The Workmens Compensation Act 1911 (SA)

GEORGII V REGIS.

A.D. 1911.

No. 1053.

An Act to amend the Law with respect to Compensation to Workmen for Iniuries suffered in the course of their ~ r n ~ l o ~ m e n t.

[Assented to, December 14th~ 1911.1

E it Enacted by the Governor of the State of South Australia.

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as " The Workmen's Compensation Short title.

Act, 1911."

" Certifying medical practitioner " means a legally qualified L a Certifying medLsl	medical practitioner appointed under this Act as a certi- practitioner."
fying medical practitioner: Dependants "

2, This Act shall con-~e into operation on the first day of January, Commencement

one thousand nine hundred and twelve (which date is in this d c t imp.	het 8 sd. BII.,
referred to as the commencement of this Act), but, except so far as C. 58.
it relates to references to medical referees, and proceedings conse- quential thereon, shall not apply in any case where the accident happened before the commencemrnt of t.his Act.

3. " The Workmen's Compensation Act, 1900,'' and " The Repealof existing

Workmen's Compensation Amendment Act, 1904," are hereby A C ~ S.

repealed, but shall continue to applv to cases where the accident 739 1900.

happened before the comtnencement of this Act, except to the extent 867 of 1904

to which this Act applies to those cases as provided by section 2.

4. In this Act, unless inconsistent or repugnant to the context, Interpretation.

or some other meaning is clearly intended-	C. 58, S. 13.
Imp A C ~ 6 E ~ W. VII.,

2 2" GEORGII V, No. 1053.

The W o r h n ' s Compensation. Act.-l 9 l l.

' L Dependants." .

" I)ependantsW means such members of the workman's family as were wholly or in part dependent upon the earnings of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent; and where the workman, being the parent of an illegitimate child, in respect of which the workman has cont~ibuted maintenance in his lifetime or has signed any agreement for support, or in respect of which child any maintenance or pre-maternity order has been made against the workman, dies, leaving such child so dependent upon his earnings, or being an illegitimate child dies leaving

a mother so dependent upon his earnings, such illegitimate

child or mother respectively shall be deemed a dependant

of the workman:

Employer." " Employer " includes any body of persons, corporate or uuin- corporate, and the legal personal representative of a deceased employer, and, where the services of a workman are tempo- rarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer ot the workman whilst he is working for that other person, but shall be entitled to be indemnified by that other person to the extent of any compensation paid under this Act by the employer in respect of any injury received by such workman whilst he is working for that other person:

" Member	of	" Member of	a family " means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister:
family."

'I The	Minieter."	bLThe	Minister" mews the Minister of the Crown to whom
-

*. -. for the time being the administration of this Act is com-

-. _

mitted by the Governor:

Outworker " means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, orna- mented, finished, or repaired, or adapted for sale in his own home, or on other premises not under the control or management of the person who gave out the materials or articles:

" Ship." Ship " means any ship, vessel, boat, or other craft:

I bid.	a This Act " includes regulations made under this Act:
' I This Act."

This State."	This State " means the State or' South Australia:
Workman."	Workman " means a person working in connection with his

6 Edw. VII.,	employer's trade or business under a contract of service
c. 68, r. 13.	or apprenticeship, whether expressed or implied, oral or
in writing, a t manual work, but does not include-

(a) A person whose average weekly earnings exceed

Five Pounds; or

( b ) An out-worker; or (C) A

2' GEOKGII V, No. 1053. 3

The W o r h n ' s Cornpernation Act.--1911.

(c) A member of an employer's family (dwelling in his t

house); or	, +	-	t I
r
I

l

(d) A seaman where the injury occurs outside the terri- i ."*

torial jurisdiction of South Australia; or \* \. ., fa \ -

y'yF;rG -,;

( e ) A person employed in agricultural, horticultural, \ , L

viticultural, dairying, or pastoral pursuits, and	-=>--.
not at the time of the accident using steam, oil, water, gas, electricity, compressed air, or other like mechanical power; or

(f) Any clerk or domestic servant:

Any reference to a workman who has been injured shall, where ~ e f ~ -

the workman is dead, include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable:

The exercise and performance of the powers and duties of a Local and other ' Municipal Corporation or District Council or Tramways authorities.

Trust or other statutory body shall, for the purposes of this Act, be treated as the trade or bueiness of such Municipal Corporation or District Council or Tramways Trust or other statutory body.

