Statutory Rules

1978 No. 72

REGULATIONS UNDER THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Compensation (Commonwealth Government Employees) Act 1971.

Dated this fifth day of May 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

MARGARET GUILFOYLE

Minister of State for Social Security

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AMENDMENTS OF THE COMPENSATION (COMMONWEALTH EMPLOYEES) REGULATIONS†

Commencement

1. These Regulations shall be deemed to have taken effect on 1 March 1978.

Citation

2. Regulation 1 of the Compensation (Commonwealth Employees) Regulations is amended by inserting “ Government ” after “ Commonwealth ”.

3. After regulation 12 of the Compensation (Commonwealth Employees) Regulations the following regulation is inserted:

Compensation to or for benefit of dependants of deceased transferred South Australian employee

“ 12a. (1) Compensation under the modified Act payable to a dependant or dependants of a deceased transferred South Australian employee is payable to, or in accordance with the directions of, the Commissioner for the benefit of the dependant or dependants.

* Notified in the Commonwealth of Australia Gazette on 10 May 1978.

† Statutory Rules 1971, No. 112.

“ (2) Where an amount of compensation under the modified Act is payable for the benefit of 2 or more dependants of a deceased transferred South Australian 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.

“ (3) In this regulation—

‘ modified Act ’ means the Act as modified by the omission of section 98 and by the substitution for Part III of the applied South Australian provisions (being the applied South Australian provisions within the meaning of section 52b of the Australian National Railways Act 1917);

‘ transferred South Australian employee ’ has the same meaning as in the Australian National Railways Act 1917.”.

Forms

4. Regulation 25 of the Compensation (Commonwealth Employees) Regulations is amended by inserting after sub-regulation (3) the following sub-regulation:

“ (3a) An election under sub-section 52b (1) of the Australian National Railways Act 1917 shall be in accordance with Form 4 in the Third Schedule.”.

Third Schedule

5. The Third Schedule to the Compensation (Commonwealth Employees) Regulations is amended by adding at the end thereof the following form:

FORM 4     Regulation 25 (3a)

Compensation (Commonwealth Government Employees) Act

ELECTION UNDER SUB-SECTION 52b (1) OF THE AUSTRALIAN NATIONAL RAILWAYS ACT

To the Commissioner for Employees’ Compensation

I  (full name)  of (postal address)  , (if the election is made on behalf of another person, add on behalf of               (full name of that person))                                                                       , hereby elect to have the accompanying claim for compensation in relation to the injury sustained by                             (full name of employee)                                                                                                                 a transferred South Australian employee within the meaning of the Australian National Railways Act 1917. dealt with in accordance with the applied South Australian provisions, being the applied South Australian provisions within the meaning of section 52b of the Australian National Railways Act 1917.

Dated this    day of      19 .

(Signature of person making election)