Commonwealth Numbered Regulations - Explanatory Statements

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COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION REGULATIONS (AMENDMENT) 1994 NO. 258

Statutory Rules 1994 No. 258

Issued by the Authority of the Assistant Minister for Industrial Relations

Safety, Rehabilitation and Compensation Act 1988

Commonwealth Employees' Rehabilitation and Compensation Regulations (Amendment)

Section 122 of the Safety, Rehabilitation and Compensation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 114 of the Act provides that an amount of overpayment of compensation, other than those paid to a retired employee, may be recovered by Comcare or by a licensed authority under the Act.

Section 114B of the Act provides that overpayment of compensation to a retired employee may be recovered by Comcare or by a licensed authority under the Act.

To facilitate collection of overpayments, subsection 114A(1) of the Act provides that the former employer of a retired employee (who was entitled to compensation under the Act) is to notify Comcare of the fact of the retirement. The requirement to so notify is imposed on the 'appropriate officer' in relation to the retired employee.

Subsection 114A(2) of the Act defines 'appropriate officer'. In relation to an employee who is not employed by the' Commonwealth but is employed in a Department the 'appropriate officer' is defined as a person prescribed by the regulations.

It has been necessary to prescribe an 'appropriate officer' for the Australian Federal Police and the Australian Defence Force.

A new regulation 4 has been inserted into the Safety, Rehabilitation and Compensation Regulations (the Regulations) which prescribes the Chief of the Defence Force as the appropriate officer in relation to members of the Defence Force and the Commissioner of the Australian Federal Police as the appropriate officer in relation to members of the Australian Federal Police.

Amending regulations 2 and 3 have changed the title of the Regulations and a reference to the title of the Act in the Regulations. The short title of the Act was changed to the Safety, Rehabilitation and Compensation Act 1988 by the Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 and corresponding changes have been made to the Regulations.