Seamen's Compensation Regulations (Cth)

SEAMEN'S COMPENSATION REGULATIONS
- In force under the Seamen's Compensation Act 1911
- Reprinted as at 31 January 1988 (HISTREG CHAP 11 #DATE 31:01:1988)

*1*The Seamen's Compensation Regulations (in force under the Seamen's Compensation Act 1911) as shown in this reprint comprise Statutory Rules 1926 No. 135 amended as indicated in the Tables below.

Table of Statutory Rules
------------------------------------------------------------------------------ -- Application,
Date of saving
Year and notification Date of or transitional number in Gazette Commencement provisions
------------------------------------------------------------------------------ -- 1926 No. 135 7 Oct 1926 7 Oct 1926
1927 No. 71 12 July 1927 12 July 1927 -
1936 No. 73 4 June 1936 4 June 1936 -
1939 No. 67 24 Aug 1939 24 Aug 1939 -
1942 No. 93 5 Mar 1942 5 Mar 1942 -
1947 No. 124 5 Sept 1947 5 Sept 1947 -
1950 No. 18 6 Apr 1950 6 Apr 1950 -
1963 No. 101 24 Oct 1963 24 Oct 1963 -
1974 No. 86 21 May 1974 21 May 1974 -
1980 No. 253 1 Sept 1980 1 Sept 1980 R.2
1981 No. 248 31 Aug 1981 31 Aug 1981 R.4
358 18 Dec 1981 18 Dec 1981 -
1982 No. 97 30 Apr 1982 30 Apr 1982 R.4
292 29 Oct 1982 29 Oct 1982 R.4
1983 No. 51 29 Apr 1983 29 Apr 1983 R.4
234 28 Oct 1983 28 Oct 1983 R.5
1984 No. 68 30 Apr 1984 30 Apr 1984 R.4
306 26 Oct 1984 26 Oct 1984 R.4
1985 No. 43 24 Apr 1985 24 Apr 1985 R.4
283 31 Oct 1985 31 Oct 1985 R.5
1986 No. 81 24 Apr 1986 24 Apr 1986 R.4
347 28 Nov 1986 28 Nov 1986 R.4
1987 No. 110 3 June 1987 3 June 1987 R.4
282 11 Dec 1987 11 Dec 1987 R.4
------------------------------------------------------------------------------ -- Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substitute
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
R. 2 . . . . . . . . . . .rep. 1981 No. 358
R. 3 . . . . . . . . . . .am. 1939 No. 67; 1947 No. 124; 1950 No. 18;
1963 No. 101; 1974 No. 86; 1981 No. 358
R. 7A. . . . . . . . . . .am. 1927 No. 71; 1936 No. 73; 1942 No. 93;
1981 No. 358
R.15 . . . . . . . . . . .am. 1981 No. 358
R.17 . . . . . . . . . . .am. 1981 No. 358
Rr. 19-23. . . . . . . . .am. 1981 No. 358
R.26 . . . . . . . . . . .am. 1981 No. 358
Rr.34-37 . . . . . . . . .am. 1981 No. 358
R. 38A . . . . . . . . . .ad. 1942 No.93
am. 1981 No. 358
R.42, 43 . . . . . . . . .am. 1981 No. 358
R.44 . . . . . . . . . . .am. 1939 No. 67; 1981 No. 358
Rr.46-53 . . . . . . . . .am. 1981 No. 358
R.54 . . . . . . . . . . .am. 1939 No. 67; 1981 No. 358
R. 55. . . . . . . . . . .am. 1981 No. 358
R.56 . . . . . . . . . . .am. 1939 No. 67; 1981 No. 358
Rr. 57, 58 . . . . . . . .am. 1981 No. 358
R.59 . . . . . . . . . . .am. 1947 No. 124; 1981 No. 358
Rr. 60-62. . . . . . . . .am. 1981 No. 358
Rr.65-67 . . . . . . . . .am. 1981 No. 358
R.70 . . . . . . . . . . .am. 1981 No. 358
R. 73. . . . . . . . . . .am. 1981 No. 358
R.75 . . . . . . . . . . .am. 1981 No. 358
Rr. 77-79. . . . . . . . .am. 1981 No. 358
R.80 . . . . . . . . . . .rep. 1939 No.67
R.82 . . . . . . . . . . .am. 1981 No. 358
R.84 . . . . . . . . . . .am. 1981 No. 358
Heading to Part IV . . . .am. 1981 No. 358
Heading to Div. 2 of Part am. 1981 No. 358
IV
R.90 . . . . . . . . . . .am. 1981 No. 358
R.95 . . . . . . . . . . .am. 1981 No. 358
Heading to Div. 3 of Part am. 1981 No. 358
IV
R. 100 . . . . . . . . . .am. 1981 No. 358
Heading to Div. 4 of Part am. 1981 No. 358
IV
R. 112. . . . . . . . . .am. 1981 No. 358
R. 113. . . . . . . . . .rs. 1947 No. 124
R. 115. . . . . . . . . .am. 1939 No. 67; 1963 No. 101; 1981 No. 358
R. 118. . . . . . . . . .rs. 1980 No. 253
am. 1981 No. 248; 1982 Nos. 97 and 292; 1983
Nos. 51 and 234; 1984 Nos. 68 and 306;
1985 Nos. 43 and 283; 1986 Nos. 81 and
347; 1987 Nos. 110 and 282
Rr. 119, 120 . . . . . . .ad. 1980 No. 253
am. 1981 No. 248; 1982 Nos. 97 and 292; 1983
Nos. 51 and 234; 1984 8 Nos. 68 and 306;
1985 Nos. 43 and 283; 1986 Nos. 81 and
347; 1987 Nos. 110 and 282
Heading to The Schedule. .rep. 1981 No. 358
Heading to Schedule. . . .ad. 1981 No. 358
The Schedule . . . . . . .am. 1939 No. 67; 1947 No. 124; 1950 No. 18;
1963 No. 101
Schedule . . . . . . . . .am. 1981 No. 358

SEAMEN'S COMPENSATION REGULATIONS - TABLE OF PROVISIONS 
TABLE

                              TABLE OF PROVISIONS

                              PART I - PRELIMINARY

Regulation

  1.  Citation

  3.  Interpretation

             PART II - APPLICATION FOR AND PROCEDURE ON ARBITRATION

                   Division 1 - Applications for Arbitration

  4.  Parties to arbitration

  5.  Joinder of several applicants

  6.  Applications by dependants for settlement of compensation

  7.  Application by dependants where amount of compensation agreed upon or

      ascertained

  7A. Application by prescribed authority for arbitration

  8.  Parties to arbitration as to sum payable for medical attendance and
burial Apportionment of such sum

  9.  Rules of Court to apply to arbitration proceedings

 10.  Requests for arbitration

      Particulars

 11.  Forms of request and particulars

 12.  Application by employer

 13.  Copies for Judge or magistrate and for respondents

 14.  Where applicant illiterate

              Division 2 - Proceedings in Arbitration before Judge

 15.  Fixing day and place for arbitration

 16.  Notice to parties

 17.  Service on respondents

      Where service effected otherwise than by bailiff

      Service by post

 18.  Stay of proceedings

 19.  Answer by respondent

 20.  Submission to award or payment into court by respondent

      Acceptance of weekly payment offered

      Acceptance of sum paid into court

      Procedure if weekly payment offered or sum paid in is accepted

      Costs payable by respondent

      Acceptance at any time before arbitration opened

      Procedure and costs if weekly sum offered or sum paid in is not
accepted

      Submission to award or payment into court where employer admits
liability

      Payment into court in case of injury to seaman

      Submission to award or payment into court with denial of liability

 21.  Notice of claim to indemnity under section 7

 22.  Appearance by third party

 23.  Proceedings in default of appearance by third party

 24.  Application for direction may be given

 25.  Costs

 26.  Notice of claim to indemnity under section 10 or otherwise than under

      section 7

      If person served makes default he is to be deemed to admit validity of

      award against respondent

      Where notice not served in due time

      Application to Judge for directions as to conduct of arbitration

      Costs

      Judge, how far empowered to decide questions as to liability of third

      party

 27.  Third party procedure where employer is applicant

 28.  Claim to indemnity as between respondents

 29.  Abridgment of time for service answer, &c.

 30.  Procedure on arbitration

 31.  Award

      Division 3 - Proceedings before Arbitrator appointed by County Court

 32.  Appointment of arbitrator

 33.  Fixing day for arbitration

 34.  Procedure before arbitrator

 35.  Submission of question of law by committee or arbitrator to Judge

 36.  Appeal to High Court or Supreme Court from decision of County Court

 37.  Application of Rules of High Court or Supreme Court

               Division 4 - General Provisions as to Arbitration

 38.  Appearance of parties

 38A. Evidence by affidavit

 39.  Note to be taken of questions of law raised, &c., and copy furnished

 40.  Claims for compensation

 41.  Description of owners or charterers in documents and proceedings

                        Division 5 - Detention of Ships

 42.  Detention of ships

                   Division 6 - Appointment of New Arbitrator

 43.  Appointment of arbitrator by Judge in place of arbitrator agreed on by
the parties under Schedule 2, paragraph (7)

 Division 7 - Registration, Reference, and Removal of Memoranda and
Agreements

 44.  Memorandum to be sent to prescribed authority

 45. Authentication of memorandum of agreement

 46.  Notice to parties interested of memorandum having been received

 47.  Recording of memorandum if not disputed

 48.  Where memorandum disputed or employer objects to its being recorded

 49.  Notice of dispute or objection

 50.  Subsequent proceedings

      Amendment of memorandum by consent

 51.  Proceedings on application for record of memorandum or rectification of

      register

 52.  Where memorandum of agreement relates to matter within Schedule 2,

      paragraph (8), proviso (d) of Act

 53.  Application for removal of agreement from register

      Notice where inquiry directed by Judge or magistrate

 54.  Payment and investment and application of lump sum payable under
agreement in lieu of or in redemption of weekly payment to person under
disability

