Commonwealth Workmen's Compensation Act 1912

Legislation au C1912A00029 Not in force Act

Legislation content

 

COMMONWEALTH WORKMEN’S COMPENSATION.

 

 

No. 29 of 1912.

An Act relating to Compensation to Workmen employed in the service of the Commonwealth for Injuries suffered in the course of their Employment.

[Assented to 24th December, 1912.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Commonwealth Workmen’s Compensation Act 1912.

Commencement.

2. This Act shall commence on a day to be fixed by proclamation.


Definitions.

Cf. 6 Edw. 7 c. 58 s. 13.

3.—(1.) In this Act unless the contrary intention appears—

“Commonwealth” includes any Territory which is part of the Commonwealth and any authority tinder the Commonwealth:

“County Court” means a County Court, District Court, or Local Court of any State, or Territory being part of the Commonwealth, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a Judge or a Police, Stipendiary, or Special Magistrate:

“Dependants” means such of the members of the workman’s family as were wholly or in part dependent upon the earnings of the workman at the time of his death, or who would, but for the incapacity due to the accident, have been so dependent; and where the workman

(a) being the parent or grandparent of an illegitimate child, leaves the child so dependent upon his earnings, or

(b) being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, includes such an illegitimate child and parent or grandparent respectively:

“Judge of a County Court” includes the Judge of a County Court, District Court, or Local Court, and also any Police, Stipendiary or Special Magistrate presiding or having jurisdiction to preside over a County Court as defined by this Act:

“Member of a family” means wife or husband, father, mother, grandfather, grandmother, step-father, stepmother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child, mother-in-law:

“Outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the Commonwealth:

“Workman” means any person who has entered into or works under a contract of service or apprenticeship with the Commonwealth, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing, but does not include—

(a) any person employed otherwise than by way of manual labour whose remuneration exceeds Five hundred pounds a year; or

(b) an outworker; or

(c) any member of the Naval or Military Forces of the Commonwealth while employed on active service.


Compensation for personal…

Overview

The Commonwealth Workmen’s Compensation Act 1912 was enacted to address the need for a comprehensive system of compensation for workmen employed by the Commonwealth who suffered injuries in the course of their employment. This legislation was introduced to ensure that employees injured on the job received fair compensation without having to resort to costly and time-consuming litigation. The Act was enacted by the Parliament of Australia and assented to by the King on 24th December 1912. The policy objective of this Act was to provide a structured and equitable method for assessing and paying compensation to injured workmen, ensuring that the Commonwealth met its obligations towards its employees who were injured in the line of duty. This Act established a framework for determining liability, the amount of compensation, and the processes for claims and appeals, thereby creating a more efficient and worker-friendly system of compensation.

Scope and Application

The Commonwealth Workmen's Compensation Act 1912 applies to workmen who have entered into or work under a contract of service or apprenticeship with the Commonwealth, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing. The Act applies to employees who suffer personal injuries arising out of and in the course of their employment with the Commonwealth, excluding those employed otherwise than by way of manual labour whose remuneration exceeds Five hundred pounds a year, outworkers, and any member of the Naval or Military Forces of the Commonwealth while employed on active service. The Act's jurisdiction extends to the Commonwealth and any Territory that is part of the Commonwealth. The Act allows for the appointment of medical referees and arbitrators to facilitate the resolution of compensation claims. The Governor-General has the authority to make regulations to give effect to the Act and modify or add provisions to the Second Schedule. The Act does not extend or restrict its application through subordinate instruments.

Key Provisions

  • The Commonwealth Workmen’s Compensation Act 1912 (C1912A00029) outlines the provisions for compensation to workmen employed by the Commonwealth who suffer injuries in the course of their employment. Section 4 of the Act specifies that if a workman is injured due to an accident arising out of and in the course of his employment, the Commonwealth is liable to pay compensation according to the First Schedule. This compensation is contingent upon several conditions: the workman cannot recover compensation independently under other laws, and compensation is disallowed if the injury results from serious and wilful misconduct unless it results in death or permanent disablement. If a workman leaves no dependants, compensation is limited to medical attendance and funeral expenses.
  • The Act imposes several obligations on the parties involved. Workmen must provide notice of the accident to the Commonwealth as soon as practicable and file a claim within six months of the accident or death. The Commonwealth, in turn, is required to indemnify contractors who are also liable for compensation under the Act. Furthermore, Section 8 mandates the appointment of medical referees to assess the extent of injuries and fitness for employment, while Section 9 ensures that any arbitrator appointed by a County Court receives remuneration from the funds provided by Parliament.
  • Breaching the provisions of this Act can lead to various consequences. Section 4(2)(d) stipulates that if a workman has a claim under another law, they must not claim compensation under this Act unless they undertake not to claim under the other law. Failure to comply with the notice requirements or timelines for filing claims, unless excused by reasonable cause, can bar proceedings for compensation. Additionally, obstructing medical examinations or arbitration processes can result in the suspension of compensation rights. The Act does not specify maximum penalties for these breaches, but non-compliance with the procedural requirements can lead to the denial of compensation claims.

Legal classification tags

Area of Law
Employment & Labour Law
Workers' Compensation
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Compensation for personal injuries
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.