COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971
- Reprinted as at 19 December 1973 (HISTACT CHAP 1986 #DATE 19:12:1973)
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - TABLE OF
PROVISIONS
TABLE
COMPENSATION (AUSTRALIAN
GOVERNMENT EMPLOYEES) ACT 1971-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Repeal
5. Interpretation
6. Application of Act
7. Persons in relation to whom Act applies
8. Employment to include attendance at certain places
PART II-COMMISSIONER FOR EMPLOYEES' COMPENSATION
9. Commissioner for Employees' Compensation
10. Tenure of office
11. Salary and allowances
12. Leave of absence
13. Dismissal
14. Resignation
15. Vacation of office
16. Rights of public servant appointed as Commissioner
17. Application of Superannuation Act
18. Oath or affirmation of allegiance and office
19. Acting Commissioner
20. Function and powers of Commissioner
21. Bank accounts
22. Proper accounts to be kept
23. Audit
24. Delegation by Commissioner
PART III-COMPENSATION
25. Average weekly earnings
26. Employee deemed to be totally incapacitated if employment for
which
he is fitted is not available
27. Compensation for personal injuries
28. Compensation for damage to artificial limbs, &c.
29. Compensation in respect of death, loss, disfigurement or
incapacity
through disease
30. Certain diseases to be deemed to be contributed to by employment
31. Provisions relating to diseases
32. Journey to or from employment
33. Journey to or from place of employment
34. Journey to or from living accommodation or to or from place of
employment within which living accommodation is situated
35. Certain journeys excluded from operation of sections 33 and 34
36. Provisions relating to journeys
37. Compensation payable in respect of medical expenses, &c.
38. Provision of vocational training
39. Compensation payable in respect of certain losses
40. Compensation payable in respect of loss of capacity to engage in
sexual intercourse
41. Compensation payable in respect of facial disfigurement
42. Compensation payable in respect of total loss of the sense of
taste
or smell
43. Compensation payable in respect of injuries resulting in death
44. Compensation payable in respect of funeral expenses
45. Compensation payable in respect of injuries resulting in total
incapacity
46. Compensation payable in respect of injuries resulting in partial
incapacity
47. Incapacity while undergoing, or as a result of, medical treatment
48. Additional compensation payable where employee requires the
constant
help of another person
49. Redemption of compensation payable in respect of partial
incapacity
50. Recurrent payments after payment of lump sum
51. Cancelled determinations not to affect certain payments of
compensation
52. Reduction of compensation in certain cases
PART IV-MAKING AND DETERMINATION OF CLAIMS
53. Notice to Commonwealth of injury, disease or loss of or damage to
property
54. Time for making claims for compensation
55. Survival of claims
56. Medical Referees
57. Medical boards
58. Power of Commissioner to require medical examination
59. Certificates
60. Power of Commonwealth to require medical examination
61. Service of copies of determinations and other documents by
Commissioner
PART V-REFERENCES TO COMPENSATION TRIBUNALS AND
APPLICATIONS
TO PRESCRIBED COURTS
Division 1-Preliminary
62. Interpretation
63. References and applications to Tribunal or Court
Division 2-Constitution of Compensation Tribunals
64. Commonwealth Employees' Compensation Tribunals
65. Tenure of office
66. Remuneration and allowances
67. Leave of absence
68. Dismissal
69. Resignation
70. Vacation of office
71. Application of Officers' Rights Declaration Act and
Superannuation
Act
72. Certain provisions not to apply to persons constituting Tribunal
outside Australia
73. Oath or affirmation of allegiance and office
74. Person acting as Compensation Tribunal
75. Clerks and Deputy Clerks of Compensation Tribunals
Division 3-References to Compensation Tribunals
76. References to Compensation Tribunal
77. Extension of time for requesting reference
78. Commissioner to notify Clerk of request
79. Clerk to fix time and place for reconsideration of the matter or
question by the Tribunal
80. Procedure of Compensation Tribunal
81. Proceedings to be in public except in special circumstances
82. Representation before Compensation Tribunal
83. Powers of Compensation Tribunal
84. Reconsideration of matter or question by Compensation Tribunal
85. Costs of proceeding before Compensation Tribunal
86. Protection of Compensation Tribunals, representatives and
witnesses
87. Disobedience to summons, &c.
88. Fees for witnesses
89. Offences in relation to Compensation Tribunal
Division 4-Applications to Prescribed Courts
90. Applications to prescribed Court
91. Extension of time for application
92. Hearing of application
93. Costs of applications
Division 5-Appeals from Compensation Tribunals and
Prescribed
Courts
94. Appeals from Compensation Tribunals and prescribed Courts
95. Appeal to Commonwealth Industrial Court
96. Exercise of jurisdiction of Commonwealth Industrial Court
PART VI-LIABILITIES ARISING OTHERWISE THAN UNDER THIS
ACT
97. Interpretation
98. Compensation not payable to certain persons entitled to receive
Repatriation benefits
98A. Certain persons may request cessation of compensation payments
99. Compensation payable where damages recoverable
100. Dependants not claiming compensation
101. Power of Commonwealth to request proceedings to be taken against
third party or to take such proceedings itself
102. Payment of damages by persons to Australia
103. Compensation not payable both under Act and under determination
PART VII-TRANSITIONAL
104. Application of Act to pre-existing injuries and diseases
105. Payments under previous Acts
106. Notices, claims, &c., under previous Acts
107. Determinations under previous Acts
108. Moneys and investments held under repealed Acts
PART VIII (sections 109-114) (Repealed)
PART IX-MISCELLANEOUS
115. Jurisdiction of courts with respect to extra-territorial offences
116. Moneys paid to Commissioner for benefit of person
117. Provisions applicable on death of beneficiary
118. Assignment, set-off or attachment of compensation
119. Recovery of overpayments
119A. Deduction of overpayments of Repatriation pensions
120. Compensation payable to locally engaged overseas employees
121. Double benefits
122. Annual report
123. Regulations
THE SCHEDULES
FIRST SCHEDULE
Acts repealed
SECOND SCHEDULE
Oath and Affirmation
THIRD SCHEDULE
Oath and Affirmation
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - PREAMBLE
SECT
COMPENSATION (AUSTRALIAN
GOVERNMENT EMPLOYEES) ACT 1971-1973
See also the Compensation (Commonwealth Employees) Act 1972 following.
An Act to make provision for Compensation in respect of Employees of the
Commonwealth and certain other Persons by reason of Injury or Disease, or Loss
or Destruction of, or Damage to, certain Property, occurring in Circumstances
connected with their Employment.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 1.
Short title.
SECT
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Compensation (Australian Government
Employees) Act 1971-1973.*
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 2.
Commencement.
SECT
2.* (1) Sections 1 and 2 of this Act, Part II, Division 2 of Part V, Part
VIII and sub-section (3) of section 123 of this Act shall come into operation
on the day on which this Act receives the Royal Assent.
Amended by No. 216, 1973, s. 3.
(2) The remaining provisions of this Act shall come into operation on a date
to be fixed by Proclamation.
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 4.
Repeal.
SECT
4. (1) The Acts specified in the First Schedule to this Act are repealed.
(2) Notwithstanding section 8 of the Acts Interpretation Act 1901-1966, the
Commonwealth is not liable, on or after the proclaimed date, to make any
payments under the Commonwealth Workmen's Compensation Act 1912 or the
Commonwealth Employees' Compensation Act 1930-1971 but section 8 of the Acts
Interpretation Act 1901-1966 otherwise applies in relation to the repeals
effected by the last preceding sub-section to the extent to which its
application would not be inconsistent with the operation of any provision of
this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 5.
Interpretation.
SECT
Sub-section (1) amended by No. 122, 1972, s. 4; and No. 216, 1973, s. 3.
5. (1) In this Act, unless the contrary intention appears-
''adoption'' means adoption in pursuance of the law of a State or Territory
or of a country other than Australia;
''child in relation to whom this Act applies'' means-
(a) a person under the age of sixteen years; or
(b) a person who-
(i) has attained the age of sixteen years but is under the age of
twenty-one years;
(ii) is receiving full time education at a school, college or
university; and
(iii) is not ordinarily in employment or engaged in work on his own
account;
''Compensation Tribunal'' means a Commonwealth Employees' Compensation
Tribunal established under section 64 of this Act;
''dependant'', in relation to a deceased employee, means-
(a) the spouse, father, mother, step-father, step-mother, mother-in-law,
grandfather, grandmother, son, daughter, step-son, step-daughter, grandson,
granddaughter, brother, sister, half-brother or half-sister of the employee;
(b) a person in relation to whom the employee stood in loco parentis or
who stood in loco parentis to the employee; or
(c) a woman who, throughout the period of three years immediately before
the date of the death of the employee, although not legally married to him,
lived with him as his wife on a permanent and bona fide domestic basis,
being a person who was wholly or partly dependent upon the employee at the
date of the death of the employee;
''dependent'' means dependent for economic support;
''disease'' includes any physical or mental ailment, disorder, defect or
morbid condition, whether of sudden onset or gradual development;
''employee'' means a person to and in relation to whom this Act applies by
virtue of section 7 of this Act;
''injury'' means any physical or mental injury and includes the aggravation,
acceleration or recurrence of any physical or mental injury but, subject to
section 29 of this Act, does not include a disease or the aggravation,
acceleration or recurrence of a disease;
''Judge'' includes-
(a) an Acting Judge;
(b) a person appointed to judicial office and having the rank and style
of Judge; and
(c) a person appointed to acting judicial office and having the rank and
style of Acting Judge;
''loss'', in relation to an artificial limb or other artificial substitute,
or a medical, surgical or other similar aid or appliance, used by an employee,
includes destruction;
''medical treatment'' means-
(a) medical or surgical treatment by, or under the supervision of, a
legally qualified medical practitioner;
(b) therapeutic treatment obtained at the direction of a legally
qualified medical practitioner;
(c) dental treatment by, or under the supervision of, a legally
qualified dentist;
(d) therapeutic treatment by, or under the supervision of, a
physiotherapist or masseur registered under the law of a State or Territory
providing for the registration of physiotherapists or masseurs, as the case
may be;
(e) an examination, test or analysis carried out on, or in relation to,
an employee at the request or direction of a legally qualified medical
practitioner or legally qualified dentist and the provision of a report in
respect of such an examination, test or analysis;
(f) the supply, replacement or repair of an artificial limb or other
artificial substitute or of a medical, surgical or other similar aid or
appliance;
(g) treatment and maintenance as a patient at a hospital;
(h) nursing attendance, and the provision of medicines, medical and
surgical supplies and curative apparatus, whether in a hospital or otherwise;
or
(j) treatment provided or arranged by the Director-General of Social
Services in pursuance of Part VIII of the Social Services Act 1947-1971 and
maintenance while receiving such treatment;
''overtime'' includes-
(a) any duty on shifts or on Saturdays, Sundays or other holidays; and
(b) excess travelling time;
''permanent'' means likely to continue indefinitely;
''prescribed authority of the Commonwealth'' means-
(a) a body corporate that is incorporated for a public purpose by a law
of the Commonwealth other than such a body corporate that is declared by the
regulations to be a body corporate in relation to which this Act does not
apply; and
(b) a body corporate that is incorporated for a public purpose by a law
of a Territory and is declared by the regulations to be a body corporate in
relation to which this Act applies;
''prescribed Court'' means-
(a) the Workers' Compensation Commission of New South Wales;
(b) the Industrial Court of South Australia;
(c) a court of a State (other than New South Wales or South Australia)
or of a Territory, being a court that has limited civil jurisdiction in
personal actions and can be constituted only by a Judge;
(d) a court that has limited civil jurisdiction in personal actions and
can be constituted only by a Judge or a stipendiary magistrate, being a court
of a State (other than New South Wales or South Australia) or of a Territory
in which there is no court of a kind referred to in the last preceding
paragraph; or
(e) any other court that has limited civil jurisdiction in personal
actions, being a court of a State (other than New South Wales or South
Australia) or of a Territory in which there is no court of a kind referred to
in either of the last two preceding paragraphs;
''separate living accommodation'', in relation to an employee, means living
accommodation provided for the exclusive use of the employee, or of the
employee and his family, being accommodation that includes cooking, bathing
and sanitary facilities;
''spouse'', in relation to an aboriginal native, or a deceased aboriginal
native, of Australia or of an external Territory, includes a person who is or
was recognized as the husband or wife of that aboriginal native by the custom
prevailing in the tribe or group of aboriginal natives of Australia or of such
a Territory to which that aboriginal native belongs or belonged;
''the Clerk'', in relation to a Compensation Tribunal, means the Clerk of
that Compensation Tribunal, and includes a Deputy Clerk of that Compensation
Tribunal;
''the Commissioner'' means-
(a) subject to the next succeeding paragraph, the person holding office
as the Commissioner for Employees' Compensation, including a person appointed
to act as the Commissioner for Employees' Compensation; and
(b) in relation to the receipt, holding or payment of, or other dealing
with, moneys or the acquisition, holding or disposal of other property-the
corporation established by section 9 of this Act;
''the proclaimed date'' means the date fixed by Proclamation under
sub-section (2) of section 2 of this Act;
''therapeutic treatment'' includes an examination, test or analysis for the
purpose of diagnosing, or treatment for the purpose of alleviating, an
injury.
(2) For the purposes of paragraph (a) of the definition of ''dependant'' in
the last preceding sub-section, relationships referred to in that paragraph
shall be taken to include illegitimate relationships and relationships by
adoption and relationships that are traced through illegitimate relationships
or relationships by adoption.
(3) For the purposes of this Act, a person shall be deemed to have been
wholly or partly dependent upon an employee at the date of the death of the
employee if the person would have been so dependent but for an incapacity of
the employee that resulted from an injury.
(4) For the purposes of this Act other than sub-section (5) of section 43, a
son or daughter of a deceased employee who was born alive after the death of
the employee shall be treated as if he or she had been born immediately before
the death of the employee and was wholly dependent upon the employee at the
date of his death.
(5) In ascertaining for the purposes of this Act whether a child is or was
dependent upon an employee, any amount of child endowment paid or payable in
respect of the child under Part VI of the Social Services Act 1947-1971 shall
not be taken into account.
(6) A reference in this Act to an injury to an employee shall, unless the
contrary intention appears, be read as a reference to an injury to the
employee in respect of which the Commonwealth is liable to pay compensation
under this Act.
(7) A reference to an employee in a provision of this Act that is applicable
to an employee at a time after the Commonwealth has incurred a liability in
relation to the employee under this Act shall, unless the contrary intention
appears, be read as including a reference to a person who has ceased to be an
employee.
(8) A reference in this Act to the institution of a proceeding under Part V
in respect of a determination shall be read as a reference to the making of a
request under paragraph (a) of sub-section (1) of section 63 of this Act in
respect of a matter or question to which the determination relates or to the
making of an application under paragraph (b) of sub-section (1) of that
section in respect of the determination.
(9) Where a Compensation Tribunal or a Court varies a determination, or sets
aside a determination and makes a determination in substitution for the
determination so set aside, the determination as so varied or the substituted
determination shall, for the purposes of this Act other than section 61 and
Part V, unless the contrary intention appears, be deemed to be a determination
of the Commissioner.
(10) In this Act, unless the contrary intention appears, a reference to a
loss to an employee includes a reference to an impairment of speech of the
employee referred to in sub-section (10) of section 39 of this Act.
(11) For the purposes of this Act-
(a) the death, or a disfigurement, incapacity or disablement, of an
employee, or a loss suffered by an employee, shall be taken to have resulted
from an injury to the employee, from a disease contracted by the employee or
from an aggravation, acceleration or recurrence of a disease suffered by the
employee if the injury, the disease or the aggravation, acceleration or
recurrence, as the case may be, contributed to the death, disfigurement,
incapacity, disablement or loss; and
(b) the loss of, or damage to, an artificial limb or other artificial
substitute, or a medical, surgical or other similar aid or appliance, used by
an employee shall be taken to have resulted from an accident if the accident
contributed to the loss or damage.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 6.
Application of Act.
SECT
Amended by No. 216, 1973, s. 3.
6. Subject to section 120 of this Act, this Act applies within and outside
Australia and extends to all the Territories.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 7.
Persons in relation to whom Act applies.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
7. (1) Subject to this section, this Act applies to and in relation to a
person who is employed by the Commonwealth or by a prescribed authority of the
Commonwealth whether he is so employed under a law of the Commonwealth or of a
Territory or under a contract of service or apprenticeship.
Amended by No. 216, 1973, s. 3.
(2) Without limiting by implication the generality of the last preceding
sub-section-
(a) a Commonwealth Police Officer or a member of the Police Force of a
Territory forming part of the Commonwealth;
(b) a member of the Defence Force; or
(c) a person (other than a person to whom the next succeeding sub-section
applies) who is the holder of or is acting in-
(i) an office that is established by a law of the Commonwealth other
than an office that is declared by the regulations to be an office in relation
to which this Act does not apply; or
(ii) an office that is established by a law of a Territory and is
declared by the regulations to be an office in relation to which this Act
applies,
shall, for the purposes of this Act, be deemed to be employed by the
Commonwealth, and his employment shall, for those purposes, be deemed to be
constituted by his performance of his duties as such a Commonwealth Police
Officer, member of the Police Force of a Territory or member of the Defence
Force or the duties of that office, as the case may be.
(3) A person who-
(a) constitutes, or is acting as the person constituting, a prescribed
authority of the Commonwealth; or
(b) is, or is acting as, a member of such an authority or is a deputy of
such a member,
shall, for the purposes of this Act, be deemed to be employed by that
authority, and his employment shall, for those purposes, be deemed to be
constituted by his performance of the duties of the authority, his duties as
such a member or person acting as such a member or his duties as such a
deputy, as the case may be.
(4) A person who is ordinarily engaged for employment at a pre- arranged
place at which employers engage persons for employment and whose last employer
under an engagement at that place was the Commonwealth or a prescribed
authority of the Commonwealth shall, for the purposes of this Act, be deemed
to be employed by the Commonwealth or that authority, as the case may be,
until he is next engaged under such an engagement, and his employment shall,
for those purposes, be deemed to be constituted by his attendance at that
place for the purpose of seeking such an engagement, but this sub-section does
not operate to render the Commonwealth liable to pay compensation in respect
of an injury to an employee sustained during an attendance to which this
sub-section applies if the injury was sustained by reason that he voluntarily
and unreasonably subjected himself to an abnormal risk of injury.
(5) The regulations may provide-
(a) that a person who is included in a prescribed class of persons, being a
class of persons who engage in activities or perform any acts at the request
or direction, for the benefit, or in pursuance of a requirement made by or
under a law, of the Commonwealth, or at the request or direction, or for the
benefit, of a prescribed authority of the Commonwealth, shall, for the
purposes of this Act, be deemed to be employed by the Commonwealth or by that
authority, as the case may be; and
(b) that the employment of the person shall, for those purposes, be deemed
to be constituted by the performance by the person of such acts, or of acts
included in such classes of acts, as are prescribed.
(6) For the purposes of the application of this Act in relation to a person
employed by a prescribed authority of the Commonwealth, references in this Act
to the Commonwealth shall be read as references to that authority.
Amended by No. 122, 1972, s. 5; and No. 216, 1973, s. 3.
(7) This Act does not apply to or in relation to-
(a) a member of the Parliament or a Minister of State;
(b) a person who is a Judge as defined by section 4 of the Judges' Pensions
Act 1968;
(c) an officer or employee of the Public Service of a Territory not forming
part of the Commonwealth; or
(d) a seaman to and in relation to whom the Seamen's Compensation Act
1911-1971 applies.
Amended by No. 105, 1973, s. 3.
(8) This Act does not apply in relation to service of a member of the
Defence Force in respect of which provision for the payment of pension is made
by the Repatriation Act 1920-1973 (other than Division 10 of Part III), the
Repatriation (Far East Strategic Reserve) Act 1956-1966, the Repatriation
(Special Overseas Service) Act 1962-1968, the Interim Forces Benefits Act
1947-1966 or the Native Members of the Forces Benefits Act 1957-1968.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 8.
Employment to include attendance at certain places.
SECT
8. (1) For the purposes of this Act, the employment of an employee by the
Commonwealth includes the attendance of the employee at a university, school
or other place of education, training or research-
(a) as a condition of his employment by the Commonwealth;
(b) at the request or direction of the Commonwealth; or
(c) with the approval of the Commonwealth,
other than an attendance to which paragraph (c) of this sub-section applies as
part of a full time course of study, training or research for the purposes of
which the employee has been granted leave of absence from his employment
without salary, wages or pay.
(2) For the purposes of this Act, the employment of an employee by the
Commonwealth includes the attendance of the employee at a place-
(a) in order to undergo an examination, or to obtain a medical certificate,
for the purposes of this Act;
(b) in connexion with the replacement or repair of an artificial limb or
other artificial substitute, or of a medical, surgical or other similar aid or
appliance, in respect of which compensation is payable under section 28 of
this Act;
(c) in order to receive medical treatment in respect of the cost of which
compensation is payable under section 37 of this Act;
(d) in order to undergo vocational training provided in pursuance of
section 38 of this Act;
(e) in order to receive compensation payable to him under this Act; or
(f) in order to receive any moneys that are due to him under the terms of
his employment and, in pursuance of the terms of his employment or any
agreement or arrangement between him and the Commonwealth, are available, or
are reasonably expected by him to be available, for collection by him at that
place.
Substituted by No. 122, 1972, s. 6.
(3) For the purposes of this Act other than section 32, the employment of an
employee by the Commonwealth includes the attendance of the employee at his
place of employment or, if his living accommodation is accommodation to which
sub-section (1), (2) or (3) of section 34 of this Act applies, at that
accommodation (other than a part of that place, or of that accommodation,
constituting separate living accommodation of the employee or another
employee) at any time during a period when he is not required to engage in his
employment, where the attendance is reasonably incidental to his employment.
(4) Without limiting by implication the generality of the last preceding
sub-section, the attendance of an employee at his place of employment shall be
taken, for the purposes of that sub-section, to be reasonably incidental to
his employment if-
(a) the attendance occurred during an ordinary recess in his employment;
(b) immediately before the commencement of the period of the attendance he
made a journey that is, by reason of section 33 of this Act, to be deemed for
the purposes of sub-section (1) of section 32 of this Act to have been a
journey to his employment; or
(c) immediately after the expiration of the period of the attendance he
made, or intended to make, a journey that, by reason of section 33 of this
Act, is to be, or would have been, deemed for the purposes of sub-section (1)
of section 32 of this Act to have been a journey from his employment.
Amended by No. 122, 1972, s. 6.
(5) For the purposes of this Act other than section 32, the employment of an
employee by the Commonwealth includes the attendance of the employee at any
place (other than a place constituting separate living accommodation of the
employee or another employee) from which, by the terms of his employment, he
is not at the time of the attendance at liberty to absent himself.
(6) This section does not operate to render the Commonwealth liable to pay
compensation in respect of an injury to an employee sustained during an
attendance to which this section applies if the injury was sustained by reason
that he voluntarily and unreasonably subjected himself to an abnormal risk of
injury.
(7) This section shall not be construed as limiting by implication the
generality of any other provision of this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 9.
Commissioner for Employees' Compensation.
SECT
PART II-COMMISSIONER FOR EMPLOYEES'
COMPENSATION
9. (1) For the purposes of this Act there shall be a Commissioner for
Employees' Compensation, who shall be appointed by the Governor-General.
(2) The Commissioner-
(a) is a corporation sole under the name of ''Commissioner for Employees'
Compensation'';
(b) has perpetual succession;
(c) shall have an official seal; and
(d) is capable, in his corporate name, of acquiring, holding and disposing
of real and personal property and of suing and being sued.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Commissioner affixed to a document and shall presume
that it was duly affixed.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 10.
Tenure of office.
SECT
10. (1) Subject to this Part, the Commissioner holds office for such period,
not exceeding seven years, as is specified in the instrument of his
appointment, but is eligible for re-appointment.
(2) A person who has attained the age of sixty-five years shall not be
appointed or re-appointed as the Commissioner, and a person shall not be
appointed or re-appointed as the Commissioner for a period that extends beyond
the date on which he will attain the age of sixty-five years.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 11.
Salary and allowances.
SECT
Sub-section (1) substituted by No.136, 1971, s. 3.
11.* (1) The Commissioner shall be paid salary at the rate of Fourteen
thousand seven hundred and twenty-seven dollars per year and such annual
allowance (if any) as the Parliament provides.
Amended by No. 136, 1971, s. 3.
(2) The Commissioner shall be paid such allowances other than annual
allowances as are prescribed.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 12.
Leave of absence.
SECT
12. The Minister may grant leave of absence to the Commissioner upon such
terms and conditions as to salary or otherwise as the Minister determines.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 13.
Dismissal.
SECT
13. The Governor-General may terminate the appointment of the Commissioner
for inefficiency, misbehaviour or physical or mental incapacity.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 14.
Resignation.
SECT
14. The Commissioner may resign his office by writing under his hand
delivered to the Governor-General but the resignation does not have effect
until it is accepted by the Governor-General.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 15.