    Division 8 - Payment and Investment of Moneys and Suspension of Payments

 55.  Application to stay proceedings or suspend weekly payment on refusal of

      seaman to submit to examination

 56.  Payment, investment and application of payment in case of death

 57.  Payment where liability admitted but amount not ascertained

 57A. Advances to dependants in certain circumstances

 58.  Payment into court where liability denied

 59.  Application for payment of weekly payment to person under legal
disability
 60.  Application for variation of order

 61.  Investment and application of sums paid in redemption of weekly
payments

 62.  When seaman receiving weekly payment intends to cease to reside in

      Australia

 63.  Payment of arrears of weekly payments on death of seaman residing out
of

      Australia

                           Division 9 - Miscellaneous

 64.  Costs

 65.  How amount for purposes of taxation to be determined, &c.

      Reasonable costs may be allowed where provision not expressed

 66.  Taxation of costs awarded by committee or arbitrator agreed on by the

      parties

 67.  Execution

 68.  Proceedings on judgment summons

 69.  Other proceedings for enforcement of award, &c.

 70.  When award or order may be set aside or varied

 71.  Deposit of order of Court of Appeal with Registrar and procedure
thereon

 72.  Where proceedings may be taken

 73.  Objection to place of proceedings

 74.  Variation by a Judge other than the Judge making the order

 75.  Filing of certified copy of memorandum, &c., before taking subsequent

      proceedings in a court

 76.  Transfer

 77.  Procedure in connection with application to transfer

 78.  Filing and service of documents and notices

 79.  Provisions as to parties acting by barristers and solicitors and as to

      substituted service and notice in lieu of service

 81.  Procedure where not otherwise provided for

 82.  Record of proceedings before Judge or magistrates

            PART III - TIMES FOR EXAMINATION OF SEAMEN BY A MEDICAL

                       PRACTITIONER PAID BY THE EMPLOYER

 83.  Worker meeting with accident not to be required to be medically
examined

      examined except at reasonable hours

 84.  Intervals between examinations of worker in receipt of weekly payments

      Additional examination after second month when revision of payments
sought
             PART IV - DUTIES AND REMUNERATION OF MEDICAL REFEREES

                UNDER PROVISIONS OF SCHEDULES 1 AND 2 OF THE ACT

                              Division 1 - General

 85.  In absence of special circumstances reference to be to referee for
place

      in which case arises

 86.  Reference to be signed by registrar and have court seal

 87.  Referee to furnish quarterly statement of fees

 88.  Statement of travelling expenses with quarterly statement

 89.  Minister may allow referee special expert assistance

            Division 2 - References under Schedule 1, Paragraph (13)

 90.  Application for reference to a medical referee

 91.  On receipt of reference referee to send notice to parties fixing time
and

      place of examination

 92.  Referee to personally examine seaman before certifying

 93.  Form of certificate

 94.  Certificate to be sent to registrar

 95.  Scale of referee fees

            Division 3 - References under Schedule 1, Paragraph (19)

 96.  Referee to notify parties of time and place of examination

 97.  Referee to personally examine seaman before certifying

 98.  Form of certificate

 99.  Certificate to be sent to registrar

100.  Fee of medical referee

101.  Appointment of medical referees

            Division 4 - References under Schedule 2, Paragraph (12)

102.  Conditions of reference

103.  Form and mode of reference

104.  Order for examination of seaman

105.  Reference to be signed

106.  Committee or agreed arbitrator need not name referee

107.  Duties of Registrar

108.  Registrar to file report of medical referee

109.  Medical referee to appoint time and place for examination

110.  Report of medical referee

111.  Further statement from referee

112.  Fees

                             PART V - MISCELLANEOUS

113.  Notification of left-handedness

114.  Review of weekly payment

115.  Returns of accidents and compensation

116.  Matters how distinguished

117.  Forms in Schedule or like forms may be used

118.  Amounts prescribed for the purposes of certain provisions of the Act

119.  Amounts prescribed for the purposes of clause (1) (a) (i) of Schedule 1
to the Act

120.  Amount prescribed for the purposes of subparagraph (1) (b) of Schedule
1

      to the Act

                                    SCHEDULE

                                     Forms

SEAMEN'S COMPENSATION REGULATIONS - PART I 
 PART I - PRELIMINARY

SEAMEN'S COMPENSATION REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Seamen's Compensation Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SEAMEN'S COMPENSATION REGULATIONS - REG 3
Interpretation

3. In these Regulations, unless the contrary intention appears -
"Agreed Arbitrator" means a single arbitrator agreed on by the parties to settle any matter which, under the Seamen's Compensation Act 1911, is to be settled by arbitration.

"Appointed Arbitrator" means a single arbitrator appointed by the Judge.

"Committee" means a committee representative of an employer and his seamen, with power to settle matters under the Seamen's Compensation Act 1911, in the case of employer and seamen.

"Judge" means a Judge of a County Court.

"Medical Referee" means a medical practitioner appointed by the Minister to act as medical referee for the purposes of the Seamen's Compensation Act 1911.

"Prescribed Authority" means the Regional Controller for the State in which the proceedings are commenced, the Secretary, the High Commissioner for the Commonwealth, or any officer of the High Commissioner's staff thereto authorized in writing by him.

"Reference" means -
(a) in Regulations in Division 2 of Part IV, the appointment of a medical referee by the prescribed authority, to give a certificate, in accordance with the provisions of paragraphs (13), (14), and (15) of Schedule 1 to the Seamen's Compensation Act 1911, as to the condition of the seaman and his fitness for employment, or as to whether or to what extent the incapacity is due to the accident;
(b) In Regulations in Division 3 of Part IV, the appointment of a medical referee by the prescribed authority to give a certificate, in accordance with the provisions of paragraph (19) of Schedule 1 to the Seamen's Compensation Act 1911, as to whether the incapacity resulting from the injury is likely to be of a permanent nature; and
(c) In Regulations in Division 4 of Part V, the appointment of a medical referee by a committee, arbitrator, or Judge, to report on any matter material to any question arising in an arbitration under the Seamen's Compensation Act 1911.

"Regional Controller" means a person for the time being performing the duties of an office of Regional Controller, Department of Transport.

"Registrar" means a Registrar, Deputy Registrar, or Assistant Registrar of a County Court.

"The Act" means the Seamen's Compensation Act 1911, and if at any time that Act is amended, means that Act as so amended.

"The Schedule" means the Schedule to these Regulations.

"the Secretary" means the person for the time being performing the duties of the office of the Secretary to the Department of Transport and Director-General of Civil Aviation.

SEAMEN'S COMPENSATION REGULATIONS - PART II 
 PART II - APPLICATION FOR AND PROCEDURE ON 
 ARBITRATION

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 1 
 Division 1 - Applications for Arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 4
Parties to arbitration

4. (1) When application is made for the settlement of any matter which under the Act is to be settled by arbitration the party making such application shall be called the "Applicant," and, subject to these Regulations, all other persons whose presence at the arbitration may be necessary to enable the Judge or arbitrator effectively and completely to adjudicate upon and settle all the questions involved shall be made parties to the application, and shall be called the "Respondents".
(2) In any case in which both the principal contractor and a contractor with him are alleged to be liable to pay compensation under the Act, all persons may be joined as respondents against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative.

SEAMEN'S COMPENSATION REGULATIONS - REG 5
Joinder of several applicants

5. More persons than one may be joined as applicants in one arbitration in any case in which any right to any relief arising out of the same injury to the same seaman is alleged to exist, whether jointly, severally, or in the alternative, provided that the Judge or arbitrator upon the application of any respondent, if it appear to him that the joinder may embarrass or delay the proceedings, may order separate hearings.

SEAMEN'S COMPENSATION REGULATIONS - REG 6
Applications by dependants for settlement of compensation

6. (1) An application on behalf of the dependants of a deceased seaman for the settlement by arbitration of the amount payable as compensation to such dependants may be made by the legal personal representative (if any) of the deceased seaman on behalf of the dependants or by the dependants themselves, and in either case the particulars to be filed as hereinafter mentioned shall contain particulars as to the dependants on whose behalf the application is made:

Provided that, if there be any conflict of interest between the dependants themselves or if any dependants neglect or refuse to join in an application, the application may be made by or on behalf of some only of the dependants, the other dependants in either case being named as respondents.

(2) In the construction of this regulation the term "dependants" shall include persons who claim or may be entitled to claim to be dependants but as to whose claim to rank as dependants any question arises.

SEAMEN'S COMPENSATION REGULATIONS - REG 7
Application by dependants where amount of compensation agreed upon or
ascertained

7. (1) In any case in which the amount payable as compensation to the dependants of a deceased seaman has been agreed upon or ascertained, but any question arises as to who are dependants, or as to the amount payable to each dependant, an application for the settlement of such question by arbitration may be made either by the legal personal representative (if any) of the deceased seaman on behalf of the dependants or any of them, or by the dependants or any of them, against the other dependants, and the persons claiming or who may be entitled to claim to be dependants, but as to whose claim to rank as such a question arises; or such application may be made by the persons claiming to be dependants, but as to whose claim to rank as such a question arises, or any of them, against the legal personal representative (if any) of the deceased seaman and the dependants, and such of the persons claiming or who may be entitled to claim to be dependants as are not applicants.

(2) In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him a respondent, but if the compensation or any part thereof is still in his hands he shall be made a respondent.

(3) The employer, if made a respondent, may pay the amount of compensation in his hands into the County Court in the place in which the proceedings have been commenced, to be dealt with as the Judge or arbitrator directs, and thereupon further proceedings against him shall be stayed.

SEAMEN'S COMPENSATION REGULATIONS - REG 7A
Application by prescribed authority for arbitration

7A. (1) Where any sum has been paid by an employer to the prescribed authority as the compensation payble to the dependants of a deceased seaman, all questions arising under the Act in respect of such compensation may be determined by arbitration before a Judge under this regulation.

(2) The application for arbitration shall be made and signed by the prescribed authority and shall be filed with the Registrar.

(3) The application shall be intituled in the matter of the Act and in the matter of the arbitration and shall state concisely the questions to be determined.

(4) Particulars shall be appended or annexed to the application containing -
(a) a concise statement of the circumstances under which the application is made;
(b) the names and addresses of the employer and of all persons who appear to the prescribed authority to be dependants of the seaman;
(c) the amount paid to the prescribed authority as compensation;
(d) the amounts (if any) paid by the prescribed authority as advances in payment or part payment of compensation to or for the benefit of persons appearing to be dependants of the seaman; and
(e) any other matters deemed by the prescribed authority relevant to the application.

(5) After the application has been filed with the Registrar, the Judge may on the request of the prescribed authority -
(a) direct upon whom, in what manner, and at what times notice and copies of the application and particulars shall be served;
(b) appoint the place of hearing and the day and hour for proceeding with the arbitration; and
(c) give directions as to any other matter relative to the application.

(6) The day for proceeding shall be so fixed as to allow for documents being served at least 20 clear days before the day fixed.

