National Security (War Injuries Compensation) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 326.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 National Security Act 1939-1940.

Dated this twenty-fourth day of July, 1942.

(Sgd.) Gowrie

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (War Injuries Compensation) Regulations. 

Pension not payable to persons to whom certain other pensions or compensation payable.

1. Regulation 19 of the National Security (War Injuries Compensation) Regulations is amended by omitting the word “Volunteers’” and inserting in its stead the word “Workers’”.

2. Regulation 70 of the National Security (War Injuries Compensation) Regulations is repealed and the following regulation inserted in its stead:—

Relief of employers, &c., from liability.

“70.—(1.) There shall not be payable, whether to the person injured or to any other person, in respect of any war injury any such compensation or damages as, but for the provisions of this regulation—

(a) would be payable—

(i) under any law of the Commonwealth, or of a State or Territory of the Commonwealth, relating to compensation to workmen or employees (including employees of the Commonwealth) for injuries arising out of and in the course of, or out of or in the course of, their employment;

(ii) under any scheme or arrangement authorized or approved in pursuance of any such law; or

 

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1942, No. 9.

(iii) under any provision of any award or determination of any court or authority relating to compensation of the kind mentioned in subparagraph (i) of this paragraph; or

(b) would, whether by virtue of any law of the Commonwealth, or of a State or Territory of the Commonwealth by virtue of any contract, or at common law, be payable by any person on the ground that the injury in question was attributable to some negligence, nuisance or breach of duty for which the person by whom the compensation or damages would be payable is responsible:

“(2.) Nothing in sub-paragraph (ii) of paragraph (a) of the last preceding sub-regulation shall affect the right of any person to so much of the compensation which would, but for the provisions of this regulation, be payable in respect of any injury under any such scheme or arrangement as is attributable to any contributions made by the person who sustained the injury under the scheme or arrangement.

“(3.) The failure to give a notice or make a claim or commence proceedings within the time required by any law of the Commonwealth or of a State or Territory of the Commonwealth, or by any scheme, arrangement, award or determination, shall not be a bar to the maintenance of proceedings in respect of any personal injury, if—

(a) within that time an application for a pension has been duly made in respect of the injury;

(b) the court or authority before which the proceedings are brought is satisfied that the application was made in the reasonable belief that the injury was such that a pension could be paid;

(c) the Commission certifies that the application was refused or that a pension granted in pursuance of the application was cancelled, on the ground that the injury was not such an injury; and

(d) the proceedings are commenced within one month after the date of the certificate of the Commission.

“(4.) Where a claim for compensation under these Regulations arising out of any injury has been rejected on the ground that the injury was not a ‘war injury’, nothing in this regulation shall affect any right in relation to that injury.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.