Vacation of office.
SECT
15. (1) If the Commissioner-
(a) engages in paid employment outside the duties of his office without the
approval of the Minister;
(b) absents himself from duty for fourteen consecutive days, or for
twenty-eight days in any twelve months, without leave granted by the Minister;
or
(c) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit,
the Governor-General shall, by notice in the Gazette, terminate the
appointment of the Commissioner.
(2) The Minister shall not give an approval for the purposes of paragraph
(a) of the last preceding sub-section unless he is satisfied that the paid
employment will not interfere with the performance of the duties of the
Commissioner under this Act
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 16.
Rights of public servant appointed as Commissioner.
SECT
Amended by No. 216, 1973, s. 3.
16. If a person appointed to the office of Commissioner, was immediately
before his appointment, an officer of the Public Service of the Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as the
Commissioner shall be taken into account as if it were service in the Public
Service of the Commonwealth.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 17.
Application of Superannuation Act.
SECT
17. For the purposes of sub-sections (3A) and (4) of section 4 of the
Superannuation Act 1922-1971, the Commissioner shall be deemed to be required,
by the terms of his appointment, to give the whole of his time to the duties
of his office.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 18.
Oath or affirmation of allegiance and office.
SECT
18. (1) The Commissioner shall, before proceeding to discharge the duties of
his office, make an oath or affirmation in accordance with the form of oath or
affirmation in the Second Schedule to this Act.
(2) The oath or affirmation shall be made before a justice of the peace or a
commissioner for affidavits.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 19.
Acting Commissioner.
SECT
19. (1) Where the Commissioner is, or is expected to be, absent from duty,
or there is a vacancy in the office of Commissioner, the Governor-General may
appoint a person to act as the Commissioner during the absence or until the
filling of the vacancy, but a person so appointed by reason of a vacancy in
the office of Commissioner shall not act as the Commissioner for a continuous
period of more than twelve months.
(2) Where a person has been appointed to act as the Commissioner during an
absence from duty of the Commissioner and the Commissioner ceases to hold
office without having resumed duty, the period of appointment of the person so
appointed shall be deemed to continue until it is terminated by the
Governor-General, or until the expiration of twelve months from the date on
which the Commissioner ceases to hold office, whichever first happens.
(3) The Governor-General may at any time terminate an appointment under this
section.
(4) Sections 12, 14 and 18 of this Act apply in relation to a person
appointed under this section in like manner as they apply in relation to the
Commissioner.
(5) Subject to this section, the Governor-General may determine the terms
and conditions of an appointment under this section.
(6) A person appointed to act as the Commissioner has all the powers and
functions of the Commissioner under this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 20.
Function and powers of Commissioner.
SECT
20. (1) Subject to this Act, the function of the Commissioner under this Act
is to determine all matters and questions arising under this Act and the
Commissioner is empowered to do all things necessary for the carrying out of
that function.
(2) In determining any matter or question under this Act, the Commissioner-
(a) shall be guided by equity, good conscience and the substantial merits
of the case without regard to technicalities; and
(b) is not required to hold a formal or oral hearing and is not bound by
the rules of evidence but shall give to any person who will be directly
affected by the determination a fair opportunity of presenting his case.
(3) A determination by the Commissioner shall be in writing.
(4) Where a determination has been made under this Act-
(a) the Commissioner may, of his own motion, whether or not a proceeding
has been instituted or completed under Part V in respect of the determination,
reconsider the determination and may, if he thinks fit, make a determination
varying or revoking the first-mentioned determination; and
(b) the Commissioner shall, at the request of the Commonwealth or of the
claimant or, where there is more than one claimant whose claim was dealt with
by the determination, of any of the claimants, if a proceeding has not been
instituted under Part V in respect of the determination, reconsider the
determination and may, if he thinks fit, make a determination varying or
revoking the first-mentioned determination.
(5) Where-
(a) a proceeding has been instituted under Part V in respect of a
determination by the Commissioner;
(b) before the completion of the proceeding, the Commissioner makes, under
paragraph (a) of the last preceding sub-section, a determination varying or
revoking the first-mentioned determination; and
(c) the proceeding is rendered abortive by reason of the later
determination,
the Commonwealth is liable to reimburse the claimant, or, if there is more
than one claimant whose claim was dealt with by the determination, to
reimburse each of the claimants, for any costs reasonably incurred by him in
connexion with that proceeding.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 21.
Bank accounts.
SECT
21. (1) For the purposes of this Act, the Commissioner may open and maintain
an account or accounts, in Australia or elsewhere, with an approved bank or
approved banks and shall maintain at all times at least one such account.
(2) The Commissioner shall pay all moneys received by him into an account
referred to in this section, and sections 27 to 30 (inclusive) of the Audit
Act 1901-1969 do not apply in relation to those moneys.
(3) In this section, ''approved bank'' means the Reserve Bank of Australia
or a bank approved by the Treasurer for the purposes of this section.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 22.
Proper accounts to be kept.
SECT
22. (1) The Commissioner shall cause proper accounts and records to be kept,
in relation to moneys and investments held by him, and shall do all things
necessary to ensure that all payments out of moneys held by him are correctly
made and properly authorized and that adequate control is maintained over
moneys and investments held by him.
(2) The Commissioner shall, at least once in each year, submit the accounts
and records kept in accordance with the last preceding sub- section to the
Auditor-General for inspection and audit.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 23.
Audit.
SECT
23. (1) The Auditor-General shall inspect and audit the accounts and records
kept in accordance with the last preceding section and shall forthwith draw
the attention of the Minister to any irregularity disclosed by the inspection
and audit that is, in the opinion of the Auditor-General, of sufficient
importance to justify his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in the last preceding sub-section.
(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under sub-section
(1) of this section.
(4) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Commissioner relating directly or indirectly to the receipt
or payment of moneys by the Commissioner or to the acquisition, management or
disposal of investments by the Commissioner.
(5) The Auditor-General or an officer authorized by him may make copies of,
or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or an officer authorized by him may require any
person to furnish him with such information in the possession of the person or
to which the person has access as the Auditor-General or authorized officer
considers necessary for the purposes of the functions of the Auditor-General
under this Act, and the person shall comply with the requirement.
(7) A person who contravenes the last preceding sub-section is guilty of an
offence punishable, upon conviction, by a fine not exceeding Two hundred
dollars.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 24.
Delegation by Commissioner.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
24. (1) The Commissioner may, by instrument in writing, delegate to an
officer of, or a person employed by, the Commonwealth, a prescribed authority
of the Commonwealth or the Administration of a Territory, either generally or
otherwise as provided by the instrument of delegation, all or any of his
powers and functions under this Act, except this power of delegation.
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation and this Act has
effect in relation to the exercise of the power or the performance of the
function by the delegate as if a reference in this Act to the Commissioner
were a reference to the delegate.
(3) A delegation under this section is revocable in writing at will and does
not prevent the exercise of a power or the performance of a function by the
Commissioner.
(4) A person to whom a power or function has been delegated under this
section shall, before proceeding to exercise that power or perform that
function, make an oath or affirmation in accordance with the form of oath or
affirmation in the Third Schedule to this Act.
(5) The oath or affirmation shall be made before a justice of the peace or a
commissioner for affidavits.
(6) The Commissioner shall-
(a) cause a register to be kept for the purposes of this section; and
(b) cause to be entered in the register particulars of any delegation in
force under this section.
(7) The register kept in pursuance of the last preceding sub-section shall
be open to inspection by the public at the office of the Commissioner at any
reasonable time.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 25.
SECT
PART III-COMPENSATION
Average weekly earnings.
25. (1) For the purposes of this Part, the average weekly earnings of an
employee before an injury shall be calculated in accordance with this
section.
(2) A reference in the succeeding provisions of this section to earnings of
an employee in relation to any employment shall be read as including a
reference to any allowance payable to the employee in respect of that
employment other than an allowance that is intermittent or is payable in
respect of special expenses incurred or likely to be incurred by the employee
in respect of that employment.
(3) Where an employee was, at the date of the injury, employed by the
Commonwealth only in part time employment or in employment in respect of which
the employee was not paid, any earnings of the employee from any other
employment shall be treated for the purposes of this section as if they were
earnings of the employee from his employment by the Commonwealth.
(4) Subject to the succeeding provisions of this section, the average weekly
earnings of an employee before the injury shall be calculated in relation to
the period immediately preceding the date of the injury in which he was
continuously employed by the Commonwealth but any part of that period that was
earlier than twelve months before that date shall be disregarded.
Amended by No. 216, 1973, s. 3.
(5) Subject to the next succeeding sub-section, if, during the period
ascertained in accordance with the last preceding sub-section, the minimum
amount per week payable to the employee in respect of his employment by the
Commonwealth was varied as a result of the operation of a law of the
Commonwealth or of a State or Territory, or as a result of the making,
alteration or operation of an award, order, determination or industrial
agreement, or of the doing of any other act or thing, under such a law, so
much of that period as occurred before the variation took place or, if there
was more than one variation, before the last variation took place, shall be
disregarded for the purposes of the last preceding sub-section.
(6) Where-
(a) as a result of a variation in the minimum amount per week payable to
the employee in respect of his employment by the Commonwealth, a period that
occurred before the variation took place would, by reason of the last
preceding sub-section, be disregarded for the purposes of sub-section (4) of
this section; and
(b) if that period were so disregarded, it would be impracticable to
calculate the average weekly earnings of the employee before the injury in
accordance with sub-section (4) of this section, or the average weekly
earnings as so calculated would not fairly represent the rate per week at
which the employee was being remunerated in respect of that employment before
the injury,
that period shall not be so disregarded but the average weekly earnings of the
employee during that period shall be taken to be the amount that would have
been his average weekly earnings during that period if the variation had taken
effect at the commencement of that period.
(7) If, during any part of the period in relation to which the average
weekly earnings of the employee before the injury are required to be
calculated by virtue of the last three preceding sub-sections, the earnings of
the employee were reduced, or the employee did not receive any earnings, by
reason that he was absent from his employment owing to illness or otherwise,
that part of that period shall be disregarded for the purposes of sub-section
(4) of this section.
(8) Where, by reason of the shortness of the period during which the
employee has been employed by the Commonwealth, it is impracticable to
calculate the average weekly earnings of the employee before the injury in
accordance with the last four preceding sub-sections, or the average weekly
earnings as so calculated would not fairly represent the rate per week at
which the employee was being remunerated in respect of that employment before
the injury, the average weekly earnings, as calculated in accordance with the
preceding provisions of this section, from employment by the Commonwealth
before the date of the injury of an employee who was performing comparable
work shall be taken to be the average weekly earnings of the first-mentioned
employee before the injury.
(9) Subject to sub-section (11) of this section, if the minimum amount per
week payable to the employee in respect of the employment by the Commonwealth
in which he was engaged at the date of the injury would, if he had continued
in that employment, have been increased-
(a) upon the attainment by the employee of a particular age; or
(b) upon the completion by the employee of a particular period of service,
a reference in this Part to the average weekly earnings of the employee before
the injury shall be read as a reference to the amount that is, by virtue of
the preceding provisions of this section, to be taken to be the amount of
those average weekly earnings, increased by the same percentage as the
percentage by which that minimum amount would have been so increased if the
employee had continued in that employment.
(10) Subject to the next succeeding sub-section, where-
(a) the relevant employment of an employee is employment referred to in
sub-section (4) or sub-section (5) of section 7, or sub-section (2) of section
8, of this Act; and
(b) the employee is not in receipt of earnings from any other employment at
the date of the injury,
a reference in this Part to the average weekly earnings of the employee before
the injury shall be read as a reference to an amount determined by the
Commissioner to be the amount per week that the employee would have been able
to earn at the date of the injury (including any amount that he would have
been able to earn in respect of overtime) if he had engaged in suitable paid
employment.
Amended by No. 216, 1973, s. 3.
(11) If the minimum amount per week payable in respect of employees included
in a class of employees in which the employee was included at the date of the
injury is increased or reduced on or after that date as a result of the
operation of a law of the Commonwealth or of a State or Territory, or as a
result of the making, alteration or operation of an award, order,
determination or industrial agreement, or of the doing of any other act or
thing, under such a law, the amount that is, by virtue of the preceding
provisions of this section, to be taken to be the amount of the average weekly
earnings of the employee before the injury shall be increased or reduced by
the same percentage as the percentage by which that minimum amount was so
increased or reduced, as the case may be.
(12) In this section, ''earnings'' includes earnings in respect of
overtime.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 26.
Employee deemed to be totally incapacitated if employment for which he is
fitted is not available.
SECT
26. For the purposes of this Part, an employee shall be deemed to be totally
incapacitated for work if his incapacity is such that he is fitted only for
employment of a kind that is not commonly available and employment of that
kind is not reasonably available to him.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 27.
Compensation for personal injuries.
SECT
27. (1) If personal injury arising out of or in the course of the employment
of an employee by the Commonwealth is caused to the employee, the Commonwealth
is, subject to this Act, liable to pay compensation in respect of that injury
in accordance with this Act.
(2) If an injury to an employee is intentionally self-inflicted, the
Commonwealth is not liable under the last preceding sub-section to pay
compensation in respect of that injury.
(3) If an injury to an employee is not intentionally self-inflicted but is
attributable to his serious and wilful misconduct, the Commonwealth is not
liable under sub-section (1) of this section to pay compensation in respect of
that injury unless the injury results in the death or serious and permanent
disablement of the employee.
(4) An amount of compensation payable under a provision of this Act in
respect of an injury is, unless the contrary intention appears, in addition to
any amounts of compensation paid or payable under any other provision of this
Act in respect of that injury.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 28.
Compensation for damage to artificial limbs, &c.
SECT
28. (1) Subject to this section, if an employee is involved in an accident
arising both out of and in the course of the employment of the employee by the
Commonwealth and the accident does not cause personal injury to the employee
but results in the loss of, or damage to, an artificial limb or other
artificial substitute, or a medical, surgical or other similar aid or
appliance, used by the employee, the Commonwealth is liable to pay to the
employee compensation of an amount equal to the expenditure reasonably
incurred by the employee in the necessary replacement or repair of the
artificial limb or other artificial substitute or of the medical, surgical or
other similar aid or appliance, as the case may be.
(2) For the purposes of the last preceding sub-section, expenditure incurred
by an employee in the necessary replacement or repair of an artificial limb or
other artificial substitute or of a medical, surgical or other similar aid or
applicance shall be deemed to include any fees and charges paid or payable by
the employee to a legally qualified medical practitioner, a legally qualified
dentist or other qualified person for a consultation, examination,
prescription or other service reasonably rendered in connexion with the
replacement or repair.
(3) The Commonwealth is not liable to pay compensation under this section if
the loss or damage is attributable to the serious and wilful misconduct of the
employee.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 29.
Compensation in respect of death, loss, disfigurement or incapacity through
disease.
SECT
29. (1) Where-
(a) an employee contracts a disease or suffers an aggravation, acceleration
or recurrence of a disease; and
(b) any employment of the employee by the Commonwealth was a contributing
factor to the contraction of the disease or to the aggravation, acceleration
or recurrence, as the case may be, whether or not the disease was contracted
or the aggravation, acceleration or recurrence was suffered in the course of
that employment,
the succeeding provisions of this section have effect.
(2) If-
(a) the death of the employee;
(b) a loss to the employee of a kind referred to in section 39 or 40 of
this Act;
(c) facial disfigurement to the employee;
(d) a loss to the employee of the sense of taste or smell; or
(e) the total or partial incapacity for work of the employee,
results from the disease, or from the aggravation, acceleration or recurrence
of the disease, or the employee obtained medical treatment in relation to the
disease, or the aggravation, acceleration or recurrence or the disease, as the
case may be, then, for the purposes of this Act, unless the contrary intention
appears-
(f) the contraction of the disease, or the aggravation, acceleration or
recurrence, as the case may be, shall be deemed to be a personal injury to the
employee arising out of the employment of the employee by the Commonwealth;
and
(g) the date of the death, the date of the loss, the date of the
disfigurement, the date of the commencement of the incapacity or the date on
which the medical treatment was first obtained, whichever is the earlier,
shall be deemed to be the date of the injury.
(3) The last preceding sub-section does not apply in relation to a disease,
or an aggravation, acceleration or recurrence of a disease, if the employee
has at any time, for purposes connected with his employment or proposed
employment by the Commonwealth, made a wilful and false representation that he
did not suffer, or had not previously suffered, from that disease.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 30.
Certain diseases to be deemed to be contributed to by employment.
SECT
30. Without limiting by implication the operation of the last preceding
section, where-
(a) an employee has suffered or is suffering from a disease or the death of
an employee results from a disease;
(b) the disease is a disease of a kind specified in the regulations as a
disease that is related to employment of a kind so specified; and
(c) the employee was, at any time before symptoms of the disease first
became apparent, engaged by the Commonwealth in employment of that kind,
then, for the purposes of this Act, unless the contrary is established, the
employment in which the employee was so engaged by the Commonwealth shall be
deemed to have been a contributing factor to his contraction of the disease.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 31.
Provisions relating to diseases.
SECT
31. (1) Any employment in which an employee who has contracted a disease was
engaged by the Commonwealth at any time before symptoms of the disease first
became apparent shall, unless the contrary is established, be taken for the
purposes of this Act to have been a contributing factor to his contraction of
the disease if the incidence of that disease among persons who have engaged in
such employment is significantly greater than the incidence of that disease
among persons who have engaged in employment generally in the place where the
employee was ordinarily employed.
(2) Any employment in which an employee who has suffered an aggravation,
acceleration or recurrence of the disease was engaged by the Commonwealth at
any time before symptoms of the aggravation, acceleration or recurrence first
became apparent shall, unless the contrary is established, be taken for the
purposes of this Act to have been a contributing factor to the aggravation,
acceleration or recurrence if the incidence of the aggravation, acceleration
or recurrence of that disease among persons suffering from that disease who
have engaged in such employment is significantly greater than the incidence of
the aggravation, acceleration or recurrence of that disease among persons
suffering from that disease who have engaged in employment generally in the
place where the employee was ordinarily employed.
(3) The death of an employee shall be taken for the purposes of this Act to
have been contributed to by a disease or by an aggravation, acceleration or
recurrence of a disease, if, but for that disease, or that aggravation,
acceleration or recurrence, as the case may be, the death of the employee
would have occurred at a significantly later time.
(4) An incapacity for work or facial disfigurement of, or a loss suffered
by, an employee shall be taken for the purposes of this Act to have been
contributed to by a disease, or by an aggravation, acceleration or recurrence
of a disease, if, but for that disease, or that aggravation, acceleration or
recurrence, as the case may be-
(a) the incapacity, disfigurement or loss would not have occurred;
(b) the incapacity would have commenced, or the disfigurement or loss would
have occurred, at a significantly later time; or
(c) the extent of the incapacity, disfigurement or loss would have been
significantly less.
(5) This section shall not be construed as limiting by implication the
generality of the provisions of section 29 of this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 32.
Journey to or from employment.
SECT
32. (1) Subject to this section, this Act applies in relation to a journey
by an employee to his employment by the Commonwealth (irrespective of the
place at which the journey commenced) or in relation to a journey by an
employee from his employment by the Commonwealth (irrespective of the place at
which the journey is intended to end) as if the journey constituted part of
his employment by the Commonwealth.
(2) The next two succeeding sections shall not be construed as limiting by
implication the generality of the last preceding sub-section.
(3) Sub-section (1) of this section-
(a) does not apply, and shall not be deemed to apply, in relation to a
journey or a part of a journey by a route that is not reasonably direct having
regard to the means of transport used unless-
(i) the journey or that part of the journey was made by that route for
a reason connected with the employment of the employee by the Commonwealth;
or
(ii) in the circumstances of the particular case, the nature of the
risk of sustaining an injury, contracting a disease, suffering an aggravation,
acceleration or recurrence of a disease or suffering loss of, or damage to, an
artificial limb or other artificial substitute, or a medical, surgical or
other similar aid or appliance, used by the employee, as the case may be, was
not substantially changed, and the extent of that risk was not substantially
increased, by reason that the journey or that part of the journey was made by
that route; and
(b) does not apply, and shall not be deemed to apply, in relation to a part
of a journey made after a substantial interruption of the journey, being an
interruption made for a reason unconnected with the employment of the employee
by the Commonwealth, unless, in the circumstances of the particular case, the
nature of the risk referred to in sub-paragraph (ii) of the last preceding
paragraph was not substantially changed, and the extent of that risk was not
substantially increased, by reason of that interruption.
(4) Where, on a day on which an employee has engaged in his employment, the
employee makes a journey to or from his place of employment during an ordinary
recess in his employment, the journey shall, for the purposes of sub-section
(1) of this section, be deemed to be a journey to or from his employment by
the Commonwealth, as the case may be.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 33.
Journey to or from place of employment.
SECT
33. (1) Subject to this section and sections 35 and 36 of this Act, where an
employee (other than an employee to whom the next succeeding section applies)
makes a journey to or from his place of employment, then-
(a) in the case of a journey to that place of employment-if the journey
ended or would have ended during the period of one hour immediately before the
time when he commenced work or would have commenced work (in this section
called a ''prescribed period''), the journey shall be deemed, for the purposes
of sub-section (1) of the last preceding section, to have been a journey to
his employment by the Commonwealth; and
(b) in the case of a journey from that place of employment-if the journey
commenced during the period of one hour immediately after the time when he
ceased work (in this section called a ''prescribed period''), the journey
shall be deemed, for the purposes of sub-section (1) of the last preceding
section, to have been a journey from his employment by the Commonwealth.
(2) Where-
(a) an employee makes a journey in relation to which paragraph (a) of the
last preceding sub-section does not apply by reason only that the journey
ended or would have ended before the commencement of the prescribed period
referred to in that paragraph; and
(b) the journey was made by the last means of transport-
(i) that was conveniently available for use by the employee;
(ii) that would ordinarily have enabled the employee to complete the
journey before the time at which he intended to commence work; and
(iii) that was of a kind that the employee could, having regard to all
the circumstances of the case, have been reasonably expected to use,
the journey shall be deemed to be a journey in relation to which that
paragraph applies but, in that case, that paragraph does not apply in relation
to any later journey by the employee that ended or would have ended during
that period.
(3) Where-
(a) an employee makes a journey in relation to which paragraph (b) of
sub-section (1) of this section does not apply by reason only that the journey
commenced after the expiration of the prescribed period referred to in that
paragraph;
(b) the journey was made by the first means of transport-
(i) that was conveniently available for use by the employee;
(ii) that would ordinarily have enabled the employee to commence the
journey after the time when he ceased work; and
(iii) that was of a kind that the employee could, having regard to all
the circumstances of the case, have been reasonably expected to use; and
(c) the employee did not make an earlier journey from his place of
employment after the commencement of that period,
the first-mentioned journey shall be deemed to be a journey in relation to
which that paragraph applies.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 34.
Journey to or from living accommodation or to or from place of employment
within which living accommodation is situated.
SECT
34. (1) Subject to sub-sections (4) and (5) of this section and the next two
succeeding sections, where an employee (other than an employee to whom either
of the next two succeeding sub-sections applies) who is, as an incident of his
employment and without charge to him, provided temporarily with living
accommodation or receives an allowance in respect of his employment as
compensation for temporarily providing his own living accommodation makes a
journey to that living accommodation (other than a journey that is, for the
purposes of sub-section (1) of section 32 of this Act, a journey from his
employment) or makes a journey from that living accommodation (other than a
journey that is, for the purposes of sub-section (1) of section 32 of this
Act, a journey to his employment) during a period during which he is not
required for work, then-
(a) in the case of a journey to that living accommodation-if the journey
ended or would have ended during the period that commenced at eight o'clock in
the evening of the day immediately preceding the day when he was next required
for work and ended at the time when he was next required for work (in this
section called a ''prescribed period''), the journey shall be deemed, for the
purposes of sub-section (1) of section 32 of this Act, to have been a journey
to his employment by the Commonwealth; and
(b) in the case of a journey from that living accommodation-if the journey
commenced during the period that commenced when he last ceased to be required
for work and ended at nine o'clock in the morning of the day immediately
following the day on which he last ceased to be required for work (in this
section called a ''prescribed period''), the journey shall be deemed, for the
purposes of sub-section (1) of section 32 of this Act, to have been a journey
from his employment by the Commonwealth.
(2) Subject to sub-sections (4) and (5) of this section and the next two
succeeding sections, where an employee who is, as an incident of his
employment, provided with living accommodation situated within his place of
employment and by the terms of his employment is not, or may not be, at
certain times at liberty to absent himself from his place of employment makes
a journey to or from his place of employment during a period during which he
is at liberty to absent himself from his place of employment (in this
sub-section called ''the period of liberty''), then-
(a) in the case of a journey to that place of employment-if the journey
ended or would have ended during the period (in this section called a
''prescribed period'') that commenced at eight o'clock in the evening of the
day immediately preceding the day on which the period of liberty ended and
ended at the expiration of the period of liberty, the journey shall be deemed,
for the purposes of sub-section (1) of section 32 of this Act, to have been a
journey to his employment by the Commonwealth; and
(b) in the case of a journey from that place of employment-if the journey
commenced during the period (in this section called a ''prescribed period'')
that commenced at the commencement of the period of liberty and ended at nine
o'clock in the morning of the day immediately following the day on which the
period of liberty commenced, the journey shall be deemed, for the purposes of
sub-section (1) of section 32 of this Act, to have been a journey from his
employment by the Commonwealth.
