Employees Compensation Regulations (Cth)

STATUTORY RULES.

1930. No. 134.

REGULATIONS UNDER THE COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930.

I, THE person administering the Government of 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, to come into operation on the date of the commencement of that Act.

Dated this Sixth day of November, One thousand nine hundred and thirty.

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command,

Acting Treasurer.

———

Employees’ Compensation Regulations.

Short title.

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.

(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 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 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 follow:—

£	s.	d.
For a first examination................................................................................	2	2	0
For a subsequent examination.....................................................................	1	1	0

Medical examinations.

6. The medical referee, medical practitioner, or medical board to whom any matter is referred, shall give a certificate in accordance with Form C and shall forward such 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 as follows:—

At reasonable hours, once a week during the second mouth, and 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 E.

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 twenty-one 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.

Returns by Departments.

12. The permanent head or chief officer of each Department and authority shall furnish to the Commissioner not later than 31st day of July, in each year, a correct return in accordance with Form D of payments made under this Act during the previous twelve months ended 30th day of June.

Returns by Commissioner to Treasurer.

13. 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.

 

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 Commission.

Commonwealth Railways.

Australian Commonwealth Shipping Board.

Council for Scientific and Industrial Research.

North Australia Commission.

Compliance with Forms.

15. Strict compliance with the forms in the Schedule shall not be required and substantial compliance shall suffice for the purposes of these Regulations.

Declarations.

16. 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.

————

THE SCHEDULE.

Form A.

——

Commonwealth Employees’ Compensation Act 1930.

——

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 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.
In what capacity and by what Department or Authority were you employed at the time of your injury?
State the nature of your injury; also how, when and where it was caused.
If you are claiming in respect of incapacity arising from an industrial disease:— (a) What is nature of the disease? (b) When was it caused? (c) When were you first incapacitated by such disease? (d) What was the nature of your employment and for what period were you engaged thereon? (e) If you have previously suffered from such disease state:— (i) The approximate date on which it first manifested itself. (ii) The extent to which it interfered with your employment
Was notice of the accident or incapacity served? If so, on whom, and on what date?
Have you engaged in any employment since the date of your injury or incapacity? If so, give full particulars.
If this claim is made more than six months after the occurrence of the accident or incapacity, give reasons for failure to make the claim within that period.
Have you a claim against the Commonwealth or any person for compensation, or for any payment in respect of the injury under any other law in force in the Commonwealth or any other place?

If you have any living children under the age of fourteen years and in respect of whom you are not receiving any payment by way of child endowment, give particulars:—

Full names of children. Dates of birth. Extent of dependence on employee at time of injury.

Declared at........................... on the............................. day of....................................... 19 .

Signature of Declarant 

Before me   

‡ 

* The claim should be addressed to the Permanent Head or Chief Officer of the Department or Authority in or by which the employee was employed at the time of the accident, or to the officer in charge of the work on which the employee was so employed.

  The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Postmaster,” &c.

‡ The declaration 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.

Form B.

Commonwealth Employees’ Compensation Act 1930.

——

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 the 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.
In what capacity and by what Department or Authority was the above-named employee employed at the time of his injury?
State the nature of such injury; also how, when and where it was caused. If the death of the employee was caused by an industrial disease:— (a) What was nature of disease? (b) When was it caused? (c) When was he first incapacitated by such disease? (d) What was the nature of his employment and for what period was he engaged thereon? (e) If he ever previously suffered from such disease, state:— (i) The approximate date on which it first manifested itself. (ii) The extent to which it interfered with his employment.
Was notice of the accident or incapacity served? If so, on whom and on what date?
What is your relationship to the deceased employee?
Were you dependent upon his earnings at the time of his death? If so, state whether you were wholly dependent.
If you were only in part dependent, give full particulars.
Was any other person contributing towards your maintenance at the time of his death, or did you at that time have any other means of support? If so, give full particulars.
Are you in receipt of an Invalid or Old-age Pension? If so, give particulars.

 

Form B—continued.

Claim by Dependant of Employee—continued.

