Federal Register of Legislation - Australian Government

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Act No. 54 of 1968 as amended, taking into account amendments up to Act No. 60 of 1996
Registered 08 Dec 2009
Start Date 25 Nov 1996
End Date 11 May 2003

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968
(#DATE 03:12:1996)

- Updated as at 3 December 1996
*1* The United States Naval Communication Station (Civilian Employees) Act 1968 as shown in this reprint comprises Act No. 54, 1968 amended as indicated in the Tables below.
Table of Acts
Act Date of Date of Application,
Number Assent commencement saving or
and year transitional
provisions
United States Naval Communication Station (Civilian Employees) Act 1968
54, 1968 24 June 1968 24 June 1968
United States Naval Communication Station (Civilian Employees) Act 1971
(a) 49, 1971 25 May 1971 Parts I and II (ss. 1-8) S. 2 (1)
: Royal Assent
Part III (ss. 9-12)
: 1 Sept 1971 (see s. 2
(2) and Gazette 1971, p. 5496)
Industrial Relations (Consequential Provisions) Act 1988
87, 1988 8 Nov 1988 Ss. 1, 2: Royal Assent -
Remainder: 1 Mar 1989 (see
s. 2 (2) and Gazette 1989,
No. S53)
Workplace Relations and Other Legislation Amendment Act 1996 60, 1996 25 Nov 1996 Schedule 19 (item 53): Royal Assent (b) - (a) The United States Naval Communication Station (Civilian Employees) Act 1971 was repealed by section 5 of the United States Naval Communication Station (Civilian Employees) Act 1988.
(b) The United States Naval Communication Station (Civilian Employees) Act 1968 was amended by Schedule 19 (item 53) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent." Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 49, 1971
S. 3 ad. No. 49, 1971
S. 4 am. No. 49, 1971; No. 87, 1988; No. 60, 1996
The Schedule am. No. 49, 1971

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 -
TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Persons to whom Act applies
5. Application of Commonwealth Employees' Compensation Act to
persons to whom this Act applies
6. Liability of Commonwealth independently of Commonwealth
Employees' Compensation Act
THE SCHEDULE
Modifications of Commonwealth Employees' Compensation Act

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - LONG
TITLE

TABLE

An Act to provide Rights in respect of the Injury, Disease or
Death of certain Civilian Employees employed in connexion with
the United States Naval Communication Station in Australia

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - SECT
1
Short title

SECT

1. This Act may be cited as the United States Naval Communication Station (Civilian Employees) Act 1968.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - SECT
2
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - SECT
3
Interpretation

SECT

3. (1) In this Act:
"the Commonwealth Employees' Compensation Act" means the Commonwealth Employees' Compensation Act 1930-1967;*2*
"the Station" means the United States Naval Communication Station in Australia referred to in the United States Naval Communication Station Agreement Act 1963.


(2) For the purposes of this Act, a person who is employed by an instrumentality of the Government of the United States of America shall be deemed to be employed by the Government of the United States of America. *2* S. 3 (1), definition of "the Commonwealth Employees' Compensation Act" - The Commonwealth Employees' Compensation Act 1930 was repealed by the Compensation (Commonwealth Government Employees) Act 1971 (No. 48, 1971).

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - SECT
4
Persons to whom Act applies

SECT

4. This Act applies to a person (other than a member of the naval, military or air forces of the United States of America) who is employed by the Government of the United States of America in or in connexion with the establishment, maintenance or operation of the Station and:
(a) is not a citizen, and is not a national, of the United States of America; or
(b) is a citizen, or is a national, of the United States of America but is employed by the Government of the United States of America in accordance with, or by reference to, terms and conditions of employment agreed upon between the Government of the United States of America and any organisation within the meaning of the Workplace Relations Act 1996 or any trade union or other body registered, or deemed to be registered, under the Industrial Relations Act 1979 of Western Australia, or that Act as amended and in force for the time being.

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - SECT
5
Application of Commonwealth Employees' Compensation Act to persons to
whom this Act applies

SECT

5. (1) Subject to the next succeeding subsection, the Commonwealth Employees' Compensation Act applies to and in relation to a person to whom this Act applies as if he were an employee for the purposes of that Act.


(2) In the application by virtue of the last preceding subsection of the Commonwealth Employees' Compensation Act to and in relation to a person to whom this Act applies, that Act has effect as if it were modified in the manner set out in the Schedule to this Act.