(3) Subject to sub-sections (4) and (5) of this section and the next two
succeeding sections, where an employee who-
(a) is, as an incident of his employment, provided with living
accommodation situated outside his place of employment; and
(b) by the terms of his employment-
(i) is required to reside at that living accommodation; and
(ii) is not, or may not be, at certain times at liberty to absent
himself from that living accommodation,
makes a journey to that living accommodation (other than a journey that is,
for the purposes of sub-section (1) of section 32 of this Act, a journey from
his employment) or makes a journey from that living accommodation (other than
a journey that is, for the purposes of sub-section (1) of section 32 of this
Act, a journey to his employment) during a period during which he is at
liberty to absent himself from that living accommodation and from his
employment (in this sub-section called ''the period of liberty''), then-
(c) in the case of a journey to that living accommodation-if the journey
ended or would have ended during the period (in this section called a
''prescribed period'') that commenced at eight o'clock in the evening of the
day immediately preceding the day on which the period of liberty ended and
ended at the expiration of the period of liberty, the journey shall be deemed,
for the purposes of sub-section (1) of section 32 of this Act, to have been a
journey to his employment by the Commonwealth; and
(d) in the case of a journey from that living accommodation-if the journey
commenced during the period (in this section called a ''prescribed period'')
that commenced at the commencement of the period of liberty and ended at nine
o'clock in the morning of the day immediately following the day on which the
period of liberty commenced, the journey shall be deemed, for the purposes of
sub-section (1) of section 32 of this Act, to have been a journey from his
employment by the Commonwealth.
(4) Where-
(a) an employee makes a journey in relation to which paragraph (a) of
sub-section (1), paragraph (a) of sub-section (2) or paragraph (c) of
sub-section (3) of this section does not apply by reason only that the journey
ended or would have ended before the commencement of the prescribed period
referred to in that paragraph; and
(b) the journey was made by the last means of transport-
(i) that was conveniently available for use by the employee;
(ii) that would ordinarily have enabled the employee to complete the
journey before the commencement of that period; and
(iii) that was of a kind that the employee could, having regard to all
the circumstances of the case, have been reasonably expected to use,
the journey shall be deemed to be a journey in relation to which that
paragraph applies but, in that case, that paragraph does not apply in relation
to any later journey by the employee that ended or would have ended during
that period.
(5) Where-
(a) an employee makes a journey in relation to which paragraph (b) of
sub-section (1), paragraph (b) of sub-section (2) or paragraph (d) of
sub-section (3) of this section does not apply by reason only that the journey
commenced after the expiration of the prescribed period referred to in that
paragraph;
(b) the journey was made by the first means of transport-
(i) that was conveniently available for use by the employee;
(ii) that would ordinarily have enabled the employee to commence the
journey after the expiration of that period; and
(iii) that was of a kind that the employee could, having regard to all
the circumstances of the case, have been reasonably expected to use; and
(c) the employee did not make an earlier journey from his living
accommodation or place of employment, as the case may be, after the
commencement of that period,
the first-mentioned journey shall be deemed to be a journey in relation to
which that paragraph applies.
(6) A reference in this section to living accommodation does not include a
reference to separate living accommodation.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 35.
Certain journeys excluded from operation of sections 33 and 34.
SECT
35. (1) Where an employee has made two or more journeys each of which ended
or would have ended during the one period that is a prescribed period referred
to in paragraph (a) of sub-section (1) of section 33 of this Act, or paragraph
(a) of sub-section (1), paragraph (a) of sub-section (2) or paragraph (c) of
sub-section (3) of the last preceding section, that paragraph applies in
relation only to the first of those journeys.
(2) Where an employee has made two or more journeys each of which commenced
during the one period that is a prescribed period referred to in paragraph (b)
of sub-section (1) of section 33 of this Act, or paragraph (b) of sub-section
(1), paragraph (b) of sub-section (2) or paragraph (d) of sub-section (3) of
the last preceding section, that paragraph applies in relation only to the
first of those journeys.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 36.
Provisions relating to journeys.
SECT
36. (1) For the purposes of the last three preceding sections-
(a) a reference to a journey to a specified place is a reference to a
journey ending at that place irrespective of the place at which the journey
commenced;
(b) a reference to a journey from a specified place is a reference to a
journey commencing at that place irrespective of the place at which the
journey was intended to end; and
(c) a reference to work, in relation to an employee, includes a reference
to the performance of any act constituting part of the employment of the
employee.
(2) Where a person makes a journey for the purpose of taking up employment
with the Commonwealth, this Act applies in relation to that journey as if he
had become an employee at the commencement of that journey.
(3) Where a person who ceases to be an employee makes a journey upon the
termination of his employment by the Commonwealth, this Act applies in
relation to that journey as if he had not ceased to be an employee.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 37.
Compensation payable in respect of medical expenses, &c.
SECT
37. (1) Where an injury is caused to an employee, the Commonwealth is liable
to pay, in respect of the cost of medical treatment obtained in relation to
the injury, being treatment that it was reasonable in the circumstances for
the employee to obtain, compensation of such amount as is appropriate to that
medical treatment having regard to the charges customarily made for similar
medical treatment in the place where that treatment is obtained.
(2) For the purposes of the last preceding sub-section, the cost of medical
treatment shall, in the case of medical treatment being the supply,
replacement or repair of an artificial limb or other artificial substitute or
of a medical, surgical or other similar aid or appliance, be deemed to include
any fees and charges paid or payable by the employee to a legally qualified
medical practitioner, a legally qualified dentist or other qualified person
for a consultation, examination, prescription or other service reasonably
rendered in connexion with the treatment.
Amended by No. 122, 1972, s. 12.
(3) Where an injury is caused to an employee, the Commonwealth is liable to
pay compensation of such amount as is reasonable in respect of the cost,
payable by the employee, of an alteration to a building occupied, or vehicle
or article used, by him, or of obtaining any aid or appliance (other than an
aid or appliance referred to in the last preceding sub-section) for use by him
or of having such an aid or appliance repaired or replaced, being an
alteration the making of which, or an aid or appliance the obtaining of which,
was reasonably required as a result of the injury, but so that the total
amount of compensation payable under this sub-section in respect of the one
injury does not exceed Three hundred and fifty dollars.
(4) For the purposes of the last preceding sub-section, two or more injuries
to an employee that are sustained at the same time shall be treated as one
injury.
(5) An amount of compensation payable by the Commonwealth under sub-section
(1) or sub-section (3) of this section is payable-
(a) to, or in accordance with the directions of, the employee;
(b) if the employee dies before the compensation is paid without having
paid the cost referred to in that sub-section and another person, not being
the legal personal representative of the employee, has paid that cost-to that
other person; or
(c) if that cost has not been paid and the employee, or, if he has died,
his legal personal representative, is unable, or refuses or fails, to make a
claim under section 54 of this Act for the compensation-to the person to whom
that cost is payable.
(6) Where a person is liable to pay the cost of any medical treatment
referred to in sub-section (1) of this section or the cost of making an
alteration or obtaining an aid or appliance referred to in sub-section (3) of
this section or having such an aid or appliance repaired or replaced, any
amount paid under the last preceding sub-section to the person to whom that
cost is payable is, to the extent of the payment, a discharge of the liability
of the first-mentioned person.
(7) Where compensation in respect of the cost of medical treatment is
payable by the Commonwealth under this section, the Commonwealth is liable to
pay compensation to the employee of an amount equal to the amount of the
expenditure reasonably incurred by the employee in making a necessary journey
in connexion with the obtaining of that medical treatment or in remaining, for
the purpose of obtaining that medical treatment, at a place to which he has
made a journey for that purpose.
(8) The matters to which the Commissioner is to have regard in deciding
questions arising under the last preceding sub-section include-
(a) the places at which appropriate medical treatment was available for the
employee;
(b) the means of transport available for the journey of the employee;
(c) the route or routes by which the employee could have travelled; and
(d) the accommodation available to the employee.
(9) Where-
(a) an injury is caused to an employee;
(b) a person has reasonably incurred expenditure in connexion with the
transportation of the employee, or, if he has died, of his body, from the
place where the injury was sustained to a hospital or similar place, or to a
morgue or mortuary; and
(c) the employee, or, if he has died, his legal personal representative, is
unable, or refuses or fails, to make a claim under section 54 of this Act for
compensation in respect of that expenditure, the Commonwealth is liable to pay
compensation to the person who incurred the expenditure of an amount equal to
the amount of that expenditure.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 38.
Provision of vocational training.
SECT
38. (1) Subject to this section, where an injury is caused to an employee,
and total or partial incapacity for work of the employee results from the
injury, the Commissioner may make arrangements with the Director-General of
Social Services for the provision of vocational training for the employee in
accordance with Part VIII of the Social Services Act 1947-1971.
(2) This section does not apply in relation to-
(a) a person referred to in paragraph (a) of sub-section (1) of section 135
of the Social Services Act 1947-1971; or
(b) a person who, if he were a person referred to in that paragraph, would
not be eligible to receive vocational training under Part VIII of that Act by
reason of sub-section (2) of section 135A of that Act.
(3) Part VIII of the Social Services Act 1947-1971 applies, so far as it is
capable of application, in relation to a person who is receiving vocational
training in pursuance of this section as if he were a person referred to in
paragraph (a) of sub-section (1) of section 135 of that Act but he is not
entitled to receive a rehabilitation allowance under section 135D of that
Act.
(4) The cost of any vocational training provided under this section shall be
paid by the Commonwealth.
(5) Where an employee is receiving vocational training in pursuance of this
section, compensation is not payable to him under section 45, 46, 47 or 50 of
this Act but-
(a) if he is receiving full time training-compensation is payable to him of
an amount per week equal to the amount per week of the compensation that would
be payable to him under section 45 of this Act if the total incapacity
referred to in sub-section (1) of this section had continued throughout the
period of the training; or
(b) if he is receiving part time training-compensation is payable to him of
such amount per week as the Commissioner determines but the amount so
determined shall not be less than the amount per week of the compensation
that, apart from this sub-section but disregarding section 48 of this Act,
would be payable to him under this Act and shall not be greater than the
amount per week of the compensation that would be payable to him under the
last preceding paragraph if he were receiving full time training.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 39.
Compensation payable in respect of certain losses.
SECT
Sub-section (1) amended by No. 122, 1972, s. 12.
39. (1) Subject to this section, where an injury to an employee results in a
loss specified in the next succeeding sub-section, the compensation payable in
respect of that injury is Fourteen thousand five hundred dollars, and that
compensation is payable to the employee.
(2) The losses referred to in the last preceding sub-section are as
follows:-
(a) loss of, or total loss of sight of, both eyes; and
(b) loss of, or total loss of sight of, a useful eye, the other being blind
or absent.
Amended by No. 122, 1972, s. 12.
(3) Subject to this section, where an injury to an employee, not being an
injury resulting in a loss in relation to which sub-section (1) of this
section applies, results in a loss specified in the next succeeding
sub-section, the compensation payable in respect of that injury is an amount
equal to such percentage of Fourteen thousand five hundred dollars as is
specified in the next succeeding sub-section in relation to that loss, and
that compensation is payable to the employee.
(4) The losses and percentages referred to in the last preceding subsection
are the losses and percentages set out in the following table:-
------------------------------------------------------------------------------
--
Nature of Loss
Percentage
------------------------------------------------------------------------------
-- Loss of, or total loss of sight of, an eye . . . . . . . . . . . . . 40
Total loss of hearing . . . . . . . . . . . . . . . . . . . . . . . 70
Total loss of power of speech . . . . . . . . . . . . . . . . . . . 70
Loss of arm at or above elbow . . . . . . . . . . . . . . . . . . . 80
Loss of arm below elbow, loss of hand or loss of thumb and four fingers of the
one hand . . . . . . . . . . . . . . . . . . . . . . 70 Loss of thumb . .
. . . . . . . . . . . . . . . . . . . . . . . . . 30 Loss of forefinger .
. . . . . . . . . . . . . . . . . . . . . . . . 20 Loss of middle finger
. . . . . . . . . . . . . . . . . . . . . . . 16 Loss of ring finger . .
. . . . . . . . . . . . . . . . . . . . . . 14 Loss of little finger . .
. . . . . . . . . . . . . . . . . . . . . 13 Total loss of movement of
joint of thumb . . . . . . . . . . . . . . 14 Loss of distal phalanx or
joint of thumb . . . . . . . . . . . . . . 16 Loss of portion of terminal
segment of thumb involving one-third of its flexor surface without loss of
distal phalanx or joint . . . . . 14 Loss of two phalanges or joints of
forefinger . . . . . . . . . . . 12 Loss of two phalanges or joints of middle
or ring finger . . . . . . 11 Loss of two phalanges or joints of little
finger . . . . . . . . . . 10 Loss of distal phalanx or joint of
forefinger . . . . . . . . . . . 10 Loss of distal phalanx or joint of
other finger . . . . . . . . . . 8 Loss of leg at or above knee . . . .
. . . . . . . . . . . . . . . . 75 Loss of leg below knee . . . . . . . .
. . . . . . . . . . . . . . . 65 Loss of foot . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 60 Loss of great toe . . . . . . . . . . . .
. . . . . . . . . . . . . 20 Loss of any other toe . . . . . . . . . . .
. . . . . . . . . . . . 8 Loss of two phalanges or joints of any other
toe . . . . . . . . . . 7 Loss of phalanx or joint of great toe . . . .
. . . . . . . . . . . 10 Loss of phalanx or joint of any other toe . . .
. . . . . . . . . . 6
------------------------------------------------------------------------------
--
(5) If the one injury results in loss of, or total loss of sight of, one
eye, and partial loss of sight of the other eye, by an employee, the last
preceding sub-section has effect in relation to the first-mentioned eye as if
the reference in that sub-section to forty per centum were a reference to
fifty per centum.
(6) The compensation payable under this Act in respect of an injury
resulting in partial loss of sight of an eye by an employee is such percentage
of the amount of compensation that would be payable under this section in
respect of an injury resulting in total loss of sight of that eye as is the
percentage by which the injury to the employee resulted in the sight of that
eye immediately before the injury being reduced.
Amended by No. 122, 1972, s. 12.
(7) For the purposes of the application of the last preceding sub-section,
if the injury resulting in partial loss of sight of an eye by an employee also
resulted in loss of the other eye or total or partial loss of sight of the
other eye, the amount of compensation that would be payable under this section
in respect of an injury resulting in total loss of sight of the
first-mentioned eye shall be taken to be Seven thousand two hundred and fifty
dollars.
(8) For the purposes of sub-sections (5) and (7) of this section, two or
more injuries to an employee that are sustained at the same time shall be
treated as one injury.
(9) The compensation payable under this Act in respect of an injury
resulting in partial loss of hearing by an employee is such percentage of the
amount of compensation that would be payable under this section in respect of
an injury resulting in total loss of hearing by the employee as is the
percentage by which the injury resulted in the hearing of the employee
immediately before the injury being reduced.
(10) The compensation payable under this Act in respect of an injury
resulting in an impairment of speech of an employee is such percentage of the
amount of compensation that would be payable under this section in respect of
an injury resulting in total loss of power of speech by the employee as is
reasonable having regard to the extent to which the speech of the employee
immediately before the injury was impaired by the injury.
Amended by No. 122, 1972, s. 7.
(11) The compensation payable under this Act in respect of an injury
resulting in partial loss by an employee of the efficient use of a part of the
body specified in sub-section (4) of this section or of the efficient use of
such a part of the body for the purposes of the employment of the employee
immediately before the injury, not being a loss referred to in sub-section
(6), (7), (9) or (10) of this section, is such percentage of the amount of
compensation that would be payable under sub-section (3) of this section in
respect of an injury resulting in the loss by the employee of that part of the
body as is-
(a) the percentage by which the injury resulted in the efficient use,
immediately before the injury, of that part of the body being reduced; or
(b) the percentage by which the injury resulted in the efficient use,
immediately before the injury, of that part of the body for the purposes of
the employment of the employee immediately before the injury being reduced,
whichever is the greater percentage.
(12) A reference in this section to the loss by an employee of a specified
part of the body shall be read as including a reference to-
(a) the total loss of the efficient use of that part of the body; and
(b) the total loss of the efficient use of that part of the body for the
purposes of his employment immediately before the injury that resulted in the
loss.
(13) This section does not apply in relation to an injury resulting in a
loss where that injury or another injury sustained at the same time results in
the death of the employee.
(14) An amount of compensation referred to in this section is not payable in
respect of an injury so long as the employee is, or is likely to become,
totally incapacitated for work where the incapacity for work results, or, if
it occurs, will result, in whole or in part from that injury.
(15) In this section, ''loss'' means a permanent loss.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 40.
Compensation payable in respect of loss of capacity to engage in sexual
intercourse.
SECT
Sub-section (1) amended by No. 122, 1972, s. 12.
40. (1) The compensation payable under this Act in respect of an injury that
results in the loss of the genitals or the total and permanent loss of the
capacity to engage in sexual intercourse is Seven thousand two hundred and
fifty dollars and is payable to the employee.
(2) This section does not apply in relation to an injury where that injury
or another injury sustained at the same time results in the death of the
employee within three months after the date of that injury or those injuries.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 41.
Compensation payable in respect of facial disfigurement.
SECT
Sub-section (1) amended by No. 122, 1972, s. 12.
41. (1) The compensation payable under this Act in respect of an injury that
results in severe and permanent facial disfigurement to an employee is such
amount, not exceeding Seven thousand two hundred and fifty dollars, as is
determined in accordance with this section, and that compensation is payable
to the employee.
(2) For the purposes of this section-
(a) facial disfigurement shall not be taken to be severe where, if the
employee underwent suitable medical treatment, the disfigurement would not be
severe; and
(b) facial disfigurement shall not be taken to be permanent where, if the
employee underwent suitable medical treatment, the disfigurement would be
removed.
(3) Where a claim is made for compensation in respect of an injury that
results in facial disfigurement to an employee, the Commissioner shall arrange
for the constitution of a medical board to examine the employee.
(4) A medical board for the purposes of this section shall be constituted in
accordance with section 57 of this Act except that, where practicable, the
medical referee nominated by the Commissioner, or if more than one medical
referee is nominated by the Commissioner, at least one of those medical
referees, shall be a specialist in plastic surgery.
(5) If the employee refuses or fails to submit himself for examination by
the medical board or in any way obstructs the examination, his right to
compensation under this section and his right to institute or continue any
proceedings under this Act in relation to compensation under this section are
suspended until the examination takes place.
Amended by No. 122, 1972, s. 12.
(6) The members of the medical board shall, in accordance with the next
succeeding sub-section, give to the Commissioner a certificate or
certificates, as prescribed-
(a) stating whether they are of the opinion that the injury resulted in
severe and permanent facial disfigurement to the employee; and
(b) if they are of that opinion-specifying the amount (not exceeding Seven
thousand two hundred and fifty dollars) of the compensation that, in their
opinion, should be paid in respect of that disfigurement.
(7) Any two or more of the members of the medical board who are of the same
opinion in relation to a matter referred to in paragraph (a) or paragraph (b)
of the last preceding sub-section shall give a joint certificate in relation
to that matter and any member of the medical board who is not of the same
opinion as the other member or other members of the medical board in relation
to such a matter shall give a separate certificate in relation to that
matter.
(8) Where a joint certificate is given by all the members of the medical
board, the certificate is final and-
(a) in the case of a certificate stating that, in the opinion of the
members of the medical board, the injury did not result in severe and
permanent facial disfigurement to the employee-the certificate is, for the
purposes of this Act, conclusive evidence that the injury did not result in
such a disfigurement; or
(b) in the case of a certificate stating that, in the opinion of the
members of the medical board, the injury resulted in severe and permanent
facial disfigurement to the employee-
(i) the certificate is, for the purposes of this Act, conclusive
evidence that the injury resulted in such a disfigurement; and
(ii) if the certificate specifies an amount as being, in the opinion of
the members of the board, the amount of the compensation that should be paid
in respect of that disfigurement-the compensation payable in respect of that
disfigurement is the amount so specified.
(9) If all the members of the medical board do not give a joint certificate
stating whether, in their opinion, the injury resulted in severe and permanent
facial disfigurement to the employee, the Commissioner, in determining whether
the injury resulted in such a disfigurement, shall have regard to the opinions
expressed in the certificates given by the members of the board.
(10) If the Commissioner determines that the injury resulted in severe and
permanent facial disfigurement to the employee but all the members of the
medical board do not give a joint certificate specifying an amount as being,
in their opinion, the amount of the compensation that should be paid in
respect of that disfigurement, the Commissioner, in determining the amount of
that compensation, shall have regard to the opinions (if any) expressed in the
certificates given by the members of the board.
(11) A document purporting to be a certificate referred to in this section
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
(12) Sub-sections (3) and (4) of section 58 of this Act apply in relation to
an examination required in pursuance of this section.
(13) Compensation is not payable under this section in relation to an injury
where that injury or another injury sustained at the same time results in the
death of the employee within three months after the date of that injury or
those injuries.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 42.
Compensation payable in respect of total loss of the sense of taste or smell.
SECT
Sub-section (1) amended by No. 122, 1972, s. 12.
42. (1) The compensation payable under this Act in respect of an injury that
results in the total and permanent loss of the sense of taste is One thousand
four hundred and fifty dollars, and that compensation is payable to the
employee.
Amended by No. 122, 1972, s. 12.
(2) The compensation payable under this Act in respect of an injury that
results in the total and permanent loss of the sense of smell is One thousand
four hundred and fifty dollars, and that compensation is payable to the
employee.
(3) Where a claim is made for compensation in respect of an injury that
results in loss of the sense of taste or smell, the Commissioner shall arrange
for the constitution of a medical board in accordance with section 57 of this
Act to examine the employee.
(4) If the employee refuses or fails to submit himself for examination by
the medical board or in any way obstructs the examination, his right to
institute and continue proceedings under this Act in relation to compensation
under this section are suspended until the examination takes place.
(5) The members of the medical board shall, in accordance with the next
succeeding sub-section, give to the Commissioner a certificate or
certificates, as prescribed, stating whether they are of the opinion that the
injury resulted in total and permanent loss of the sense of taste or smell by
the employee.
(6) Any two or more members of the medical board who are of the same opinion
in relation to the question whether the injury resulted in total and permanent
loss of the sense of taste or smell by the employee shall give a joint
certificate setting out their opinion and any member of the medical board who
is not of the same opinion as the other member or other members of the medical
board in relation to that question shall give a separate certificate setting
out his opinion.
(7) Where a joint certificate is given by all the members of the medical
board, the certificate is final and is, for the purposes of this Act,
conclusive evidence of the matters stated in the certificate.
(8) If all the members of the medical board do not give a joint certificate,
the Commissioner, in determining whether the injury resulted in total and
permanent loss of the sense of taste or smell by the employee, shall have
regard to the opinions expressed in the certificates given by the members of
the board.
(9) A document purporting to be a certificate referred to in this section
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
(10) Sub-sections (3) and (4) of section 58 of this Act apply in relation to
an examination required in pursuance of this section.
(11) Compensation is not payable under this section in relation to an injury
where that injury or another injury sustained at the same time results in the
death of the employee within three months after the date of that injury or
those injuries.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 43.
Compensation payable in respect of injuries resulting in death.
SECT
43. (1) Where an injury to an employee results in the death of the employee,
the succeeding provisions of this section have effect.
(2) Subject to this section and to sections 37 and 44 of this Act, if the
employee dies without leaving dependants, compensation is not payable in
respect of the injury.
Amended by No. 122, 1972, s. 12.
(3) If the employee dies leaving dependants who were, at the date of the
death of the employee, wholly dependent upon him, then-
(a) subject to this section and to sections 37 and 44 of this Act, the
compensation payable in respect of the injury is Fourteen thousand five
hundred dollars; and
(b) that compensation is payable to, or in accordance with the directions
of, the Commissioner for the benefit of those dependants and of any dependants
who were partly dependent upon the employee at that date.
Amended by No. 122, 1972, s. 12.
(4) If the employee dies without leaving dependants who were, at the date of
the death of the employee, wholly dependent upon him but leaving dependants
who were, at that date, partly dependent upon him, then-
(a) subject to this section and to sections 37 and 44 of this Act, the
compensation payable in respect of the injury is such amount, not exceeding
Fourteen thousand five hundred dollars, as the Commissioner determines should
be paid, taking into account any losses suffered by those dependants as a
result of the cessation of the earnings of the employee; and
(b) that compensation is payable to, or in accordance with the directions
of, the Commissioner for the benefit of those dependants.
