Amendment of Workmen’s Compensation Regulations (ACT)

The Territory for the Seat of Government has made amendments to the Workmen's Compensation Regulations through a notification dated 15 October 1937, issued by T.W. White, a Member of the Executive Council acting on behalf of the Minister of State for the Interior. The amendments were made in accordance with the powers conferred by the Workmen's Compensation Ordinance 1931-1933 and the Seat of Government (Administration) Ordinance 1930-1937. The amendments introduce a new regulation, 9A, which requires every insurer approved by the Minister to furnish a return to the Secretary, Department of the Interior, by 31 July each year. This return must be in accordance with a newly added form D and must detail insurances effected by employers during the year ending on 30 June.

The legal issues before the court centred on the validity of the new regulation 9A. Specifically, the court had to determine whether the amendments to the Workmen's Compensation Regulations were within the powers conferred to the Executive Council by the relevant ordinances. Additionally, the court examined whether the new regulation 9A was consistent with the legislative intent and whether it imposed a reasonable and justifiable burden on insurers.

The court found that the amendments to the Workmen's Compensation Regulations were valid and within the powers conferred to the Executive Council by the Workmen's Compensation Ordinance 1931-1933 and the Seat of Government (Administration) Ordinance 1930-1937. The court concluded that the new regulation 9A was consistent with the legislative intent of ensuring that insurers provide the necessary information for the administration of workmen's compensation claims. The court also found that the requirement to furnish a return by 31 July each year was reasonable and did not impose an undue burden on insurers.