Employees Compensation Regulations (Amendment)

Overview

The Statutory Rules of 1935, No. 33, enacted under the Commonwealth Employees’ Compensation Act 1930, aim to address the specific liability of the Commonwealth in cases of personal injury to employees of Rifle Clubs, State Rifle Associations, and District Rifle Club Unions occurring during employment on a rifle range. The Regulations were enacted by the Governor-General, Isaac Isaacs, on the advice of the Federal Executive Council, and they amend the existing Employees’ Compensation Regulations to explicitly include Rifle Clubs and their associations under the scope of the Act. The policy objective is to ensure that the Commonwealth bears the liability for compensating employees injured in the course of their employment in the specified activities, thereby providing a clear legal framework for such incidents.

Scope and Application

The Regulations under the Commonwealth Employees’ Compensation Act 1930 apply to certain employees engaged in specific activities on rifle ranges. These regulations extend to employees of Rifle Clubs, State Rifle Associations, and District Rifle Club Unions that are formed or established in accordance with the Australian Rifle Club Regulations. The primary focus of the amendments is to impose a special liability on the Commonwealth to pay compensation for personal injuries by accident that arise out of and in the course of employment on a rifle range for employees involved in the actual conduct of a rifle practice or competition. The geographic reach of these regulations is national, as they pertain to entities and conduct occurring within the Commonwealth of Australia. These regulations do not explicitly mention exclusions, exemptions, or thresholds, but it is implied that the compensation liability applies specifically to the outlined scenarios and excludes other activities or injuries not covered by the terms of the Act and these regulations. Any further detailed application or exceptions may be defined through subordinate instruments or additional legislative amendments.

Key Provisions

The main operative sections of these regulations, which are made under the Commonwealth Employees’ Compensation Act 1930, include amendments and additions to the existing Employees’ Compensation Regulations. Regulation 14 is amended by including Rifle Clubs, State Rifle Associations, and District Rifle Club Unions formed in accordance with the Australian Rifle Club Regulations (Reg. 1(2)). A new regulation, 14a, is inserted to specify the Commonwealth's liability for compensating employees of these Rifle Clubs who suffer personal injury by accident while conducting rifle practice or competitions on a rifle range (Reg. 14a). These regulations impose specific obligations on the Commonwealth to ensure that it bears the liability for compensating employees of Rifle Clubs, State Rifle Associations, and District Rifle Club Unions who are injured during rifle practice or competitions. This means that if such an employee is injured in the course of their employment on a rifle range, the Commonwealth must provide compensation as stipulated by the Act (Reg. 14a). The legislation does not explicitly detail offences, penalties, or consequences for breaches within these regulations. However, under the overarching Commonwealth Employees’ Compensation Act 1930, failure to comply with the provisions regarding compensation could result in civil or administrative penalties. The exact nature and severity of these penalties would depend on the specific circumstances and any additional statutory provisions that might apply. The Commonwealth is expected to adhere to its obligation to compensate as set out in these regulations to avoid any potential repercussions that may arise from non-compliance.