(5) If-
(a) a child in relation to whom this Act applies was, at the date of the
injury or at the date of the death of the employee, wholly or mainly dependent
upon the employee;
(b) a child in relation to whom this Act applies, being a child of the
employee, was born after the death of the employee; or
(c) a child in relation to whom this Act applies would, if the employee had
not died, have been wholly or mainly dependent upon the employee,
compensation at the rate of Five dollars a week is payable to, or in
accordance with the directions of, the Commissioner for the benefit of that
child from the date of the death of the employee or the date of the birth of
the child, whichever is the later.
(6) Compensation under the last preceding sub-section in relation to a
child-
(a) is not payable in respect of-
(i) any period during which the child is not a child in relation to
whom this Act applies; and
(ii) in the case of a child referred to in paragraph (c) of that
sub-section-any period during which, if the employee had not died, the child
would not have been wholly or mainly dependent upon the employee; and
(b) ceases to be payable if the child marries or dies.
(7) Subject to the next succeeding sub-section, where-
(a) compensation under sub-section (5) of this section ceases to be payable
for the benefit of a child; and
(b) the total amount of compensation under that sub-section paid for the
benefit of that child is less than Five hundred dollars,
there is payable to, or in accordance with the directions of, the Commissioner
for the benefit of that child, or, if that child has died, there is payable to
such person as the Commissioner directs, an amount of compensation equal to
the difference between that total amount and Five hundred dollars.
(8) Where-
(a) compensation under sub-section (5) of this section ceases to be payable
for the benefit of a child by reason of paragraph (a) of sub-section (6) of
this section;
(b) an amount of compensation has been paid under the last preceding
sub-section by reason of the compensation under sub-section (5) of this
section so ceasing to be payable; and
(c) after the payment of that amount, further compensation becomes payable
for the benefit of that child under sub-section (5) of this section,
the amount paid under the last preceding sub-section shall be set off against
the further compensation.
(9) An amount of compensation paid or payable before the death of an
employee under this Act-
(a) is not affected by sub-section (2) of this section;
(b) shall not be deducted from the compensation payable under sub-section
(3) of this section; and
(c) shall not be taken into account in determining the compensation payable
under sub-section (4) of this section.
(10) Where an amount of compensation is payable under this section for the
benefit of two or more dependants of a deceased employee, the Commissioner
shall determine the shares of those dependants in that amount as he thinks fit
having regard to any losses suffered by those dependants as a result of the
cessation of the earnings of the employee.
(11) A reference in the preceding provisions of this section to a dependant
of a deceased employee shall be read as a reference to a dependant by or on
behalf of whom a claim for compensation is made.
(12) Where claims for compensation under this section are made by or on
behalf of two or more dependants of a deceased employee in respect of an
injury that resulted in the death of the employee, the Commissioner shall make
one determination in respect of those claims.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 44.
Compensation payable in respect of funeral expenses.
SECT
44. (1) Where an injury to an employee results in the death of the employee,
the Commonwealth is liable to pay compensation, in respect of the cost of the
funeral of the employee, to the person who paid the cost of the funeral, or,
if the cost of the funeral has not been paid, to the person who carried out
the funeral, of such amount, not exceeding Three hundred dollars, as is
reasonable having regard to the charges customarily made for funerals in the
place where the funeral was carried out and to any amount paid or payble in
respect of the cost of the funeral under any other law of the Commonwealth.
(2) Where a person is liable to pay the cost of the funeral of an employee,
any amount paid under the last preceding sub-section to the person who carried
out the funeral is, to the extent of the payment, a discharge of the liability
of the first-mentioned person.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 45.
Compensation payable in respect of injuries resulting in total incapacity.
SECT
45. (1) Where an injury to an employee results in the employee being totally
incapacitated for work, the succeeding provisions of this section have
effect.
Amended by No. 122, 1972, s. 12.
(2) Subject to this section, compensation is payable to the employee, during
the period of the incapacity, of an amount per week equal to-
(a) Forty-three dollars plus any amount or amounts required to be added to
that amount in accordance with the succeeding provisions of this section; or
(b) the average weekly earnings of the employee before the injury,
whichever is the less.
Inserted by No. 122, 1972, s. 8.
(2A) Notwithstanding the last preceding sub-section, but subject to the
succeeding provisions of this section, if the prescribed amount applicable to
the employee under the next succeeding sub-section in respect of a week, being
one of the first twenty-six weeks of the period, or of the aggregate of the
periods, of the incapacity, is greater than the amount of compensation that
would, but for this sub-section, be payable to him in respect of that week
under the last preceding sub-section (including sub-sections (3) and (4) of
this section, if applicable), the amount of compensation payable to him in
respect of that week is that prescribed amount.
Inserted by No. 122, 1972, s. 8.
(2B) For the purposes of the last preceding sub-section, the prescribed
amount applicable to an employee in respect of a week is-
(a) in the case of an employee who is, during that week, employed by the
Commonwealth under conditions of employment providing for sick leave
payments-an amount equal to the sum of-
(i) the sick leave payment that he would receive in respect of that
week if, during that week, he were entitled to, and were granted, sick leave
on full pay by reason of an illness that is not attributable to an injury in
relation to which this Act applies; and
(ii) the amount, if any, that was payable to the employee under the next
succeeding section in respect of the week that ended immediately before the
commencement of the period of the incapacity or, where there are two or more
periods of incapacity, the last of those periods;
(b) in the case of an employee who is not employed by the Commonwealth
during that week, but was, immediately before he ceased to be employed by the
Commonwealth, employed under conditions of employment providing for sick leave
payments-an amount equal to the amount that would be applicable to him under
the last preceding paragraph if he had continued in that employment; or
(c) in any other case-an amount determined by the Commissioner, having
regard to the following:-
(i) if the employee is, during that week, employed by the
Commonwealth-the amount of the earnings, if any, payable to him in respect of
that week in respect of that employment;
(ii) if the employee is not, during that week, employed by the
Commonwealth-the amount of the earnings, if any, that, if he had continued in
the employment in which he was engaged immediately before he ceased to be
employed by the Commonwealth, would have been payable to him in respect of
that week in respect of that employment; and
(iii) any other matter that the Commissioner considers to be relevant.
Inserted by No. 122, 1972, s. 8.
(2C) For the purposes of the last preceding sub-section-
(a) an employee who would be, or would have been, employed but for his
incapacity shall be taken to be employed, or to have been employed, as the
case may be;
(b) a reference to a sick leave payment is a reference to a payment by way
of salary, wages or pay in respect of a period during which the employee
concerned is absent from his employment by reason of illness; and
(c) a reference to earnings, in relation to an employee-
(i) includes a reference to the earnings that would be or would have
been, payable to the employee but for his incapacity; and
(ii) does not include a reference to a payment in respect of overtime or
a reference to an allowance that is intermittent or is payable in respect of
special expenses incurred or likely to be incurred by the employee in respect
of his employment.
Amended by No. 122, 1972, ss. 8 and 12.
(3) If there is a prescribed person who is, or there are prescribed persons
who are, wholly or mainly dependent upon the employee, there shall be added to
the amount specified in paragraph (a) of sub-section (2) of this section the
amount of Eleven dollars.
(4) If there is a child in relation to whom this Act applies (whether born
before, on or after the date of the injury) who is wholly or mainly dependent
upon the employee or there are children in relation to whom this Act applies
(whether born before, on or after the date of the injury) who are wholly or
mainly dependent upon the employee, there shall be added to the amount
specified in paragraph (a) of sub-section (2) of this section the amount of
Five dollars for that child or each of those children, but an amount shall not
be so added for a child in relation to any time before the date of the birth
of that child.
(5) If a child in relation to whom this Act applies is the only person who
is a prescribed person in relation to the employee, the last preceding
sub-section does not apply in relation to that child.
(6) If there are two or more persons who are prescribed persons in relation
to the employee and are wholly or mainly dependent upon the employee and each
of those persons is a child in relation to whom this Act applies, sub-section
(4) of this section does not apply in relation to one of those persons.
(7) If the employee-
(a) is retired from his employment as a result of the incapacity for work;
and
(b) as a result of the retirement is in receipt of a pension under the
Superannuation Act 1922-1971 or the Defence Forces Retirement Benefits Act
1948-1971 or a pension under a superannuation scheme established or maintained
by a prescribed authority of the Commonwealth,
the compensation payable to the employee in respect of each week during the
period of the incapacity shall not exceed the amount, if any, by which the
average weekly earnings of the employee before the injury exceed the part of
the pension paid or payable to the employee in respect of that week that is
not attributable to contributions for the pension paid by the employee.
(8) Where-
(a) as a result of the injury, the employee is being maintained as a
patient in a hospital, nursing home or similar place and has been so
maintained for a continuous period of not less than one year; and
(b) there are no prescribed persons, and no children in relation to whom
this applies, who are dependent upon the employee,
the compensation payable to the employee is such amount per week as is
determined by the Commissioner, having regard to the present and probable
future needs and expenses of the employee and the duration of the period
during which the employee is likely to be a patient in a hospital, nursing
home or similar place, but the amount so determined shall not be less than
one-half of, and shall not be greater than, the amount per week of the
compensation that, but for this sub-section, would be payable to the
employee.
(9) Subject to sections 47 and 50 of this Act, where a determination is made
that an amount of compensation is payable to the employee under section 39 of
this Act in respect of an injury that resulted in a loss referred to in that
section or a determination is made that the liability of the Commonwealth to
make further payments to the employee under section 46 of this Act in respect
of an injury is to be redeemed, compensation is not payable to the employee
under this section in respect of a period of incapacity for work resulting
from that injury, being a period occurring after the date of the making of the
determination.
(10) For the purposes of this section, ''prescribed person'', in relation to
an employee, means-
(a) the spouse of the employee;
(b) any of the following persons, being a person over the age of sixteen
years:-
(i) the father, mother, step-father, step-mother, mother-in-law,
grandfather, grandmother, son, daughter, step-son, step-daughter, grandson,
granddaughter, brother, sister, half-brother or half-sister of the employee;
(ii) a person who stands in loco parentis to the employee; or
(iii) a person, not being the spouse of the employee or a person
referred to in either of the last two preceding sub-paragraphs, who is wholly
or mainly maintained by the employee and has the care of a child in relation
to whom this Act applies being a child who is wholly or mainly dependent on
the employee; or
(c) in the case of a male employee, a woman who, throughout a period of
three years ending on or after the date of commencement of the incapacity of
the employee, although not legally married to him, lived with him as his wife
on a permanent and bona fide domestic basis.
(11) For the purposes of sub-paragraph (i) of paragraph (b) of the last
preceding sub-section, relationships referred to in that sub-paragraph shall
be taken to include illegitimate relationships and relationships by adoption
and relationships that are traced through illegitimate relationships or
relationships by adoption.
(12) For the purposes of sub-paragraph (iii) of paragraph (b) of sub-section
(10) of this section, a person who has the care of a child referred to in that
sub-paragraph shall not be taken not to be wholly or mainly maintained by an
employee by reason only that the employee pays any remuneration to the person
for caring for that child.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 46.
Compensation payable in respect of injuries resulting in partial incapacity.
SECT
46. (1) Where an injury to an employee results in the employee being
partially incapacitated for work, the succeeding provisions of this section
effect.
Amended by No. 122, 1972, ss. 9 and 12.
(2) Subject to this section, compensation is payable to the employee, during
the period of the incapacity, of an amount per week equal to-
(a) the lesser of the following amounts, namely-
(i) Forty-three dollars; or
(ii) the amount (if any) by which the average weekly earnings of the
employee before the injury exceeds from time to time the amount per week that
he is able to earn in some suitable employment or business; or
(b) the amount (if any) which the amount per week that would be payable to
him under the last preceding section, disregarding sub-sections (2A) and (7)
of that section, if he were totally incapacitated for work exceeds from time
to time the amount per week that he is able to earn in some suitable
employment or business,
whichever is the greater.
(3) If the employee-
(a) is retired from his employment as a result of the partial incapacity
for work; and
(b) as a result of the retirement is in receipt of a pension under the
Superannuation Act 1922-1971 or the Defence Forces Retirement Benefits Act
1948-1971 or a pension under a superannuation scheme established or maintained
by a prescribed authority of the Commonwealth,
the compensation payable to the employee in respect of each week during the
period of the incapacity shall not exceed the amount, if any, by which the
average weekly earnings of the employee before the injury exceed from time to
time the sum of-
(c) the amount per week that he is able to earn in some suitable employment
or business; and
(d) the part of the pension paid or payable to the employee in respect of
that week that is not attributable to contributions for the pension paid by
the employee.
(4) In ascertaining for the purposes of the last two preceding sub-sections
the amount per week that an employee is able to earn, any amount that he is
able to earn in respect of overtime shall be taken into account.
(5) Subject to the next succeeding section, where a determination is made
that an amount of compensation is payable to the employee under section 39 of
this Act in respect of an injury that caused a loss referred to in that
section or a determination is made that the liability of the Commonwealth to
make further payments to the employee under this section in respect of an
injury is to be redeemed, compensation is not payable to the employee under
this section in respect of a period of incapacity for work resulting from that
injury, being a period occurring after the date of the making of the
determination.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 47.
Incapacity while undergoing, or as a result of, medical treatment.
SECT
47. If, after the making of a determination that an amount of compensation
is payable to an employee under section 39 of this Act in respect of an injury
resulting in a loss referred to in that section, the employee undergoes
medical treatment in relation to that injury, being medical treatment in
relation to which sub-section (1) of section 37 of this Act applies-
(a) any incapacity of the employee for work resulting from that medical
treatment or occurring by reason that the employee is undergoing that medical
treatment shall, for the purposes of this Act, be deemed to have resulted from
that injury; and
(b) compensation is payable to the employee in respect of that incapacity
in accordance with section 45 or section 46 of this Act, as the case may be,
but sub-section (9) of section 45 or sub-section (5) of section 46 of this
Act, as the case may be, does not apply in relation to the period of that
incapacity.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 48.
Additional compensation payable where employee requires the constant help of
another person.
SECT
Sub-section (1) amended by No. 122, 1972, s. 12.
48. (1) Where as a result of an injury to an employee the employee
reasonably requires the constant help or attendance of another person,
compensation is payable to the employee, during any period when he requires
that help or attendance, at the rate of Nine dollars per week.
(2) Compensation is not payable under the last preceding sub- section in
respect of any period when the employee is being maintained as a patient in a
hospital, nursing home or similar place, or is receiving constant nursing
attention, and the cost of his maintenance in that hospital, nursing home or
other place or the cost of that nursing attention, as the case may be, is
being borne wholly by the Commonwealth.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 49.
Redemption of compensation payable in respect of partial incapacity.
SECT
49. (1) Subject to this section, where payments of compensation in respect
of an injury have been made to an employee under section 46 of this Act for a
continuous period of not less than six months, the employee may request the
Commissioner in writing that the liability of the Commonwealth to make further
payments to the employee under that section be redeemed by the payment to the
employee of a lump sum.
(2) A request under the last preceding sub-section shall be in writing and
shall specify the manner in which the employee intends to use the lump sum if
the request is granted.
(3) Where a request is made under sub-section (1) of this section, the
Commissioner shall, unless the employee has, by notice in writing to the
Commissioner, withdrawn the request, determine-
(a) whether the liability of the Commonwealth is to be redeemed by the
payment to the employee of a lump sum; and
(b) if he determines that the liability is to be so redeemed-the amount of
the lump sum.
(4) The amount of the lump sum is the amount determined to be the value, as
at the date of the determination by the Commissioner that the liability is to
be redeemed, of the right of the employee to receive further payments of
compensation under section 46 of this Act and, in the determination of the
value of that right, regard shall be had to the nature of the injury to the
employee, the age and occupation of the employee and any other relevant
matters.
(5) The Commissioner shall not make a determination that the liability of
the Commonwealth to make further payments to an employee under section 46 of
this Act is to be redeemed unless he is satisfied that-
(a) the injury is not likely to result in the employee becoming totally
incapacitated for work;
(b) the employee intends to use the lump sum in a manner that is
particularly advantageous to the employee; and
(c) in all the circumstances it is desirable in the interests of the
employee that the liability of the Commonwealth be redeemed.
(6) Where-
(a) the Commissioner has made, in pursuance of a request under sub-section
(1) of this section, a determination that the liability of the Commonwealth to
make further payments to an employee under section 46 of this Act is to be
redeemed by the payment to the employee of a lump sum;
(b) the employee has not instituted a proceeding under Part V in respect of
the determination or, if he has instituted such a proceeding, has discontinued
the proceeding; and
(c) the lump sum has not been paid to the employee in pursuance of the
determination,
the employee may notify the Commissioner in writing that he no longer wishes
the liability to be redeemed and, in that case, the determination shall be
deemed not to have been made and a further determination shall not be made in
respect of that request.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 50.
Recurrent payments after payment of lump sum.
SECT
50. (1) Where-
(a) an injury in respect of which a lump sum was paid to an employee in
pursuance of section 39 or section 49 of this Act results in the employee, at
any time after the payment of that lump sum, being totally incapacitated for
work; and
(b) the incapacity is likely to continue indefinitely,
compensation is payable to the employee in accordance with this section during
the period of the total incapacity.
Amended by No. 122, 1972, s. 10.
(2) The compensation is-
(a) an amount per week equal to the amount per week that would by payable
to the employee under a provision of this Act, other than sub-section (2A) of
section 45, during the period of that incapacity if the lump sum had not been
paid, less an amount (if
any) ascertained in accordance with the formula a-b
----
52c , where-
a is the lump sum that was paid to the employee;
b is the sum of the amounts that would, but for the payment to the
employee of that lump sum, have been paid to the employee under section 46 of
this Act in respect of the period that commenced on the date on which the
Commissioner determined that the lump sum was to be paid to the employee and
ends on the date on which compensation became payable to him under this
section; and
c is the number of years in the complete expectation of life of the
employee at the date on which compensation became payable to him under this
section, as ascertained by reference to the prescribed Life Tables; or
(b) an amount per week that is prescribed for the purposes of this section
in respect of a class of persons in which the employee is included,
whichever is the greater.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 51.
Cancelled determinations not to affect certain payments of compensation.
SECT
51. (1) For the purposes of sub-section (9) of section 45, sub- section (5)
of section 46 and sub-section (2) of section 50 of this Act, account shall not
be taken of a determination that an amount of compensation is payable to an
employee under section 39 of this Act in respect of an injury that resulted in
a loss referred to in that last-mentioned section if-
(a) the determination has been revoked by the Commissioner; or
(b) the determination has been set aside by a Compensation Tribunal or a
Court.
(2) Paragraph (b) of the last preceding sub-section does not apply if a
further determination has been made by the Tribunal or Court referred to in
that paragraph, being a determination by virtue of which an amount of
compensation is payable to the employee under section 39 of this Act in
respect of the injury that resulted in the loss.
(3) For the purposes of sub-section (9) of section 45, sub-section (5) of
section 46 and sub-section (2) of section 50 of this Act, account shall not be
taken of a determination that the liability of the Commonwealth to make
further payments to an employee under section 46 of this Act is to be redeemed
if-
(a) the determination has been revoked by the Commissioner; or
(b) the determination has been set aside by a Compensation Tribunal or a
Court.
(4) Paragraph (b) of the last preceding sub-section does not apply if a
further determination has been made by the Tribunal or Court referred to in
that paragraph, being a determination by virtue of which the liability of the
Commonwealth to make further payments to the employee under section 46 of this
Act is to be redeemed.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 52.
Reduction of compensation in certain cases.
SECT
52. (1) Where, in relation to a day in respect of which compensation is
payable to an employee in accordance with section 45 or section 50 of this
Act, an amount is, or amounts are, paid or payable to the employee by the
Commonwealth by way of salary, wages or pay, the compensation payable to the
employee under that section in respect of that day is, subject to the next
succeeding sub-section and to sub-section (4) of this section, the amount (if
any) by which the compensation that, but for this sub-section, would be
payable to the employee in respect of that day exceeds the amount, or the sum
of the amounts, as the case may be, so paid or payable to the employee by way
of salary, wages or pay in respect of that day.
(2) For the purposes of the last preceding sub-section, the amount of the
compensation payable to an employee under section 45 or section 50 of this Act
in respect of a day shall be taken to be-
(a) in the case of an employee being a member of the Defence
Force-one-seventh of the amount per week of the compensation payable to the
employee under that section; and
(b) in any other case-the amount (if any) ascertained in accord-
ance with the formula ab
---
c , where-
a is the number of hours that, but for his incapacity for work, the
employee would have been required to work on that day or, if that day would
not have been an ordinary working day for the employee, the number of hours
that, but for that incapacity, the employee would have been required to work
on that day if that day had been such an ordinary working day;
b is the amount per week of the compensation payable to the employee
under that section; and
c is the number of hours that, but for his incapacity for work, the
employee would have been required to work during the period of seven days
commencing on a Sunday in which that day occurs or, if that period would not
have been an ordinary working period for the employee, the number of hours
that, but for that incapacity, the employee would have been required to work
during that period if that period had been such an ordinary working period.
(3) Where, in relation to any period in respect of which compensation is
payable to an employee in accordance with section 45, 46, 47 or 50 of this
Act, an amount is, or amounts are, paid or payable to the employee by the
Commonwealth (not being an amount or amounts by way of salary, wages or pay)
by reason of the injury in respect of which the compensation is payable or by
reason of any incapacity resulting from that injury, the compensation payable
to the employee under that section in respect of that period is, subject to
the next succeeding sub- section, such amount per week as is determined by the
Commissioner, having regard to the circumstances giving rise to the payment
of, or the liability of the Commonwealth to pay, that amount or those amounts,
but the amount so determined shall not exceed the amount per week of the
compensation that, but for this sub-section, would be payable to the employee
under that section in respect of that period.
Amended by No. 105, 1973, s. 4.
(4) A reference in a preceding provision of this section to an amount paid
or payable to an employee by the Commonwealth does not include a reference
to-
(a) an amount by way of pay in respect of a period of leave of absence
granted, or in lieu of the grant of a period of leave of absence, under
section 73 or section 74 of the Public Service Act 1922-1968 or under section
7 or section 8 of the Commonwealth Employees' Furlough Act 1943-1968;
(b) an amount by way of pay in respect of a period of a like leave of
absence granted, or in lieu of the grant of a period of a like leave of
absence, under regulations in force under the Naval Defence Act 1910-1971, the
Defence Act 1903-1970 or the Air Force Act 1923-1965;
(c) an amount paid or payable in respect of sick leave;
(d) an amount paid or payable under the Superannuation Act 1922-1971 or the
Defence Forces Retirement Benefits Act 1948-1971 or under a superannuation or
provident scheme established or maintained by a prescribed authority of the
Commonwealth;
(da) an amount of pension paid or payable under Division 10 of Part III of
the Repatriation Act 1920-1973;
(e) an amount of deferred pay within the meaning of Part III of the Defence
Forces Retirement Benefits Act 1959-1968 or of any provision of that Part;
(f) an amount of child endowment under Part VI of the Social Services Act
1947-1971;
(g) an amount of pension or allowance in respect of a child in relation to
whom this Act applies who, at the date when the amount was paid or became
payable, as the case may be, was dependent upon the employee; or
(h) an amount paid or payable under this Act.
(5) Where-
(a) an employee is absent from his employment during any period by reason
of illness;
(b) the employee is entitled to compensation in accordance with section 45,
47 or 50 of this Act in respect of that period; and
(c) an amount is, or amounts are, payable to the employee by the
Commonwealth in respect of sick leave in respect of that period,
the amount, or the sum of the amounts, payable to the employee by the
Commonwealth in respect of sick leave in respect of that period shall not be
greater than the amount (if any) by which the amount, or the sum of the
amounts, that, if he were not so entitled to compensation in respect of that
period, would have been payable to him by the Commonwealth in respect of sick
leave in respect of that period exceeds the amount, or the sum of the amounts,
of the compensation to which he is so entitled in respect of that period.
(6) Where-
(a) an employee is absent from his employment during any period by reason
of illness;
(b) the employee is entitled to compensation in accordance with section 45,
47 or 50 of this Act in respect of that period; and
(c) if the employee were not so entitled to compensation in respect of that
period, he would be entitled under a law, award, determination, industrial
agreement or contract of employment to payment by the Commonwealth of an
amount or amounts in respect of sick leave in respect of that period,
then, subject to the next succeeding sub-section, the employee is entitled to
payment of that amount or those amounts notwithstanding that he is also
entitled to compensation in respect of that period.
(7) An employee is not, by virtue of the last preceding sub-section,
entitled in respect of any period to payment in respect of sick leave of an
amount that is, or amounts the sum of which is, greater than the amount (if
any) by which the amount, or the sum of the amounts, that, but for this
sub-section, would have been payable to him by the Commonwealth in respect of
sick leave in respect of that period exceeds the amount, or the sum of the
amounts, of the compensation to which he is entitled in accordance with
section 45, 47 or 50 of this Act in respect of that period.
