Commonwealth Numbered Acts

COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) AMENDMENT ACT 1978 No. 68 of 1978 - SECT 3

3. After section 7 of the Principal Act the following sections are inserted:
''7A. (1) This section applies to a person who, on or after 1 July 1978, is
employed by the Northern Territory, whether he is so employed under a law of
the Northern Territory or under a contract of service or apprenticeship.

''(2) Subject to this section, this Act has effect on and after 1 July 1978 in
relation to a person to whom this section applies as if references in this Act
(other than this section and section 7B) to the Commonwealth were references
to the Northern Territory.

''(3) Sub-section (2) does not apply to-

   (a)  a reference in this Act to a law of the Commonwealth, a prescribed
        authority of the Commonwealth, a Commonwealth Police Officer, a
        Territory forming part of the Commonwealth or a Commonwealth
        Employees' Compensation Tribunal;

   (b)  a reference to the Commonwealth in sub-section (2) of section 4,
        sub-section (2) of section 7, sub-section (7) of section 45,
        sub-section (3) of section 46, paragraph (d) of sub-section (4) of
        section 52 or Part VII; or

   (c)  the reference to the Public Service of the Commonwealth in paragraph
        (b) of sub-section (1) of section 123.

''(4) This section does not have effect in relation to-

   (a)  an injury sustained or a disease contracted before 1 July 1978;

   (b)  an aggravation, acceleration or recurrence of a disease suffered
        before that date; or

   (c)  loss or damage of a kind referred to in section 28 suffered before
        that date. Northern Territory to pay compensation in respect of
        certain other persons
''7B. (1) Sub-section (2) applies to-

   (a)  employment of a person that is, in accordance with sub-section (2) of
        section 7, deemed to be employment of the person by the Commonwealth
        by reason of his performance of his duties as a member of the Police
        Force of the Northern Territory or the duties of an office of the
        Northern Territory; or

   (b)  employment of a person by an authority of the Northern Territory,
        including employment of a person that is, in accordance with
        sub-section (3) of section 7, deemed to be employment of the person by
        such an authority by reason of his performance of the duties of the
        authority, his duties as a member of the authority or person acting as
        such a member or his duties as a deputy of such a member.

''(2) Any payments of compensation under this Act that, but for this section,
would be payable by the Commonwealth on or after 1 July 1978 to or in relation
to a person by reason of employment to which this sub-section applies, not
being compensation in respect of-

   (a)  an injury sustained or a disease contracted before 1 July 1978;

   (b)  an aggravation, acceleration or recurrence of a disease suffered
        before that date; or

   (c)  loss or damage of a kind referred to in section 28 suffered before
        that date, shall be payable by the Northern Territory and not by the
        Commonwealth.

''(3) In this section-

'authority of the Northern Territory' means a body corporate to which
paragraph (b) of the definition of 'prescribed authority of the Commonwealth'
in sub-section (1) of section 5 applies, being a body incorporated by a law of
the Northern Territory;

'office of the Northern Territory' means an office that is established by a
law of the Northern Territory and is an office to which sub-paragraph (ii) of
paragraph (c) of sub-section (2) of section 7 applies.''.
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