5. (1) This Act does not apply to persons in the naval or Appliation to

military service of the Crown, but otherwise applies to workmen ~ ~ ~ ~ ~ p ~ ~ y ~ ~ ~ ~ ~ ~

employed by or under the Crown to whom this Act would apply if Ibid., S. 9.

the employer were a private person.

(2) All moneys payable under this Act by or on behalf of the ~ ~ n a for payment of

claim.

Crown shall be paid out of moneys to be provided by Parliament.

(3) The Minister may, notwithstanding anything in this Act, Minister map h r n e

fr&k schemes for Government departments with a view to their

being certified by the Public Actuary under section 8.

(4) In all claims against the Crown, whether arising out of Att

injuries to workmen employed by or under the Crown, or in respect of any other claim under this Act by any other person, proceedings may be taken and prosecuted under this Act by suit against the Attorney-General as representing the Crown in his representative capacity and without imposing-any personal liability upon the occupant of the office of Attorney-General.

6. (1) If in any employment personal injury by accident arising Lkbilitf of emplo~era

out of and in the course of the employment is caused to a workman, inju,,. to workhen for

his employer shall, subject as hereinafter mentioned, be liable to pay Ibid.,8.

compensation in accordance with the First Schedule:

(2) Provided that-

(a ) The employer shall not be liable under this Act in respect Minimum p ~ a of

of any injury which does not disable the workman for dieablement.

a period of a t least one week from earning full wages a t

the work at which he was employed: ( b ) When

2' GEORGII V, No. 1053.

The W o r h n ' s Compensation Act.-1 91 1.

Liability indupen-

dently of Act.

( b ) When the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, nothing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this Act or take proceedings inde- pendently of this Act; but the employer shall not be liable to pay compensation fbr injury to a workman by accident arising out of and in the course of the employ- ment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid:

lnjuries due to mis-

( c ) If the injury to a workman is consequent on or attributable

conduct of workman.	to the serious and wilful misconduct of that workman, no compensation in respect of that injnry shall be allowed:
Wbere claim exists

elsewhere as well ss (d) If a claim for compensation has already been made by the

in this State.	claimant in respect of the injury under any law of the
Cf. Comm. Seamen's	United Kingdom or of any other part of His Majesty's
Compensation Act,	dominions, compensation under this Act shall not be
1969, S. 5 (U).	allowed to the claimant, nor shall any person having such a claim under any such law claim under this Act unless he declares in writing that he has not claimed, and will not claim, compensation fbr the injury under any such law.
questions as to com-

Settlement O F	(3) If any question arises in any proceedings under this Act as to the liability to pay compensation under this Act (including any question as to whether the person injured is a workman to whom this Act applies), or as to the amount or duration of compensation under this Act, the question, if not settled by agreement, shall, subject to the provisions of the First Schedule, be settled by arbitration, in
pensation.
accordance with the Second Schedule.
for injury for which

Where action brought (4) If, within the time hereafter in this Act limited for taking

compensation is	proceedings, an action is brought to recover damages independently
parable under this
Act.	of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed; but the Court in which the action is tried shall, if the plaintiff so chooses, proceed to assess such compensation, but may deduct from such compensation all or part of the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act. I n any proceeding under this subsection, when the Court assesses the compensation it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act.

(5) Nothing

5

2' GEORGII V, No. 1053. --

The Workwn's Compensation Act.-1 91 1.

( 5 ) Nothing in this Act shall affect any proceeding for a fine or Pendtiesnot affected.

penalty under the enactments relating to mines, factories, or work-

shops, or the application of any such fine or penalty.

7. (1) Proceedings for the recovery under this Act of compensation Time for taking proceedings.

for any injury shall not be maintainable unless- Ibid., 0. 2.

( a ) Notice of the accident has been given as soon as practicable Sotice of accident.

after the happening thereof and before the workman has voluntarily left the employment in which he was injured; and

( B ) 'l'he claim for compensation with respect to such accident Timefor making

has been made within six months from the occurrence C'aim.

of the accident causing the injury, or, in case of death,

within six months from the time of death:

Provided always that-

( a ) The want of or any defect or inaccuracy in such notice shall Defect or inaccuracy	not be a bar to the maintenance of such proceedings if it in notice.
be adjudged in the proceedings for settling the claim that the employer is not, or would not, if a notice or an amended notice were then given and the hearing post- poned, be prejudiced in his defence by the want, defect, or inaccuracy, or that such want, defect, or inaccuracy was occasioned by mistake, absence from the State of South Australia, or other reasonable cause; and

( 6 ) The failure to make a claim within the period above specified claim not within	shall not be a bar to the maintenance of such proceedings preecribed time.
if it is found that the failure was occasioned by mistake, absence from the State of South Australia, or other reasonable cause.