Questions and requests for information.			Replies.
Are you receiving or entitled to receive any payment under any law other than the Commonwealth Employees’ Compensation Act 1930 in respect of the death of the aforesaid employee? If so, give particulars.
Give the names, addresses, and relationships to the employee of all other persons (except children) known to you, who were dependent upon his earnings at the time of his death.
If this claim is made more than six months after the accident or incapacity, give reasons for failure to make the claim within that period.
Have you a claim against the Commonwealth or any person for compensation, or for any payment in respect of the injury under any other law in force in the Commonwealth or any other place?
Full names of children of deceased employee.	Dates of Birth.	State whether wholly dependent on earnings of employee at time of his death.		If not wholly dependent, give full particulars.

Declared at............................. on the............................. day of....................................... 19 .

Signature of Declarant 

Before me   

‡ 

* The claim should be addressed to the Permanent Head or Chief Officer of the Department or Authority in or by which the employee was employed at the time of the accident, or to the officer in charge of the work on which the employee was so employed.

  The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Postmaster,” &c.

‡ The declaration 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.

 

Form C.

[Front of Form.]

Commonwealth of Australia.

——

Commonwealth Employees’ Compensation Act 1930.

——

REPORT OF MEDICAL REFEREE, MEDICAL BOARD, OR MEDICAL PRACTITIONER.

*I/We............................................................................,*Medical Referee/Medical Board/Medical Practitioner under the Commonwealth Employees’ Compensation Act, have this day examined ..........................................................of.................................................., a claimant for compensation under the above-named Act. On examination—

*I/We find that claimant is suffering from (a)...........................................................................

The above condition is the result of (b) ..........................................., and is such that the claimant is thereby incapacitated at present to the extent of % of total incapacity at his usual occupation, and % of total incapacity in the general labour market. Claimant is fit to undertake employment in such occupations as....................................................................................................................... ............................................................................................................

(c) The above condition is the result of................................................, an industrial disease mentioned in the first column of the Second Schedule to the above-named Act. Such disease * was/was not caused within twelve months prior to the date of claimant’s becoming incapacitated by his employment by the Commonwealth in the process of......................................................................

In *my/our opinion claimant *has/ has not previously suffered from the above-mentioned industrial disease. The disease is/is not of such a nature as is contracted by a gradual process.

General Remarks—

 

*Medical Referee.

Medical Board.

Medical Practitioner.

Date..................................., 19 .

 

* Strike out what is inapplicable.

(a) Fully describe claimant’s general condition.

(b) State whether accident or industrial disease.

(c) This part to be filled in only in case of claimant suffering from an industrial disease.

Attention is invited to the provisions of the Second and Third Schedules to the Act, copies of which are shown on the back of this form.

Form C.

[Back of Form.]

THE SECOND SCHEDULE. Section 10.

Description of Disease.		Description of Process.
Arsenic, phosphorus, lead, mercury or other mineral poisoning		Any employment involving the use or handling of arsenic, phosphorus, lead, mercury or other mineral, or their preparations or compounds
Anthrax................................................................		Woolcombing, woolsorting; handling of hides, skins, wool, hair, bristles or carcasses
Zymotic diseases................................................		Persons employed in a hospital or quarantine station, or in an ambulance brigade
Poisoning by benzol or its homologues or their nitro and amido derivatives (dinitro-benzol, anilin and others)		Any process involving the use of benzol or its homologues or their nitro and amido derivatives or their preparations or compounds
Poisoning by carbon bisulphide.......................		Any process involving the use of carbon bisulphide or its preparations or compounds
Poisoning by nitrous fumes..............................		Any process in which nitrous fumes are evolved
Poisoning by cyanogen compounds		Any process in which cyanogen compounds are used
Poisoning by carbon monoxide.......................		Any process in which carbon monoxide is used or evolved
			Chrome ulceration..............................................		Any process involving the use of chromic acid, or bichromate of ammonium, potassium or sodium or their preparations
Dermatitis produced by dust or caustic or corrosive liquids or ulceration of the mucous membranes of the nose or month produced by dust		Any industrial process
Ankylostomiasis.................................................		Any employment involving exposure to hookworm infestation
Pneumoconiosis................................................		Quarrying or stone crushing or cutting
Nystagmus.................................................
Subcutaneous cellulitis of the hand (beat hand)
Subcutaneous cellulitis over the patella (miner’s beat knee) Acute bursitis over the elbow (miner’s beat elbow)	Mining, or quarrying, or stone crushing or cutting
Inflammation of the synovial lining of the wrist joint and tendon sheath

THE THIRD SCHEDULE Section 12.