(8) Where the amount of a payment made to an employee by the Commonwealth in
respect of sick leave is, by virtue of sub-section (5) or (7) of this section,
less than the amount that, apart from that sub-section, would have been the
amount of that payment, then the period for which the employee is entitled
under any law, award, determination, industrial agreement or contract of
employment to receive similar payments in respect of future absences from his
employment by reason of illness shall, by reason of the first-mentioned
payment, be reduced by so much only of the period by which it would have been
reduced if he were not entitled to compensation as bears to that
last-mentioned period the same proportion as the first-mentioned amount bears
to the second-mentioned amount.
(9) In this section, a reference to a payment in respect of sick leave or to
an amount paid or payable in respect of sick leave, in relation to an
employee, is a reference to a payment to the employee by way of salary, wages
or pay, or to an amount paid or payable to the employee by way of salary,
wages or pay, as the case may be, in respect of a period during which the
employee was absent from his employment by reason of illness.
(10) In this section, a reference to salary, wages or pay of an employee
shall be read as including a reference to any allowance payable to the
employee in respect of his employment.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 53.
Notice to Commonwealth of injury, disease or loss of or damage to property.
SECT
PART IV-MAKING AND DETERMINATION OF CLAIMS
53. (1) This Act does not apply in relation to an injury caused to an
employee unless notice in writing of the injury was served, as prescribed, on
the Commonwealth-
(a) as soon as practicable after the occurrence of the injury;
(b) if the employee was not, immediately after the injury, aware that he
had sustained an injury-as soon as practicable after he became so aware; or
(c) if the employee died without having become so aware or before it was
practicable to serve such a notice-as soon as practicable after his death.
(2) This Act does not apply in relation to a disease contracted, or an
aggravation, acceleration or recurrence of a disease suffered, by an employee
unless notice in writing of the contraction of the disease, of the
commencement of the aggravation or acceleration of the disease or of the
recurrence of the disease, as the case may be, was served, as prescribed, on
the Commonwealth-
(a) as soon as practicable after the employee became aware of the
contraction of the disease, of the commencement of the aggravation or
acceleration of the disease or of the recurrence of the disease; or
(b) if the employee died without having become so aware or before it was
practicable to serve such a notice-as soon as practicable after his death.
(3) The Act does not apply in relation to loss of, or damage to, an
artificial limb or other artificial substitute, or a medical, surgical or
other similar aid or appliance, used by an employee, being a loss or damage
that arose in circumstances referred to in section 28 of this Act, unless
notice in writing of the accident that resulted in the loss or damage was
served, as prescribed, on the Commonwealth-
(a) as soon as practicable after the occurrence of the accident;
(b) if the employee was not, immediately after the accident, aware that the
accident had resulted in the loss or damage-as soon as practicable after he
became so aware; or
(c) if the employee died without having become so aware or before it was
practicable to serve such a notice-as soon as practicable after his death.
(4) Where-
(a) a notice purporting to be a notice referred to in a preceding
sub-section of this section has been served on the Commonwealth;
(b) the notice, as regards the time of service or otherwise, failed to
comply with the requirements of that sub-section; and
(c) the Commonwealth would not, by reason of the failure, be prejudiced if
the notice were treated as a sufficient notice, or the failure resulted from
the death, or absence from Australia, of a person, from ignorance, from a
mistake or from any other reasonable cause,
the notice shall be deemed to have been served in accordance with that
sub-section.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 54.
Time for making claims for compensation.
SECT
54. (1) Compensation in relation to an employee is not payable under this
Act to a person unless a claim in writing for the compensation was served, as
prescribed, on the Commissioner by or on behalf of the person within the
prescribed period.
(2) If the claimant is the employee, the prescribed period for the purposes
of the last preceding sub-section is-
(a) in the case of a claim in relation to an injury to the claimant-
(i) the period of six months commencing on the day of the injury; or
(ii) if the claimant was not, immediately after the injury, aware that
he had sustained an injury-the period of six months commencing on the day on
which he became so aware;
(b) in the case of a claim in relation to a disease contracted, or an
aggravation, acceleration or recurrence of a disease suffered, by the
claimant-the period of six months commencing on the day on which the claimant
became aware of the contraction of the disease, of the commencement of the
aggravation or acceleration of the disease or of the recurrence of the
disease; or
(c) in the case of a claim in relation to loss of, or damage to, an
artificial limb or other artificial substitute, or a medical, surgical or
other similar aid or appliance, used by the claimant, being a loss or damage
that arose in circumstances referred to in section 28 of this Act-
(i) the period of six months commencing on the day of the occurrence of
the accident that resulted in the loss or damage; or
(ii) if the claimant was not, immediately after the accident, aware that
the accident had resulted in the loss or damage-the period of six months
commencing on the day on which he became so aware.
(3) If the employee has died and the claimant is his legal personal
representative making a claim in pursuance of sub-section (1) of section 55 of
this Act, the prescribed period for the purposes of sub-section (1) of this
section is-
(a) in the case of a claim in relation to an injury to the employee-
(i) the period of six months commencing on the day of the injury; or
(ii) if the employee did not become aware before his death that he had
sustained an injury-the period of six months commencing on the day on which
the claimant became aware of the death of the employee;
(b) in the case of a claim in relation to a disease contracted, or an
aggravation, acceleration or recurrence of a disease suffered, by the
employee-
(i) the period of six months commencing on the day on which the
employee became aware of the contraction of the disease, of the commencement
of the aggravation or acceleration of the disease or of the recurrence of the
disease; or
(ii) if the employee did not become aware before his death that he had
contracted a disease or suffered an aggravation, acceleration or recurrence of
a disease-the period of six months commencing on the day on which the claimant
became aware of the death of the employee; or
(c) in the case of a claim in relation to loss of, or damage to, an
artificial limb or other artificial substitute, or a medical, surgical or
other similar aid or appliance, used by the employee, being a loss or damage
that arose in circumstances referred to in section 28 of this Act-
(i) the period of six months commencing on the day of the occurrence
of the accident that resulted in the loss or damage; or
(ii) if the employee did not become aware before his death that the
accident had resulted in the loss or damage-the period of six months
commencing on the day on which the claimant became aware of the death of the
employee.
(4) If the employee has died and the claimant is a dependant of the deceased
employee claiming compensation in respect of his death, the prescribed period
for the purposes of sub-section (1) of this section is the period of six
months commencing on the day on which the claimant became aware of the death
of the employee.
(5) If the claimant is a person to whom the compensation is payable by
virtue of paragraph (b) or paragraph (c) of sub-section (5), or sub-section
(9), of section 37, or by virtue of section 44, of this Act, the prescribed
period for the purposes of sub-section (1) of this section is the period of
six months commencing on the day on which the liability to pay the cost to
which the claim relates arose, or on which the expenditure to which the claim
relates was incurred, as the case may be.
(6) Where-
(a) a claim purporting to be a claim referred to in sub-section (1) of this
section has been served on the Commissioner;
(b) the claim, as regards the time or manner of service, failed to comply
with the requirements of that sub-section; and
(c) the Commonwealth would not, by reason of the failure, be prejudiced if
the claim were treated as a sufficient claim, or the failure resulted from the
death, or absence from Australia, of a person, from ignorance, from a mistake
or from any other reasonable cause,
the claim shall be deemed to have been served in accordance with that
sub-section.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 55.
Survival of claims.
SECT
55. (1) Where a person who is entitled to make a claim for compensation
under this Act dies, that claim may be made by his legal personal
representative.
(2) A claim for compensation under this Act is not affected by the death of
the claimant after the claim was served on the Commissioner.
(3) A reference in this Act to a claimant shall-
(a) in the case of a claim referred to in sub-section (1) of this
section-be read as a reference to the legal personal representative who made
the claim; and
(b) in the case of a claim referred to in the last preceding sub-section-be
read, in relation to any time after the death of the person who made the
claim, as a reference to the legal personal representative of that person.
(4) Section 117 of this Act applies in relation to any amount payable under
a determination made in respect of a claim referred to in this section as if
the deceased person had died after the determination was made.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 56.
Medical referees.
SECT
56. The Governor-General may appoint legally qualified medical practitioners
to be medical referees for the purposes of this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 57.
Medical boards.
SECT
57. (1) Subject to this section and to sub-section (4) of section 41 of this
Act, a medical board constituted for the purposes of this Act shall consist of
a medical referee or medical referees nominated by the Commissioner and-
(a) if the Commissioner nominates one medical referee only-a legally
qualified medical practitioner nominated by the employee; or
(b) if the Commissioner nominates more than one medical referee-a number of
legally qualified medical practitioners, nominated by the employee, equal to
the number of medical referees nominated by the Commissioner.
(2) A medical practitioner who has, in connexion with an injury to an
employee, been engaged as a medical practitioner by or on behalf of the
Commissioner, the Commonwealth, the employee or any insurer interested in the
outcome of a claim by the employee for compensation in respect of that injury
is not eligible to be nominated by the Commissioner or the employee as a
member of a medical board constituted to examine the employee in connexion
with that injury.
(3) If the employee is unable, or refuses or fails, within the prescribed
period, to nominate an eligible medical practitioner or a sufficient number of
eligible medical practitioners in accordance with sub-section (1) of this
section or the medical practitioner or any of the medical practitioners
nominated by the employee refuses or fails to perform his functions as a
member of the board, the Commissioner may exercise the power of nomination
conferred by that sub-section on the employee to the extent to which that
power has not been exercised by the employee or for the purpose of
substituting another eligible medical practitioner or other eligible medical
practitioners for the medical practitioner or medical practitioners who
refused or failed to perform functions as a member of the board.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 58.
Power of Commissioner to require medical examination.
SECT
58. (1) Where-
(a) a notice has been served on the Commonwealth under section 53 of this
Act in relation to an employee; or
(b) an employee has made a claim for compensation under this Act,
the Commissioner may require the employee to submit himself for an examination
or examinations by a medical referee, or other legally qualified medical
practitioner, nominated by the Commissioner or by a medical board to be
constituted in accordance with this Act.
(2) Where an employee refuses or fails to submit himself to an examination
in accordance with a requirement under the last preceding sub-section or in
any way obstructs such an examination, his right to compensation under this
Act and his right to institute or continue any proceedings under this Act in
relation to compensation are suspended until the examination takes place.
(3) The Commonwealth shall pay the cost of conducting any examination
required in pursuance of this section and is liable to pay to the employee an
amount equal to the amount of the expenditure reasonably incurred by the
employee in making a necessary journey in connexion with the examination or in
remaining, for the purpose of the examination, at a place to which he has made
a journey for that purpose.
(4) The matters to which the Commissioner is to have regard in deciding
questions arising under the last preceding sub-section include-
(a) the means of transport available for the journey of the employee;
(b) the route or routes by which the employee could have travelled; and
(c) the accommodation available to the employee.
(5) Where an employee's right to compensation is suspended under sub-section
(2) of this section, compensation is not payable in respect of the period of
the suspension.
(6) An employee shall not be required to submit himself for examinations
under this section at more frequent intervals than are prescribed.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 59.
Certificates.
SECT
59. (1) Where an examination is carried out under the last preceding section
by a medical referee or other medical practitioner, or by a medical board, the
medical referee, medical practitioner or members of the medical board shall,
subject to the next succeeding sub-section, give to the Commissioner a
certificate or certificates, as prescribed, in relation to the physical and
mental condition of the employee and the physical and mental capability of the
employee to engage in employment, specifying, where necessary, the kind of
employment in which he is capable of engaging and any other information that
the Commissioner requires.
(2) Any two or more members of a medical board who are in agreement in
relation to any matter to be stated in the certificates to be given by them
under the last preceding sub-section in relation to an employee shall give a
joint certificate in relation to that matter and any member of a medical board
who is not in agreement with the other member or the other members of the
medical board in relation to such a matter shall give a separate certificate
in relation to that matter.
(3) A joint certificate given by all the members of a medical board under
this section is final and is conclusive evidence, for the purposes of this
Act, of the matters stated in the certificate.
(4) A document purporting to be a certificate referred to in this section
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 60.
Power of Commonwealth to require medical examination.
SECT
60. (1) Where-
(a) the Commissioner makes a determination under this Act that the
Commonwealth is liable to pay compensation to an employee in respect of a
claim or part of a claim; or
(b) an employee institutes a proceeding under Part V in respect of a
determination by the Commissioner under this Act,
the Commonwealth may require the employee to submit himself for an examination
or examinations by one or more legally qualified medical practitioners
nominated by the Commonwealth.
(2) Where an employee refuses or fails to submit himself for examination in
accordance with a requirement under the last preceding sub-section or in any
way obstructs such an examination, his right to compensation under this Act
and his right to institute or continue any proceedings under this Act in
relation to compensation are suspended until the examination takes place.
(3) Sub-sections (3) and (4) of section 58 of this Act apply in relation to
an examination required in pursuance of this section.
(4) Where an employee's right to compensation is suspended under sub-section
(2) of this section, compensation is not payable in respect of the period of
the suspension.
(5) An employee shall not be required to submit himself for examinations
under this section at more frequent intervals than are prescribed.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 61.
Service of copies of determinations and other documents by Commissioner.
SECT
61. (1) Where the Commissioner makes a determination under this Act, he
shall cause to be served on the Commonwealth and on the claimant or, if there
is more than one claimant whose claim was dealt with by the determination, on
each of the claimants-
(a) a copy of the determination;
(b) if the reasons for the determination are not set out in the
determination-a notice informing the person served that, if that person is
dissatisfied with the determination, he is entitled to request the
Commissioner to furnish to him a statement setting out the reasons for the
determination; and
(c) a notice informing the person served that that person is entitled, in
accordance with Part V, to request that a matter or question to which the
determination relates be referred to a Commonwealth Employees' Compensation
Tribunal for reconsideration or to apply to a prescribed Court for a judicial
review of the determination.
(2) The Commissioner shall also cause to be served on the claimant, or on
each of the claimants, as the case may be, a notice stating that, if the
claimant is dissatisfied with the determination, the Commissioner will, on
request by him, furnish to him a copy of-
(a) the claim for compensation and any other document furnished to the
Commissioner by or on behalf of the claimant in connexion with a matter or
question to which the determination relates;
(b) any certificate given to the Commissioner under section 41, 42 or 59 of
this Act in connexion with such a matter or question; and
(c) any document furnished to the Commissioner on behalf of the
Commonwealth in connexion with such a matter or question.
(3) On receipt of a request by a person in pursuance of a notice referred to
in paragraph (b) of sub-section (1) of this section, the Commissioner shall
forthwith serve a statement setting out the reasons for the determination on
the person by whom the request was made and on every other person affected by
the determination.
(4) On receipt of a request by a claimant in pursuance of a notice referred
to in sub-section (2) of this section for a copy of a document referred to in
that sub-section that has not previously been furnished by the Commissioner to
the claimant, the Commissioner shall forthwith comply with the request.
(5) The Commissioner shall, if the Commonwealth so requests, also cause to
be served on the Commonwealth a copy of each of the documents referred to in
sub-section (2) of this section.
(6) For the purposes of the application of this section in relation to a
determination in respect of a request under section 49 of this Act-
(a) a reference to the claim for compensation shall be read as a reference
to the request under that section; and
(b) a reference to the claimant shall be read as a reference to the person
who made the request.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 62.
PART V-REFERENCES TO COMPENSATION TRIBUNALS AND APPLICATIONS TO
PRESCRIBED COURTS
SECT
Division 1-Preliminary
Interpretation.
62. (1) In this Part, unless the contrary intention appears, a reference to
a party to a determination shall be read as a reference to the Commonwealth or
to the claimant or, if there is more than one claimant whose claim was dealt
with by the determination, to any of those claimants.
(2) This Part has effect in relation to a determination made in respect of a
request under section 49 of this Act as if the person who made the request
were a claimant and the request were a claim.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 63.
References and applications to Tribunal or Court.
SECT
63. (1) Subject to this Part, where a determination is made under this Act,
a party to the determination may either-
(a) request the Commissioner in accordance with Division 3 of this Part to
refer all or any of the matters or questions to which the determination
relates to a Compensation Tribunal for reconsideration; or
(b) apply to a prescribed Court in accordance with Division 4 of this Part
for a judicial review of the determination.
(2) Subject to the next two succeeding sub-sections, a prescribed Court has
jurisdiction to hear and determine an application made to that Court in
accordance with Division 4 of this Part.
Amended by No. 216, 1973, s. 3.
(3) The jurisdiction of a prescribed Court under the last preceding
sub-section is not subject to any limits to which the jurisdiction of that
Court is subject under the law of the State or Territory in which it is
constituted but that jurisdiction shall not be exercised-
(a) in the case of a Court of a State-except by a Judge or by a
stipendiary, police, resident or special magistrate; and
(b) in the case of a Court of a Territory-except by a Judge or a
stipendiary magistrate or, if there is no prescribed Court of that Territory
that can be constituted by a Judge or by a stipendiary magistrate, by a chief,
police, resident or special magistrate.
Amended by No. 216, 1973, s. 3.
(4) A prescribed Court, being a Court of a Territory, does not have
jurisdiction to hear and determine an application for a judicial review of a
determination unless a matter or question to which the determination relates
arose out of an injury that occurred in that Territory, the duties of the
relevant employment were performed wholly or partly in that Territory or the
claimant or any of the claimants resides in that Territory.
(5) Where a party to a determination has instituted a proceeding under
either of the paragraphs of sub-section (1) of this section in respect of the
determination, another party to the determination is not entitled to institute
a proceeding under the other paragraph in respect of that determination unless
the first-mentioned proceeding has been discontinued.
(6) Where, on the one day, a claimant institutes a proceeding under either
of the paragraphs of sub-section (1) of this section in respect of a
determination and the Commonwealth institutes a proceeding under the other
paragraph in respect of that determination, the proceeding instituted by the
Commonwealth is of no effect.
(7) Where, on the one day, a claimant institutes a proceeding under
paragraph (a) of sub-section (1) of this section in respect of a determination
and another claimant institutes a proceeding under paragraph (b) of that
sub-section in respect of the same determination, the second-mentioned
proceeding is of no effect.
(8) Where a determination is made varying an earlier determination-
(a) if a proceeding has been instituted under either of the paragraphs of
sub-section (1) of this section in respect of either of the determinations-a
party to the other determination is not entitled to institute a proceeding
under the other paragraph in respect of that other determination unless and
until the first-mentioned proceeding has been completed or discontinued, but
nothing in this paragraph prevents a proceeding from being instituted in
respect of the other determination under the first-mentioned paragraph; and
(b) if, on the one day, a proceeding is instituted under either of the
paragraphs of sub-section (1) of this section in respect of either of the
determinations and a proceeding is instituted under the other paragraph in
respect of the other determination-
(i) if both proceedings were instituted by the same person-the
proceeding instituted in respect of the later determination is of no effect;
(ii) if one proceeding was instituted by a claimant and the other
proceeding was instituted by the Commonwealth-the proceeding instituted by the
Commonwealth is of no effect; and
(iii) if the proceedings were instituted by different claimants-the
proceeding instituted under paragraph (b) of sub-section (1) of this section
is of no effect.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 64.
Commonwealth Employees' Compensation Tribunals.
SECT
Division 2-Constitution of Compensation Tribunals
64. (1) The Governor-General may, by order in writing, establish one or more
Commonwealth Employees' Compensation Tribunals.
(2) A Compensation Tribunal shall be constituted by a person appointed by
the Governor-General.
(3) Subject to the directions of the Minister, a Compensation Tribunal may
sit, for the purpose of reconsidering a matter or question, at any place,
which may be a place outside Australia.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 65.
Tenure of office.
SECT
65. (1) Subject to this Division, a person constituting a Compensation
Tribunal holds office for such period, not exceeding seven years, as is
specified in the instrument of his appointment, but is eligible for re-
appointment.
(2) A person who has attained the age of sixty-five years shall not be
appointed or re-appointed to constitute a Compensation Tribunal and a person
shall not be so appointed or re-appointed for a period that extends beyond the
date on which he will attain the age of sixty-five years.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 66.
Remuneration and allowances.
SECT
Sub-section (1) substituted by No. 136, 1971, s. 3.
66.* (1) A person constituting a Compensation Tribunal shall-
(a) in the case of a person appointed for a period of not less than one
year-be paid remuneration at the rate of Seventeen thousand one hundred and
seventy-two dollars per year and such annual allowance (if any) as the
Parliament provides; and
(b) in any other case-be paid such remuneration as is prescribed.
Amended by No. 136, 1971, s. 3.
(2) A person constituting a Compensation Tribunal shall be paid such
allowances other than annual allowances as are prescribed.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 67.
Leave of absence.
SECT
67. The Minister may grant leave of absence to a person constituting a
Compensation Tribunal upon such terms and conditions as to remuneration or
otherwise as the Minister determines.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 68.
Dismissal.
SECT
68. The Governor-General may terminate the appointment of a person
constituting a Compensation Tribunal for inefficiency, misbehaviour or
physical or mental incapacity.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 69.
Resignation.
SECT
69. A person constituting a Compensation Tribunal may resign his office by
writing under his hand delivered to the Governor-General but the resignation
does not have effect until it is accepted by the Governor-General.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 70.
Vacation of office.
SECT
70. (1) If a person constituting a Compensation Tribunal-
(a) engages in paid employment outside the duties of his office without the
approval of the Minister;
(b) absents himself from duty for fourteen consecutive days, or for
twenty-eight days in any twelve months, without leave granted by the Minister;
or
(c) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit,
the Governor-General shall, by notice in the Gazette, terminate the
appointment of the person.
(2) The Minister shall not give an approval for the purposes of paragraph
(a) of the last preceding sub-section unless he is satisfied that the paid
employment will not interfere with the performance of the duties of the person
under this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 71.
Application of Officers' Rights Declaration Act and Superannuation Act.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
71. (1) If a person appointed to constitute a Compensation Tribunal was,
immediately before his appointment, an officer of the Public Service of the
Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as a person
constituting a Compensation Tribunal shall be taken into account as if it were
service in the Public Service of the Commonwealth.
(2) For the purposes of sub-sections (3A) and (4) of section 4 of the
Superannuation Act 1922-1971, a person constituting a Compensation Tribunal
shall be deemed to be required, by the terms of his appointment, to give the
whole of his time to the duties of his office.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 72.
Certain provisions not to apply to persons constituting Tribunal outside
Australia.
SECT
72. Where a Compensation Tribunal is constituted by a person who resides
outside Australia, the Governor-General may direct that paragraph (a) of
sub-section (1) of section 70, or section 71, of this Act is not, or that both
of those provisions are not, to apply in relation to the person.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 73.
Oath or affirmation of allegiance and office.
SECT
73. (1) A person appointed to constitute a Compensation Tribunal shall,
before proceeding to discharge the duties of his office, make an oath or
affirmation in accordance with the form of oath or affirmation in the Second
Schedule to this Act.
Amended by No. 216, 1973, s. 3.
(2) The oath or affirmation shall-
(a) be made within Australia or a Territory before a justice of the peace
or a commissioner for affidavits; or
(b) be made at a place outside Australia and the Territories before-
(i) a commissioner of the High Court authorized to administer oaths in
that place for the purposes of the High Court;
(ii) a commissioner of the Supreme Court of a State or Territory for
taking affidavits empowered and authorized to act in that place;
(iii) an Australian Diplomatic Officer or an Australian Consular
Officer, as defined by the Consular Fees Act 1955, exercising his function in
that place; or
(iv) a notary public exercising his function in that place.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 74.
Person acting as Compensation Tribunal.
SECT
74. (1) Where a person constituting a Compensation Tribunal is, or is
expected to be, absent from duty, or there is a vacancy in the office of a
person constituting a Compensation Tribunal, the Governor-General may appoint
a person to act in that office during the absence or until the filling of the
vacancy, but a person so appointed by reason of a vacancy in that office shall
not act in that office for a continuous period of more than twelve months.
(2) Where a person has been appointed to act in the office of a person
constituting a Compensation Tribunal during an absence from duty of the person
constituting that Compensation Tribunal and the last-mentioned person ceases
to hold office without having resumed duty, the period of appointment of the
person so appointed shall be deemed to continue until it is terminated by the
Governor-General, or until the expiration of twelve months from the date on
which the person constituting that Tribunal ceases to hold office, whichever
first happens.
(3) The Governor-General may at any time terminate an appointment under
this section.
(4) Sections 67, 69 and 73 of this Act apply in relation to a person
appointed under this section in like manner as they apply in relation to a
person constituting a Compensation Tribunal appointed under section 64 of this
Act.
(5) Subject to this section, the Governor-General may determine the terms
and conditions of an appointment under this section.
(6) A person appointed to act in the office of a person constituting a
Compensation Tribunal has all the powers and functions under this Act of the
person constituting that Compensation Tribunal.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 75.
Clerks and Deputy Clerks of Compensation Tribunals.
SECT
75. (1) For the purposes of this Part, there shall, in respect of each
Compensation Tribunal, be-
(a) a Clerk; and
(b) such Deputy Clerks, if any, as are required.