(2) Notice in respect of an injury under this Act shall give the Contentsof claim.

language the cause of the injury and the date and place at which nam2 and address of the person injured, and shall state in ordinary the accident happened, and shall be served on the employer, or, if there is more than one employer, upon one of such employers.

(3) The notice may be served bv delivering the same at, or sending Bervice O F claim. l

it by post in a registered letter addressed to, the residence or place of

business of the person on whom it is to be served.

corporate, the notice may also be served by delivering the same at, or body of persons. (4) Where the employer is a body of persons, corporate or unin- Where employer is a

by sending it by post in a registered letter addressed to, the employer

at the ofiice, or, if there is more than one office, any one of the offices

of such body.

( 5 ) When the employer was the Crown notice shall be served on Where employer is

the Crown Solicitor, at Adelaide, or the manager of the work upon the cmwn.

which the workman was employed at the time of the accident.

i 8. (l) If

The Workmen's Compensation Act .--l 9 1 1.

Contracting out. 8. (1) If the Public Actuary, after taking steps to ascertain the

Tbid., a. 5. views of the employer and workmen, certifies-

Certificate by Public	( a ) That any scheme of	compensation, benefit, or insurance for
Actuary aa to echeme.

the workmen of an employer in any employment (whet her or not such scheme includes other employers and their workmen) provides scales of compensation not less favorable to the workmen and their dependants than the corresponding scales contained in this Act; and

( b ) That, where the scheme provides for contributions by the

workmen, the scheme confers benefits at least equivalent to those contributions, in addition to the benefits to which the workmen would have been entitled under this Act, and that a majority (to be ascertained by ballot) of the workmen to whom the scheme is applicable are in favor of such scheme,

Scheme may be	the employer may, whilst the certificate is in force, contract with any
substituted for Act.	workman employed by him that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall, with respect to such workman and his dependants, be liable only in accordance with the scheme; but, save as aforesaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement of this Act.
Period of certificate.	(2) The Public Actuary may give a certificate to expire at the end of a limited period of not more than five years, and may from time to time renew, with or without modifications, such certificate so as to expire at the end of the period for which it is renewed.
In what circumstances
acbeme may not be	(3) No scheme shall be so certified which contains an obligation upon theworkmen to join the scheme as a condition of their hiring, or which does not contain provisions enabling a workman to withdraw from the scheme.
certified.

Revocation of	(4) If	complaint is made to the Public Actuary by or on behalf of
certificate.

the workmen of any employer-

(a) That the benefits conferred by any scheme no longer con-

form to the conditions stated in subsection (1) of this

section, or

( b ) That the provisions of such scheme are being violated, or

(c) That the scheme is not being fairly administered, or

(d) That satisfactory reasons exist for revoking the certificate,

the Public Actuary shall examine into the complaint, and, if satisfied that good cause exists for such complaint, shall, unless the cause of coniplaint is removed, revoke the certificate.

Dietribution of ( 5 ) When a certificate is revoked or expires any moneys or has been made to discharge the liabilities already accrued, be distributed as may be arranged between the employer and workmen, or as may be determined by the Public Actuary in the event of a difference of

moneys, &C., on

termination of	securities held for the purpose of the scheme shall, after due provision
scheme.
opinion. (6) Whenever
2" GEORGII V, No. 1053.

The Workmen's Compensation Act.-1 9 1 1.

(6) Whenever a scheme has been certified as aforesaid i t shall be Inq"'" arcounts.

the duty of the employer to answer all such inquiries and to furnish all such accounts in regard to the scheme as may be made or required from time to time by the Public Actuary.

(7) The Public Actuary shall include in his annual report the par- Public Actuary'8 report.

ticulars of his proceedings under this Act.

(8) The Governor may make regulations for the purpose of Regulations.

carrying this section into effect.

9. (1) Where any person (in this section referred to as the prin- sub-contracting.

cipal), in the course of or for the purposes of his trade or business, rhid.,	4.
contracts with any other person (in this section referred to as the	of
contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation under this Act which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal, then, in the application of this Act, references to the principal shall be substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed:

Provided that, where the contract relates to threshing, ploughing, Exception in tarn of

or other agricultural work, or shearing or other pastoral work, and ;:zy:dz	the contractor provides and uses machinery driven by mechanical
power for the purpose of such work, he and he alone shall be liable under this Act to pay compensation to any workman employed by him on such work.

