Seamen's Compensation Regulations 1912 (Provisional) (Cth)

STATUTORY RULES.

1912. No. 127.

PROVISIONAL REGULATIONS UNDER THE SEAMEN’S COMPENSATION ACT 1911.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Seamen’s Compensation Act 1911 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 13th day of June, One thousand nine hundred and twelve.

DENMAN,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

Minister of State for Trade and Customs.

 

Seamen’s Compensation Regulations.

Short Title.

1. These Regulations may be cited as the Seamen’s Compensation Regulations 1912.

Interpretation.

2. In these Regulations, unless the contrary intention appears, “the Act” means the Seamen’s Compensation Act 1911.

Fee to Medical Referee.

3. The fee payable to a medical referee shall be as follows:—

For a first examination—£ 2.

For a subsequent examination—£ 1.

Prescribed Authority.

4. Wherever in the First Schedule or the Second Schedule to the Act a prescribed authority is referred to, that authority shall in each State be the Collector of Customs for the State.

Moneys Received by Prescribed Authorities.

5. All moneys received by a prescribed authority in pursuance of paragraph (6) or paragraph (7) of the First Schedule to the Act shall be dealt with by such authority in accordance with the directions of the Comptroller-General.

Fee on Application for Reference to a Medical Referee.

6. The fee payable under paragraph (13) of the First Schedule to the Act shall be Two pounds.

C.7822.—Price 3d.

 

Appeal to High Court or Supreme Court from Decision of County Court.

7. (1) An appeal under paragraph (3) of the Second Schedule to the Act may be instituted by notice of appeal in accordance with this Regulation.

(2) The party appealing shall, within twenty-one days after the decision or order appealed against is made, serve the notice of appeal on the opposite party, and shall file a copy of the notice of appeal in the County Court and in the Registry of the High Court in the State or the Supreme Court of the State, as the case requires.

(3) The notice of appeal must state the grounds of appeal, and must set out the Court to which the appeal is made.

(4) The Registrar or other proper officer of the County Court in which the notice of appeal is filed shall, forthwith after receiving it, send to the Registrar or other proper officer of the Court to which the appeal is made, all such proceedings in the County Court as are necessary to the hearing of the appeal.

Application of Rules of High Court or Supreme Court.

8. The Rules of the High Court or the Rules of the Supreme Court, as the case requires, shall, subject to these Regulations, apply to appeals under paragraph (3) of the Second Schedule to the Act, as far as such Rules are applicable.

Particulars of Accidents and Compensation.

9. (1) The owner or master of every vessel (except a vessel included in Sub-regulation (3) of this Regulation), on which seamen to whom the Act applies are employed, shall furnish to the Comptroller-General of Customs, not later than the 31st day of July and the 31st day of January in each year, a return setting forth the particulars required by paragraphs (a) and (b) of section 16 of the Act for the six months ending on the 30th day of June and the 31st day of December respectively in each year.

(2) In addition to the returns required by Sub-regulation (1) of this Regulation, the owner or master of every vessel (except a vessel included in Sub-regulation (3) of this Regulation), on which seamen to whom the Act applies are employed, shall furnish to the Comptroller-General of Customs, not later than the 31st day of July and the 31st day of January in each year, a separate return in respect of each seaman to whom the Act applies injured during the six months ending on the 30th day of June and the 31st day of December respectively in each year, setting forth the following particulars:—

Name of vessel.

Nationality.

Place of registry.

Date of accident.

Name of person injured.

Nature of his employment.

Nature of injury.

Whether injury resulted in death.

Where injury does not result in death, period of incapacitation.

Amount of compensation paid.

Name and address of person to whom paid.

Where injury results in death, relationship of person to whom compensation paid to person injured.

 

9. (3) In the case of a vessel not having an owner in Australia on which any seaman to whom the Act applies is employed; the master shall furnish to the Comptroller-General of Customs, within one week of the date of the accident, or before clearance is granted, a separate return setting forth the particulars specified in Sub-regulation (2) of this Regulation in respect of each seaman to whom the Act applies injured while the vessel is in the territorial waters of the Commonwealth.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.