(2) A Clerk and a Deputy Clerk-
(a) shall be appointed by the Minister; and
(b) have such powers and functions as are prescribed or as the Minister
directs.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 76.
References to Compensation Tribunal.
SECT
Division 3-References to Compensation Tribunals
76. (1) A request by a party to a determination for the reference of a
matter or question to a Compensation Tribunal for reconsideration-
(a) shall be in writing signed by or on behalf of the person making the
request;
(b) shall set out the grounds of the request;
(c) shall, subject to this section and the next succeeding section, be
served on the Commissioner within sixty days after the date of service of a
copy of the determination on the person making the request; and
(d) subject to paragraph (a) of sub-section (5) of the next succeeding
section, shall, in the case of a request by a claimant, be accompanied by the
prescribed fee.
(2) A copy of a request served by a party to a determination on the
Commissioner under the last preceding sub-section shall be served by that
party on every other party to the determination within the period within which
the request is required by that sub-section to be served on the Commissioner.
(3) If a person making a request in accordance with this section had, within
fifteen days after the date of service on that person of a copy of the
determination, requested the Commissioner, in pursuance of a notice referred
to in paragraph (b) of sub-section (1) of section 61 of this Act, to furnish
to that person a statement setting out the reasons for the determination, the
reference in paragraph (c) of sub-section (1) of this section to the date of
service of a copy of the determination shall, in its application to that
person, be read as a reference to the date of service on that person of a
statement setting out the reasons for the determination.
(4) If a person making a request in accordance with this section had, within
thirty days after the date of service on that person of a copy of the
determination, requested the Commissioner, under paragraph (b) of sub-section
(4) of section 20 of this Act, to reconsider the determination, the reference
in paragraph (c) of sub-section (1) of this section to sixty days shall, in
its application to the person, be read as a reference to one hundred and
twenty days.
(5) The fee referred to in paragraph (d) of sub-section (1) of this section
shall be refunded to the claimant if the Compensation Tribunal gives a
decision favourable to the claimant.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 77.
Extension of time for requesting reference.
SECT
77. (1) A Compensation Tribunal may extend the time for the serving of a
request on the Commissioner under the last preceding section, and may so
extend that time although that time has expired.
(2) A request for an extension of time under this section-
(a) shall be in writing signed by or on behalf of the person making the
request;
(b) shall set out the grounds of the request;
(c) shall be served on the Commissioner; and
(d) shall, in the case of a request by the claimant, be accompanied by the
prescribed fee.
(3) A person who makes a request for an extension of time under this section
shall, within seven days after service of the request on the Commissioner,
cause a copy of the request to be served on each of the persons on whom he is
required by sub-section (2) of the last preceding section to serve a copy of a
request under that section.
(4) The succeeding sections of this Division (other than paragraphs (a), (b)
and (c) of section 78, sub-section (2) of section 79, sub-section (1) of
section 83 and sub-sections (1) and (2) of section 84) apply, so far as they
are capable of application, in relation to a request for an extension of time
as they apply in relation to a request for a reference of a matter or question
for reconsideration but, in the application of those sections in relation to a
request for an extension of time, a reference to the reconsideration of the
matter or question shall be read as a reference to the determination of the
request.
(5) Where, in pursuance of this section, a Compensation Tribunal extends the
time for the serving of a request on the Commissioner under the last preceding
section-
(a) a fee is not payable under paragraph (d) of sub-section (1) of the last
preceding section in respect of the request;
(b) each copy of the request served in accordance with sub-section (2) of
the last preceding section shall be accompanied by a copy of the decision of
the Tribunal granting the extension of time; and
(c) sub-section (5) of the last preceding section has effect as if the
reference in that sub-section to the fee referred to in paragraph (d) of
sub-section (1) of that section were a reference to the fee referred to in
paragraph (d) of sub-section (2) of this section.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 78.
Commissioner to notify Clerk of request.
SECT
78. Upon receipt of a request in accordance with section 76 of this Act, the
Commissioner shall send the request to the Clerk of a Compensation Tribunal
together with-
(a) a copy of the determination;
(b) if the reasons for the determination are not set out in the
determination-a statement setting out those reasons; and
(c) a copy of each of the documents referred to in paragraphs (a), (b) and
(c) of sub-section (2) of section 61 of this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 79.
Clerk to fix time and place for reconsideration of the matter or question by
the Tribunal.
SECT
79. (1) As soon as practicable after the Commissioner has sent a request to
the Clerk of a Compensation Tribunal, the Clerk shall fix a time and a place
for the reconsideration of the matter or question by the Tribunal and shall
serve notice of the time and place so fixed on-
(a) the Commonwealth; and
(b) the claimant or, if there is more than one claimant, each of the
claimants.
(2) Unless the Compensation Tribunal otherwise orders, the date fixed for a
reconsideration of a matter or question shall be not less than sixty days
after the day on which the request for the reconsideration was served on the
Commissioner.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 80.
Procedure of Compensation Tribunal.
SECT
80. In proceedings before a Compensation Tribunal-
(a) the procedure of the Tribunal is, subject to this Act and the
regulations, within the discretion of the Tribunal;
(b) the proceedings shall be conducted with as little formality and
technicality, and with as much expedition, as the requirements of this Act and
a proper consideration of the matters and questions before the Tribunal
permit; and
(c) the Tribunal is not bound by the rules of evidence.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 81.
Proceedings to be in public except in special circumstances.
SECT
81. (1) Subject to the next succeeding sub-section, proceedings before a
Compensation Tribunal shall be in public.
(2) A Compensation Tribunal may, if it is satisfied that it is desirable to
do so by reason of the confidential nature of any evidence or matter or for
any other reason, direct that proceedings or a part of any proceedings before
the Tribunal shall take place in private and may give directions as to the
persons who may be present during the whole or any part of the proceedings.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 82.
Representation before Compensation Tribunal.
SECT
82. In proceedings before a Compensation Tribunal, a party may appear in
person or may be represented by another person.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 83.
Powers of Compensation Tribunal.
SECT
83. (1) For the purpose of reconsidering a matter or question, a
Compensation Tribunal may exercise all the powers that are conferred on the
Commissioner by this Act in relation to the determination of matters and
questions.
(2) A Compensation Tribunal may-
(a) take evidence on oath or affirmation and, for that purpose, administer
an oath or affirmation;
(b) proceed in the absence of a party who has had reasonable notice of the
proceedings;
(c) adjourn the proceedings from time to time;
(d) summon a person to appear before it to give evidence and to produce
such documents and articles (if any) as are referred to in the summons; and
(e) subject to this Act and the regulations, give all such directions and
do all such things as are necessary or convenient for the purposes of the
reconsideration of the matter or question.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 84.
Reconsideration of matter or question by Compensation Tribunal.
SECT
84. (1) A Compensation Tribunal that reconsiders a matter or question shall,
after due consideration of the matter or question, give a decision in
writing-
(a) affirming the determination made by the Commissioner in respect of that
matter or question;
(b) varying that determination; or
(c) setting aside that determination and-
(i) making a determination in substitution for the determination so set
aside; or
(ii) remitting the case for re-determination by the Commissioner in
accordance with the directions of the Tribunal.
(2) A Compensation Tribunal shall give reasons in writing for its decision
and those reasons shall include its findings on material questions of fact.
(3) The Clerk of a Compensation Tribunal shall, as soon as practicable after
the Compensation Tribunal has given its decision, cause a copy of the decision
to be served on the Commonwealth, the Commissioner and the claimant or, if
there is more than one claimant, each of the claimants.
(4) Without prejudice to any other method available by law for the proof of
decisions of a Compensation Tribunal, a document purporting to be a copy of
such a decision, and to be certified by the Clerk or a Deputy Clerk of that
Compensation Tribunal to be a true copy of the decision, is, in any
proceeding, evidence of the decision.
(5) The last two preceding sub-sections apply in relation to the reasons
given by a Compensation Tribunal for its decision as they apply in relation to
the decision.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 85.
Costs of proceeding before Compensation Tribunal.
SECT
85. (1) Subject to this section, the costs incurred by a party in relation
to proceedings before a Compensation Tribunal shall be borne by that party.
(2) Where-
(a) a Compensation Tribunal gives a decision-
(i) varying a determination of the Commissioner in a manner favourable
to a party to the determination other than the Commonwealth; or
(ii) setting aside a determination of the Commissioner and making a
determination in substitution for the determination so set aside that is more
favourable to a party to the determination other than the Commonwealth than
the determination so set aside; or
(b) a Compensation Tribunal gives a decision-
(i) varying a determination of the Commissioner in a manner adverse to
a party to the determination other than the Commonwealth; or
(ii) setting aside a determination of the Commissioner and making a
determination in substitution for the determination so set aside that is less
favourable to a party to the determination other than the Commonwealth than
the determination so set aside,
not being a decision made as the result of a reconsideration by the
Tribunal of a matter or question in pursuance of a request by that party,
the Compensation Tribunal may order that the costs of the proceedings before
it incurred by that party, or a part of those costs, shall be paid by the
Commonwealth.
(3) Where a Compensation Tribunal gives a decision setting aside a
determination of the Commissioner and remitting the case for re-determination
by the Commissioner, the Compensation Tribunal shall order that the costs of
the proceedings before it incurred by parties to the determination other than
the Commonwealth shall be paid by the Commonwealth.
(4) Where-
(a) a Compensation Tribunal gives a decision affirming a determination of
the Commissioner; and
(b) a party to the determination, not being the Commonwealth or a party at
whose request the proceedings were instituted, incurred costs in connexion
with the proceedings before the Tribunal,
the Tribunal shall order that those costs shall be paid by the Commonwealth.
(5) Nothing in the last three preceding sub-sections authorizes a
Compensation Tribunal to order the Commonwealth to pay any costs incurred by a
party in relation to a request under section 77 of this Act for an extension
of time.
(6) Where, in accordance with this section, a Compensation Tribunal orders
the Commonwealth to pay costs incurred by a party to a determination, the
Tribunal may, in the absence of agreement between the Commonwealth and that
party as to the amount of the costs to be so paid, tax or settle the amount of
the costs to be so paid or specify the manner in which they are to be taxed.
(7) This section does not limit the operation of sub-section (5) of section
20 of this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 86.
Protection of Compensation Tribunals, representatives and witnesses.
SECT
86. (1) A person constituting a Compensation Tribunal has, in the
performance of the duties of his office, the same protection and immunity as a
Justice of the High Court.
(2) A person appearing before a Compensation Tribunal on behalf of a party
has the same protection and immunity as a barrister has in appearing for a
party in proceedings in the High Court.
(3) Subject to this Act, a person appearing before a Compensation Tribunal
as a witness has the same protection, and is, in addition to the penalties
provided by this Act, subject to the same liabilities, in any civil or
criminal proceedings as a witness in proceedings in the High Court.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 87.
Disobedience to summons, &c.
SECT
87. (1) A person who has been summoned to appear as a witness before a
Compensation Tribunal shall not, without lawful excuse, fail to appear in
obedience to the summons.
(2) A person who has been summoned to produce a document or article to a
Compensation Tribunal shall not, without lawful excuse, fail to produce the
document or article.
(3) A person who appears (whether summoned to appear or not) as a witness
before a Compensation Tribunal shall not, without lawful excuse-
(a) refuse or fail to make an oath or affirmation;
(b) refuse or fail to answer a question that he is required by the Tribunal
to answer; or
(c) refuse or fail to produce a document or article that he is required by
the Tribunal to produce.
Penalty: One hundred dollars or imprisonment for fourteen days.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 88.
Fees for witnesses.
SECT
88. Where a person is summoned to appear as a witness before a Compensation
Tribunal, the person is entitled to be paid the prescribed fee-
(a) in a case where the witness was summoned at the request of a party
other than the Commonwealth-by that party; or
(b) in any other case-by the Commonwealth.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 89.
Offences in relation to Compensation Tribunal.
SECT
89. A person shall not-
(a) insult or disturb a person constituting a Compensation Tribunal in the
exercise of his powers or functions;
(b) interrupt the proceedings of a Compensation Tribunal;
(c) use insulting language towards a person constituting a Compensation
Tribunal;
(d) create a disturbance or take part in creating or continuing a
disturbance in or near a place where a Compensation Tribunal is sitting;
(e) contravene or fail to comply with a direction of a Compensation
Tribunal given under sub-section (2) of section 81 of this Act; or
(f) do any other act or thing that would, if a Compensation Tribunal were a
court of record, constitute a contempt of that court.
Penalty: One hundred dollars or imprisonment for fourteen days.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 90.
Applications to prescribed Court.
SECT
Division 4-Applications to Prescribed Courts
90. (1) An application to a prescribed Court for a judicial review of a
determination shall be made by lodging with the appropriate officer of that
Court, within the period of sixty days after the date of service of a copy of
the determination on the person making the application, an application in
writing, signed by or on behalf of that person, setting out the grounds of the
application.
(2) A copy of the application shall be served by the person making the
application, within the period within which the application is required by the
last preceding sub-section to be lodged with the appropriate officer of the
Court-
(a) on the Commissioner;
(b) in the case of an application by the Commonwealth-on the claimant or,
if there is more than one claimant, on each of the claimants; and
(c) in the case of an application by a claimant-on the Commonwealth and, if
there is another claimant or there are other claimants, on the other claimant
or each of the other claimants.
(3) If a person making an application in accordance with this section had,
within fifteen days after the date of service on that person of a copy of the
determination, requested the Commissioner, in pursuance of a notice referred
to in paragraph (b) of sub-section (1) of section 61 of this Act, to furnish
to that person a statement setting out the reasons for the determination, the
reference in sub-section (1) of this section to the date of service of a copy
of the determination shall, in its application to that person, be read as a
reference to the date of service on that person of a statement setting out the
reasons for the determination.
(4) If the person making the application had, within thirty days after the
date of service on that person of a copy of the determination, requested the
Commissioner, under paragraph (b) and sub-section (4) of section 20 of this
Act, to reconsider the determination, the reference in sub-section (1) of this
section to sixty days shall, in its application to the person, be read as a
reference to one hundred and twenty days.
(5) Unless the prescribed Court otherwise orders, the date fixed for the
hearing of an application shall be not less than sixty days after the day on
which the application was lodged in accordance with sub-section (1) of this
section.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 91.
Extension of time for application.
SECT
91. (1) A prescribed Court may extend the time for lodging and serving an
application under the last preceding section, and may so extend that time
although that time has expired.
(2) An application to a prescribed Court for an extension of time under this
section shall be made by lodging with the appropriate officer of that Court an
application in writing, signed by or on behalf of the person making the
application, setting out the grounds of the application.
(3) A person who applies to a prescribed Court for an extension of time for
lodging and serving an application under the last preceding section shall,
within seven days after lodgment of the application for extension, cause a
copy of the application for extension to be served on each of the persons on
whom he is required by sub-section (2) of the last preceding section to serve
a copy of the application under that section.
(4) Where a prescribed Court has extended the time for lodging and serving
an application under the last preceding section, each copy of the application
served in accordance with sub-section (2) of that section shall be accompanied
by a copy of the order of the Court granting the extension of time.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 92.
Hearing of application.
SECT
92. (1) Subject to the Constitution, the hearing of an application under
section 90 of this Act for a judicial review of a determination shall be in
the nature of a re-hearing.
(2) A prescribed Court hearing an application under section 90 of this Act
for a judicial review of a determination shall-
(a) affirm the determination;
(b) vary the determination; or
(c) set aside the determination and-
(i) except where the next succeeding sub-paragraph applies, make a
determination in substitution for the determination so set aside or remit the
case to the Commissioner for re-determination in accordance with the
directions of the Court; or
(ii) where, by reason of the Constitution, the review, in whole or in
part, is not a re-hearing, remit the case to the Commissioner for
re-determination in accordance with the directions of the Court.
Amended by No. 216, 1973, s. 3.
(3) Without limiting the operation of section 79 of the Judiciary Act
1903-1969, the provisions of the laws of the State or Territory in which a
prescribed Court is constituted that relate to the summoning of persons to
give evidence and produce documents and articles in an action in the original
jurisdiction of that Court under the laws of that State or Territory apply in
relation to the exercise of the jurisdiction of that Court under this Division
as if it were exercising jurisdiction in such an action.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 93.
Costs of applications.
SECT
93. (1) A prescribed Court to which an application for a judicial review of
a determination is made under this Division or to which an application is made
under this Division for an extension of time may, in its discretion, order
that the costs of the application incurred by any party, or a part of those
costs, shall be paid by another party and, in the absence of agreement between
the parties as to the amount of the costs to be so paid, may tax, or settle
the amount of, those costs or specify the manner in which those costs are to
be taxed.
(2) An order for the payment of costs made by a prescribed Court in
pursuance of this section is, when the amount of those costs is agreed or
determined in accordance with this section, enforceable in all respects as a
final judgment of that Court.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 94.
Appeals from Compensation Tribunals and prescribed Courts.
SECT
Division 5-Appeals from Compensation Tribunals and Prescribed Courts
94. Subject to the Constitution, a decision of a Compensation Tribunal or a
judgment or order of a prescribed Court under the foregoing provisions of this
Part is final except so far as appeals may be brought to the Commonwealth
Industrial Court in accordance with this Division or appeals may be brought to
the High Court from a judgment or order of the Commonwealth Industrial Court
given or made under this Division.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 95.
Appeal to Commonwealth Industrial Court.
SECT
95. (1) A party to a proceeding under the foregoing provisions of this Part
before a Compensation Tribunal or a prescribed Court may, in such manner and
within such time as is prescribed, appeal, on a question of law only, to the
Commonwealth Industrial Court from any decision of the Compensation Tribunal,
or any judgment or order of the prescribed Court, as the case may be, in that
proceeding.
(2) The Commonwealth Industrial Court has jurisdiction to hear and determine
an appeal instituted in that Court in accordance with the last preceding
sub-section.
(3) The Commonwealth Industrial Court shall hear and determine the appeal
and-
(a) may affirm, vary or set aside the decision of the Compensation Tribunal
or the judgment or order of the prescribed Court;
(b) may give such judgment, or make such order, as in all the circumstances
it thinks fit; and
(c) may remit the case for re-hearing and re-determination, either with or
without the hearing of further evidence, by the Compensation Tribunal or
prescribed Court, or for re-determination by the Commissioner, in accordance
with the directions of the Commonwealth Industrial Court.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 96.
Exercise of jurisdiction of Commonwealth Industrial Court.
SECT
96. (1) Subject to the next succeeding sub-section, the jurisdiction of the
Commonwealth Industrial Court with respect to appeals under this Division
shall be exercised by a single Judge.
(2) The Chief Judge of the Court may, if in his opinion an appeal under this
Division involves the determination of a question of law of sufficient
importance, direct that, for the purpose of that appeal, the Court shall be
constituted by three Judges.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 97.
SECT
PART VI-LIABILITIES ARISING OTHERWISE THAN UNDER THIS ACT
Interpretation.
97. For the purposes of this Part-
(a) a reference to damages shall be read as including a reference to an
amount paid under a compromise or settlement of a claim for damages, whether
legal proceedings had been instituted or not, but shall not be read as
including a reference to an amount paid in respect of costs incurred in
connexion with legal proceedings;
(b) damages shall be deemed to have been recovered by an employee or by or
for the benefit of a dependant of a deceased employee when the amount of the
damages was paid to or for the benefit of the employee or dependant, as the
case may be;
(c) a reference to the loss of, or damage to, property used by an employee
shall be read as a reference to the loss of, or damage to, an artificial limb
or other artificial substitute, or a medical, surgical or other similar aid or
appliance, used by the employee, being a loss or damage that arose in
circumstances referred to in section 28 of this Act; and
(d) a reference to an employee or to a dependant of a deceased employee
shall, if the employee or dependant has died, be read, unless the contrary
intention appears, as including a reference to his legal personal
representative.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 98.
Compensation not payable to certain persons entitled to receive Repatriation
benefits.
SECT
Sub-section (1) amended by No. 105, 1973, s. 5.
98. (1) Compensation is not payable under this Act to an employee in respect
of an injury if the employee has received, or is entitled to receive, in
respect of an incapacity resulting from that injury, a pension (other than a
service pension) in pursuance of a determination or assessment made under the
Repatriation Act 1920-1973 (other than Division 10 of Part III), the
Repatriation (Far East Strategic Reserve) Act 1956-1966, the Repatriation
(Special Overseas Service) Act 1962-1968, the Interim Forces Benefits Act
1947-1966 or the Native Members of the Forces Benefits Act 1957-1968.
Amended by No. 105, 1973, s. 5.
(2) Compensation is not payable under this Act for the benefit of a
dependant of a deceased employee in respect of an injury that resulted in the
death of the employee if the dependant, or any other person, has received, or
is entitled to receive, in pursuance of a determination or assessment under
the Repatriation Act 1920-1973 (other than Division 10 of Part III), the
Repatriation (Far East Strategic Reserve) Act 1956-1966, the Repatriation
(Special Overseas Service) Act 1962-1968, the Interim Forces Benefits Act
1947-1966 or the Native Members of the Forces Benefits Act 1957-1968, a
pension (other than a service pension), allowance or benefit (other than a
funeral benefit) that the dependant or other person would not have received,
or been entitled to receive, if the employee had not died.
(3) Compensation is not payable under this Act in respect of the loss of, or
damage to, property used by an employee if the employee has had, or is
entitled to have, the property replaced or repaired under the Repatriation Act
1920-1971, the Repatriation (Far East Strategic Reserve) Act 1956-1966, the
Repatriation (Special Overseas Service) Act 1962-1968, the Interim Forces
Benefits Act 1947-1966 or the Native Members of the Forces Benefits Act
1957-1968.
(4) Where it appears to the Commissioner that-
(a) if a claim for a pension, allowance or benefit in relation to which any
of the last three preceding sub-sections applies (in this sub-section referred
to as a '' repatriation benefit '') were made, the claim would be likely to be
determined favourably to the claimant; or
(b) a pending claim for a repatriation benefit is likely to be so
determined,
and, if the claim were so determined, compensation would not be payable under
this Act in respect of a claim for compensation by reason of any of the last
three preceding sub-sections, the Commissioner may refuse to determine that
claim for compensation until such a claim for a repatriation benefit has been
made and determined or the pending claim for a repatriation benefit has been
determined.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 98A.
Certain persons may request cessation of compensation payments.
SECT
Inserted by No. 105, 1973, s. 6.
98A. (1) Where a determination has been made under this Act in accordance
with which compensation is payable to, or for the benefit of, a person who is
a member of the Forces under Division 10 of Part III of the Repatriation Act
1920-1973 or a dependant of such a member, the person may, by writing under
his hand, request the Commissioner not to pay to, or for the benefit of, the
person an amount of compensation under this Act that the person is, or may
become, entitled to.
(2) Where a request by a person under sub-section (1) is received by the
Commissioner-
(a) an amount of compensation under this Act that is payable to, or for the
benefit of, that person at the time of that receipt, being an amount to which
the request relates, ceases to be so payable; and
(b) an amount of compensation under this Act that would but for this
section, become payable to, or for the benefit of, that person during the
period when the request is in force, being an amount to which the request
relates, does not become so payable.
(3) A person may, by notice in writing to the Commissioner, revoke a request
made by him under sub-section (1) and, on the receipt of the notice by the
Commissioner, the request ceases to be in force.
(4) The revocation of a request under sub-section (3) does not revive any
entitlement to an amount of compensation that had ceased to be payable, or had
not become payable, by reason of the request.
(5) A person who is under a legal disability may not make a request under
sub-section (1) or a revocation of a request under sub-section (3) but a
request under sub-section (1) or a revocation under sub-section (3) may be
made on his behalf by another person whom the Commissioner is satisfied has
the custody, care and control of the person under a legal disability or
otherwise represents that person's interests.
(6) A request or revocation made under sub-section (5) on behalf of a person
under a legal disability by another person shall, for the purposes of this
section, be deemed to have been made by the person under a legal disability.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 99.
Compensation payable where damages recoverable.
SECT
99. (1) If-
(a) an employee recovers damages from the Commonwealth or from any other
person in respect of an injury to the employee or in respect of the loss of,
or damage to, property used by the employee; or
(b) damages are recovered by, or for the benefit of, a dependant of a
deceased employee from the Commonwealth or from any other person in respect of
the death of the employee,
the succeeding provisions of this section have effect.
(2) Subject to this section, the compensation that is payable under this Act
to the employee in respect of the injury, loss or damage or for the benefit of
the dependant in respect of the injury that resulted in the death, as the case
may be, is so much (if any) of the compensation under this Act that, but for
this section, would be so payable as exceeds the amount of the damages
recovered by the employee or by or for the benefit of the dependant, as the
case may be.
(3) Subject to this section, if, before the recovery of the damages by or
for the benefit of the employee or dependant, any compensation under this Act
was paid to the employee in respect of the injury, loss or damage or for the
benefit of the dependant in respect of the injury that resulted in the death,
as the case may be, the employee or dependant is liable to pay to the
Commonwealth the amount of the compensation so paid to him or for his benefit
or, if the amount of the damages recovered by him or for his benefit is less
than the amount of that compensation, the amount of those damages.
