Country Fire Authority Amendment (Member Compensation) Regulations 2014
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Country Fire Authority Amendment (Member
Compensation) Regulations 2014
S.R. No. 81/2014
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 2
3 Commencement 2
4 Principal Regulations 2
5 Definitions 2
6 Entitlement to compensation 5
7 Damages 5
8 Making a claim 6
9 Report by officer in charge 7
10 Some personal injury claims may be lodged with Authority 7
11 Authority may request report by officer in charge 7
12 Determination of claims 8
13 Average weekly earnings 9
14 Interim payment 10
15 Duty to advise Authority 11
═══════════════
ENDNOTES 12
-- 1 of 13 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2014
S.R. No. 81/2014
Country Fire Authority Act 1958
Country Fire Authority Amendment (Member
Compensation) Regulations 2014
The Lieutenant-Governor as the Governor's deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 24 June 2014
Responsible Minister:
KIM WELLS
Minister for Police and Emergency Services
YVETTE CARISBROOKE
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Country Fire Authority Regulations 2004—
(a) to ensure that the Authority may consider
claims for compensation for injuries that
occur on or after 1 July 2014 by referring to
provisions of the Workplace Injury
Rehabilitation and Compensation Act
2013 as well as specified provisions of the
Accident Compensation Act 1985; and
(b) to ensure that the Authority may continue to
consider claims for compensation for injuries
that occur before 1 July 2014 by referring to
amended provisions of the Accident
Compensation Act 1985; and
-- 2 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
2
Authorised by the Chief Parliamentary Counsel
(c) to ensure that the Authority may make
interim payments to support injured
members and dependants and family who
may be entitled to compensation as a result
of the death of a member; and
(d) to ensure that the Authority may determine
the appropriate level of compensation when
a member is not currently employed; and
(e) to clarify that the officer in charge of a
brigade may lodge a claim with an
operations manager within the region; and
(f) to ensure that compensation claims may be
adjusted for any settlement or compromise
reached with a person entitled to
compensation under this Part; and
(g) to otherwise improve the operation of Part 6
of those Regulations.
2 Authorising provision
These Regulations are made under section 110 of
the Country Fire Authority Act 1958.
3 Commencement
These Regulations come into operation on 1 July
2014.
4 Principal Regulations
In these Regulations, the Country Fire Authority
Regulations 2004 1 are called the Principal
Regulations.
5 Definitions
In regulation 75 of the Principal Regulations—
(a) insert the following definitions—
"notional current weekly earnings in
relation to a member means the weekly
earnings the Authority determines the
r. 2
-- 3 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
3
Authorised by the Chief Parliamentary Counsel
member could earn from time to time
(including, but not limited to, the
amount of any current weekly earnings)
in employment being the member's
employment, before the injury or in
suitable employment, that the Authority
determines the member is capable of
performing despite the injury;
serious injury means an injury to a member
in respect of which the member's
degree of impairment is 30% or more
when assessed in accordance with—
(a) the American Medical
Association's Guides to the
Evaluation of Permanent
Impairment (Fourth Edition)
(other than chapter 15); or
(b) the Guide to the Evaluation of
Psychiatric Impairment for
Clinicians—
as amended, varied or substituted from
time to time under the Workplace
Injury Rehabilitation and
Compensation Act 2013;";
(b) for the definition of family member
substitute—
"family member, in relation to a person,
means—
(a) a spouse, domestic partner, father,
mother, grandfather, grandmother,
stepfather, stepmother, son,
daughter, grandson,
granddaughter, step-son, step-
daughter, brother, sister, half-
brother, half-sister, step-brother or
step-sister of that person; or
r. 5
-- 4 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
4
Authorised by the Chief Parliamentary Counsel
(b) any person who stands in the place
of a parent in relation to that
person;";
(c) in the definition of medical and like
expenses, in paragraph (b), for "the spouse,
domestic partner, family members and
dependents" substitute "the family members
and dependants";
(d) for the definition of suitable employment
substitute—
"suitable employment, in relation to a
member, means employment in work
for which the member is currently
suited—
(a) having regard to the following—
(i) the nature of the member's
incapacity and the details
provided in medical
information including, but
not limited to, the medical
certificate supplied by the
member in accordance with
regulation 79;
(ii) the member's age, education,
skills and work experience;
(iii) the member's place of
residence;
(iv) any plan or document
prepared as part of the return
to work process;
(v) any occupational
rehabilitation services that
are being, or have been,
provided to the member;
r. 5
-- 5 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
5
Authorised by the Chief Parliamentary Counsel
(b) regardless of whether—
(i) the work or the employment
is available; or
(ii) the work or the employment
is of a type that is generally
available in the employment
market;".
