External
INCAPACITY PAYMENTS TO EMPLOYEES AGED OVER 65
- The Public Service and Merit Protection Commission (PSMPC) and Comcare have issued the attached self-explanatory advice entitled “The New Public Service Act - Employment after Age 65 and Workers' Compensation”. This advice follows the passage of the Public Service Act 1999 (the PS Act) which removes reference to compulsory age 65 retirement for persons employed under that Act.
- As indicated in the advice, it is expected that regulations will come into effect on 5 December 1999 which will vary the provisions of sub-section 23(1) of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act) in respect of persons employed under the PS Act. Under the new provisions such persons (referred to in the advice as “APS employees”) will, if they suffer a compensable injury at any time after the age of 63, be eligible to receive weekly incapacity benefits under the SRC Act for a maximum period of two years.
- The current provisions of sub-section 23(1) of the SRC Act, under which weekly incapacity benefits are not payable to a person who has reached 65, will continue to be applicable to persons with SRC Act coverage other than APS employees, pending amendment of the SRC Act.
- Determining authorities should take particular note of the advice that Australian Workplace Agreements and certified agreements should not be used as an alternative to SRC Act provisions. Nor should agencies take out insurance cover for employees aged over 65 years. The SRC Act remains the only authority for payment of workers' compensation benefits in the Commonwealth jurisdiction.
- Enquiries about the application of this policy should be directed to the Policy & Co-ordination Group on 1300 366 979.
Comcare