(2) Where the principal is liable to pay compensation under this Indemnity of

section he shall be entitled to be indemnified by any person who P	~	~	~	~	~	P	~	~	.
pendently of this section, and all questions as to the right to and	would have been liable to pay compensation to the workman inde-
amount of any such indemnity shall, in default of agreement, be settled by arbitration under this Act.

(3) Nothing in this section shall be construed as preventing a Saying of right to

workman from recovering compensation under this Act from the ~~~~~"	,
contractor instead of the principal..

occurred elsewhere than on, or in, or about premises on which the in certain cases. (4) This section shall not apply in any case where the accident Section not to apply

principal has undertaken to execute the work or which are otherwise

under his control or management.

10. (1) Where any employer has entered into a contract with any l'wviaion as to cases of insolvency of

insurers in respect of any liability under this Act to any workman, employer. then, in the event of the employer becoming insolvent, or making a Ibid., b.

composition or arrangement with his creditors, or, if the employer is of employera

a company, in the event of the company having commenced to be against inaurer "eat

in workmen.

2" GEORGII V, No. 1053.

The Wmkmen's Cornpensation Act.-191 1.

wound up, the rights of the employer against the insurers as respects

that liability shall, notwithstanding any statutory enactment relating

to illsolvency or to the winding-up of companies, be transferred to

and vest in the workman, and upon any such transfer the insurers	!
shall have the same rights and remedies and be subject to the same	1
liabilities as if they were the employer, so however that the insurers shall not be under any greater liability to the workman than they would have been under to the employer.

Workmen may prove

for balance.	(2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the workman may prove fbr the balance in the insolvency or liquidation.
Amount due for corn-

peneation to be a pre- (3) There shall he included among the debts which, under sections

ferential debt.	201 and 202 of " The Insolvent Act, 1886," in the distribution of
385 of 1886.	the property of an insolvent may, and which under section 151 of
597 of 1893.	" The Companies Act, 1892," in the distribution of the assets of a. company being wound up are to be paid in priority to all other debts, the amount, not exceeding in any individual case One Hundred Pounds, due in respect of any compensation the liability wherefor accrued before the date of the filing of the petition for adjudication or the date of the commencement of the winding up (as the case may be), arid those Acts shall have effect accordingly. Where the compensation is a weekly payment the amount due in respect thereof shall, for the purposes of this provision, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an application for that purpose under the First Schedule.

(4) The provisions of this section with respect to preferences and

NO^ a preferential

debt if employer	priorities shall not apply where the insolvent or the company being	.
insured.
wound up has entered into such a contract with insurers as mentioned in subsection (1) of this section.
to voluntary winding

Section not to apply ( 5 ) This section shall not apply where a company is wound up

UP for certain voluntarily merely for the purposes of reconstruction or of amalga-

p u r p ~ ~ e s. mation with another company.

Remedies both against 11, Where the injury for which compensation is payable under

stranger. this Act was caused under circumstances creating a legal liability	emphyer and
Imp. Act 6 Edw. VII., in some person other than the employer to pay damages in respec,t
C. 58 S. 6. thereof-

(1) The workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act for such compensation, but shall not be entitled to recover both damages and compen- sation; and

(2) If the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under the section of this Act relating to sub-contracting, shall be entitled to be indemnified by the person so liable to pav

darnages

- 2' GEORGII V, No. 1053.

The Workmen's Compensation Act.-l 9 l l.

damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by action, or, if the parties consent, by arbitration under this Act.

12. (1) Where-

1. Any certifying medical practitioner certifies that a workman is Application of Act to industrial diseases.

suffering from a disease mentioned in the Third Schedule Ibid.,

and is thereby disabled from earning full wages at the

work at which he was employed; or

11. The death of a workman is caused by any such disease:

and the disease is due to the nature of any employment in which the workman was employed at any time within the twelve months previous to the date of the disablement, whether under one or more employers, the workman or his dependants shall be entitled to com- pensation under this Act as if the disease were a personal injury by accident arising out of and in the course of that employment, subject to the following modifications :-

(a) The disablement shall be treated as the happening of the acci- Treated as happnbg

dent: of accident.