(4) If the damages recoverable by the employee or by or for the benefit of
the dependant were reduced by reason that the employee was partly responsible
for the injury or for the loss of, or damage to, property, as the case may be,
the last two preceding sub-sections do not apply but the next three succeeding
sub-sections have effect.
(5) Subject to the next succeeding sub-section, any amount of compensation
under this Act that, but for this section, would be payable to the employee in
respect of the injury, loss or damage or for the benefit of the dependent in
respect of the injury that resulted in the death, as the case may be, shall be
reduced by so much of that amount as bears to that amount the same proportion
as the amount of the damages recovered by or for the benefit of the employee
or dependant bears to the amount of the damages that would have been recovered
by or for the benefit of the employee or dependant if the employee had not
been partly responsible for the injury, loss or damage.
Amended by No. 122, 1972, s. 11.
(6) The last preceding sub-section does not operate to reduce the total of
the amounts of the compensation under this Act that, but for this section,
would be payable to the employee or for the benefit of the dependant by an
amount exceeding the amount of the damages recovered by or for the benefit of
the employee or dependant.
(7) If, before the recovery of the damages by or for the benefit of the
employee or dependant, an amount of compensation under this Act was paid to
the employee in respect of the injury, loss or damage or for the benefit of
the dependant in respect of the injury that resulted in the death, as the case
may be, the employee or dependant is liable to pay to the Commonwealth so much
of that amount as would not, by reason of the last two preceding sub-sections,
have been paid if that amount had become payable immediately after the damages
were recovered.
(8) Where-
(a) a person is liable to pay an amount to the Commonwealth under this
section; and
(b) the Commissioner or any other person holds on behalf of the
first-mentioned person-
(i) moneys being compensation payable for the benefit of, or damages
awarded to, the first-mentioned person; or
(ii) investments acquired out of moneys of a kind referred to in the
last preceding sub-paragraph,
the Commissioner or other person shall deduct from the moneys held by him, or
shall realize the investments held by him and deduct from the proceeds of the
realization, an amount not exceeding the amount that the first-mentioned
person is liable to pay to the Commonwealth under this section and shall pay
the amount so deducted to the Commonwealth, and the payment of that amount is,
to the extent of the amount paid, a discharge of the liability of the
first-mentioned person to the Commonwealth and of the Commissioner or other
person to the first-mentioned person.
(9) A reference in sub-section (3) or sub-section (7) of this section to
compensation under this Act that was paid for the benefit of a dependant does
not include a reference to compensation paid under sub-section (5) or (7) of
section 43 of this Act.
Added by No. 105, 1973, s. 7.
(10) This section does not apply in relation to an amount of damages that
has been paid to Australia in accordance with section 107T of the Repatriation
Act 1920-1973.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 100.
Dependants not claiming compensation.
SECT
Sub-section (1) amended by No. 105, 1973, s. 8.
100. (1) Where-
(a) a determination has been made under this Act in accordance with which
the Commonwealth is liable to pay compensation in respect of an injury that
resulted in the death of an employee; and
(b) damages in respect of the death of the employee are recovered from the
Commonwealth or from any other person by or for the benefit of a dependant of
the deceased employee by whom or on whose behalf a claim for compensation
under this Act in respect of that injury has not been made or by whom or on
whose behalf a request under section 98A relating to compensation under this
Act in respect of that injury has been made (in this section referred to as a
''prescribed dependant''),
the next two succeeding sub-sections have effect in relation to that
prescribed dependant.
(2) If that prescribed dependant is the only prescribed dependant, he is
liable to pay to the Commonwealth-
(a) the amount of the compensation referred to in paragraph (a) of the last
preceding sub-section; or
(b) the amount of the damages recovered by him,
whichever is the less.
(3) If that prescribed dependant is not the only prescribed dependant, he is
liable to pay to the Commonwealth-
(a) an amount that bears to the amount of the compensation referred to in
paragraph (a) of sub-section (1) of this section the same proportion as the
amount of the damages recovered by him bears to the total of the amounts of
the damages recovered by all prescribed dependants from the Commonwealth or
from any other person in respect of the death of the employee; or
(b) the amount of the damages recovered by him,
whichever is the less.
(4) For the purposes of the last two preceding sub-sections, the amount of
compensation referred to in paragraph (a) of sub-section (1) of this section-
(a) shall be deemed not to include-
(i) any amount of compensation that the Commonwealth is liable to pay
for the benefit of a dependant of the deceased employee who is not entitled to
recover damages in respect of the death of the employee (including a dependant
who is not entitled to recover damages by reason of the operation of a statute
of limitations); and
(ii) any amount of compensation payable under sub-section (5) or (7) of
section 43 of this Act; and
(b) shall be deemed to be reduced by any amount that a dependant of the
deceased employee is liable to pay to the Commonwealth under the last
preceding section.
(5) If the damages recovered by a prescribed dependant of a deceased
employee were reduced by reason that the employee was partly responsible for
the injury, a reference in sub-section (2) or (3) of this section to the
amount of the damages recovered by that prescribed dependant shall be read as
a reference to so much only of that amount as bears to that amount the same
proportion as that amount bears to the amount of the damages that would have
been recovered by that prescribed dependant if the employee had not been
partly responsible for the injury.
(6) Where-
(a) a person is liable to pay an amount to the Commonwealth under this
section; and
(b) the Commissioner or any other person holds on behalf of the
first-mentioned person-
(i) moneys being compensation payable for the benefit of, or damages
awarded to, the first-mentioned person; or
(ii) investments acquired out of moneys of a kind referred to in the
last preceding sub-paragraph,
the Commissioner or other person shall deduct from the moneys held by him, or
shall realize the investments held by him and deduct from the proceeds of the
realization, an amount not exceeding the amount that the first-mentioned
person is liable to pay to the Commonwealth under this section and shall pay
the amount so deducted to the Commonwealth, and the payment of that amount is,
to the extent of the amount paid, a discharge of the liability of the
first-mentioned person to the Commonwealth and of the Commissioner or other
person to the first-mentioned person.
Added by No. 105, 1973, s. 8.
(7) This section does not apply in relation to an amount of damages that has
been paid to Australia in accordance with section 107T of the Repatriation Act
1920-1973.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 101.
Power of Commonwealth to request proceedings to be taken against third party
or to take such proceedings itself.
SECT
101. (1) Where-
(a) an amount of compensation under this Act-
(i) is paid to an employee in respect of an injury to the employee or
in respect of the loss of, or damage to, property used by the employee; or
(ii) is paid for the benefit of a dependant of a deceased employee in
respect of an injury that resulted in the death of the employee;
(b) the injury, loss, damage or death occurred in circumstances that appear
to create a legal liability in a person other than the Commonwealth to pay
damages in respect of the injury, loss, damage or death; and
(c) proceedings against that person for the purpose of recovering such
damages have not been instituted by the employee or by or for the benefit of
the dependant, or have been so instituted but have been discontinued or have
not been properly prosecuted,
the Commonwealth may request the employee or dependant to institute
proceedings or fresh proceedings against that person for that purpose or
properly to prosecute the proceedings, as the case may be.
(2) Where an employee or dependant is requested in accordance with the last
preceding sub-section to institute proceedings against a person-
(a) if the employee or dependant refuses, or fails within a reasonable time
after the making of the request, to institute the proceedings or, having
instituted the proceedings, discontinues the proceedings-the Commonwealth may
institute proceedings or fresh proceedings, as the case may be, against the
person in the name of the employee or dependant for the recovery of damages in
respect of the injury, loss, damage or death; or
(b) if the employee or dependant, having instituted the proceedings, fails
properly to prosecute the proceedings-the Commonwealth may take over the
conduct of the proceedings.
(3) Where an employee or dependant who is requested in accordance with
sub-section (1) of this section properly to prosecute proceedings instituted
against a person refuses, or fails within a reasonable time after the making
of the request, to do so, the Commonwealth may take over the conduct of the
proceedings.
(4) The Commonwealth is liable to pay all costs of or incidental to
proceedings referred to in any of the last three preceding sub-sections, being
costs payable by the plaintiff in those proceedings, but not including costs
unreasonably incurred by the plaintiff.
(5) Where, in accordance with this section, the Commonwealth institutes
proceedings in the name of an employee or dependant or takes over the conduct
of proceedings that have been instituted in the name of an employee or
dependant-
(a) the Commonwealth may-
(i) settle the proceedings either with or without obtaining judgment in
the proceedings; and
(ii) if a judgment is obtained in the proceedings in favour of the
plaintiff-take such steps as are necessary to enforce that judgment; and
(b) the employee or dependant shall sign any document relevant to the
proceedings, including the settlement of the proceedings, that the
Commonwealth requires him to sign and, if he fails to sign any such document,
the court or tribunal in which the proceedings are being taken may direct that
that document be signed on his behalf by a person appointed by the
Commonwealth for the purpose.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 102.
Payment of damages by persons to Australia.
SECT
102. (1) Where a person other than the Commonwealth appears to be liable-
(a) to pay damages to an employee in respect of an injury to the employee,
or in respect of the loss of, or damage to, property used by the employee,
being an injury, loss or damage in respect of which an amount of compensation
has been paid under this Act; or
(b) to pay damages to a dependant of a deceased employee in respect of the
death of the employee, being death that resulted from an injury in respect of
which an amount of compensation has been paid under this Act,
the Commonwealth may, by notice in writing to the person, require the person,
in the event of the person agreeing to pay damages to the employee in respect
of the injury, loss or damage or to the dependant in respect of the death or
in the event of damages against the person being awarded to the employee in
proceedings instituted in respect of the injury, loss or damage or to the
dependant in proceedings instituted in respect of the death, to pay to the
Commonwealth so much of the amount of the damages as does not exceed the
amount that would be payable by the employee or dependant to the Commonwealth
under section 99 or 100 of this Act if the damages had been paid to or in
respect of the employee or dependant, and the person shall comply with the
notice.
(2) Subject to the next succeeding sub-section, where-
(a) a person other than the Commonwealth has agreed-
(i) to pay damages to an employee in respect of an injury to the
employee, or in respect of the loss of, or damage to, property used by the
employee, being an injury, loss or damage in respect of which an amount of
compensation has been paid under this Act; or
(ii) to pay damages to a dependant of a deceased employee in respect of
the death of the employee, being death that resulted from an injury in respect
of which an amount of compensation has been paid under this Act; or
(b) damages against a person other than the Commonwealth have been
awarded-
(i) to an employee in proceedings instituted in respect of an injury to
the employee or in respect of the loss of, or damage to, property used by the
employee, being an injury, loss or damage in respect of which an amount of
compensation has been paid under this Act; or
(ii) to a dependant of a deceased employee in proceedings instituted in
respect of the death of the employee, being death that resulted from an injury
in respect of which an amount of compensation has been paid under this Act,
the Commonwealth may, by notice in writing to the person, require the person
to pay to the Commonwealth so much of the amount of the damages as does not
exceed the amount that would be payable by the employee or dependant to the
Commonwealth under section 99 or 100 of this Act if the damages had been paid
to or in respect of the employee or dependant, and the person shall comply
with the notice.
(3) Where, before a notice under the last preceding sub-section was received
by a person, the person had paid to or in respect of the employee or dependant
the whole or any part of the damages to which the notice related-
(a) if the whole of the damages had been paid-the notice has no force or
effect; or
(b) if a part only of the damages had been paid-the reference in that
sub-section to the amount of the damages shall be read as a reference to so
much of that amount as had not been paid.
(4) If a person fails to pay an amount to the Commonwealth in pursuance of a
notice under this section, the Commonwealth may recover that amount from the
person as a debt due to the Commonwealth by action in a court of competent
jurisdiction.
(5) The payment of an amount to the Commonwealth by a person in pursuance of
a notice under this section is, to the extent of the amount paid, a discharge
of the liability of that person to the employee or dependant and of the
liability (if any) of the employee or dependant to the Commonwealth under
section 99 or 100 of this Act.
Added by No. 105, 1973, s. 9.
(6) In this section, unless the contrary intention appears, ''damages'' does
not include any amount that has been paid to Australia in pursuance of a
notice under section 107T of the Repatriation Act 1920-1973.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 103.
Compensation not payable both under Act and under determination.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
103. (1) In this section, ''determination'' means a determination, award or
order by which provision is made for or in relation to the grant of any
benefits to or in relation to employees or their dependants in respect of
injury or disease causing death or incapacity, or in respect of the loss of,
or damage to, property, in circumstances connected with the employment of
those employees, being-
(a) a determination made under the Public Service Arbitration Act
1920-1969;
(b) an award or order made under the Conciliation and Arbitration Act
1904-1970; or
(c) a determination, award or order made by a prescribed person, tribunal
or body under a law of the Commonwealth or of a Territory.
(2) A person who would, but for this section, be entitled to compensation
under this Act and to benefits under a determination in respect of the same
injury, or in respect of the same loss of, or damage to, property, is not
entitled to receive both compensation under this Act and benefits under the
determination but shall elect whether to receive the compensation or the
benefits.
(3) An employee who has made an election under the last preceding
sub-section may revoke the election and make a fresh election to receive
either compensation under this Act or benefits under the determination but a
fresh election so made by an employee is irrevocable.
(4) Where, in accordance with the last preceding sub-section, an employee
revokes an election and makes a fresh election to receive either compensation
under this Act or benefits under the determination but compensation is not
payable under this Act, or benefits are not payable under the determination,
as the case may be, in respect of the injury or loss of, or damage to,
property, the revocation and fresh election shall be treated as not having
been made.
(5) Where an employee revokes an election and makes a fresh election in
accordance with sub-section (3) of this section, the fresh election has effect
only in relation to a period after the date of the election.
(6) Where an employee who has made an election under sub- section (2) of
this section to receive benefits under a determination revokes the election
and makes a fresh election in accordance with sub-section (3) of this section
to receive compensation under this Act, a claim in writing for the
compensation that is served on the Commissioner within six months after the
date of the fresh election shall be deemed to have been served within the
period prescribed for the purposes of sub-section (1) of section 54 of this
Act.
(7) Where an employee who has made an election under sub- section (2) or
sub-section (3) of this section dies, the election does not have effect in
relation to his dependants.
(8) The regulations may exclude a determination specified in the regulations
from the operation of this section.
Application of Act to pre-existing injuries and diseases.
SECT
PART VII-TRANSITIONAL
104. (1) Subject to this Part, this Act other than section 120 applies in
relation to an injury sustained, a disease contracted, or an aggravation,
acceleration or recurrence of a disease suffered, by an employee before the
proclaimed date as it applies in relation to an injury sustained, a disease
contracted, or an aggravation, acceleration or recurrence of a disease
suffered, by an employee on or after that date.
(2) The last preceding sub-section does not entitle a person to receive
compensation under this Act in respect of an injury sustained before the
proclaimed date, or in respect of a disease, or an aggravation, acceleration
or recurrence of a disease, symptoms of which first became apparent before
that date, if compensation was not payable in respect of that injury, that
disease or that aggravation, acceleration or recurrence, as the case may be-
(a) in the case of an injury sustained, or a disease or an aggravation,
acceleration or recurrence of a disease, symptoms of which first became
apparent, before the commencement of the Commonwealth Employees' Compensation
Act 1930-under the Commonwealth Workmen's Compensation Act 1912; or
(b) in any other case-under the Commonwealth Employees' Compensation Act
1930, or that Act as amended, as in force at the time when the injury was
sustained or symptoms of the disease, or of the aggravation, acceleration or
recurrence, first became apparent.
(3) Sub-section (1) of this section does not entitle a person to receive
compensation under section 39 of this Act in respect of a loss referred to in
that section, or under sub-section (3) or sub-section (4) of section 43 of
this Act in respect of the death of an employee, being a loss or death that
occurred before the proclaimed date, if-
(a) that person has received compensation by way of a lump sum in respect
of that loss or death under the Commonwealth Workmen's Compensation Act 1912
or under the Commonwealth Employees' Compensation Act 1930 or that Act as
amended; or
(b) that person was not entitled to receive compensation by way of a lump
sum in respect of that loss or death-
(i) in the case of a loss or death that occurred before the
commencement of the Commonwealth Employees' Compensation Act 1930-under the
Commonwealth Workmen's Compensation Act 1912; or
(ii) in any other case-under the Commonwealth Employees' Compensation
Act 1930, or that Act as amended, as in force at the time when the loss or
death occurred.
(4) The amount of the compensation, if any, that a person is, by virtue of
sub-section (1) of this section, entitled to receive under section 39 of this
Act in respect of a loss referred to in that section, or under sub-section (3)
or sub-section (4) of section 43 of this Act in respect of the death of an
employee, being a loss or death that occurred before the proclaimed date,
shall not exceed the amount of the compensation by way of a lump sum that
would, if this Act other than Part VIII had not been enacted, have been
payable to that person in respect of that loss or death-
(a) in the case of a loss or death that occurred before the com- mencement
of the Commonwealth Employees' Compensation Act 1930-under the Commonwealth
Workmen's Compensation Act 1912; or
(b) in any other case-under the Commonwealth Employees' Compensation Act
1930, or that Act as amended, as in force at the time when the loss or death
occurred.
(5) Sub-section (1) of this section does not entitle a person to receive
compensation under section 40, 41 or 42 of this Act in respect of a loss or
disfigurement that occurred before the proclaimed date.
(6) Sub-section (1) of this section does not entitle a person to receive
compensation under section 48 of this Act in respect of a period that occurred
before the proclaimed date.
(7) Sub-section (1) of this section does not entitle a person to receive
compensation under sub-section (5) of section 43 of this Act in respect of the
death of an employee, or under section 45, 46, 47 or 50 of this Act in respect
of an incapacity, where the compensation relates to a period that occurred
before the proclaimed date, if-
(a) that person has received weekly payments of compensation in respect of
that death or incapacity in respect of that period under the Commonwealth
Workmen's Compensation Act 1912 or under the Commonwealth Employees'
Compensation Act 1930 or that Act as amended; or
(b) that person was not entitled to receive weekly payments of compensation
in respect of that death or incapacity in respect of that period-
(i) in the case of a death or period of incapacity that occurred before
the commencement of the Commonwealth Employees' Compensation Act 1930-under
the Commonwealth Workmen's Compensation Act 1912; or
(ii) in any other case-under the Commonwealth Employees' Compensation
Act 1930, or that Act as amended, as in force at the time of the death or
during the period of incapacity.
(8) The rate of compensation, if any, that a person is, by virtue of
sub-section (1) of this section, entitled to receive under sub-section (5) of
section 43 of this Act in respect of the death of an employee, or under
section 45, 46, 47 or 50 of this Act in respect of an incapacity, where the
compensation relates to a period that occurred before the proclaimed date,
shall not exceed the rate of compensation that would, if this Act other than
Part VIII had not been enacted, have been payable to that person in respect of
that period-
(a) in the case of a period that occurred before the commencement of the
Commonwealth Employees' Compensation Act 1930-under the Commonwealth Workmen's
Compensation Act 1912; or
(b) in any other case-under the Commonwealth Employees' Compensation Act
1930, or that Act as amended, as in force during that period.
(9) Sub-section (1) of this section does not entitle a person to receive
compensation under sub-section (1) or sub-section (7) of section 37 or section
44 of this Act in respect of any cost the liability to pay which arose, or any
expenditure that was incurred, before the proclaimed date if-
(a) an amount was paid in respect of that cost or expenditure under the
Commonwealth Workmen's Compensation Act 1912 or under the Commonwealth
Employees' Compensation Act 1930 or that Act as amended; or
(b) an amount was not payable in respect of that cost or expenditure-
(i) in the case of any cost the liability to pay which arose, or any
expenditure that was incurred, before the commencement of the Commonwealth
Employees' Compensation Act 1930-under the Commonwealth Workmen's Compensation
Act 1912; or
(ii) in any other case-under the Commonwealth Employees' Compensation
Act 1930, or that Act as amended, as in force at the time when the liability
to pay the cost arose or the expenditure was incurred.
(10) The amount of the compensation, if any, that is, by virtue of
sub-section (1) of this section, payable under sub-section (1) or sub-section
(7) of section 37 or section 44 of this Act in respect of the cost of medical
treatment, or of expenditure incurred in relation to obtaining medical
treatment, or in respect of the cost of a funeral, being cost the liability to
pay which arose, or expenditure that was incurred, before the proclaimed date,
shall not exceed the amount that, if this Act other than Part VIII had not
been enacted, would have been payable in respect of that cost or expenditure-
(a) in the case of any cost the liability to pay which arose, or any
expenditure that was incurred, before the commencement of the Commonwealth
Employees' Compensation Act 1930-under the Commonwealth Workmen's Compensation
Act 1912; or
(b) in any other case-under the Commonwealth Employees' Compensation Act
1930, or that Act as amended, as in force at the time when the liability to
pay the cost arose or the expenditure was incurred.
(11) Sub-section (1) of this section does not entitle a person to receive
compensation under sub-section (3) or sub-section (9) of section 37 of this
Act in respect of any cost the liability to pay which arose, or any
expenditure that was incurred, before the proclaimed date.
(12) Where-
(a) in respect of an injury sustained, or a disease, or an aggravation,
acceleration or recurrence of a disease, symptoms of which first became
apparent, before the commencement of the Commonwealth Employees' Compensation
Act 1930, proceedings for the recovery of compensation under the Commonwealth
Workmen's Compensation Act 1912 were not maintainable by a person by reason of
section 5 of that Act; or
(b) in respect of an injury sustained, or a disease, or an aggravation,
acceleration or recurrence of a disease, symptoms of which first became
apparent, after the commencement of the Commonwealth Employees' Compensation
Act 1930 and before the proclaimed date, a claim for compensation by a person
under the Commonwealth Employees' Compensation Act 1930, or under that Act as
amended, was not admissible by reason of section 16 of that Act, or of that
Act as amended,
sub-section (1) of this section does not entitle that person to receive
compensation under this Act in respect of that injury, that disease or that
aggravation, acceleration or recurrence, as the case may be.
(13) Section 99 of this Act does not apply by virtue of sub-section (1) of
this section where the damages referred to in that section were recovered
before the proclaimed date.
(14) Section 100 of this Act does not apply in relation to a prescribed
dependant where that depandant recovered the damages referred to in that
section before the proclaimed date.
(15) For the purposes of the application of this Act by virtue of
sub-section (1) of this section in relation to an injury sustained before the
proclaimed date, or in relation to a disease, or an aggravation, acceleration
or recurrence of a disease, symptoms of which first became apparent before
that date-
(a) the weekly pay of the employee at the date of the injury, as
ascertained in accordance with the Commonwealth Employees' Compensation Act
1930-1971, shall be treated for the purposes of Part III as being the average
weekly earnings of the employee before the injury; and
(b) section 46 of this Act has effect as if sub-section (4) of that section
were omitted.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 105.
Payments under previous Act.
SECT
105. (1) Any payment made by the Commonwealth before the proclaimed date in
respect of a liability of the Commonwealth under the Commonwealth Workmen's
Compensation Act 1912, or under the Commonwealth Employees' Compensation Act
1930 or that Act as amended, in respect of an injury, a disease or an
aggravation, acceleration or recurrence of a disease shall be deemed to have
been made in respect of the corresponding liability of the Commonwealth to
make such a payment under this Act in respect of that injury, that disease or
that aggravation, acceleration or recurrence.
(2) Without limiting by implication the generality of the last preceding
sub-section, any payment referred to in that sub-section that had effect as a
redemption of a liability of the Commonwealth referred to in that sub-section
has effect as a redemption under section 49 of this Act of the corresponding
liability of the Commonwealth referred to in that sub-section.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 106.
Notices, claims, &c., under previous Acts.
SECT
106. (1) A notice duly given or served before the proclaimed date under
section 5 of the Commonwealth Workmen's Compensation Act 1912, or under
section 16 of the Commonwealth Employees' Compensation Act 1930 or that Act as
amended, in relation to an accident shall be deemed to be a notice duly served
on the Commonwealth under section 53 of this Act in relation to the injury or
injuries that resulted from the accident.
(2) A claim for compensation duly made before the proclaimed date under the
Commonwealth Workmen's Compensation Act 1912 or under the Commonwealth
Employees' Compensation Act 1930 or that Act as amended shall be deemed to be
a claim for compensation duly made under this Act.
(3) Where a requirement was made under section 19 of the Commonwealth
Employees' Compensation Act 1930, or that Act as amended, that an employee
submit himself for examination by a medical referee or other legally qualified
medical practitioner but the requirement had not been complied with before the
proclaimed date, the requirement continues to have effect as it it had been
made by the Commissioner under sub-section (1) of section 58 of this Act and
the medical referee or medical practitioner were a medical referee or medical
practitioner duly nominated under that sub-section.
(4) A certificate duly given before the proclaimed date by a medical board
under section 19 of the Commonwealth Employees' Compensation Act 1930, or that
Act as amended, shall be deemed to be a joint certificate duly given under
section 59 of this Act by all the members of a medical board duly constituted
under this Act.
