Health and Other Services (Compensation) Regulations 1995

Health and Other Services (Compensation) Regulations 1995

Statutory Rules 1995 No. 441 as amended

made under the

Health and Other Services (Compensation) Act 1995

This compilation was prepared on 26 September 2002
taking into account amendments up to SR 2002 No. 228

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 What is a small amount of compensation? 

 5 Certain payments not compensation (Act s 4) 

Schedule 1 Prescribed payments 

Notes  

1 Name of Regulations [see Note 1]

  These Regulations are the Health and Other Services (Compensation) Regulations 1995.

2 Commencement

  These Regulations commence on 1 February 1996.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Health and Other Services (Compensation) Act 1995.

4 What is a small amount of compensation?

 (1) For the purposes of subsection 38 (2) of the Act, the following amounts are prescribed:

 (a) in relation to an amount of compensation fixed in the period of 12 months from the beginning of 1 February 1996 — $150;

 (b) in relation to an amount of compensation fixed in each succeeding period of 12 months-an amount calculated using the formula:

 (2) In the formula in paragraph (1) (b):

 (a) amount means:

 (i) in the application of the formula in that paragraph to the first period of 12 months — the amount prescribed in paragraph (1) (a); and

 (ii) in the application of that formula to a later period-the amount calculated in the application of the formula to the preceding period of 12 months; and

 (b) index number for the CPI September quarter means the All Groups Consumer Price Index (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician for the period of 3 months ending on 30 September in the preceding period of 12 months.

5 Certain payments not compensation (Act s 4)

 (1) Subject to subregulation (2), for paragraph 4 (2) (e) of the Act, a payment is not compensation if the following conditions are met:

 (a) the payment is made under a provision of a Commonwealth, State or Territory Act specified in column 2 of an item in Schedule 1;

 (b) if any circumstances are specified in column 3 of that item, the payment is made in those circumstances;

 (c) the payment is made on or before the date (if any) specified in column 4 of that item.

 (2) If an item in Schedule 1 specifies a date on which a provision of a State or Territory Act is in force, and the provision is amended after that date, subregulation (1) does not apply to payments made under the provision after the commencement of the amendment.

Schedule 1 Prescribed payments

(regulation 5)

Notes to the Health and Other Services (Compensation) Regulations 1995

Note 1

The Health and Other Services (Compensation) Regulations 1995 (in force under the Health and Other Services (Compensation) Act 1995) as shown in this compilation comprise Statutory Rules 1995 No. 441 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments