STATUTORY RULES.
1945.
No. 23.
REGULATIONS
UNDER THE COMMONWEALTH EMPLOYEES’
COMPENSATION ACT 1930-1944.*
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the Commonwealth Employees’ Compensation Act 1930-1944.
Dated
this twenty-first day of February, 1945.
HENRY
Governor-General.
By His
Royal Highness’s Command,
J. B.
CHIFLEY
Treasurer.
Employees’
Compensation Regulations.
Citation.
1. These Regulations may
be cited as the Employees’
Compensation Regulations.
Definitions.
2.—(1.) In these
Regulations, unless the contrary intention appears—
“authority” means an authority under the
Commonwealth specified in regulation 14 of these Regulations;
“the
Act” means the Commonwealth Employees’ Compensation Act 1930-1944.
(2.) Any reference in these
Regulations to a Form shall be read as a reference to a Form in the Schedule to
these Regulations.
Claim
by employee.
3. Any employee claiming
compensation under the Act shall deliver or send by post to the Permanent Head
or Chief Officer of the Department or authority in or by which the employee was
employed at the time at which the claim arose, or to the officer in charge of
the work on which the employee was so employed, a claim for compensation in
accordance with Form A.
Claim
by dependant.
4. Any dependant claiming
compensation under the Act in respect of the death of an employee shall deliver
or send by post to the Permanent Head or Chief Officer of the Department or
authority in or by which the employee was employed at the time at which the
claim arose, or to the officer in charge of the work on which the employee was
so employed, a claim for compensation in accordance with Form B.
Fees
to medical referees.
5. The fees payable to a
medical referee shall be as follows:—
£
| s.
| d.
|
For a first
examination....................................................................
| 2
| 2
| 0
|
For a subsequent
examination.........................................................
| 1
| 1
| 0
|
* Notified in the Commonwealth Gazette on 1st March, 1945.
2873.—Price 8d.
Medical
examinations.
6. The
medical referee, medical practitioner, or medical board to whom or to which any
matter is referred, shall give a certificate in accordance with Form C and
shall forward that certificate to the Commissioner or his delegate as soon as
possible after the examination.
Frequency
of medical examinations.
7. Where an employee has
made a claim for compensation or is in receipt of weekly payments under the
Act, he shall not be required, after a period of one month has elapsed from the
date on which the first payment of compensation was made, to submit himself
against his will for examination by a medical referee, a medical board, or a
medical practitioner provided and paid by the Commonwealth, except at
reasonable hours, and not at more frequent intervals than once a week during
the second month, once a month during the third, fourth, fifth, and sixth
months after the date of the first payment, and thereafter once in every two
months.
Nomination
by employee of representative on medical board.
8. Where an employee is
required by the Commissioner in pursuance of section 19 of the Act to submit
himself for examination by a medical board, any nomination by the employee of a
medical practitioner as one of the members of the board shall be lodged with
the Commissioner within seven days of the date of the notification by the
Commissioner to the employee requiring him to submit himself for examination.
Appointment
of medical boards.
9. The
Commissioner may, from time to time, appoint such medical boards as are
required.
Election
under section 15 of the Act.
10. An employee may make an
election under section 15 of the Act in accordance with Form D.
Appeals.
11.—(1.) An appeal under
section 20 of the Act may be instituted by notice of appeal in accordance with
this regulation.
(2.) The person appealing shall,
within thirty days after the determination or action appealed against is made
or taken, serve the notice of appeal on the Commissioner and shall file a copy
of the notice of appeal in the County Court.
(3.) The notice of appeal shall
state the grounds of appeal.
(4.) Any person who intends to
apply to the Court for extension of the time for appeal shall serve on the
Commissioner not less than seven days’
notice of his intention so to apply.
(5.) Where, upon any such
application, the Court extends the time for appeal, the person appealing shall
serve on the Commissioner the notice of appeal together with a copy of the
Order of the Court extending the time for appeal.
(6.) Unless the Court otherwise
orders, the date fixed for the hearing of the appeal shall be not less than
thirty days after the service on the Commissioner of the notice of appeal.
Costs
of appeal.
12.—(1.) The allowance of
costs of and incidental to an application for an extension of the time for
appeal, or to any appeal, under section 20 of the Act (including an
adjournment), to be paid by one party to another, shall be in the discretion of
the Court to which the application or appeal is made, and the Court shall have
full power to allow or disallow the costs.
(2.) Where a Court allows costs in
pursuance of sub-regulation (1.) of this regulation, it shall make an order
directing by whom and to whom the costs are to be paid, and, if the amount of
the costs is not fixed by agreement between the parties, the Court shall fix
the amount of the costs, or direct that the amount be fixed by the Taxing
Officer of the Court, in accordance with the provisions of sub-regulation (3.)
of this regulation.
(3.) The amount of costs shall be
fixed in accordance with the following provisions:—
(a) The fees which may be allowed to a
solicitor or counsel or to solicitor and counsel shall not exceed the amounts
set out in the following scale:—
£
| s.
| d.
|
Instructions for
application for extension of time for appeal, preparing, serving and filing
notice of application, and all other services in connexion with the
application rendered prior to the hearing of the application
| 1
| 1
| 0
|
Instructions to oppose
application for extension of time for appeal and all other services in
connexion with the opposition thereto rendered prior to the hearing of the
application..............................................
| 1
| 1
| 0
|
Attendance of
solicitor or counsel, or solicitor and counsel, on hearing of application.........................................................................
| 1
| 1
| 0
|
Instructions to appeal, preparing, filing and
serving notice of appeal, and all other services in connexion with the appeal
rendered prior to the hearing of the appeal
| 2
| 2
| 0
|
Instructions to oppose
appeal including all services in connexion with the opposition thereto
rendered prior to the hearing of the appeal
| 2
| 2
| 0
|
Attendance of solicitor or counsel or solicitor and
counsel on hearing of appeal—
|
For first five hours or portion thereof
| 5
| 5
| 0
|
For each subsequent
hour or portion of an hour.................
| 1
| 1
| 0
|
Any other necessary
appearance before the Court of solicitor or counsel or solicitor and counsel...........................................................
| 1
| 1
| 0
|
Preparing Bill of
Costs for taxation, serving and filing Bill, attending taxation and for
allocatur and all other services rendered in connexion with the taxation of
costs.................................................................
| 0
| 13
| 4;
|
2873.—2
(b)Expenses and mileage for the attendance of parties or witnesses may be
allowed at rates not exceeding the rates ordinarily allowable for the
attendance of parties and witnesses in an action in the Court; and
(c) Disbursements which in the opinion of
the Court or the taxing officer have been properly made may be allowed.
(4.) An order for the payment of
costs made by the Court in pursuance of this regulation shall have the same
force and effect in all respects as a judgment of the Court and the like
proceedings (including proceedings in bankruptcy) may be taken upon the order
as if it had been a judgment of the Court for the amount of the costs.
(5.) In this regulation “Taxing Officer” means the Registrar, Clerk of the Court or other person
having power to tax the costs of an action in the Court.
Payment
of compensation to trustees.
13.—(1.) In cases where the
Act provides that any amount of compensation shall be paid to the Commissioner
and invested or applied or dealt with by him in such manner as he thinks fit
for the benefit of the persons entitled thereto, the amount may be paid to such
trustee or trustees as the Commissioner appoints, and the amount so paid shall
be held for the benefit of the persons entitled thereto upon such trusts as are
approved by the Commissioner.
(2.) Where any determination is
varied by the Commissioner in pursuance of paragraph 9 of the First Schedule to
the Act, any trust created under this regulation shall cease and determine as
from the date of the variation, and any trust moneys then held shall be dealt
with in such manner as the Commissioner directs:
Provided that the determination of
a trust by operation of this sub-regulation shall not prejudice any right of
action against a trustee in respect of any act or omission occurring prior to
the date of the variation.
Commonwealth
authorities.
14. The authorities under
the Commonwealth to employees of which the application of the Act shall extend
shall be as follows:—
Commonwealth
Bank of Australia;
Commonwealth
Savings Bank of Australia;
Repatriation
Commission;
War
Service Homes Commissioner;
Commonwealth
Railways Commissioner;
Australian
Commonwealth Shipping Board;
Commonwealth
Council for Scientific and Industrial Research;
Board
of Management appointed under the Australian
War Memorial Act 1925;
Australian
Broadcasting Commission;
Canberra
Community Hospital Board;
Rifle
Clubs, State Rifle Associations and District Rifle Club Unions formed or
established in accordance with the Australian Rifle Club Regulations:
Salvage
Board;
Australian
Potato Committee;
Vegetable
Seeds Committee;
Director
of Shipping;
War
Damage Commission.
Special
liability of Commonwealth.
15. Liability under the Act
to pay compensation in respect of personal injury by accident arising out of
and in the course of the employment on a rifle range of an employee of a Rifle
Club, State Rifle Association or District Rifle Club Union, who is employed in
the actual conduct of a rifle practice or competition, shall be borne by the
Commonwealth.
Returns
by Departments.
16. The Permanent Head or
Chief Officer of each Department and authority shall furnish to the
Commissioner not later than the thirty-first day of July, in each year, a
correct return in accordance with Form E of payments made under the Act during
the twelve months ended on the preceding thirtieth day of June.
Returns
by Commissioner to Treasurer.
17. As soon as possible
after the close of each financial year the Commissioner shall furnish to the
Treasurer a correct return specifying—
(a) the number of cases in respect of
which compensation has been paid under the Act during the previous year;
(b) the amount of compensation paid during that year; and
(c) the amount paid in respect of
medical, hospital, and funeral expenses, during that year.
Compliance
with forms.
18. Strict compliance with
the forms in the Schedule shall not be required and substantial compliance
therewith shall suffice for the purposes of these Regulations.
Declarations.
19. Declarations under
these Regulations may be made before any of the following persons:—
A
postmaster or postmistress, or person in charge of a post office, a police,
stipendiary or special magistrate of the Commonwealth or of a State, a justice
of the peace, a barrister or solicitor, a State school head-teacher, a member
of the police force of the Commonwealth or of a State, a legally qualified
medical practitioner, a notary public, a commissioner for affidavits, a
commissioner for declarations, a minister of religion, a member of the
Parliament of the Commonwealth or of a State, or a councillor or alderman of
any municipality or shire.
Repeal.
20. The following Statutory
Rules are repealed:—Statutory Rules 1930, No. 134; 1931, Nos. 134 and 143;
1932, No. 143; 1933, No. 141; 1934, No. 79; 1935, No. 33; 1936, Nos. 30 and
160; 1940, No. 157; and 1942, No. 528.
THE SCHEDULE.
——
Form a.
Regulation
3.
Commonwealth
Employees’ Compensation Act 1930-1944.
CLAIM
FOR COMPENSATION.
Claim by Incapacitated
Employee.
To
I, [here write full name]of
[here write full postal address]hereby claim compensation under the
above-mentioned Act in respect of personal injury sustained by me and arising
out of and in the course of my employment by the
Commonwealth
and declare that, to the best of my knowledge and belief, the following replies
to the questions and requests for information are true and correct in every
particular:—
Questions and Requests
for Information. | Replies. |
On
date of injury you were employed:— (a) In what precise capacity?............................................ (b) By what Department or Authority?..............................
|
If you are claiming in respect of incapacity arising
from injury by accident:— (a)What is the nature
of your injury?............................. (b)At what hour did
injury occur?.................................. (c) On what date did injury occur?.................................. (d) Where did injury occur?........................................... (e) Describe briefly how injury was caused?................... (f) Were you incapacitated for work?.............................. (g)On what date were
you incapacitated for work?......... (h)Give names of any
persons who were present at time of accident or immediate afterwards............................................. (i)
If
accident occurred whilst travelling to or from work, give particulars of
journey.............................................
|
If you are claiming in respect of incapacity arising
from an industrial disease:— (a)What is nature of
disease?........................................ (b) When was disease caused?....................................... (c) When were you first incapacitated by such disease?... (d)For what period were
you engaged in your employment ?