( h ) If it is proved that the workman at the time of entering the NO compensation in

employment wilfully and falsely represented himself in tation.

cases of misrepresen-

writing as not having previously suffered from the disease,

compensation shall not be payable:

( c ) The compensation shall be recoverable from the employer who Last employer

last employed the workman during the said twelve months primarily liable.

in the employment to the nature of which the disease was

due:

Provided that-

I. The workman or his dependants, if so required, Workman to furnish

shall furnish that employer with such information prssiouB employera.	information as to
as to the names and addresses of all the other	employers who employed him in the employment
during the said twelve months as he or they may possess, and if such information is not furnished, or is not sufficient to enable that employer to take proceedings under the next following proviso, that employer upon proving that the disease was not contracted whilst the workman was in his employment shall not be liable to pay compen- sation; and

11. If that emplover alleges that the disease was in fact Where disease

contracted khilst tge workman was in the employ- ~ ~ ~ ~ $ ~, " $ ~ & m t

ment of some other emplover, and not whilst in

his employment, he mayjoi6 s&h other employer

as a party to the arbitration, and if the allegation is

proved, that other employer shall be the employer

from whom the compensation is to be recoverable;

and 111. If

2" GEORGII V, No. 1053.

The Workmen's Corn pewation Act.-1 9 1 1.

Contaibutions in caee	11 I.	1 f the disease is of such a nature as to be contracted by a gradual process, any other employers who during the said twelve months employed the workman in the employment to the nature of which the disease was due, shall be liable to make to the employer from whom compensation is recoverable such contributions as, in default of agreement, may be determined in the arbitration under this Act for settling the amount of the compensation:
dieease contracted

gradual1 y. A

H o w amount of com-

pensation calculated.

( d ) The anlount of the compensation shall be calculated with

reference to the earnings of the workman under the ern-

ployer from whom the compensation is recoverable:

Employer to whom

notice to be given.

( e ) The employer to whom notice of the death or disablement, is to be given shall be the employer who last employed the workman during the said twelve months in the employ- ment to the nature of which the disease was due, and the notice may be given notwithstanding that the workman has voluntarily left his employment:

Reference to medic a1

referee.

( f ) If an employer or a workman is aggrieved by the action of a

certify lng medical practitioner in giving or refusing to give a certificate of disablement for the purposes of this section, the matter shall, upon request in writing by such employer or workman, be referred by the Minister to a medical referee, whose decision shall be final.

deemed to be due to (2) If the workman at or immediately before the date of the dis-	Certain diseaees'
nature of employment ablement was employed in any process mentioned in the second
unleea contrary
certified. column of the 'l'hircl Schedule, and the disease contracted is the disease in the first column of that Schedule set opposite the descrip- tion of the process, the disease, except where the- certif )ing medical practitioner certifies that in his opinion the disease was not due to the nature of that employment, unless the employer proves the contrary. nature of the employment, shall be deemed to have been due to the
R~gulatione ae to
duties of practitioner 8 (3) The Governor may make regulations as to the duties and fees
and referees. of certifying medical practitioners and medical referees under this section.
Date of dirablement,
how aecertained. (4) For the purposes of this section the date of disablement shall be such date as the certifying medical uractitioner certifies as the date on which such disablimkt commenced, or, if he is unable to certify such a date, the date on which the certificate is given:

Provided that-

((L) Where the medical referee allows an appeal against a refusal by a certifying medical practitioner to give a certificate of disablement, the date of disablement shall be such date as the medical referee determines:

(1) Where a workman dies without having obtained a certificate

of disablement, or is at the time of death not in receipt

of

It,

The Wor7cmen's Cornpewation Act.--1 9 1 1.

of a weekly payment on account of disablement, the date of death shall be deemed to be the date of disablement.

(5) In such cases, and subject to such conditions as the Minister Ap~intment of

may direct, any medical practitioner appointed by the Minister for ~	~	~	~	f	~	~	t	i	~	~
the purpose shall have the powers and duties of a certifying medical practitioner under this section, and this section shall be construed

according1 y.

(6) (a) The Governor may, by Proclamation published in the Extenaim of mction

Government Gazette, from tinre to time extend the provisions of this section to diseases and processes other than those mentioned in the Third Schedule, and to injuries due to the nature of any employ- ment specified in the Proclamation not being injuries by accident, either without modification or subject to such modifications as may be contained in the Proclamation.