(7) The notice of the application shall be signed by the Registrar and shall state -
(a) the place at which and the day on and hour at which the arbitration will be proceeded with;
(b) that if the person to whom the notice is addressed does not attend in person or by his solicitor such order will be made and proceedings taken as the Judge thinks just and expedient; and
(c) any other matter directed by the Judge to be stated therein.

(8) The Judge shall in his award have regard to all amounts paid by the prescribed authority as advances in payment or part payment of compensation to or for the benefit of dependants of the seaman and shall direct against whose share and in what proportion such amounts shall be debited.

(9) No order for costs shall be made against the prescribed authority in any proceeding under this regulation.

(10) Subject to this regulation the provisions of this Part of these Regulations shall apply as far as applicable to proceedings under this regulation.

SEAMEN'S COMPENSATION REGULATIONS - REG 8
Parties to arbitration as to sum payable for medical attendance and burial

8. (1) An application for the settlement by arbitration of the sum payable in respect of medical attendance on and the burial of a deceased seaman, who leaves no dependants, shall be made by the legal personal representative (if any) of the deceased seaman.

(2) If there is no legal personal representative, the application may be made by any person to whom any such expenses are due, and any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application, either as an applicant or respondent.

Apportionment of such sum
(3) In any case in which application is made for the settlement by arbitration of the amount payable in respect of medical attendance on and the burial of a deceased seaman, the amount awarded, if insufficient for the payment of the expenses in full, shall be apportioned between the persons to whom the expenses are due in such manner as the Judge or arbitrator directs.

SEAMEN'S COMPENSATION REGULATIONS - REG 9
Rules of Court to apply to arbitration proceedings

9. The provisions of the Rules for the time being of the County Courts of the places in which the proceedings have been commenced as to parties suing or defending on behalf of other persons having the same interest, and the provisions of those Rules as to persons under disability and partners suing and being sued shall, with the necessary modifications, apply to proceedings by way of arbitration under the Act.

SEAMEN'S COMPENSATION REGULATIONS - REG 10
Requests for arbitration

10. (1) Where any question has arisen and has not been settled by agreement, an application for the settlement of the matter by arbitration shall be made by the applicant filing with the Registrar a request for arbitration, intituled in the matter of the Act and in the matter of the arbitration, which request shall state concisely the subject-matter of the claim.

Particulars
(2) Particulars shall be appended or annexed to the request containing -
(a) A concise statement of the circumstances under which the application is made, and the relief or order which the applicant claims:

(b) The date of service of notice of the accident on the employer, or, if such notice has not been served, the reason for such omission:

(d) The full names and addresses of the respondents and of the applicant and of his solicitor, if the proceedings are commenced through a solicitor.

SEAMEN'S COMPENSATION REGULATIONS - REG 11
Forms of request and particulars

11. (1) The request and particulars may be in accordance with such one of the forms in the Schedule as shall be applicable to the case, with such modifications as the nature of the case requires.

(2) A copy of the notice of the accident shall be appended or annexed to the particulars, and if a copy of such notice is not so appended or annexed the reason for the omission shall be stated in the particulars.

SEAMEN'S COMPENSATION REGULATIONS - REG 12
Application by employer

12. (1) Where an employer on whom a claim for compensation has been made desires to make an application for the settlement of any matter by arbitration, he shall file with the Registrar a request for arbitration in accordance with regulation 10, to which the seaman or the legal personal representative (if any) and the persons claiming or who may be entitled to claim to be dependants of a deceased seaman, or the other person (as the case may be) on whose behalf the claim was made, shall be respondents.

(2) Particulars shall be appended or annexed to the request containing -
(a) a concise statement of the circumstances under which the application is made;
(b) a statement whether the applicant admits his liability to pay compensation, or denies such liability, wholly or partially, with (in the latter case) a statement of the grounds on and extent to which he denies liability;
(c) a statement of the matters which the applicant desires to have settled by arbitration; and
(d) the full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are commenced by a solicitor.

SEAMEN'S COMPENSATION REGULATIONS - REG 13
Copies for Judge or magistrate and for respondents

13. The applicant shall deliver to the Registrar with the request and particulars a copy thereof for the Judge or arbitrator, a copy for each respondent to be served, and a copy for the prescribed authority.

SEAMEN'S COMPENSATION REGULATIONS - REG 14
Where applicant illiterate

14. Where the applicant is illiterate and unable to furnish the required information in writing, the request and particulars and copies shall be filled up by the Registrar or his clerk.

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 2 
 Division 2 - Proceedings in Arbitration before Judge

SEAMEN'S COMPENSATION REGULATIONS - REG 15
Fixing day and place for arbitration

15. (1) On the filing of a request for arbitration, the Registrar shall transmit a copy of the request and particulars to the Judge, who shall as soon as conveniently may be appoint the place of hearing and the day and hour for proceeding with the arbitration.
(2) The day shall be so fixed as to allow the copies and the request and particulars to be served on the respondents at least 20 clear days before the day so fixed.

SEAMEN'S COMPENSATION REGULATIONS - REG 16
Notice to parties

16. (1) On the day for proceeding with an arbitration being fixed, the Registrar shall give or send by post notice in writing to the applicant stating the place at which and the day and hour when the arbitration will be proceeded with, and shall issue the copies and the request and particulars for service on the respondents, and on the prescribed authority, together with notices stating the place at which and the day and hour on and at which the arbitration will be proceeded with, and that if the respondents do not attend in person or by their solicitors such order will be made and proceedings taken as the Judge thinks just and expedient.

(2) Where the request is filed by an employer, the notice to be served on the respondents shall be modified by the omission of the words therein relating to denial or admission of liability or compensation.

SEAMEN'S COMPENSATION REGULATIONS - REG 17
Service on respondents

17. (1) The copies and notices mentioned in regulation 16 shall be served on the respondents and on the prescribed authority at least 20 clear days before the day fixed for proceeding with the arbitration.

(2) The copies and notices mentioned in regulation 16 may be served -
(a) by a bailiff of a court;
or, at the request of the applicant or his solicitor,
(b) by the applicant, or some clerk or servant in his permanent and exclusive employ; or
(c) by the applicant's solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them, or some person employed by either of them to serve such copies and notices.

(3) Service may be effected by delivering the copy and notice to the person on whom it is to be served, or by sending it by post in a registered letter addressed to him at his residence or place of business in accordance with the provisions of sub-sections 6 (3), (4) and (5) of the Act.

Where service effected otherwise than by bailiff
(4) Where service is effected otherwise than by a bailiff, a copy of the document served, with the date and mode of service endorsed thereon shall, within 3 clear days next after the date of service, or such further time as may be allowed by the Registrar of the court issuing such document, be delivered or transmitted to the Registrar by the applicant. The applicant shall also (unless the respondent files an answer) after the time limited for filing an answer, deliver or transmit to the Registrar an affidavit of the service of such according to Form 10 in the Schedule with such variations alterations and additions as the circumstances of the case require.

Service by post
(5) Where a document is served by post it shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of the document it shall be sufficient to prove that the same was properly addressed and registered.

(6) Subject to the provisions of section 6 of the Act as to the service of the notice of accident and the claim for compensation, any document, notice, or proceeding to be served on the owners or charterers of a ship shall be deemed to be sufficiently served if served on the managing owner or charterer or the manager for the time being of the ship, or (except where the master is claiming compensation) on the master of the ship.

SEAMEN'S COMPENSATION REGULATIONS - REG 18
Stay of proceedings

18. Where several requests for arbitration are filed by different applicants against the same respondent in the same Court in respect of matters arising out of the same circumstances, the respondent may, on filing an undertaking to be bound, so far as his liability to pay compensation is concerned, by the award in such one of the arbitrations as may be selected by the Judge, apply to the Judge under the Rules of the County Court relating to a stay of proceedings for an order to stay proceedings in the arbitration other than the one so selected until an award is made in the selected arbitration; and the Rules relating to a stay of proceedings shall, with the necessary modifications, apply accordingly.

SEAMEN'S COMPENSATION REGULATIONS - REG 19
Answer by respondent

19. (1) If any respondent desires to disclaim any interest in the subject-matter of an arbitration, or considers that the applicant's particulars are in any respect inaccurate or incomplete, or desires to bring any fact or document to the notice of the Judge, or intends to rely on the fact that the notice of the accident, or of death, disablement, or suspension, was not given as required by the Act, or that the claim for compensation was not made within the time limited by the Act, or intends to deny (wholly or partially) his liability to pay compensation under the Act, he shall, 10 clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar an answer, stating his name and address, and the name and address of his solicitor (if any), and stating that he disclaims any interest in the subject-matter of the arbitration, or stating in what respect the applicant's particulars are inaccurate or incomplete, or stating concisely any fact or document which he desires to bring to the notice of the Judge, or on which he intends to rely, or the grounds on and extent to which he denies liability.

(2) The respondent shall with the answer file copies thereof for the applicant and the Judge, and one copy for each of the other respondents, and the Registrar shall within 24 hours after receiving the copies transmit the same by post to the applicant and the other respondents respectively, and may post or deliver a copy to the Judge.

(3) Subject to any answer so filed, the applicant's particulars and, in the case of a claim for compensation, the liability to pay compensation under the Act, shall be taken to be admitted:

Provided that in case of non-compliance with this regulation, and of the applicant not consenting at the arbitration to permit a respondent to avail himself of any matter of which he should, pursuant to this regulation, have given notice by filing an answer, the Judge may, on such terms as he thinks fit, either proceed with the arbitration and allow the respondent to avail himself of such matter, or adjourn the arbitration to enable the respondent to file such answer.

(4) The provisions of this regulation shall, with the necessary modifications, apply to a case in which a request for arbitration is filed by an employer; but a respondent who fails to file an answer shall not be taken to admit the truth of any statement in the applicant's particulars in which he denies, wholly or partially, his liability to pay compensation.

SEAMEN'S COMPENSATION REGULATIONS - REG 20
Submission to award or payment into court by respondent

20. (1) Where a respondent from whom compensation is claimed admits liability, he may at any time before the day fixed for proceeding with the arbitration -
(a) where the application is made by an injured seaman - file with the Registrar a notice that the respondent submits to an award for the payment of a weekly sum to be specified in the notice; or
(b) where the application is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance on and the burial of a deceased seaman who leaves no dependants - pay into the County Court in the place in which proceedings have been commenced such sum of money as the respondent considers sufficient to cover his liability in the circumstances of the case.