(e) If you have previously suffered from such disease, state:— (i) Approximate date on which such disease first
manifested itself (ii) Extent to which
such disease interfered with your employment..................................................
|
Was notice of accident or incapacity
served?......................... On whom was notice
served?................................................ On what date was
notice served?........................................... |
Have you engaged in
any employment since that date of your injury or incapacity?...................................................................... If so, give full particulars.................................................
|
If this claim is made
more than six months after occurrence of accident or incapacity, give reasons
for failure to make claim within that period
|
Are you receiving or
entitled to receive any payment allowance or benefit under any law other than
Commonwealth Employees’ Compensation Act 1930-1944 in
respect of your incapacity?.......................... If so, give
particulars.......................................................
|
Questions and Requests
for Information. | Replies. |
Have you a claim
against the Commonwealth or any person for compensation, or for any payment
(other than payment under an insurance policy privately effected by you or
from a friendly society), in respect of the injury under any other law in
force in the Commonwealth or any other place?............................
|
Give
particulars of one of following:— (a) wife of employee; or (b)adult female caring for any child of
employee; or (c) female member of employee’s
family over 16 years of age.........................................................................
Is she totally or
mainly dependent on employee at date of injury? If not, state extent
of dependence...................................
|
Full name of each
child under sixteen years of age dependent on employee. | Age. | Date of birth. | Relationship to
employee. | State whether totally,
mainly or partially dependent on employee at date of injury. |
Declared
at on
the day
of 19
Signature of Declarant
Before
me
Form
B.
Regulation
4.
Commonwealth
Employees’ Compensation Act 1930-1944.
CLAIM
FOR COMPENSATION.
Claim
by Dependant of Employee.
To
I, [here write full name]of
[here write full postal address]hereby claim compensation under the
above-mentioned Act for myself and children named below in respect of the death
of [here write full name of deceased
employee] and
declare
that, to the best of my knowledge and belief, the following replies to the
questions and requests for information are true and correct in every
particular:—
Questions and Requests
for Information. | Replies. |
On date of injury, above-named employee was
employed:— (a) In what precise capacity?..................................... (b) By what Department or Authority?.......................
|
If death of employee was caused by injury by
accident:— (a)What was nature of
injury?................................... (b) At what hour did injury occur?............................. (c) On what date did injury occur?............................. (d)Where did injury
occur?....................................... (e) Describe briefly how injury was caused................ (f) Give names of any persons who were present at time of accident
or immediately afterwards.................................. (g)If accident occurred
whilst employee was travelling to or from work, give particulars of journey........................
|
If death of employee was caused by an industrial
disease:— (a) What was nature of disease?................................. (b) When was disease caused?................................... (c)When was employee
first incapacitated by such disease? (d)For what period was
employee engaged in his employment?......................................................................... (e) If employee ever previously suffered from such disease,
state:—............................................................. (i) Approximate date
on which such disease first manifested itself..................................................... (ii) Extent to which
such disease interfered with his employment..........................................
|
Was notice of accident or
incapacity served?..................... On whom was notice
served?........................................... On what date was
notice served?...................................... |
What is your relationship to
deceased employee?............... |
Were you wholly dependent
upon employee’s earnings at date
of his death?......................................................................
|
Were you in part
dependent upon employee’s
earnings at date of his death?......................................................................... If so, give full
particulars.............................................
|
Was any other person
contributing towards your maintenance at date of employee’s death?....................................................... If so, give full
particulars.............................................
|
Questions and Requests
for Information. | Replies. |
Were you in receipt of
a pension or other payment (other than Child Endowment) from the Commonwealth
at the date of employee’s death?....................................................................... If so, give particulars...............................................
|
Did you at date of
employee’s death have any other
means of support?.................................................................................
|