6 Entitlement to compensation
In regulation 76(2) of the Principal Regulations,
for "the spouse, domestic partner, family members
and dependents" substitute "the family members
and dependants".
7 Damages
(1) In regulation 78(1) of the Principal Regulations—
(a) in paragraph (b), after "on behalf of" insert
", or a compromise or settlement is reached
with,";
(b) in paragraph (c), for "the award" substitute
"the amount paid under the award,
compromise or settlement";
(c) in paragraph (d), for "the award" substitute
"the amount paid under the award,
compromise or settlement".
(2) In regulation 78(3) of the Principal Regulations—
(a) in paragraph (b), after "on behalf of" insert
", or a compromise or settlement is reached
with,";
(b) for "the award of damages or compensation"
substitute "the amount paid under the
award, compromise or settlement".
r. 6
-- 6 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
6
Authorised by the Chief Parliamentary Counsel
(3) After regulation 78(4) of the Principal Regulations
insert—
"(5) This regulation does not apply to a
compromise or settlement reached in respect
of a personal injury sustained before 1 July
2014.".
8 Making a claim
(1) For regulation 79(2)(a) of the Principal
Regulations substitute—
"(a) be in the form approved by the Victorian
WorkCover Authority for the purposes of—
(i) for a claim relating to injuries sustained
before 1 July 2014, the Accident
Compensation Act 1985; or
(ii) for a claim relating to injuries sustained
on or after 1 July 2014, the Workplace
Injury Rehabilitation and
Compensation Act 2013; and".
(2) For regulation 79(5) of the Principal Regulations
substitute—
"(5) Subject to regulation 80A, a claim must be
lodged with—
(a) the officer in charge of the brigade to
which the member belonged; or
(b) if the member or the claimant is the
officer in charge of a brigade, an
operations manager within the region in
which the brigade operated—
at the time of the destruction, damage or loss
of personal property or of the personal
injury, as the case may be.".
r. 8
-- 7 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
7
Authorised by the Chief Parliamentary Counsel
9 Report by officer in charge
In regulation 80(2) of the Principal Regulations,
for "the operations manager for the region"
substitute "the operations manager within the
region who received the claim".
10 Some personal injury claims may be lodged with
Authority
In regulation 80A of the Principal Regulations—
(a) in subregulation (1), for "with the officer in
charge of the brigade to which the member
belonged at the time of the personal injury"
substitute "in accordance with
regulation 79(5)";
(b) in subregulation (2)(b), for "with the officer
in charge of the brigade to which the
member belonged at the time of the personal
injury" substitute "in accordance with
regulation 79(5)";
(c) in subregulation (2)(c), for "with the officer
in charge" substitute "in accordance with
regulation 79(5)".
11 Authority may request report by officer in charge
(1) In regulation 80B(1) of the Principal Regulations,
for "If a claim" substitute "Subject to
subregulation (3), if a claim".
(2) In regulation 80B(2) of the Principal Regulations,
for "If a claim" substitute "Subject to
subregulation (3), if a claim".
r. 9
-- 8 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
8
Authorised by the Chief Parliamentary Counsel
(3) After regulation 80B(2) of the Principal
Regulations insert—
"(3) If the claim for personal injury is lodged by
the officer in charge of a brigade, the
Authority may deal with an operations
manager within the region in accordance
with subregulations (1) and (2).".