(2) The Registrar shall within 24 hours from the time of any notice filed or payment made, pursuant to sub-regulation (1), send notice thereof (with, where notice is filed, a copy of the notice) to the applicant and to the other respondents (if any).

Acceptance of weekly payment offered
(3) If the applicant is a seaman, and elects to accept in satisfaction of his claim the weekly payment specified in the respondent's notice, he shall send to the Registrar and to the respondent by post, or leave at the Registrar's office and at the residence or place of business of the respondent, a written notice according to Form 15 in the Schedule stating such acceptance, within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of notice of submission by the respondent has permitted.

Acceptance of sum paid into court
(4) If the application for arbitration is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance and burial as aforesaid, and the applicant is willing to accept the sum paid into Court in satisfaction of the compensation payable to the dependants, or in respect of such medical attendance and burial (as the case may be), he shall send to the Registrar and to the respondent by post, or leave at the Registrar's office, and at the residence or place of business of the respondent, a written notice of such willingness, according to Form 15 in the Schedule within such reasonable time before the day fixed for proceeding with the arbitration as the time of payment into Court by the respondent has permitted.

If there be any other respondents, the applicant shall in like manner give notice of such willingness to such respondents; and if any of such respondents are willing to accept the sum paid into Court in satisfaction of the compensation as aforesaid they shall in like manner give notice of their willingness to the Registrar and to the applicant and other respondents.

Procedure if weekly payment offered or sum paid in is accepted
(5) If the applicant is a seaman and elects to accept in satisfaction of his claim the weekly payment submitted by the respondent, or if in any other case the applicant and all the respondents give notice of their willingness to accept the sum paid into Court, the following provisions shall apply:

(a) Where the respondent submits to an award for the payment of a weekly sum, the Judge may, on an application made to him forthwith, make an award directing payment of the weekly sum accordingly.

(b) Where the respondent has paid money into Court, further proceedings against such respondent shall be stayed, except as hereinafter mentioned; and
(i) if the applicant and the other respondents agree as to the apportionment and application of the sum, the Judge may on application made to him on behalf of or with the consent of all such parties, forthwith make an award for the apportionment and application;
(ii) in any other case the arbitration may proceed as between the applicant and the other respondents.

Costs payable by respondent
(c) The Judge may, in his discretion, by his award order the respondent filing notice of submission to an award or paying money into Court to pay such costs as the applicant and the other respondents, or any of them, may have properly incurred before the receipt of notice of submission to an award or payment into Court, and his or their costs properly incurred in relation to notice of submission to an award or payment into Court and of the notice of acceptance, including, if the Judge on consideration of the facts of the case shall so order, any items which might have been allowed by order of the Judge at the hearing of the arbitration.

(d) If the applicant or any respondent intends to apply for costs, he shall give notice of his intention in his notice of acceptance according to Form 15 in the Schedule; or where the time of filing notice of submission to an award or the time of payment into Court by a respondent does not permit of notice on acceptance being given, the applicant or any respondent may apply for costs without giving notice.

Acceptance at any time before arbitration opened
(6) Where any party has not given notice of acceptance in accordance with this regulation, he may nevertheless accept the weekly payments which the respondent has submitted to pay, or the sum paid into Court, at any time before the arbitration is called on and opened subject to the payment of any costs which may have been reasonably incurred by the respondent since the date of filing notice of submission or the date of payment into Court, and which may be allowed by the Judge, and the Judge may order any costs so allowed to be paid by the parties so accepting, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payments or compensation awarded to such party.

Procedure and costs if weekly sum offered or sum paid in is not accepted
(7) In default of notice of acceptance by the applicant and all the respondents, the arbitration may proceed, but if no greater weekly payment or compensation is awarded than that which the respondent has submitted to pay or has paid into Court, the respondent shall not be liable to pay any further costs than such as he might have been ordered to pay if the weekly payment offered or sum paid into Court had been accepted, and the Judge may order any costs incurred by the respondent after notice of submission to an award or payment into Court to be paid by any party who has not given notice of acceptance of such weekly payment or sum, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to such party. The Judge may also order any costs incurred after notice of payment into Court by any party who has given notice of acceptance to be paid by any other party who has not given such notice, and to be deducted from any compensation awarded to the last-mentioned party.

Submission to award or payment into court where employer admits
liability
(8) The provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration admits liability to pay compensation.

Payment into court in case of injury to seaman
(9) Where in the case of an injured seaman an employer admits liability, he may, at any time before the time fixed for proceeding with the arbitration, instead of filing a notice that he submits to an award for the payment of a weekly sum, file a notice that he submits to an award for the payment of a lump sum to be specified in the notice which he considers to be sufficient to cover his liability in the circumstances of the case, and may thereupon pay the sum into the County Court in which proceedings have been commenced, and the provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer files a notice and pays money into Court under this sub-regulation.

Submission to award or payment into court with denial of liability
(10) An employer who denies liability may file a notice of submission to an award or pay money into Court in accordance with this regulation, accompanied by a notice stating his name and address, and further stating that, notwithstanding such submission or payment, he denies his liability, together with as many copies of the notice as there are parties to whom notice of the submission or payment is to be sent, and the provisions of this regulation shall, with the necessary modification, apply to a case in which an employer files a notice of submission to an award or pays money into Court under this sub-regulation, and a copy of the notice denying liability shall be sent by the registrar to every person to whom notice of submission to an award or payment into Court has to be sent.

SEAMEN'S COMPENSATION REGULATIONS - REG 21
Notice of claim to indemnity under section 7

21. Where a respondent claims to be entitled under section 7 of the Act to indemnity against any person not a party to the arbitration, he shall 10 clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar a notice of his claim and serve a copy of the same, together with a copy of the applicant's request and particulars and of the notices served on the respondent under regulations 16 and 17, upon the person against whom such claim is made.

SEAMEN'S COMPENSATION REGULATIONS - REG 22
Appearance by third party

22. If any person served with a notice under regulation 21 (hereinafter called the "Third Party") desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, or his own liability to such respondent, he must appear before the Judge on the day fixed for proceeding with the arbitration or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed, and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the Judge has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise, and his own liability to indemnify the respondent to the extent claimed in the notice served on him by the respondent.

Provided that if it appears to the Judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on that day, the Judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.

SEAMEN'S COMPENSATION REGULATIONS - REG 23
Proceedings in default of appearance by third party

23. If the third party fails to appear on the day mentioned in regulation 22, or, if the proceedings are adjourned under that regulation, on the day to which the proceedings are adjourned, then if the arbitration results in an award in favour of the applicant, or the arbitration is finally decided in favour of the applicant otherwise than by an award, the Judge may on the application of the respondent make such an award as the nature of the case may require in favour of the respondent against the third party; but execution thereon shall not issue without leave of the Judge until after satisfaction by the respondent of the award or the amount recovered against him:

Provided that the Judge may set aside or vary any award made by him against the third party under this regulation upon such terms as are just.

SEAMEN'S COMPENSATION REGULATIONS - REG 24
Application for direction may be given

24. The third party or the respondent may apply before or at the arbitration to the Judge for directions: and the Judge upon the hearing of the application may, if satisfied that there is a question proper to be determined as to the liability of the third party to make the indemnity claimed, in whole or in part, order the question of such liability as between the third party and the respondent giving the notice to be determined at or after the arbitration; and if not so satisfied may make such award as the nature of the case requires in favour of the respondent giving the notice against the third party; or the Judge may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper for having the question most conveniently determined, and as to the mode or extent in or to which the third party shall be bound or made liable by the award in the arbitration.

SEAMEN'S COMPENSATION REGULATIONS - REG 25
Costs

25. The Judge may decide all questions of costs as between a third party and the other parties to the arbitration, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case requires.

SEAMEN'S COMPENSATION REGULATIONS - REG 26
Notice of claim to indemnity under section 10 or otherwise than under
section 7

26. (1) Where the respondent claims that if compensation is recovered against him he will be entitled under section 10 of the Act, or otherwise than under section 7 to indemnity against any person not a party to the arbitration, he shall file and serve a notice of his claim in accordance with regulation 21.

If person served makes default he is to be deemed to admit validity of
award against respondent
(2) If any person served with a notice under sub-regulation (1) (hereinafter called the "Third Party") desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, he must appear before the Judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed; and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the arbitrator has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise:

Where notice not served in due time
Provided that if it appears to the Judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on such day, the Judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.

Application to Judge for directions as to conduct of arbitration
(3) The third party or the respondent may apply before or at the arbitration to the Judge for directions, and the Judge upon the hearing of the application, may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper.

Costs
(4) If the third party obtains leave to resist the claim of the applicant against the respondent, the provisions of regulation 25 as to costs shall apply.

Judge, how far empowered to decide questions as to liability of third
party
(5) Nothing in this regulation shall empower the Judge to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the respondent, or to make any award in favour of the respondent against the third party, or to make any further or other order than that the third party shall not be entitled in any future proceedings between the respondent and such third party to dispute the validity of the award as to any matter which the Judge has jurisdiction to decide in the arbitration as between the applicant and the respondent:

Provided that with the consent of the respondent and the third party -
(a) if the arbitration results in an award in favour of the applicant, or is finally decided in favour of the applicant otherwise than by an award, and the third party admits his liability to indemnify the respondent, the Judge may, on application made to him at or after the hearing of the arbitration or the final decision thereof, make such award as the nature of the case requires in favour of the respondent against the third party; but execution thereon shall not issue without leave of the Judge until after satisfaction by the respondent of the award against him or the amount recovered against him; or
(b) the Judge may, on an application for directions, order any question, as to the liability of the third party to make the indemnity claimed, to be settled, as between the respondent and the third party by arbitration after the arbitration between the applicant and the respondent, and may on the subsequent arbitration make such award as the nature of the case requires in favour of either party against the other.

(c) the Judge may decide all questions of costs as between the respondent and the third party and may order either of the parties to pay the costs of the other (including any costs payable by such party to any other party to the arbitration) or give such directions as to such costs as the justice of the case requires.

SEAMEN'S COMPENSATION REGULATIONS - REG 27
Third party procedure where employer is applicant

27. The provisions of regulations 22 to 26 shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration claims to be entitled to indemnity against any person not a party to the arbitration.

SEAMEN'S COMPENSATION REGULATIONS - REG 28
Claim to indemnity as between respondents

28. (1) Where a respondent claims to be entitled to indemnity against any other respondent, a like notice shall be issued and the like procedure shall thereupon be adopted for the determination of questions between the respondents as might be issued and adopted against such other respondent if such last-mentioned respondent were a third party.