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Compensation for Specified Injuries.

Nature of Injury.	Amount Payable.
£	s.	d.
Loss of both eyes................................................................................................................................
Loss of both hands.............................................................................................................................
Loss of both feet.................................................................................................................................	750	0	0
Loss of a hand and a foot.................................................................................................................
Total and incurable loss of mental powers, involving inability to work
Total and incurable paralysis of limbs or mental powers............................................................
Loss of either arm, or of the greater part thereof.................................................................................	675	0	0
Loss of lower part of either arm, either hand, or five fingers of either hand	600	0	0
Loss of leg...................................................................................................................................................

600 0 0

 

The Third Schedule—continued.

Nature of Injury.	Amount Payable.
£	s.	d.
Loss of the lower part of a leg.................................................................................	562	10	0
Loss of a foot........................................................................................................	525	0	0
Loss of one eye, with serious diminution of the sight of the other..............................	675	0	0
Loss of sight of one eye*........................................................................................	375	0	0
Loss of hearing......................................................................................................	600	0	0
Complete deafness of one ear.................................................................................	200	0	0
Loss of a thumb.....................................................................................................	225	0	0
Loss of a forefinger................................................................................................	150	0	0
Loss of part of a thumb..........................................................................................	112	10	0
Loss of little finger, middle finger or ring finger......................................................	112	10	0
Loss of a toe or the joint of a finger.........................................................................	90	0	0
Loss of a joint of a toe............................................................................................	75	0	0

* For the partial loss of the sight of one eye, there shall be payable such percentage of the amount that would be payable for the total loss of the sight thereof as is equal to the percentage of the diminution of sight.

For the purposes of this Schedule, the loss of a specified part of the body shall be deemed to include—

(a) the loss of the use of that part; and

(b) the loss of the efficient use of that part in and for the purposes of his employment:

Provided that in that case a percentage of the prescribed amount payable, equal to the percentage of the diminution of the full efficient use as aforesaid, may be awarded in lieu of the full amount.

 

Form D.

Commonwealth Employees’ Compensation Act 1930.

——

RETURN OF PAYMENTS MADE DURING THE YEAR ENDED 30th JUNE, 19

Department or Authority..................................  State..................................

£	s.	d.
1. Amount paid under First Schedule (General)—
(a) in cases of incapacity.............................................................................. £
(b) in cases of death....................................................................................... £
2. Amount paid under Second Schedule (Industrial Diseases)—
(a) in cases of incapacity.............................................................................. £
(b) in cases of death....................................................................................... £
3. Amount paid under Third Schedule (Specified Injuries)—
4. Amount paid in respect of medical hospital and funeral expenses. (The amount here given should not be included under (1), (2), or (3).)
Total amount of compensation paid under the Act during the year—
Number of injuries in respect of which compensation has been paid under the Act during the year. (The number here given should not include any injury in respect of which an amount of payment has been included in a previous return).....................................................................................
Permanent Head or Chief Officer of the the Department or Authority.
Date..............................................................

Note.—Payments made under the Arbitration Determinations or under any other Act should not be included in this return.

Form E.

Commonwealth Employees’ Compensation Act 1930.

——

ELECTION UNDER SECTION 15.

I, ........................................................of...................................................., being a person entitled under the provisions of a determination made by the Public Service Arbitrator appointed under the Arbitration (Public Service) Act 1920-1929 to a grant of compensation or other benefits in respect of personal injury by accident arising out of and in the course of my employment, hereby elect to take compensation or benefits under the Commonwealth Employees’ Compensation Act 1930.

 

(Signature.)

 

(Date.)

 

By Authority: H. J. Green, Government Printer, Canberra.