( b ) Every such Proclamation shall, upon publication and while

in force, have the same effect as if the diseases and processes men-

tioned therein were inserted in the Third Schedule.

(7) Nothing in this section shall affect the rights of a workman claims in respect of

to recover compensation in respect of a disease to which this section

other diseases not

does not apply, if the disease is a personal injury by accident within

the meaning of this Act.

13. (1) This Act applies in respect of an accident happening to a a c t to to

workman employed on a South Austrdian ship, as defined in this ~	$	~	~	~	~	n	~	~	~
section, if the accident happens out of and in the course of his Australianahipe."

employment: Provided that it happens within this State or within N.Z. Workers9Comp.

Act, 1908, 8. 11.

the jurisdiction of this State. Imp. Act 6, Ed. VII.,

(2) In this Act the term South Australian ship " means any c. 68,s. 7-

sh$ 'which-

(a) Is registered in this State; or

( 6 ) Is owned by a body corporate established under the laws of

this State or having its principal office or place of business in this State, or is m the possession of any such body corporate by virtue of a charter; or

(c) Is owned by any person or body corporate whose chief office or place of business in respect of the management of such ship is in this State, or ia in the possession of any such person or body corporate by virtue of a charter; or

( d ) Is owned by the Crown in respect of the Government of this

State, or is in the possession of	the Crown in that respect
by virtue of a charter.

(3) The application of this Act in respect of accidents happening Modi5catiom of Act in case of accidents

to workmen, as provided by this section, shall be subject to the me,.

following modifications :- Ibid., adapted.

(a ) The notice of accident and the claim for compensation may,

except where the person injured is the master, be served

on

26 GEORGII V, No. 1053

The Workmen's Compensation Act.--1 91 1.

on the master of the ship as if he were the employer, but where the accident happened and the incapacity corn menced on board the ship it shall not be necessary to give any notice of the accident:

(6) In the case of the death of the workman, the claim for com-

pensation shall be made within six months after news of

the death has been received by the claimant:

(c) In the case of the death of a workman leaving no dependants, no compensation shall be payable if the owner of the ship

No. 237 of 1881. is under the Marine Board and Navigation Act, 1881," or any Act amending or substituted for that Act, liable to pay the expenses of burial:

( d ) The weekly payment shall not be payable in respect of the period during which the owner of the ship is, under the

No. 237 of l881

" Marine Board and Navigation Act, 1881," or any Act

amending or substituted for that Act, liable to defray the

expenses of maintenance of the injured workman:

( e ) Any sum payable by way of compensation by the owner of a

ship under this Act shall be paid in full notwithstanding

Imp. Act 67 and 58, anything in section 503 of the "Merchant Shipping

Vict., C. 60. Act, 1894" (which relates to the limitation of a ship- owner's liability in certain cases of loss of life, injury, or damagej, but the limitation on the owner's liability imposed by that section shall apply to the amount recover- able by way of indemnity, under the section of this Act relating to remedies both against employer and stranger, as if the indemnity were damages for loss of life or personal injury:

(. f ) Section 95 of the Marine Board and Navigation Act, 1881 "

No. 23; of 1881.

(which relates to the recoverv of wages of seamen lost with their ship), shall apply as respects proceedings for the recovery of compensation by the dependants of a work-

proceedings for the recovery of lvages due to seamen and man lost with his ship as they apply with respect to apprentices; and proceedings for the recovery of compen- sation shall in such a case be maintainable if the claim is made within eighteen months of the date at which the ship is deemed to have been lost with all hands.

Crew of fishing (4) This Act does not apply in respect of accidents to such

vessel.

members of the crew of a fishing vessel as are remunerated by

Ibid.

shares in the profits or the gross earnings of the working of such

vessel.

Appointment anE	14. (1) The Minister may appoint such legally qualified medical
remuneration of

medical referees and	practitioners to be medical referees and certifying medical practi-
practitioners.	tioners respectively for the purposes of this Act as he may
Ibid., E.' 16.	determine; and the remuneration of, and expenses incurred by, medical referees and certifying medical practitioners under this Act shall, subject to regulations made by the Governor, be paid out of moneys provided by Parliament. (2) Where

The Workmen's C m pernation Act.--1 9 1 1.

(2) Where a medical referee has been employed as a medical practi-

tioner in connection with any case by or on behalf of an employer or previorlely employed.

workman or by any insurers interested, he shall not act as medical

referee in that case.