(2) Nothing herein contained shall prejudice the rights of the applicant against the respondent.

SEAMEN'S COMPENSATION REGULATIONS - REG 29
Abridgment of time for service answer, &c.

29. The Judge may, for good cause shown, enlarge or abridge the time fixed by these Regulations for service of a request for arbitration on any respondent, or the time for filing an answer, or serving a third party notice, or for taking any step, or filing any document, or giving any notice in any matter; and, if an order is made to that effect, a copy of the order shall be annexed to and served with the notice to be served on the respondent or applicant as the case may be.

SEAMEN'S COMPENSATION REGULATIONS - REG 30
Procedure on arbitration

30. Subject to the special provisions of these Regulations, the procedure in an arbitration shall be the same as the procedure, including the power to grant adjournments, in an action commenced in the County Court by plaint and summons in the ordinary way, and shall be determined by the Judge without a jury in so far as such procedure is applicable to proceedings by way of arbitration; and the statutory provisions and rules for the time being in force relating to actions shall, with the necessary modifications, apply to the arbitration accordingly; and in the application of such provisions and rules the applicant's request for arbitration shall be deemed to be a summons with particulars annexed, the day fixed for proceeding with the arbitration shall be deemed to be the return day, and the applicant and respondents shall be deemed to be plaintiff and defendants respectively:

Provided that the burden of proof of any facts which are not admitted shall be the same, whoever the party may be by whom the request for arbitration is filed.

SEAMEN'S COMPENSATION REGULATIONS - REG 31
Award

31. (1) When the Judge has drawn up, signed, and made his award, he shall cause it to be filed at the office of the Registrar, who shall prepare copies sufficient for service on all persons affected thereby, and forthwith send one copy of the same by post or otherwise to each of such persons.

(2) The Judge shall have power at any time to correct any clerical mistake or error or any admitted error or mistake in the award arising from any accidental slip or omission.

(3) The award shall be enforceable in the same manner as a judgment or order of the Court.

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 3 
 Division 3 - Proceedings before Arbitrator appointed by County Court

SEAMEN'S COMPENSATION REGULATIONS - REG 32
Appointment of arbitrator

32. With respect to the appointment of an arbitrator by a County Court, the following provisions shall apply:
(a) On an application being made for the settlement by arbitration of any matter, a Judge of the County Court may (if, from the state of the business of the Court, or for any other reason, a Judge is unable to settle the matter within a reasonable time) appoint, by writing under his hand, and filed in the Court, an arbitrator to settle the matter.
(b) In case of the death or refusal or inability to act of an arbitrator appointed under this regulation, the Judge may, on the application of any party, appoint a new arbitrator in accordance with this regulation.

SEAMEN'S COMPENSATION REGULATIONS - REG 33 
Fixing day for arbitration 


  33. (1) Where any matter is to be settled by an arbitrator, the Judge shall
return the copy of the request for arbitration to the Registrar, with the
appointment of the arbitrator, to be transmitted to the arbitrator.
  (2) The Registrar shall transmit the copy of the request and copy of the
appointment to the arbitrator, who shall, as soon as conveniently may be,
appoint a day and hour for proceeding with the arbitration, in accordance with
regulation 15.

SEAMEN'S COMPENSATION REGULATIONS - REG 34
Procedure before arbitrator

34. On the day for proceeding with an arbitration being fixed, the Registrar shall proceed according to regulation 16, and thenceforward the arbitration shall proceed in the same manner as an arbitration before a Judge, and these Regulations shall apply and the officers of the Court shall act accordingly, with the substitution of the arbitrator for a Judge:

Provided that -
(a) In any case coming within the provisions of paragraph 20 (5) (a) or sub-paragraph 20 (5) (b) (i), or in any other case in which, after an arbitrator has been appointed, but before the day fixed for proceeding with the arbitration, the parties agree upon an award, a Judge may, on application made to him in or out of Court on behalf of or with the consent of all parties, settle the matter himself; and thereupon the functions of the arbitrator as to the matter shall cease, and the Registrar shall forthwith inform him that the matter has been settled; and
(b) Any application for the enforcement of or for staging proceedings on an award, which would in the case of an award made by the Judge be required to be made to the Judge shall, in the case of an award made by an arbitrator, be in like manner made to the Judge.

SEAMEN'S COMPENSATION REGULATIONS - REG 35
Submission of question of law by committee or arbitrator to Judge

35. (1) Where a committee or an arbitrator (whether agreed on by the parties or appointed by a County Court) submits any question of law for the decision of a County Court under paragraph (3) of Schedule 2 to the Act, the submission shall be in the form of a special case.

(2) The case shall be intituled in the matter of the Act and of the arbitration, and shall be divided into paragraphs numbered consecutively, and shall state concisely such facts and documents as are necessary to enable the Court to decide the questions of law raised thereby. Upon the hearing of the case the Court and the parties shall be at liberty to refer to the whole contents of the documents, and the Court shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the hearing of an arbitration.

(3) The case shall be signed by the chairman and the secretary of the committee or by the arbitrator, and sent to the Registrar, and the Court shall, as soon as conveniently may be, appoint a day and hour for hearing the case, and instruct the Registrar to give notice forthwith to the parties.

(4) The day shall be so fixed as to allow notice to be given 10 days at least before the day fixed for the hearing, unless the Court shall, with the consent of all parties, fix an earlier day.

(5) The Registrar shall, on the application and at the cost of any party, furnish him with a copy of the case.

(6) On the hearing of the case the Court may, after deciding the question submitted, remit the case with a memorandum of its decision to the committee or arbitrator, for them or him to proceed thereon in accordance with the decision; or if the decision of the Court on the question submitted disposes of the whole matter, the Court may make an award in the arbitration in accordance with the decision.

(7) The Court may remit the case to the committee or arbitrator for restatement or further statement.

(8) The Court shall have the same power over the costs of a special case as a Judge has over the costs of an arbitration, or may direct that the costs shall be dealt with as costs attending the arbitration; and the provisions of the Act and these Regulations as to costs shall apply accordingly.

SEAMEN'S COMPENSATION REGULATIONS - REG 36
Appeal to High Court or Supreme Court from decision of County Court

36. (1) An appeal under paragraph (3) of Schedule 2 to the Act may be instituted by notice of appeal in accordance with this regulation.

(2) The party appealing shall, within 21 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.

SEAMEN'S COMPENSATION REGULATIONS - REG 37
Application of Rules of High Court or Supreme Court

37. 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 Schedule 2 to the Act, as far as such Rules are applicable.

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 4 
 Division 4 - General Provisions as to Arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 38
Appearance of parties

38. (1) A party to any arbitration may appear -
(a) in person;
(b) by solicitor;
(c) by counsel;
or, by leave of the Judge or arbitrator, a party may appear -
(d) by a member of his family;
(e) by a person in the permanent and exclusive employment of the party;
(f) in the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment of the company or corporation;
(g) by any officer or member of any society or other body of persons of which the party is a member or with which he is connected, or, where death results from the injury, by any officer or member of any society or other body of persons of which the deceased seaman was a member or with which he was connected; or
(h) under special circumstances, by any other person.
(2) No person other than a solicitor who appears or acts on behalf of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses, and (in the case of a seaman or a member of his family) allowance for time (if any) as is allowed by the Judge or arbitrator:
Provided that nothing in these Regulations shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his employment of counsel to appear or act as aforesaid.
(3) The prescribed authority may appear and be heard in any arbitration by solicitor, counsel, or any other person.

SEAMEN'S COMPENSATION REGULATIONS - REG 38A
Evidence by affidavit

38A. (1) Where an application for arbitration is made under these Regulations and any claimant for compensation or other person who is competent and qualified to give evidence relating to the claim resides in some other part of His Majesty's dominions than that in which the Court hearing the application has jurisdiction, or is a member of the Defence Force serving outside Australia, or is, owing to illness or other sufficient cause, unable to attend the Court, evidence may, by leave of the Court, be given by affidavit made by the claimant or other person in the part of His Majesty's dominions in which the claimant or person resides or, in the case of any such member of the Defence Force, in the place in which he is serving, and the evidence so given shall be admissible in the hearing before that Court, subject to such exceptions as the Court determines.

(2) Subject to sub-regulation (3), an affidavit made under sub-regulation (1) shall be sworn before a Notary Public or Commissioner of the Supreme Court of the State in which the application is made, and no proof shall be required of the signature and seal of the Notary or of the signature of the Commissioner.

(3) An affidavit made under sub-regulation (1) by a member of the Defence Force serving outside Australia may be sworn before an officer of the Defence Force holding a rank not below that of Lieutenant-Commander, Major or Squadron-Leader, or equivalent rank, who shall subscribe his signature and rank in testimony of the affidavit having been sworn before him, and no proof shall be required of the signature or rank of any such officer or of the place where any such affidavit was sworn.

SEAMEN'S COMPENSATION REGULATIONS - REG 39
Note to be taken of questions of law raised, &c., and copy furnished

39. At the hearing of any arbitration the Judge shall make a note of any question of law raised, and of the facts in evidence in relation thereto and of his decision thereon and of his decision in the arbitration, and he shall, at the expense of any party to such arbitration, furnish a copy of the note so taken or allow a copy of the same to be taken by or on behalf of such party, and shall sign such a copy, whether a notice of motion by way of appeal has been served or not.

SEAMEN'S COMPENSATION REGULATIONS - REG 40
Claims for compensation

40. (1) In the case of the death of a seaman the claim for compensation shall state the date on which news of the death was received by the claimant.

(2) The claim for compensation on behalf of the dependants of a seaman lost with his ship shall state the date on which the ship was lost or is deemed to have been lost.

SEAMEN'S COMPENSATION REGULATIONS - REG 41
Description of owners or charterers in documents and proceedings

41. In any document, notice, or proceeding it shall be sufficient to describe the owners or the charterers of the ship as "the owners (or 'charterers') of the ship, ," and the provisions of the County Court Rules for the time being of the place where the proceedings have been commenced as to the disclosure of the names of partners shall with the necessary modifications apply to the disclosure of the names of the owners or charterers.

