendment updates the nomenclature to reflect current names of financial institutions within the Commonwealth. The regulations are intended to ensure clarity and accuracy in the identification of eligible entities for the purposes of the Employees' Compensation Act, thereby ensuring that the intended beneficiaries of the Act are appropriately recognised and covered. The changes came into operation on January 14, 1960, thereby ensuring that any administrative or procedural adjustments within Commonwealth authorities align with the legislative intent. These regulations do not explicitly state any exclusions or thresholds, but their application is confined to the Commonwealth authorities specified within the regulations themselves.

Key Provisions

The primary operative sections of these Regulations involve amendments to Regulation 15 of the Employees’ Compensation Regulations. Specifically, Regulation 15 is amended to update the list of Commonwealth authorities eligible for compensation under the Act (Regulation 1(1)(a)-(c)). The amendments include the substitution of the term "Commonwealth Banking Corporation" for "Commonwealth Bank of Australia" and the removal of "Commonwealth Savings Bank of Australia" from the list. Additionally, "Reserve Bank of Australia" is added to the list of authorities following "Overseas Telecommunications Commission (Australia)". These changes reflect the current nomenclature of the Commonwealth entities involved. The Regulations impose specific obligations on the authorities listed in Regulation 15, ensuring they are eligible for compensation under the Act. These obligations include adherence to the updated list of Commonwealth authorities as specified in the amended Regulation 15, which now includes the Commonwealth Banking Corporation and the Reserve Bank of Australia while excluding the Commonwealth Savings Bank of Australia. Authorities must ensure their compliance with these changes to maintain their eligibility for compensation. For entities that fail to comply with the updated list of authorities as stipulated in the Regulations, there may be repercussions. Although the Regulations themselves do not explicitly state offences or penalties for non-compliance, breaches of the amended Regulation 15 could potentially lead to legal challenges or administrative actions under the broader provisions of the Commonwealth Employees’ Compensation Act 1930-1959. Non-compliance might result in the denial of compensation claims, thereby affecting the authorities' ability to secure financial support for eligible employees.