Referee not to act if

15. (1) Any contract (other than a contract substituting the pro- ~rovisio,, to

visions of a scheme certified under " The Workmen's Compensation existillg cOntmcLa echemes.

Act, 1900,'' for the provisions of that Act) existing at the commence-	ment of this Act, whereby a workman relinquishes any right to Ibid., s. 16.
compensation from the employer for personal injury arising out of and in the course of his employment, shall not, for the purposes of this Act, be deemed to continue after the time a t which the work- man's contract of service would determine if notice of the determi- nation thereof were given at the commencement of this Act.

(2) Every scheme under '' 'l'he Workmen's Compensation Act, xxiBting sobeme to

1900," in force at the commencement of this Act shall, if recertified continueif rece*ified.

by the Public ,4ctuary, have effect as if it were a scheme under

this ,4ct.

(3) The Public Actuary shall recertify any such scheme if it is TO be recertified if

proved to his satisfaction that the scheme conforms, or has been so mnfOms with Act.

modified as to conform, with the provisions of this Act as to

schemes.

(4) If any such scheme has not been so recertified before the R,o~& unlee8

expiration of six months from the commencement of this Act, the :::$? within

certificate thereof shall be deemed to be revoked.

16, Subject to a scheme certified under section 8 it shall not be Deductions towards

lawful for a n y employer or any person on his behalf, or for any

insurers or any persbn on their behalf, to directly or indirectly

take or receive any money from any workman, whether by way of	1905,	a
deduction from wages or- otherwise howsoever, in respect of any liability of an employer to pay compensation under this Act. All
whether with the consent of such workman or not, may be recovered	money so taken or received as aforesaid from any workman,	in any Court of competent jurisdiction as a debt due to him by the employer, insurers, or person who took or received it.

17. (1) If it is alleged that the owners of any ship are liable as Order tor detention l

such owners to pay compensation under this Act, and at any time that Of ship.

ship is found in any port or river in this State or in any water within c. BB, a. ll. Imp. Act 6 Ed. VII.,

the territorial jurisdiction of this State, a Judge of the Supreme Seaman,8

Act,

Court may, upon its being shown to him by any person applying Camp- 1909, powers now vested in the said bard, named in the order, requiring such officer to detair? the ship until such time as the owners, agent, master, or consignee thereof have paid such compensation, or have given security, to be approved by a Judge of the said Court, to

summarily that the owners are probably liable as such to pay such 8. 13, adapted.

compensation, and that none of the owners resides in this State,

issue an order directed to any officer of the said Court, or of the

abide

-- GEORGif V, NO. 1053.

The Wo~lcmen's Compensation Act.-1 9 1 1.

abide the event of any proceedings that may be instituted to recover such compensation and to pay such compensation and costs as may be awarded thereon.

Detention.	(2) The officer to whom the order is directed may detain the ship in accordance with the order.
Parties.	(3) In any legal proceeding to recover such compensation, the person giving security may be made the defendant, and the pro- duction of the order of the Judge made in relation to the security shall be conclusive evidence of the liability of the defendant to the proceeding.
Residence of	(4) If the owner of a ship is a corporation, such corporation shall, for the pllrpose of this section, be deemed to reside in the State of South Australia if i t has an office in the said State at which service of process can be effected.

corporaf ion.

Penalty for pro-

ceeding to sea. ( 5 ) If a ship after detention in pursuance of this section, or after

Cf. Marine Board	service on the master of any notice of an order for detention under
Act, S.A. 1881,	this section, proceeds to sea before the ship is released by competent
S. 176.	authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or party is party or privy to the offence, shall be liable to a penalty not exceeding One Hundred Pounds.
Offlcer taken to sea.	(6) If the master proceeds to sea with the ship in contravention of this section, and takes to sea any person required to detain the ship, the owner and the master thereof shall each be liable to pay a further penalty at the rate of Ten Pounds for every day until such person returns to the place from which he was taken, or until the expiration of such time as would enable him after leaving the ship to return to such place.
Cf. ibid., a. 176.

Agreements and 18. Any agreement in writing and any memorandum of agree-

receipts under the ment (whether under seal or not) as to any matter under this Act,

Act exempt from

stamp duty.

or any Act hereby repealed, and any receipt given for or upon the payment of any money payable under this Act, or any Act hereby repealed, or under any such agreement aforesaid, shall be exempt

No. 372 of 1886.

from all stamp duties chargeable under the " Stamp Act, 1586," or

any Act amending or substituted for that Act.