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 5 
 Division 5 - Detention of Ships

SEAMEN'S COMPENSATION REGULATIONS - REG 42
Detention of ships

42. (1) An application for an order for the detention of a ship under section 13 of the Act shall be made in accordance with this regulation.
(2) The application may (subject to the provisions of sub-regulation (9)) be made ex parte either in or out of Court, according to Form 19 in the Schedule, and shall be supported by affidavit or other evidence showing, to the satisfaction of the Judge, the grounds on which the application is made.
(3) The Judge may, before granting the application, require the applicant to give or procure an undertaking, to the satisfaction of the Judge, to abide by any order as to damages and costs which may be thereafter made, in case any person affected by the order for detention shall sustain any damages by reason of the order which the applicant ought to pay.
(4) An order for detention shall specify the amount for which security shall be given, and may be in accordance with Form 21 in the Schedule, and shall be issued in triplicate; one copy shall be delivered to the applicant, and the other 2 copies to the officer named by the Judge; and one of the last-mentioned copies shall be delivered by the officer to the person who is at the time of the execution of the order apparently in charge of the ship, or, if there is no person apparently in charge, shall be affixed on the main mast or on the single mast of the ship; and the other copy shall be retained by the officer.
(5) The Judge may at any time on good cause shown rescind any order for detention made by him.
(6) The provisions of any Act regulating the procedure of, and the rules of, the Court in which the proceedings have been commenced as to security shall, with the necessary modifications, apply to the giving of security under this regulation; and the approval by the Judge of any security shall be signified in writing signed by him.
(7) Where security is given by bond, the bond may be in accordance with Form 22 in the Schedule.
(8) If the Judge rescinds any order for detention, or is satisfied that satisfaction has been made, or when security has been given and approved, or in any other case if the applicant so requires, the Judge shall deliver, to the party applying for the same, an order according to Form 23 in the Schedule, directed to the officer named in the order for detention, authorizing and directing him, upon payment of all costs, charges, and expenses attending the custody of the ship, to release it forthwith.
(9) Notwithstanding anything contained in this regulation, a person intending to apply for an order for detention shall, if the name and address of an agent in the Commonwealth for the owners of the ship, or of a solicitor in the Commonwealth authorized to act for the owners, agent, master, or consignee of the ship, are known to him, give to the agent or solicitor such notice of the time and place at which the application for the order of detention is intended to be made as may be practicable in the circumstances of the case.
(10) If a solicitor in the Commonwealth represents that he is authorized to act for the owners, agent, master, or consignee of the ship, and signs an undertaking in accordance with Form 24 in the Schedule, to put in or give security for an amount agreed on between the parties or fixed by the Judge, then, on the undertaking being filed in Court -
(a) the Judge may in his discretion refuse to make an order for detention; or
(b) if an order for detention has been made, but not executed, the Judge may rescind it; or
(c) if an order for detention has been made and executed, the Judge may deliver to the party applying for the same an order of release in accordance with sub-regulation (8).
(11) An undertaking given in accordance with sub-regulation (10) shall be filed in the Court in which the application for an order of detention is made or is intended to be made.
(12) A solicitor who fails to put in or give security in pursuance of his undertaking shall be liable to attachment.
(13) Where proceedings by way of arbitration for the recovery of compensation are taken against the persons giving security, the request for arbitration and particulars shall state concisely the circumstances under which the persons giving security are made respondents.
(14) Where proceedings are commenced in any Court in the Commonwealth other than that in which the order for detention was made or applied for, the Registrar of the Court in which the order was made or applied for shall, on request, transmit to the Registrar of the Court in which the proceedings are commenced all original documents filed in the matter, and a certified copy of all records made with reference to the matter, and any bond by way of security given in the matter, and shall transfer to the last-mentioned Court any money paid into Court by way of security in the matter; and the provisions of the Rules of Court as to the costs of copies and the costs of transmission shall apply to any transmission under this regulation.
(15) The costs incurred by any part in relation to an application for an order of detention and any proceedings consequent thereon may in any subsequent proceedings by way of arbitration be allowed as costs of the arbitration.
(16) For the purposes of this regulation "Judge" means a Justice of the High Court or a Judge of the Supreme Court of a State.

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 6 
 Division 6 - Appointment of New Arbitrator

SEAMEN'S COMPENSATION REGULATIONS - REG 43
Appointment of arbitrator by Judge in place of arbitrator agreed on by
the parties under Schedule 2, paragraph (7)

43. (1) In case of the death or refusal or inability to act of an arbitrator agreed on by the parties, any party to the arbitration who desires to make an application to the Judge to appoint a new arbitrator shall apply in writing to the Registrar to fix a time and place for the hearing of the application.
(2) The Registrar shall send the notice of the application to a Judge, who shall, as soon as conveniently may be, fix a time and place for the hearing of the application:
Provided that the time shall not, except by consent, be less than 7 days from the date of the application to the Registrar.
(3) On the time and place for the hearing of the application being fixed, the Registrar shall issue to the applicant a summons under the seal of the Court in accordance with Form 26 in the Schedule, address to the other party to the arbitration, and requiring him to attend on the hearing of the application.
(4) The summons shall be served by the applicant on the other party in accordance with regulation 17 not less than 4 clear days before the day fixed for the hearing, unless the other party agrees to accept shorter service.
(5) On the day fixed for the hearing the Judge shall dispose of the application on hearing the parties, or on hearing the applicant and on proof of service of the summons on the other party, if that party does not appear.
(6) Before appointing any person to act as arbitrator, the Judge shall ascertain whether the person is willing to serve if appointed.
(7) The appointment may be made by endorsement on the summons, or by a separate order.
(8) The costs of the application shall be in the discretion of the Judge, who may order the same to be paid by one party to the other, or to be dealt with as costs attending the arbitration.
(9) The costs, if allowed, shall be taxed at such scale as the Judge directs.

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 7 
 Division 7 - Registration, Reference, and Removal of Memoranda and 
 Agreements

SEAMEN'S COMPENSATION REGULATIONS - REG 44
Memorandum to be sent to prescribed authority

44. (1) Where the amount of compensation under the Act has been ascertained or any weekly payment varied or any other matter decided under the Act either by a committee or by an arbitrator or by agreement, the memorandum, which is by paragraph (8) of Schedule 2 to the Act required to be sent to the prescribed authority, shall be in accordance with such portion of Form 27 in the Schedule as is applicable to the circumstances of the case, and shall be left at the office of the prescribed authority or sent by post by registered letter addressed to the prescribed authority at his office as soon as may be after the matter has been decided.
(2) Where the matter is decided after a medical referee has been appointed to report on any matter under paragraph (12) of Schedule 2 to the Act, a copy of the report of the referee shall be annexed to the memorandum and recorded therewith; and if the referee attended any proceeding in the arbitration, it shall be so stated in the memorandum.
(3) In case of an agreement as to any matter referred to in subregulation 52(1) a separate statement in accordance with such portion, A or B, of Form 28 in the Schedule as is applicable to the circumstances of the case shall be left or sent with the memorandum of the agreement.
(4) In the case of an agreement between an employer and a seaman, the employer shall, within 30 days after the date of the agreement, cause the memorandum of the agreement to be left with or sent to the prescribed authority. Penalty: $10.
(5) Nothing in this regulation shall prevent any party interested from forwarding a memorandum of an agreement to the prescribed authority.

SEAMEN'S COMPENSATION REGULATIONS - REG 45
Authentication of memorandum of agreement

45.(1) If the matter is decided by a committee or an arbitrator, the memorandum shall be authenticated by the signatures of the chairman and secretary of the committee, or by the signature of the arbitrator; and it shall be the duty of the committee or arbitrator, as soon as may be after the decision, to draw up the memorandum and to sign the same and to leave or send the same as aforesaid or to deliver the same to some party interested to be by him so left or sent.

(2) If the matter is decided by agreement, the memorandum shall be authenticated by the signatures or signature of the parties to the agreement, or one of them, or in the case of employers, by the signature of some official or other person in their employ duly authorized to sign on their behalf, or in the case of persons under disability by the signature of their next friend on their behalf.

(3) There shall be left or sent with the memorandum a copy thereof for every party interested, other than the party (if any) by whom the memorandum is left or sent.

(4) Where the matter is decided by agreement, the prescribed authority may, if the original agreement is in writing, and is not left or sent to be recorded, require such original agreement to be produced; but he shall not be entitled to retain the same where a memorandum thereof is left or sent to be recorded.

(5) An agreement or memorandum of an agreement may be left with or sent to the prescribed authority by insurers on behalf of the parties interested.

(6) An agreement made by or on behalf of any person under any legal disability shall be conditional only unless and until a memorandum thereof has been recorded in accordance with the Act and these Regulations.

SEAMEN'S COMPENSATION REGULATIONS - REG 46
Notice to parties interested of memorandum having been received

46. On receipt of the memorandum the prescribed authority shall send one of the copies thereof to every party interested, with a notice, in accordance with Form 29 in the Schedule, requesting the party to inform him within 7 days from the date of the notice whether the memorandum is genuine, or whether he disputes it, and if so in what particulars, or objects to its being recorded, and if so, on what grounds.

SEAMEN'S COMPENSATION REGULATIONS - REG 47
Recording of memorandum if not disputed

47. If all the parties interested admit the genuineness of the memorandum, or do not within such period of 7 days dispute it or object to its being recorded, the prescribed authority shall subject to proviso (d) to paragraph (8) of Schedule 2 to the Act, and to regulation 52, record it without further proof.

SEAMEN'S COMPENSATION REGULATIONS - REG 48
Where memorandum disputed or employer objects to its being recorded

48. If any party interested disputes the genuineness of the memorandum, or if, where a seaman seeks to record a memorandum of agreement between his employer and himself, the employer alleges that the seaman has in fact returned to work and is earning the same wages as he did before the accident, and objects to the recording of the memorandum, the party or employer shall within 7 days from the date of the notice mentioned in regulation 46 file with the prescribed authority a notice, according to Form 30 in the Schedule, that he disputes the genuineness of the memorandum or that he objects to its being recorded, and shall with such notice file a copy thereof for each of the other parties interested.



request that the amount of weekly payments due to me in the above-mentioned

matter may be transmitted to me at

                       (give full address)

                        state how transmission to be made. as

 by Post Office Order payable at

                       (name of Post Office)

 or by bankers' draft on the

                       (name and address of Bank)

                                         I am, Sir,

                                         Your obedient Servant,

                                                                    A.B.

          (To be signed by the Seaman in his own handwriting.)

 To the Regional Controller at

          (add address of Regional Controller's office.)

                                FORM 53               Regulation 62(15)

      Notice by the prescribed authority to Employer of Receipt of

                          Medical Certificate and

                          Declaration of Identity

                    (Heading as in Award or Memorandum.)

 TAKE NOTICE, that I have received proof of identity and of continuance of

incapacity in the above-mentioned matter.