12 Determination of claims
In regulation 82 of the Principal Regulations—
(a) for subregulation (2)(b) substitute—
"(b) must give consideration—
(i) for a claim relating to injuries
sustained before 1 July 2014, to
the matters set out in sections 5,
5AC, 5AE, 5B, 82, 82A, 82B,
82C, 82D, 83, 86, 88, 89, 90, 91
(except subsection (2)), 92 (except
subsection (7)), 93, 93CE, 93E,
93EA, 93F, 96, 96A, 97, 98, 98A,
99AAA, 99, 99AA, 99AC, 99AD,
99A, 100, 111 and 112 of the
Accident Compensation Act
1985; or
(ii) for a claim relating to injuries
sustained on or after 1 July 2014,
to the matters set out in
sections 92, 98 and 98A of the
Accident Compensation Act
1985 and sections 3, 6, 7, 27, 39,
40, 41, 42, 43, 44, 45, 46, 50, 52,
53, 54, 55, 57, 58, 59, 60, 61, 62,
63, 64, 65, 66, 67, 152, 156, 158,
160, 167, 168, 169, 170, 171, 172,
173, 174, 175, 176, 177, 222, 223,
224, 226, 228, 229, 231, 232
and 542 of, and clause 25 of
r. 12
-- 9 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
9
Authorised by the Chief Parliamentary Counsel
Schedule 1 to, the Workplace
Injury Rehabilitation and
Compensation Act 2013—
with any variations that are necessary,
and in so far as they are not inconsistent
with these Regulations;";
(b) in subregulation (2)(c), for "member."
substitute "member; and";
(c) after subregulation (2)(c) insert—
"(d) in determining a claim for
compensation arising from the death of
a member, may take into account the
receipt by the member of—
(i) income from employment of, or
work performed by, the member;
or
(ii) a pension, regular annuity or
benefit payable under a law
enacted in Victoria or any other
Australian jurisdiction or an
amount payable under a policy of
insurance in respect of loss of
earnings or income.".
13 Average weekly earnings
In regulation 83 of the Principal Regulations—
(a) omit "self-employed";
(b) after paragraph (b)(iii) insert—
"(iiia) the member's employment by an
employer before the injury;";
(c) in paragraph (b)(iv), for "matters."
substitute "matters;";
r. 13
-- 10 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
10
Authorised by the Chief Parliamentary Counsel
(d) after paragraph (b) insert—
"(c) if the member was not working under a
contract of service at the time of the
injury, may calculate average weekly
earnings on any basis that, in the
opinion of the Authority, most fairly
reflects the worker's earning capacity
had the injury not occurred.".
14 Interim payment
(1) For regulation 84(1) of the Principal Regulations
substitute—
"(1) The Authority, before determining a claim
for compensation for personal injury, may
make an interim payment—
(a) for loss of income, calculated in
accordance with regulation 83, for a
period not exceeding 6 weeks; and
(b) for reasonable medical and like
expenses for a period not exceeding
6 weeks.".
(2) After regulation 84(2) of the Principal Regulations
insert—
"(2A) Subject to subregulations (2B) and (2C), if it
appears to the Authority that a person may
be entitled to compensation in respect of the
death of a member, the Authority may,
before determining the claim, make interim
payments to the person as follows—
(a) a weekly payment for a period of up to
12 weeks from the date of death of the
member in an amount the Authority
considers reasonable;
(b) a payment for reasonable medical and
like expenses up to a maximum amount
determined by the Authority.
r. 14
-- 11 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
11
Authorised by the Chief Parliamentary Counsel
(2B) Only one spouse or domestic partner may
receive interim payments under
subregulation (2A)(a).
(2C) The total amount of interim payments paid to
each person entitled to compensation in
respect of the death of a member under
subregulation (2A) must not exceed the
maximum amount determined by the
Authority.
(2D) If the Authority determines that
compensation is payable, the compensation
payable is to be reduced by the amount of
any interim payment made under this
regulation.".
(3) In regulation 84(3) of the Principal Regulations,
after "(1)" insert "or (2A)".
15 Duty to advise Authority
In regulation 87(2)(b) of the Principal
Regulations, after "payable by" insert ", or any
compromise or settlement reached with,".
═══════════════
r. 15
-- 12 of 13 --
S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations
2014
12
Authorised by the Chief Parliamentary Counsel
ENDNOTES
1 Reg. 4: S.R. No. 9/2004. Reprint No. 1 as at 9 September 2008.
Reprinted to S.R. No. 106/2008. Subsequently amended by
S.R. Nos 67/2009, 66/2010, 60/2011, 66/2012 and 149/2013 and
extended in operation by S.R. No. 173/2013.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 5(a),
which inserts a
definition of serious
injury
American Medical
Association's Guides to the
Evaluation of Permanent
Impairment (Fourth Edition)
The whole,
other than
Chapter 15
The Guide to the Evaluation
of Psychiatric Impairment for
Clinicians, published in the
Government Gazette dated
27 July 2006
The whole
Endnotes
-- 13 of 13 --