(5) An election made by an employee under section 15 of the Commonwealth
Employees' Compensation Act 1930 or that Act as amended shall-
(a) in the case of an election to take compensation or benefits under a
determination referred to in that section-be deemed to be an election made
under sub-section (2) of section 103 of this Act to receive benefits under
that determination; or
(b) in the case of an election to take compensation or benefits under that
Act-be deemed to be an election made under sub-section (2) of section 103 of
this Act to receive compensation under this Act,
but sub-section (3) of section 103 of this Act does not apply in relation to
that election.
(6) A request to an employee made by the Commissioner before the proclaimed
date under paragraph (b) of sub-section (1) of section 17 of the Commonwealth
Employees' Compensation Act 1930-1951 or that Act as amended shall be deemed
to be a request made by the Commonwealth to the employee under sub-section (1)
of section 101 of this Act.
(7) A notice given to a person by the Commonwealth before the proclaimed
date under paragraph (d) of sub-section (1) of section 17 of the Commonwealth
Employees' Compensation Act 1930-1951 or that Act as amended shall be deemed
to be a notice given by the Commonwealth to that person under sub-section (1)
of section 102 of this Act.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 107.
Determinations under previous Acts.
SECT
107. (1) Any settlement, whether by agreement, arbitration or judicial
decision, effected under the Commonwealth Workmen's Compensation Act 1912 and
having force or effect immediately before the proclaimed date, being a
settlement of the liability of the Commonwealth to pay compensation or make
any other payment under that Act in respect of an injury or disease, shall be
deemed to be a determination made by the Commissioner under this Act in
respect of the corresponding liability of the Commonwealth to pay compensation
or make a similar payment under this Act in respect of that injury or disease,
but section 61 of this Act and Part V do not apply in relation to that
settlement.
(2) Subject to this section, any determination made or action taken by, or
by a delegate of, a person who held office as Commissioner for Employees'
Compensation under the Commonwealth Employees' Compensation Act 1930, or that
Act as amended, and having force or effect immediately before the proclaimed
date, being a determination or action in respect of the liability of the
Commonwealth to pay compensation or make any other payment under that Act, or
that Act as amended, in respect of an injury or disease, or an aggravation,
acceleration or recurrence of a disease, shall be deemed to be a determination
made by the Commissioner under this Act in respect of the corresponding
liability of the Commonwealth to pay compensation or make a similar payment
under this Act in respect of that injury, that disease or that aggravation,
acceleration or recurrence.
(3) Where a determination or action referred to in the last preceding
sub-section has been or is varied by a court on an appeal, the last preceding
sub-section has effect in relation to that determination or action as so
varied.
(4) Except as provided by the succeeding provisions of this section, section
61 of this Act and Part V do not apply in relation to a determination or
action to which sub-section (2) of this section applies.
(5) Subject to this section, the repeals effected by sub-section (1) of
section 4 of this Act do not affect any application that, by virtue of section
8 of the Acts Interpretation Act 1901-1966, section 20 of the Commonwealth
Employees' Compensation Act 1930-1971 may have in relation to a determination
or action to which sub-section (2) of this section applies.
(6) Where no person affected by a determination or action to which
sub-section (2) of this section applies had, before the proclaimed date,
instituted an appeal in a County Court against that determination or action
under the Acts repealed by this Act but the time for instituting such an
appeal had not expired before that date, section 20 of the Commonwealth
Employees' Compensation Act 1930-1971 does not, by virtue of section 8 of the
Acts Interpretation Act 1901-1966, apply in relation to that determination or
action but section 61 of this Act and Part V apply.
(7) The reference in the last preceding sub-section to the time for
instituting an appeal not having expired before the proclaimed date does not
include a reference to the time for instituting an appeal not having expired
by reason that a County Court has allowed further time for the institution of
the appeal.
(8) Where-
(a) an appeal was, before the proclaimed date, instituted in a County Court
against a determination or action to which sub-section (2) of this section
applies and that appeal was not determined before that date; or
(b) the time for instituting an appeal in a County Court against a
determination or action to which sub-section (2) of this section applies
expired before the proclaimed date but a County Court allowed or allows
further time for the institution of the appeal and the appeal is, on or after
that date, instituted within that further time,
the appeal shall be deemed to be an application duly made under Part V for a
judicial review of the determination and, if the County Court is not a
prescribed Court, that Part applies as if the County Court were a prescribed
Court.
(9) For the purposes of the application of Part V in relation to a
determination or action to which sub-section (6) of this section applies, the
references in paragraph (c) of sub-section (1) of section 76, and sub-section
(1) of section 90, of this Act to the date of service of a copy of a
determination shall be read as references to the date of service of the notice
referred to in paragraph (c) of sub-section (1) of section 61 of this Act.
(10) Where a judgment or order of a County Court was given or made before
the proclaimed date in an appeal instituted under sub-section (1) of section
20 of the Commonwealth Employees' Compensation Act 1930-1971 and an appeal has
not been instituted before that date against that judgment or order, Division
5 of Part V applies in relation to that judgment or order as if the judgment
or order were a judgment or order of a prescribed Court under that Part.
(11) In this section, '' County Court '' has the same meaning as in the
Commonwealth Employees' Compensation Act 1930-1971.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 108.
Moneys and investments held under repealed Acts.
SECT
108. (1) All moneys and investments that the person who held office as
Commissioner for Employees' Compensation under section 5 of the Commonwealth
Employees' Compensation Act 1930-1971 held immediately before the proclaimed
date by virtue of his holding that office are, by force of this sub-section,
vested in the Commissioner and shall be held for the benefit of the person or
persons for whose benefit the moneys and investments were held immediately
before that date.
(2) A bank account in which any such moneys are held shall be deemed to be
an account maintained under section 21 of this Act.
(3) Any accounts and records kept in relation to moneys and investments
referred to in sub-section (1) of this section shall, for the purposes of
section 23 of this Act, be deemed to be kept in accordance with section 22 of
this Act.
(4) All moneys and investments that a prescribed authority held immediately
before the proclaimed date by virtue of a payment made to that authority under
the First Schedule to the Commonwealth Workmen's Compensation Act 1912 or that
a trustee held immediately before that date by virtue of an appointment under
paragraph (7) of the First Schedule to the Commonwealth Employees'
Compensation Act 1930 or that Act as amended are, by force of this
sub-section, vested in the Commissioner and shall be held for the benefit of
the person or persons for whose benefit the moneys and investments were held
immediately before that date.
(5) As soon as practicable after the proclaimed date, any authority or
trustee referred to in the last preceding sub-section shall pay or transfer to
the Commissioner any moneys or investments held by him in relation to which
that sub-section applies.
Part VIII (ss. 109-114) repealed by No. 216, 1973, s. 3.*
* * * * * * * *
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 115.
Jurisdiction of courts with respect to extra-territorial offences.
SECT
PART IX-MISCELLANEOUS
115. (1) This section applies in relation to offences against this Act
committed outside Australia.
Amended by No. 216, 1973, s. 3.
(2) Subject to the succeeding provisions of this section, the several courts
of the States are invested with federal jurisdiction, and jurisdiction is
conferred on the several courts of the external Territories, with respect to
offences in relation to which this section applies.
(3) The jurisdiction invested in, or conferred on, courts by the last
preceding sub-section is invested or conferred within the limits (other than
limits having effect by reference to the places at which offences are
committed) of their several jurisdictions, whether those limits are as to
subject-matter or otherwise.
Amended by No. 216, 1973, s. 3.
(4) Jurisdiction with respect to an offence is not conferred by this section
on a court of an external Territory unless the offence was committed in that
Territory.
(5) Subject to this section, the Judiciary Act 1903-1969 applies in relation
to offences in relation to which this section applies.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 116.
Moneys paid to Commissioner for benefit of person.
SECT
116. (1) Where any moneys are payable under this Act to an employee who is
under a legal disability, the moneys shall be paid to, or in accordance with
the directions of, the Commissioner for the benefit of the employee and, when
so paid, shall, for the purposes of this Act other than this section, be
deemed to have been paid to the employee.
Amended by No. 216, 1973, s. 3.
(2) Where moneys are held by the Commissioner under this Act for the benefit
of a person, the Commissioner shall, subject to the next two succeeding
sub-sections, invest the moneys in any manner for the time being allowed by an
Act, a State Act or an Ordinance of a Territory for the investment of trust
moneys, and income resulting from any such investment shall be deemed to form
part of the first-mentioned moneys.
(3) The Commissioner may, in his discretion, pay any moneys referred to in
the last preceding sub-section to the person or in accordance with the
directions of the person or apply the moneys, in such manner as he thinks fit,
for the benefit of the person.
(4) Where moneys are held by the Commissioner for the benefit of an employee
who is under a legal disability, the Commissioner shall, when the employee
ceases to be under a legal disability, pay the moneys to the employee or in
accordance with the directions of the employee or, if the moneys have been
invested, deal with the investments in accordance with the directions of the
employee.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 117.
Provisions applicable on death of beneficiary.
SECT
117. (1) Subject to this section, where a determination is made that an
amount of compensation under this Act is payable to a person and the person
dies before the amount is paid, the amount forms part of the estate of the
person.
(2) Subject to the succeeding provisions of this section, where the
Commissioner holds any moneys or investments for the benefit of a person in
pursuance of this Act and that person dies, those moneys or investments form
part of the estate of that person.
(3) Where, upon the death of the person, the amount of compensation referred
to in sub-section (1) of this section would be bona vacantia, that sub-section
does not apply and, subject to sub-section (5) of this section, if the amount
of compensation is held by the Commissioner, he shall repay the amount to the
Commonwealth.
(4) Where, upon the death of the person, the moneys or investments referred
to in sub-section (2) of this section would be bona vacantia, that sub-section
does not apply and, subject to the next succeeding sub- section, the
Commissioner shall repay the moneys, or shall realize the investments and pay
the proceeds of the realization, as the case may be, to the Commonwealth.
(5) Nothing in any of the preceding sub-sections of this section prevents
the Commissioner from making a determination under sub-section (4) of section
20 of this Act that has the effect of rendering those sub- sections
inoperative in a particular case.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 118.
Assignment, set-off or attachment of compensation.
SECT
118. (1) An assignment of any compensation payable under this Act is void as
against the Commonwealth.
(2) Except as provided by this Act, an amount payable by an employee or a
dependant of a deceased employee to the Commonwealth shall not be set off
against the amount of any compensation payable under this Act to the employee
or for the benefit of the dependant.
(3) Except as provided by the Maintenance Orders (Commonwealth Officers) Act
1966 or the Matrimonial Causes Act 1959-1966, any compensation payable under
this Act is not subject to attachment.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 119.
Recovery of overpayments.
SECT
119. (1) Where-
(a) an amount of compensation under this Act has been paid to a person in
consequence of a false or misleading statement or representation or in
consequence of a failure or omission to comply with a provision of this Act;
(b) an amount of compensation that has been paid to a person under this Act
should not have been paid; or
(c) a person is liable to pay an amount to the Commonwealth under this
Act,
the amount concerned is recoverable by the Commonwealth from the person as a
debt due to the Commonwealth by action in a court of competent jurisdiction.
(2) Where an amount is recoverable by the Commonwealth from a person in
pursuance of the last preceding sub-section and an amount is payable under
this Act to or for the benefit of that person, the first- mentioned amount may
be deducted from the second-mentioned amount.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 119A.
Deduction of overpayments of Repatriation pensions.
SECT
Inserted by No. 105, 1973, s. 10.
119A. (1) Where-
(a) an amount of pension under the Repatriation Act 1920-1973 in respect of
the incapacity or death of a member of the Forces within the meaning of
Division 10 of Part III of that Act has been paid to a person; and
(b) that amount is not payable to that person by virtue of section 107R of
that Act,
that amount is recoverable from that person by deduction from any payments by
way of compensation payable to that person under this Act in respect of an
injury from which the incapacity of the member has resulted or in respect of
the death of the member.
(2) For the purposes of sub-section (1), a person authorized by the
Repatriation Commission may, by writing under his hand, certify-
(a) that an amount specified in the certificate has been paid by way of
pension under the Repatriation Act 1920-1973 to a person specified in the
certificate;
(b) that that amount was paid in respect of the incapacity or death of a
person specified in the certificate;
(c) that the person referred to in paragraph (b) is a member of the Forces
within the meaning of Division 10 of Part III of that Act; and
(d) that, by virtue of section 107R of that Act, the amount referred to in
paragraph (a) is not payable to the person referred to in paragraph (a).
(3) In proceedings under sub-section (1), a certificate under sub- section
(2) is prima facie evidence of the matters certified.
(4) Nothing in this section prevents the recovery of an amount referred to
in sub-section (1) otherwise than in accordance with that sub- section, but an
amount shall not be recovered twice.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 120.
Compensation payable to locally engaged overseas employees.
SECT
120. (1) This section applies to employees who were engaged outside
Australia for employment outside Australia and are performing the duties of
their employment outside Australia.
(2) Where a compensation scheme in force in a country other than Australia
is applicable (whether by virtue of contributions made by the Commonwealth
under the scheme or otherwise) in respect of the employment by the
Commonwealth in that country of employees to whom this section applies, or of
employees included in a class of such employees, or such a compensation scheme
would, but for this Act, be so applicable, this Act does not apply in respect
of the employment by the Commonwealth in that country of those employees, or
of employees included in that class of employees, as the case may be.
(3) Where a compensation scheme in force in a country other than Australia
is not, and, if this Act had not been enacted, would not be, applicable in
respect of the employment by the Commonwealth in that country of employees
included in a class of employees to whom this section applies, but that
compensation scheme is applicable (whether by virtue of contributions made by
the Commonwealth under the scheme or otherwise) in respect of the employment
by the Commonwealth in that country of employees included in another class of
employees to whom this section applies or that compensation scheme would, but
for this Act, be so applicable, that compensation scheme shall be deemed to be
applicable in respect of the employment by the Commonwealth in that country of
employees included in the first-mentioned class of employees and the
Commonwealth is, subject to the next succeeding sub-section, liable to provide
benefits for employees included in that class of employees in accordance with
that compensation scheme in respect of their employment by the Commonwealth in
that country.
(4) The regulations may provide that a compensation scheme referred to in
the regulations, being a compensation scheme in force in a country other than
Australia, is, for the purposes of the liability of the Commonwealth under the
last preceding sub-section to provide benefits in accordance with that
compensation scheme in respect of the employment by the Commonwealth in that
country of employees included in a class of employees to whom this section
applies, to have effect subject to such modifications or additions (if any) as
are specified in the regulations, but so that the benefits provided will not
be less favourable than the benefits provided under that compensation scheme
in respect of the employment by the Commonwealth in that country of other
employees to whom this section applies.
(5) Where, in a country other than Australia, there is no compensation
scheme in force that is, or, but for this Act, would be, applicable in respect
of the employment by the Commonwealth in that country of employees to whom
this section applies, but there is a compensation scheme in force in that
country that is applicable in respect of persons employed by the Government of
that country, or persons included in a class of such persons, that
compensation scheme shall be deemed to be applicable in respect of the
employment by the Commonwealth of those employees in that country and the
Commonwealth is, subject to the next succeeding sub-section, liable to provide
benefits for those employees in accordance with that compensation scheme in
respect of that employment.
(6) The regulations may provide that a compensation scheme referred to in
the regulations, being a compensation scheme in force in a country other than
Australia, is, for the purposes of the liability of the Commonwealth under the
last preceding sub-section to provide benefits in accordance with that
compensation scheme in respect of the employment by the Commonwealth of
employees in that country, to have effect subject to such modifications or
additions (if any) as are specified in the regulations but so that the
benefits provided will not be less favourable than the benefits provided under
that compensation scheme in respect of persons employed by the Government of
that country.
(7) Where, in a country other than Australia, there is no compensation
scheme in force that is, or, but for this Act, would be, applicable in respect
of the employment by the Commonwealth in that country of employees to whom
this section applies, and there is no compensation scheme in force in that
country that is applicable in respect of persons employed by the Government of
that country, the regulations may provide that a compensation scheme referred
to in the regulations, being a compensation scheme in force in another country
of comparable economic and social development, is to be deemed to be
applicable in respect of the employment by the Commonwealth in the
first-mentioned country of employees to whom this section applies, and the
Commonwealth is, subject to the next succeeding sub-section, liable to provide
benefits for those employees in accordance with that compensation scheme in
respect of their employment by the Commonwealth in that first- mentioned
country.
(8) The regulations may provide that a compensation scheme referred to in
the regulations, being a compensation scheme in force in a country other than
Australia, is, for the purposes of the liability of the Commonwealth under the
last preceding sub-section to provide benefits in accordance with that
compensation scheme in respect of the employment by the Commonwealth of
employees in another country, to have effect subject to such modifications or
additions (if any) as are specified in the regulations, being modifications or
additions that the Governor-General thinks reasonable having regard to the
practice of reputable employers in that other country in relation to the
provision of compensation benefits.
(9) The Commonwealth is not liable to pay compensation under a provision of
this Act other than this section in respect of the employment of an employee
to whom this section applies in circumstances where a compensation scheme
referred to in this section is, or is to be deemed to be, applicable in
respect of that employment.
Amended by No. 216, 1973, s. 3.
(10) In this section, unless the contrary intention appears-
(a) a reference to a country other than Australia shall be read as
including a reference to an external Territory;
(b) a reference to the Government of a country other than Australia shall,
in relation to such a Territory, be read as a reference to the Administration
of that Territory;
(c) a reference to compensation benefits shall be read as a reference to
benefits for persons engaged in employment in the event of their death or
incapacity by reason of injury or disease occurring in circumstances connected
with that employment; and
(d) a reference to a compensation scheme shall be read as a reference to a
scheme (whether constituted by a law or not) for the provision of compensation
benefits.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 121.
Double benefits.
SECT
121. (1) In this section, ''employer'' means the Commonwealth or a
prescribed authority of the Commonwealth.
(2) If a person being an employer has paid compensation under this Act to or
in respect of an employee in relation to an injury or a loss of, or damage to,
property, another person being an employer is not liable to pay compensation
under this Act to or in respect of that employee in relation to that injury or
that loss of, or damage to, property, as the case may be.
Amended by No. 216, 1973, s. 3.
(3) An employer is not liable to pay compensation under this Act to or in
respect of an employee in relation to an injury or a loss of, or damage to,
property if compensation has been paid to or in respect of that employee in
relation to that injury or that loss of, or damage to, property, as the case
may be, under a law of a State or Territory or of a country other than
Australia.
Amended by No. 216, 1973, s. 3.
(4) If, after any compensation has been paid by an employer under this Act
to or in respect of an employee in relation to an injury or a loss of, or
damage to, property, any compensation is paid under a law of a State or
Territory or of a country other than Australia to or in respect of that
employee in relation to that injury or that loss of, or damage to, property,
as the case may be, the employer may recover the amount of the first-mentioned
compensation in any court of competent jurisdiction from the person to whom it
was paid as a debt due to the employer.
Amended by No. 216, 1973, s. 3.
(5) The Commissioner may require a claimant for compensation to furnish to
the Commissioner a statutory declaration stating whether any compensation has
been paid to or in respect of the claimant under a law of a State or
Territory, or under a law of a country other than Australia, in respect of the
injury or loss of, or damage to, property, as the case may be, to which the
claim relates.
(6) Where a claimant for compensation refuses or fails to furnish a
statutory declaration to the Commissioner in accordance with a requirement
under the last preceding sub-section, his right to compensation under this Act
in respect of the injury or loss of, or damage to, property to which the claim
relates, and his right to institute or continue any proceedings under this Act
in relation to that compensation, are suspended until the statutory
declaration is furnished.
(7) Where a claimant's right to compensation is suspended under the last
preceding sub-section, compensation is not payable in respect of the period of
the suspension.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 122.
Annual report.
SECT
122. (1) As soon as practicable after the end of each financial year, the
Commissioner shall prepare and furnish to the Minister a report with respect
to-
(a) the number of injuries in respect of which determinations under this
Act were made during that financial year, being determinations in pursuance of
which payments of compensation were made during that financial year;
(b) the number of injuries in respect of which determinations under this
Act were made before that financial year, being determinations in pursuance of
which payments of compensation were made during that financial year;
(c) the total of the amounts of compensation under this Act that were paid
during that financial year; and
(d) any other prescribed matters.
(2) For the purposes of the last preceding sub-section, two or more injuries
to an employee that are sustained at the same time shall be treated as one
injury.
(3) The Minister shall cause the report to be laid before each House of the
Parliament within fifteen sitting days of that House after the receipt of the
report by the Minister.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - SECT. 123.
Regulations
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
123. (1) The Governor-General may make regulations, not inconsistent with
this Act-
(a) prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act, and, in particular, prescribing-
(i) the form and content of claims, notices and other documents
required to be prepared under or for the purposes of this Act;
(ii) the manner of service of notices and other documents for the
purposes of this Act;
(iii) the practice and procedure of Compensation Tribunals; and
(iv) the practice and procedure of prescribed Courts under this Act;
and
(b) making provision for and in relation to fees and allowances to be paid
by the Commonwealth to a medical referee or other medical practitioner who
carries out, or is a member of a medical board that carries out, an
examination under section 41, 42, 58 or 60 of this Act, not being a person who
is an officer of the Public Service of the Commonwealth, of a State or of a
Territory.
(2) Strict compliance with the form of a claim, notice or other document
prescribed for the purposes of sub-paragraph (i) of paragraph (a) of the last
preceding sub-section is not required and substantial compliance is
sufficient.
(3) At any time after this Act receives the Royal Assent and before the
proclaimed date regulations may be made under this Act as if the whole of this
Act had come into operation on the day on which this Act received the Royal
Assent but regulations so made (other than regulations prescribing a salary,
allowance or other remuneration) shall not come into operation before the
proclaimed date.
COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - THE SCHEDULES
SCH
THE SCHEDULES
FIRST SCHEDULE
Section
4
Commonwealth Employees' Compensation Act 1930
Commonwealth Employees' Compensation Act 1944
Commonwealth Employees' Compensation Act 1948
Commonwealth Employees' Compensation Act 1951
Commonwealth Employees' Compensation Act 1954
Commonwealth Employees' Compensation Act 1956
Commonwealth Employees' Compensation Act 1959
Commonwealth Employees' Compensation Act 1962
Commonwealth Employees' Compensation Act 1964
Commonwealth Employees' Compensation Act 1967
Commonwealth Employees' Compensation Act 1968
Commonwealth Employees' Compensation Act 1969
Commonwealth Employees' Compensation Act 1970
SECOND SCHEDULE
Sections 18 and
73
OATH
I, A.B., do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law,
that I will well and truly serve Her in the office of and
that I will faithfully and impartially perform the duties of that office.
SO HELP ME GOD)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will be
faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second,
Her Heirs and Successors according to law, that I will well and truly serve
Her in the office of and that I will faithfully and impartially
perform the duties of that office.
THIRD SCHEDULE
Section
24
OATH
I, A.B., do swear that I will faithfully and impartially exercise and
perform the powers and functions delegated to me by the Commissioner for
Employees' Compensation.
SO HELP ME GOD)
AFFIRMATION
I, A.B., do solemnly and sincerely promise and declare that I will
faithfully and impartially exercise and perform the powers and functions
delegated to me by the Commissioner for Employees' Compensation.
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COMPENSATION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1971-1973 - NOTES
NOTES
1. The Compensation (Australian Government Employees) Act 1971-1973 comprises
the Compensation (Commonwealth Employees) Act 1971 as amended by the other
Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Compensation
(Commonwealth Employees)
Act 1971 No. 48, 1971 25 May 1971 Ss. 3-8, 25-63,
76-108, 115-122
and
123 (1) and (2):
1
Sept 1971 (see
Gazette 1971, p.
5496)
Remainder: Royal
Assent
Salaries (Statutory
Offices) Adjustment Act
1971(a) No. 136, 1971 16 Dec 1971 16 Dec 1971
Compensation
(Commonwealth Employees)
Act 1972 No. 122, 1972 2 Nov 1972 2 Nov 1972
Compensation (Australian
Government Employees)
Act 1973 No. 105, 1973 26 Sept 1973 26 Sept 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) The Salaries (Statutory Offices) Adjustment Act 1971 was repealed by
section 7 of the Statute Law Revision Act 1973. That section provides that the
repeal does not affect the operation of any amendment made by the repealed Act
or any provision made by it for the citation of an Act as so amended.
2.-Ss. 11, 66-By section 15 of, and Schedule 4 to, the Remuneration and
Allowances Acts 1973, the rate per annum of the salary applicable to the
office of Commissioner for Employees' Compensation is $17,043 and that of a
person constituting a Compensation Tribunal is $19,902.
3.-Ss. 109-114-By sub-section 2 (2) of the Compensation (Commonwealth
Employees) Act 1971, Part VIII was deemed to be repealed on the date fixed by
Proclamation under that sub-section. The date fixed was 1 September 1971; see
Gazette 1971, p. 5496.