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MAGISTRATES COURT (WORKERS COMPENSATION INFRINGEMENT NOTICES) REGULATION 2006 (NO 20 OF 2006)
2006
THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
MAGISTRATES COURT (WORKERS COMPENSATION INFRINGEMENT
NOTICES) REGULATION 2006
SUBORDINATE LAW
SL2006-20
EXPLANATORY
STATEMENT
Simon Corbell MLA
Attorney General
Outline
Part 3.8 of the Magistrates Court Act 1930 provides
for the issue of infringement notices for offences listed in regulations. The
Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006
(the regulation) provides a framework for issuing infringement notices for
offences in the Workers Compensation Act 1951 (the Workers Compensation
Act).
The Workers Compensation Act creates a scheme for ACT private
sector workers’ compensation. The scheme provides compensation to injured
workers for injuries arising out of, or in the course of, their employment. The
scheme uses early intervention, injury management and sustainable return to work
to reduce the cost of workplace injuries for workers and employers.
The
ability to issue infringement notices for offences against the Workers
Compensation Act allows for immediate action to be taken against people who are
breaching the legislation. This will encourage compliance with the legislation,
protect workers’ rights and ensure that the objectives of the Act are
met.
1. Name of regulation
This clause establishes the name of the
regulation as the Magistrates Court (Workers Compensation Infringement Notices)
Regulation 2006.
2. Commencement
This is a formal
provision specifying when the regulation will commence. The Regulation will
commence with the commencement of the Workers Compensation Amendment Act
2006. That Act will commence on a day fixed by the Minister in writing. If
the Act has not commenced by 1 July 2006, it will automatically commence on that
day.
3. Purpose of regulation
This clause provides that the
purpose of the regulation is to provide for infringement notices under the
Magistrates Court Act 1930, part 3.8 for certain offences against the
Workers Compensation Act.
4. Dictionary
This clause provides
that the dictionary at the end of the regulation forms part of the
regulation.
5. Notes
This clause provides that the notes
included in the regulation are explanatory and do not form part of the
regulation.
6. Administering Authority
This clause provides
that the administering authority for infringement notices under the Workers
Compensation Act is the Commissioner. The Dictionary defines the Commissioner
as the OH&S Commissioner who is appointed under section 26 of the
Occupational Health and Safety Act 1989.
7. Infringement notice
offences
This clause provides that infringement notices under the
Magistrates Court Act 1930, part 3.8 can be issued for the offences
listed in Schedule 1.
8. Infringement notices penalties
This
clause provides that the penalties payable by an individual under an
infringement notice for offences listed in schedule 1 are as stated in column 4
of the schedule. The penalty payable by a corporation is 5 times the amount
mentioned in column 4. The cost of serving a reminder notice for an
infringement notice is $34.
9. Contents of infringement notices
– other information
This clause provides that an infringement
notice served on a company must include the company’s ACN. The clause
defines company for this section as a company registered under the Corporations
Act.
11. Contents of reminder notices – identifying authorised person
This clause provides that a reminder notice must specify the full name,
or surname and initials, or identification number of the authorised person who
serves the notice.
12. Costs if liability is disputed
This
clause provides that the cost of beginning a proceeding is
$200.
13. Authorised person for infringement notice offences
This clause provides that an inspector may serve an infringement notice
for an infringement notice offence against the Workers Compensation Act and
reminder notices for an infringement notice offence against the Workers
Compensation Act. Inspectors are defined in the Dictionary of the regulation by
reference to the definition in the Dictionary of the Workers Compensation Act.
Inspectors are appointed under section 188(1) of that Act.
Schedule 1
– Workers Compensation Act infringement notice offences and penalties
This Schedule lists the infringement notice offences and penalties under
sections 7 and 8.
Dictionary
The dictionary provides
definitions for commissioner, inspector and Workers Compensation
Act.