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 - SECT
6
Liability of Commonwealth independently of Commonwealth Employees'
Compensation Act

SECT

6. (1) Where:
(a) after the commencement of this Act, personal injury by accident is caused to a person to whom this Act applies, or a person to whom this Act applies is suffering from a disease, or the death of a person to whom this Act applies is caused by a disease;
(b) section 9 or 10 of the Commonwealth Employees' Compensation Act, in its application to and in relation to that person by virtue of the last preceding section, applies, subject to that Act, in relation to the injury, disease or death; and
(c) if the person to whom this Act applies, and all other persons (including members of the naval, military or air forces of the United States of America) employed by the Government of the United States of America in or in connexion with the establishment, maintenance or operation of the Station, had, at all relevant times, been employed by the Commonwealth instead of by the Government of the United States of America, he, or, in the event of his death, another person, would have been entitled, independently of the Commonwealth Employees' Compensation Act, to recover from the Commonwealth damages in respect of his injury, disease or death;
he or that other person may, subject to this section, recover like damages from the Commonwealth.


(2) Where:
(a) on or after the twenty-ninth day of August, One thousand nine hundred and sixty-six, and before the commencement of this Act, personal injury by accident was caused to a person, or a person was suffering from a disease, or the death of a person was caused by a disease; and
(b) he or another person would, if this Act had come into operation on that date and the reference in the definition of "the Commonwealth Employees' Compensation Act" in section three of this Act to the Commonwealth Employees' Compensation Act 1930-1967 had been a reference to the Commonwealth Employees' Compensation Act 1930-1964, have been entitled to recover damages from the Commonwealth under the last preceding subsection in respect of the injury, disease or death;
he or that other person may, subject to the next succeeding subsection, recover those damages from the Commonwealth.


(3) Where, in respect of the injury, disease or death of a person, that person or another person is, under either of the last two preceding subsections, entitled to recover damages from the Commonwealth, the Commonwealth has, in respect of any claim for those damages, in any suit brought to recover those damages and in respect of any damages paid by it in consequence of such a claim or suit, the same rights (including any right to recover the whole or a part of the damages from another person) as if the first-mentioned person, and all other persons (including members of the naval, military or air forces of the United States of America) employed by the Government of the United States of America in or in connexion with the establishment, maintenance or operation of the Station, had at all relevant times been employed by the Commonwealth instead of by the Government of the United States of America.


(4) This section, in its application to a person to whom this Act applies, shall not be construed as affecting the operation of section 17A of the Commonwealth Employees' Compensation Act in the application of that Act, by virtue of the last preceding section, to and in relation to that person.

UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968 -
SCHEDULE

SCH

SCHEDULE Section 5
MODIFICATIONS OF COMMONWEALTH EMPLOYEES' COMPENSATION ACT
Provision modified Modification
Section 4 (1) (a) After paragraph (c) of the definition of
"employee", insert the following paragraph:
"(ca) a person to whom the United States Naval
Communication Station (Civilian Employees) Act
1968 applies;".
(b) At the end of the definition of "outworker",
insert "or of the Government of the United States
of America".
Section 4 (2) After "Commonwealth" (wherever occurring), insert
"or the Government of the United States of America".
Section 4A After sub-section (1), insert the following
sub-section:
"(1A) This Act applies to and in relation to an
employee of the kind referred to in paragraph (ca)
of the definition of 'employee' in sub-section (1)
of section four of this Act, whether employed within
or outside the territorial limits of Australia.".
Section 9 (1) After "Commonwealth" (first occurring), insert "or
the Government of the United States of America".
Section 9 (2) After "Commonwealth" (wherever occurring), insert
"or the Government of the United States of America".
Section 9A (1) (a) After "Commonwealth", insert "or the Government of
the United States of America".
Section 10 (1) After "Commonwealth" (first occurring), insert "or
the Government of the United States of America".
Section 10 (2) After "Commonwealth", insert "or the Government of
the United States of America".
Section 16 (1) After "Commonwealth" (first occurring), insert "or
the Government of the United States of America".
Section 16 (3) Omit the sub-section, insert the following
sub-section:
"(3) The notice may be served -
(a) by sending it by post in a registered letter
properly addressed to the Civil Commissioner
appointed under Article 6 of the Agreement dated the
ninth day of May, One thousand nine hundred and
sixty-three, between the Government of the
Commonwealth of Australia and the Government of the
United States of America, a copy of which is set out
in the Schedule to the United States Naval
Communication Station Agreement Act 1963;
(b) by delivering it to the above-mentioned Civil
Commissioner; or
(c) by delivering it to the person in charge of the
work on which the employee was engaged at the time
of the accident.".
Section 16 (4) Omit paragraph (d), insert the following paragraph:
"(d) a notice shall be deemed to have been duly
served in accordance with the last preceding
sub-section if it was sent by post in a registered
letter properly addressed to the Civil Commissioner
referred to in that sub-section or was delivered to
him.".
Section 17A (1) After "Commonwealth" (first occurring), insert "or
the Government of the United States of America".
Section 17A (3) Before the word "appear", insert ", by virtue of
section 6 of the United States Naval Communication
Station (Civilian Employees) Act 1968,".
Section 18 (4) After "Commonwealth", insert "or the Government of
the United States of America".
First Schedule In paragraph (1A) (b) (ii), after "which the
employee receives from the Commonwealth", insert "or
the Government of the United States of America".