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)
Item | Provision | Circumstances | Date for payment |
1 | Subdivision 1, 2 or 3 of Division 3A of Part IV of the Accident Compensation Act 1985 of Victoria, as in force on 12 December 2001 | | 30 June 2006 |
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
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1995 No. 441 | 22 Dec 1995 | 1 Feb 1996 | |
2002 No. 228 | 26 Sept 2002 | 26 Sept 2002 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2002 No. 228 |
R. 5................. | ad. 2002 No. 228 |
Schedule 1............ | ad. 2002 No. 228 |
Overview
The Health and Other Services (Compensation) Regulations 1995 were enacted under the Health and Other Services (Compensation) Act 1995 to address gaps in compensation for services provided to patients who were injured due to medical negligence or other incidents. This legislation was introduced to provide a structured framework for compensation payments and to ensure that certain payments were not considered as compensation. The regulations were prepared by the Office of Legislative Drafting, Attorney-General’s Department, and came into effect on 1 February 1996. The primary objective of these regulations is to provide clarity on what constitutes a small amount of compensation and to specify certain payments that are not considered compensation, thereby ensuring that compensation is fairly and accurately administered.
Scope and Application
The Health and Other Services (Compensation) Regulations 1995, which were made under the Health and Other Services (Compensation) Act 1995, apply to compensation payments across Australia, governing the procedures and amounts involved. These regulations aim to provide a consistent framework for determining compensation in the context of health and other services, ensuring that compensation is provided fairly and efficiently. They apply to all compensation claims that fall within the scope of the Act, which includes compensation for personal injury or death caused by negligent treatment or other actions within the health and related services sector. The regulations set out the specific conditions and criteria for determining the amount of compensation, including the calculation of small amounts of compensation based on the Consumer Price Index. Certain payments are excluded from being considered compensation under these regulations, as specified in Schedule 1, which lists particular provisions of Commonwealth, State, or Territory Acts where payments are not deemed compensation if made under those provisions. The scope of these regulations is further extended through subordinate instruments, allowing for updates and adjustments to the prescribed compensation amounts and the list of excluded payments.
Key Provisions
The Health and Other Services (Compensation) Regulations 1995 (the Regulations), made under the Health and Other Services (Compensation) Act 1995, establish key provisions for determining compensation amounts and specifying certain payments that do not constitute compensation. Regulation 4 defines a small amount of compensation, which is $150 for compensation amounts fixed in the first 12-month period following 1 February 1996 and indexed thereafter according to the Consumer Price Index. Regulation 5 outlines conditions under which certain payments made under specified Commonwealth, State, or Territory Acts are not considered compensation. These conditions include the specific provisions of the Acts, any specified circumstances, and the date by which the payment must be made, as detailed in Schedule 1.
The Regulations impose obligations on parties by defining the criteria for determining what constitutes a small amount of compensation and by identifying certain payments that are excluded from the definition of compensation. For example, under regulation 4, entities must index compensation amounts according to the Consumer Price Index for periods beyond the initial 12 months. Furthermore, regulation 5 requires that payments made under specific provisions of Commonwealth, State, or Territory Acts, under certain circumstances and by specified dates, are not to be considered compensation. These obligations are critical for ensuring that compensation is calculated and applied correctly in accordance with the Act.
Failure to comply with the Regulations can result in significant consequences. While the Regulations themselves do not explicitly detail penalties, breaches of the underlying Act may attract penalties. For instance, under the Health and Other Services (Compensation) Act 1995, certain offences can lead to criminal charges, with penalties including substantial fines and, in some cases, imprisonment. Civil penalties may also apply for breaches, potentially including compensation payments to affected parties. Therefore, adherence to the Regulations is essential to avoid legal repercussions.