  And I have to request you to transmit the sum of being the amount of the

weekly payments payable to A.B. under the above-mentioned award (or
memorandum)

from (the date to which they were last paid             )to (13 weeks from
that

date) to me, to be by me remitted to the said A.B.

    Dated this                 day of

                                       Regional Controller for the State

                                            of

 To (name and address of employer.)

                                  FORM 54                  Regulation 67

                        Execution on Award or Memorandum

       In the County Court at

                        (Heading as in Award or Memorandum.)

 WHEREAS on the          day of          an award was made in the

above-mentioned matter by the Judge (or by Mr.            an arbitrator

appointed by the Judge) whereby it was ordered (state operative parts of

award)-

    (Or, Whereas on the          day of        a memorandum was recorded with

the Regional Controller for the State of            of an agreement (or a

decision, or an award) come to (or given or made) in the above-mentione d

matter, whereby it was agreed (or ordered) (state operative parts of

agreement, decision, or award)-

    And whereas default has been made in payment of the sum of    payable by

the said        to the prescribed authority                 (or to the said

A.B.  according to the said award (or memorandum);

    These are therefore to require and order you forthwith to make and levy
by

distress and sale of the goods and chattels of        (name the party against

who se goods execution is issued)         wheresoever they may be found
within

the district of this Court (except the wearing apparel and bedding of him or

his family, and the tools and implements of his trade, if any, to the value

of $20), the sum stated at the foot of this warrant, being the amount due

under the said award (or memorandum), together with the costs of this

execution; and also to seize and take any money or bank notes and any
cheques,

bills of exchange, promissory notes, bonds, specialties, or securities for

money of the said          which may there be found, or such part or so much

thereof as may be sufficient to satisfy this execution, and the costs of

making and executing the same, and to pay what you shall have so levied to
the

Registrar of this Court, and to make return of what you have done under this

warrant immediately upon the execution thereof.

    Given under the seal of the court this        day of            19

                       By the court,

                                                               Registrar.

    To the Bailiff of the said court,

                                                            $ c

       Amount in payment whereof default has been made . .-------

         Fee for issuing this warrant. . . . . . . . . . .-------

 Total amount to be levied (with fees for execution of warrant,

              as indorsed hereon). . . . . . . . . . . . .-------

                        (See Back.)

            (Back to be indorsed in form adopted in County Court writs.)

                             FORM 55                   Regulation 68 (3)

                        Judgment Summons

          In the County Court at

                  (Heading as in Award or Memorandum.)

 WHEREAS on the        day of           an award was made in the

 above-mentioned matter by the Judge (or by Mr.      an arbitrator apppointed
by the Judge) whereby it was ordered (state operative parts of award):

   (or Whereas on the       day of       a memorandum was recorded with the

Regional Controller for the State of        of an agreement (or a decision or

an award) come to (or given or made) in the above-mentioned matter whereby it

was agreed (or ordered) (state operative parts of agreement, decision, or

award):

   And whereas default has been made in payment of the sum of

payable by you the above-named       to the prescribed authority (or

to the said A.B.) according to the said award (or memorandum);

   These are therefore to require you to appear personally before the said

court on the         day of        19   at          o'clock in the
noon

to be examined by the said court touching your estates and effects, and as to

your property and means you have of paying the said sum together with
interest

thereon, and (if there have been fruitless executions) the costs of previous

executions against you, and as to the disposal you have made of your property

and the mode in which you incurred the liability; and if you disobey this

summons you will be committed to prison.

   Given under by hand and the seal of the said court this         day of

 19

                                             Registrar of the said court.

                                 FORM 56                    Regulation 91

 Notice by Medical Referee to Employer or Solicitor signing the

      Application on Employer's behalf Schedule 1, par. (13)

                      Seamen's Compensation Act 1911

 To

 I hereby give you notice that in accordance with the Reference made to me by

the Regional Controller for the State of                   under Schedule 1,

paragraph (13), of the above-named Act, in the case of (name and address of

seaman) I propose to examine the said            at

                on the          day of          at o'clock.

 Any statements made or submitted by you (or if notice is addressed to the

solicitor, by the employer), will be considered.  Dated this

    day of

                                (Signed)

                                                        Medical Referee.

                             FORM 57                        Regulation 91

    Notice by Medical Referee to Seaman or Solicitor signing the

       Application on Seaman's behalf Schedule 1, par. (13)

                     Seamen's Compensation Act 1911

 To

    I hereby give you notice that in accordance with the reference made to me

in your case (or, if notice is addressed to the solicitor), in the case of

(name and address of seaman) by the Regional Controller for the State of

under Schedule 1, paragraph (13), of the above-named Act, I propose to
examine

you (or the said       ) at on the          day of         at        o'clock.

    And you are required to submit yourself (or the said               is

required to submit himself) for examination accordingly.

    Any statements made or submitted by you (or, if notice is addressed to
the

    solicitor, by the seaman) will be considered.

   Dated this                   day of

                          (Signed)

                                                        Medical Referee.

                            FORM 58                         Regulation 93

 Certificate of Medical Referee as to Condition of Seaman and fitness for

      employment, or as to whether or to what extent Incapacity of Seaman

      is due to the Accident.' Schedule 1, paras. (13) and (15)

                     Seamen's Compensation Act 1911

    In accordance with the Reference made to me by the Collector of Customs

for the State of            upon the application of       (names and
addresses

of parties) I have on the        day of         examined the said

(name of seaman) and I hereby certify as follows:

   1. The said               is*

 and his condition is such that he is+

   2. The incapacity of the said is++

 NOTE-Either paragraph 1 or paragraph 2 to be filled up, or both to be filled

up, according to the terms of the Reference.  Dated this                  day

    of

                          (Signed)

                                                         Medical Referee.

 * Describe state of health.

 + State whether seaman is fit for his ordinary or other work, specifying

 where necessary the kind of work or whether he is unfit for work of any
kind.

 ++ State whether or to what extent the incapacity it due to the accident.

                            FORM 59                        Regulation 96

      Notice by Medical Referee to Seaman. Schedule 1. par. (19)

                  Seamen's Compensation Act 1911

 To

    I hereby give you notice that in accordance with the Reference made to me

in your case by the Regional Controller at            under Schedule 1,

paragraph (19), of the above-named Act, I propose to examine you at     on
the

day of            at             o'clock and you are required to submit

yourself for examination accordingly.

    Dated this                 day of

                                         (Signed)

                                                        Medical Referee.

                               FORM 60                     Regulation 98

          Certificate of Medical Referee. Schedule 1, par. (19)

                        Seamen's Compensation Act 1911

        In accordance with the Reference made to me by the Regional
Controller

at           under Schedule 1, paragraph (19, of the above-named Act, I have

on the day of examined          of         (name and address of seaman) and I

hereby certify that his incapacity is (or is not) likely to be of a permanent

nature.

    Dated this                 day of

                                         (Signed)

                                                         Medical Referee.

                                FORM 61                Regulation 103 (2)

      Reference to a Medical Referee under Schedule 2, para. (12)

        In the matter of the Seamen's Compensation Act 1911

        In the matter of an arbitration between-

 A.B.

    of (address)

      (description)

                                                              Applicant,

            and

 The owners (or charterers) of the ship"         "

                                                             Respondents.

    We,               a committee, representative of the owners (or
charterers)

of the ship"       " and their seamen, and empowered to arbitrate in the

matter arising under the Seamen's Compensation Act 1911 between them:

    (or I,             an arbitrator agreed upon by the above-named parties
to

arbitrate in the matter arising between them under the Seamen's Compensation

Act 1911):

    (or I,             a Judge of a County Court):

    (or I,             arbitrator appointed by a Judge of a County Court),

having heard the evidence tendered by both parties, hereby certify that in
our

or my opinion the medical evidence given before us (or me) is conflicting (or

insufficient) on a matter which seems to us (or me) to be material to a

question arising in the above-mentioned arbitration, and that it is desirable

to obtain a report from a medical referee on such matter, as follows:

    (a) On the                day of     personal injury was (or is alleged
to

have been) caused to            of            by accident arising out of or
in

the course of his employment, under the following circumstances:

        (Here state the facts of the accident as ascertained from the
evidence.) (b) The matter on which we are (or I am) satisfied that it is
desirable to

obtain a report is: (Here state the matter on which report is

desired.)

   (c) The matter seems to be material to the following question arising in

the arbitration, viz.-

                    (Here state the question to which the matter is
material.)

    We (or I) therefore appoint               one of the medical referees

appointed for the purposes of the Seamen's Compensation Act 1911 to

examine the said on the matter specified above, and to report to us

(or me).

    A statement of the medical evidence given before us (or me) is appended.

    We are (or I am) satisfied that the said       who is now at       is in
a

fit condition to travel for the purpose of being examined, and he has been

directed to attend on the referee for examination at such time and place as

shall be fixed by the referee (or does not appear to be in a fit condition to

travel for the purpose of being examined).

   The referee is requested to forward his report to the Registrar of the

County Court of                  on or before the            day

   Dated this                 day of

                                (Signed)

                                                    Judge or Arbitrator.

                                  (Or

                                              On behalf of the Committee,

                                                              Chairman of

                                                 Secretary   Committee.)

 Signature of Registrar

 and Seal of Court.

    A previous Reference was made to a medical referee in this case on the

day of         and a copy of the report then given is attached.

                            FORM 62                    Regulation 104 (1)

     Order on Injured Seaman to submit himself for examination by Medical

                            Referee

                    (Title as in Reference.)

 To A.B.

 of (address)

    (description)

 TAKE NOTICE-

 That the Committee (or arbitrator, or Judge) have (or has) appointed one of

the medical referees under the Seamen's Compensation Act 1911 to examine you

for the purposes of the above-mentioned arbitration, and to report to them

(or him).

   You are hereby required to submit yourself for examination by such referee

   (and to attend) for that purpose at such time and place as may be fixed by

   him.  Dated this                    day of

            (To be signed in the same manner as Reference.)

                             FORM 63                      Regulation 109

   Notice by Medical Referee to injured Seaman.' Schedule 2, par. (12)

                   Seamen's Compensation Act 1911

 To A.B.

    of (address)

      (description)

    I hereby give you notice that I have been appointed to examine and report

on your case under paragraph 12 of Schedule 2 of the Seamen's Compensation
Act

1911, and that I propose to make such examination

 at             on the         day of                    at

 o'clock.

                                         (Signed)

                                                        Medical Referee.

