STATUTORY RULES.
1932. No. 143.
REGULATIONS UNDER THE COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Employees Compensation Act 1930, to come into operation forthwith.
Dated this ninth day of December, 1932.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE
for Treasurer.
Amendment of Employees’ Compensation Regulations 1930.
(Statutory Rules 1930, No. 134.)
1. Regulation 11 of the Employees’ Compensation Regulations is amended by inserting after sub-regulation (3.) the following sub-regulations:—
“Appeals.
(4.) Any person who intends to apply to the Court for extension of the time for appeal shall serve on the Commissioner not less than seven days’ notice of his intention so to apply.
(5.) Where upon any such application the Court extends the time for appeal, the person appealing shall serve on the Commissioner the notice of appeal together with a copy of the Order of the Court extending the time for appeal.
(6.) Unless the Court otherwise orders, the date fixed for the hearing of the appeal shall be not less than thirty days after the service on the Commissioner of the notice of appeal.”.
2. After Regulation 16 the following regulation is added:—
“Payment of compensation to trustees.
17.—(1.) In cases where the Act provides that any amount of compensation shall be paid to the Commissioner and invested or applied or dealt with by him in such manner as he thinks fit for the benefit of the persons entitled thereto, the amount may be paid to such trustee or trustees as the Commissioner may appoint and the amount so paid shall be held for the benefit of the person entitled thereto, upon such trusts as may be approved by the Commissioner.
(2.) Where any determination is varied by the Commissioner in pursuance of paragraph 9 of the First Schedule to the Act, any trust created under this regulation shall cease and determine as from the date of the variation, and any trust moneys then held shall be dealt with in such manner as the Commissioner directs;
Provided that the determination of a trust by operation of this sub-regulation shall not prejudice any right of action against a trustee in respect of any act or omission occurring prior to the date of the variation.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3806.—Price 3d.
Overview
The Commonwealth Employees’ Compensation Regulations 1932 were enacted under the Commonwealth Employees Compensation Act 1930 by the Governor-General in Council, with the intention of amending the existing regulations to provide clarity and structure in the appeals process and the payment of compensation to trustees. This legislative instrument aims to ensure that employees who are eligible for compensation under the Act have a clear and fair process for lodging appeals and that compensation is managed and invested appropriately for the benefit of the employees. The regulations introduce new sub-regulations regarding the timing and procedure for appeals and also establish a framework for the payment of compensation to trustees, including provisions for the cessation of trusts upon variation of determinations.
Scope and Application
The Statutory Rules 1932, No. 143, which are Regulations under the Commonwealth Employees' Compensation Act 1930, apply to any person or entity involved in the administration, application, or appeal process related to the compensation of Commonwealth employees. The regulations extend their jurisdiction across the Commonwealth of Australia, ensuring uniformity in the application of compensation processes. These regulations primarily focus on procedural aspects, including the extension of time for appeals and the payment of compensation to trustees appointed by the Commissioner. Notably, the regulations do not create substantive changes to the compensation amounts or entitlements but rather refine the procedural mechanisms surrounding compensation claims and appeals. The amendments and additions to the Employees' Compensation Regulations 1930 establish clear timelines and requirements for the appeal process and the management of compensation funds by trustees, thereby providing a structured framework for handling compensation-related matters within the Commonwealth jurisdiction.
Key Provisions
The Regulations under the Commonwealth Employees’ Compensation Act 1930 provide specific procedures and requirements related to appeals and the payment of compensation to trustees. Regulation 11(4) stipulates that any person intending to apply to the Court for an extension of the time for appeal must serve notice of their intention on the Commissioner at least seven days prior to the application. Regulation 11(5) mandates that if the Court grants an extension of time for appeal, the appellant must serve the notice of appeal on the Commissioner along with a copy of the Court’s order extending the time for appeal. Regulation 11(6) sets the date for the hearing of the appeal, which must be not less than thirty days after the service of the notice of appeal on the Commissioner, unless the Court orders otherwise.
These regulations impose obligations on individuals and entities involved in the appeal process. For instance, any person seeking an extension of time for appeal must comply with the notice requirement outlined in Regulation 11(4). This ensures that the Commissioner is adequately informed and has the opportunity to prepare for the potential appeal. Similarly, Regulation 11(5) requires appellants to serve both the notice of appeal and a copy of the Court’s extension order on the Commissioner, ensuring transparency and adherence to procedural requirements. Furthermore, Regulation 17(1) places a responsibility on the Commissioner to appoint trustees to whom compensation amounts may be paid, and to manage these funds in the best interest of the beneficiaries, subject to the Commissioner’s approval of the terms of the trust.
Failure to comply with these regulations can lead to civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the text, breaches of such procedural requirements can typically result in appeals being dismissed, compensation claims being denied, or other legal penalties as may be prescribed under the relevant legislation. The emphasis is on adherence to the specified timelines and procedural formalities to ensure the proper administration of compensation claims.