                              FORM 64                   Regulation 112

    Medical Referee.s Statement of Fees in respect of References under

                       Schedule 1, paragraph (13)

     Medical Referee's Statement of Fees in respect of References under

                    Schedule 1, paragraph (13)

 ------------------------------------------------------------------------

                 !  Number of Matter

 ----------------!-------------------------------------------------------

                 !  Names of Parties

 ----------------!-------------------------------------------------------

                 !  Date on which Reference received

 ----------------!-------------------------------------------------------

                 !  From whom received

 ----------------!-------------------------------------------------------

                 !  Date of Examination

 ----------------!-------------------------------------------------------

                 !  Place of Examination

 ----------------!-------------------------------------------------------

                 !  Date on which Certificate or report sent

 ----------------!-------------------------------------------------------

                 !  Tenor of Certificate

 ----------------!-------------------------------------------------------

      Amount of Fees under each of the Headings in Regulation 95

 ------------------------------------------------------------------------

 First         ! Subsequent   ! Further    ! Travelling      !

 Reference;    ! Reference;   ! Statement  ! more than       !

 Examination   ! Examination  !            ! 3 kilometres    !

 and           ! and          !            ! from residence  !

 Certificate   ! Certificate  !            ! (or centre)     ! Expert

 or report     ! or report    !            ! to examine      ! Assistance

               !              !            ! Seamen.         !

               !              !            ! (See Certificate!

               !              !            ! of Distance and !

               !              !            ! Scale of Fees   !

               !              !            ! on Back)        !

 --------------!--------------!------------!-----------------!-----------

  $    c       !  $       c   ! $      c   ! $          c    !  $     c

               !              !            !                 !

               !              !            !                 !

 ------------------------------------------------------------------------

 Totals . . . . . . . .

 ------------------------------------------------------------------------

                                Total

   I hereby certify that I examined the seaman           on              at

which is distant            kilometres from my residence (or prescribed
centre)

                                         (Signed)

 Endorsement to be made on back of Statement

                                FORM 65                    Regulation 112

        Medical Referee's Statement of Fees in respect of References

                    under Schedule 1, paragraph (19)

 ------------------------------------------------------------------------

 Number   ! Name    ! Date on    ! From     ! Date of     ! Date on

   of     !  of     !   which    ! Whom     ! Examination ! which

 Matter   ! Seamen  ! Reference  ! Received !             ! Certificate

          !         ! Received   !          !             ! sent to

          !         !            !          !             ! Registrar

 ------------------------------------------------------------------------

 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

 ------------------------------------------------------------------------

 Whether     ! fees (    per    ! Expert     !

 Incapacity  ! case to include  ! Assistance !

 Certified   ! all Duties)      !            !

 to be       !                  !            !

 Permanent   !                  !            !

 or not      !                  !            !

 ------------!------------------!------------!

             ! $       c        !  $     c

 ---------------------------------------------

 Total . . . . . . . . . . . . . . . . . . . .

                                        (Signed)

                            FORM 66                       Regulation 112

    Medical Referee's Statement of Fees in respect of References under

                      Schedule 2, paragraph (12)

 ------------------------------------------------------------------------

 Number ! Name     ! Date on    ! Registrar  ! Date and     ! Date on

        ! of       ! which      ! from       ! Place of     ! which

        ! Parties  ! Reference  ! Whom       ! Examination  ! Report



        !          ! Received   ! Received   !              ! Sent

 ------------------------------------------------------------------------

                   Amount of Fees under-

         -------------------------------------------

 First      ! Subsequent ! Further   ! Travelling  ! Expert

 Reference  ! Reference  ! Statement ! Expenses    ! Assistance

            !            !           !             !

            !            !           !             !

 ------------------------------------------------------------------------

                           FORM 67                         Regulation 112

     Record of References, &c., to be kept by the Registrar and the

                      Prescribed Authority

    State of

                                    For quarter ended

 ------------------------------------------------------------------------

 Number of  ! Names of ! Date on     ! Provision in       ! Whether

 Reference  ! Parties  ! which       ! the Act under      ! Seaman

            !          ! Reference   ! which Reference    ! directed to

            !          ! forwarded   ! is made, and if    ! attend a

            !          ! to medical  ! under Schedule 2,  ! Referee

            !          ! Referee     ! par. 12, by Whom   ! or not

            !          !             ! Made*              !

 ------------------------------------------------------------------------

  Medical    ! Date and

  Referee    ! Number of

  Appointed  ! Reference

             ! Previous

             ! in same case

             ! (if any)

 ----------------------------

 * Here say whether committee, agreed arbitrator, County Court Judge, or

 appointed arbitrator

                           FORM 68                         Regulation 113

                NOTIFICATlON OF LEFT-HANDEDNESS

    I,           being about to engage as a               on the ship hereby

notify the Prescribed Authority that I habitually use my left hand and arm to

perform work usually performed by a seaman with his right hand and arm.

    Date    /    /19

                              (Signature)

Seamen's Compensation Regulations (Cth)

SEAMEN'S COMPENSATION REGULATIONS - In force under the Seamen's Compensation Act 1911 - Reprinted as at 31 January 1988 (HISTREG CHAP 11 #DATE 31:01:1988)

SEAMEN'S COMPENSATION REGULATIONS - TABLE OF PROVISIONS

TABLE

SEAMEN'S COMPENSATION REGULATIONS - PART I PART I - PRELIMINARY

SEAMEN'S COMPENSATION REGULATIONS - REG 1 Citation

SEAMEN'S COMPENSATION REGULATIONS - REG 3 Interpretation

SEAMEN'S COMPENSATION REGULATIONS - PART II PART II - APPLICATION FOR AND PROCEDURE ON ARBITRATION

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 1 Division 1 - Applications for Arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 4 Parties to arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 5 Joinder of several applicants

SEAMEN'S COMPENSATION REGULATIONS - REG 6 Applications by dependants for settlement of compensation

SEAMEN'S COMPENSATION REGULATIONS - REG 7 Application by dependants where amount of compensation agreed upon or ascertained

SEAMEN'S COMPENSATION REGULATIONS - REG 7A Application by prescribed authority for arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 8 Parties to arbitration as to sum payable for medical attendance and burial

SEAMEN'S COMPENSATION REGULATIONS - REG 9 Rules of Court to apply to arbitration proceedings

SEAMEN'S COMPENSATION REGULATIONS - REG 10 Requests for arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 11 Forms of request and particulars

SEAMEN'S COMPENSATION REGULATIONS - REG 12 Application by employer

SEAMEN'S COMPENSATION REGULATIONS - REG 13 Copies for Judge or magistrate and for respondents

SEAMEN'S COMPENSATION REGULATIONS - REG 14 Where applicant illiterate

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 2 Division 2 - Proceedings in Arbitration before Judge

SEAMEN'S COMPENSATION REGULATIONS - REG 15 Fixing day and place for arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 16 Notice to parties

SEAMEN'S COMPENSATION REGULATIONS - REG 17 Service on respondents

SEAMEN'S COMPENSATION REGULATIONS - REG 18 Stay of proceedings

SEAMEN'S COMPENSATION REGULATIONS - REG 19 Answer by respondent

SEAMEN'S COMPENSATION REGULATIONS - REG 20 Submission to award or payment into court by respondent

SEAMEN'S COMPENSATION REGULATIONS - REG 21 Notice of claim to indemnity under section 7

SEAMEN'S COMPENSATION REGULATIONS - REG 22 Appearance by third party

SEAMEN'S COMPENSATION REGULATIONS - REG 23 Proceedings in default of appearance by third party

SEAMEN'S COMPENSATION REGULATIONS - REG 24 Application for direction may be given

SEAMEN'S COMPENSATION REGULATIONS - REG 25 Costs

SEAMEN'S COMPENSATION REGULATIONS - REG 26 Notice of claim to indemnity under section 10 or otherwise than under section 7

SEAMEN'S COMPENSATION REGULATIONS - REG 27 Third party procedure where employer is applicant

SEAMEN'S COMPENSATION REGULATIONS - REG 28 Claim to indemnity as between respondents

SEAMEN'S COMPENSATION REGULATIONS - REG 29 Abridgment of time for service answer, &c.

SEAMEN'S COMPENSATION REGULATIONS - REG 30 Procedure on arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 31 Award

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 3 Division 3 - Proceedings before Arbitrator appointed by County Court

SEAMEN'S COMPENSATION REGULATIONS - REG 32 Appointment of arbitrator

SEAMEN'S COMPENSATION REGULATIONS - REG 33 Fixing day for arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 34 Procedure before arbitrator

SEAMEN'S COMPENSATION REGULATIONS - REG 35 Submission of question of law by committee or arbitrator to Judge

SEAMEN'S COMPENSATION REGULATIONS - REG 36 Appeal to High Court or Supreme Court from decision of County Court

SEAMEN'S COMPENSATION REGULATIONS - REG 37 Application of Rules of High Court or Supreme Court

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 4 Division 4 - General Provisions as to Arbitration

SEAMEN'S COMPENSATION REGULATIONS - REG 38 Appearance of parties

SEAMEN'S COMPENSATION REGULATIONS - REG 38A Evidence by affidavit

SEAMEN'S COMPENSATION REGULATIONS - REG 39 Note to be taken of questions of law raised, &c., and copy furnished

SEAMEN'S COMPENSATION REGULATIONS - REG 40 Claims for compensation

SEAMEN'S COMPENSATION REGULATIONS - REG 41 Description of owners or charterers in documents and proceedings

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 5 Division 5 - Detention of Ships

SEAMEN'S COMPENSATION REGULATIONS - REG 42 Detention of ships

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 6 Division 6 - Appointment of New Arbitrator

SEAMEN'S COMPENSATION REGULATIONS - REG 43 Appointment of arbitrator by Judge in place of arbitrator agreed on by the parties under Schedule 2, paragraph (7)

SEAMEN'S COMPENSATION REGULATIONS - DIVISION 7 Division 7 - Registration, Reference, and Removal of Memoranda and Agreements

SEAMEN'S COMPENSATION REGULATIONS - REG 44 Memorandum to be sent to prescribed authority

SEAMEN'S COMPENSATION REGULATIONS - REG 45 Authentication of memorandum of agreement

SEAMEN'S COMPENSATION REGULATIONS - REG 46 Notice to parties interested of memorandum having been received

SEAMEN'S COMPENSATION REGULATIONS - REG 47 Recording of memorandum if not disputed

SEAMEN'S COMPENSATION REGULATIONS - REG 48 Where memorandum disputed or employer objects to its being recorded