Regulations. 19. (l) 'l'he Governor may make regulations for any purpose for

which this Act authorises regulations to be made, or for which it is by this Act contemplated that regulations may or will be made, and generally such regulations as may be necessary or convenient for carrying out or giving effect to the provisions of this Act.

(2) Any such regulations may prescribe penalties for any breach

thereof, or of other regulations, not exceeding Ten Pounds for any

such breach.

Publication and

effect. (3) Such regulations shall-

(a) Be published in the Government Gazette ;

( b ) Take

' 2 GEORGII V, No. 1053,

The Workmen's Compensation Act.--1 91 1.

( h ) Take effect from the date of such publication, or from a

later date, to be specified therein; and

( c ) Be laid before both Houses of Parliament within fourteen

days after publication, if Parliament is in Session, and

if not, then within faurteen days after the commence-

ment of the nest Session.

(4) If either House of Parliament passes a resolution disallowing Dieapproval by

any such regulation, of which resolution notice has been given a t any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.

This subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session or parliament p as that in which the regulation is laid before such House.

20, Eules of Court may be made under the " Supreme Court Rules of Supreme

Act, 1878," for the regulation of all matters relating to the practice

and procedure of the Supreme Court on appeals thereto under the	$l6,	18is.
Second Schedule, and generally as to all matters connected with such appeals, or for the regulation of any other matter in which the Supreme Court or a Judge thereof has jurisdiction under this Act; and such rules may also prescribe such forms and such scales of fees, costs, and expenses as may be necessary or convenient for the purposes of this Act.

21. Rules of Court may be made under the " Local Courts Act, Rulesof L O C ~ ~ C O U ~ ~ S.

1886," for any purpose for which this Act authorises Rules of Court 386, 1886,	28.
(riot being Rules of the Supreme Courtj to be made, and also generally for regulating the practice of Local Courts, Special Magis-
into effect this Act so far as it affects or relates to such Courts or	trates, and officers of Local Courts under this Act, and for carrying	Magistrates or officers, and to proceedings in Local Courts or before Special Magistrates; and such rules may also prescribe such forms and such scales of fees, costs, and expenses as may be necessary or convenient for the purposes of this Act.

.22, A11 proceedings in respect of offences against this Act shall summary

be by information, and shall be heard and determined in a summary proceedin@-

way by a Special Magistrate or two Justices of the Peace, and shall

be regulated by the Ordinance No. 6 of 1850, or any Act for the

time being in force regulating the duties of Justices of the Peace

as to summary proceedings.

23. (1) There shall be an appeal to the Local Court of Adelaide Appeals.

in its Full Jurisdiction from any order or conviction bv a Magistrate or Justices under this Act, or from any order by a ~ a ~ i s t r a t e or Justices dismissing any information for any offence against this Act.

(2) Such

2" GEORGII V, No. 1053.

The Workwn's Compensation Act.--191 1.

(2) Such appeal shall be regulated by the said Ordinance No. B

of 1850, or any Act for the time being in force regulating appeals to Local Courts: Provided that the Court may make any order as to costs although such costs exceed 'Ten Pounds.

Special case.	(3) Such Local Court may state a special case or cases for the opinion of the Supreme Court.
(4) The Supreme Coult shall hear and decide all such special cases according to the practice of the Supreme Court on special cases, and may make such order as to costs of any special case as to the said Court appears just.
(5) The Local Court shall make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the said Supreme Court, or of any Judge thereof; and such order shall be enforced in manner provided for the enforcement of orders of Justices by the said Ordinance No. 6 of 1850, or any Act in force as aforesaid.

I n the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUE'I', Governor.

SCHEDULES.

' 2 GEORGII V, No. 1053.

The Workmen's Compensatwn Act.--191 1.

SCHEDULES.

FIRST SCHEDULE. Section 6

Scale and Conditions of Compensation.

;	1 ) The amount of contpensation under this Act shall be-	Amount of compen-
(a) Where death results from the injury-	sation.

I. I f the workman leaves any dependants wholly dependent upon his earn- 1, ,,,, of death.

ings, a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of Two Hundred Poundu, whichever of those sums is the larger, but not exceeding in any case Three Hundred Pounds, provided that the amount of any weekly payments made under this Act, and any lump sum paid in redemption thereof, shall be deducted from such sum, and, if the period of the workman's employment by the said em- ployer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be one hundred and fifty-six times his average weekly earnings during the period of his actual employment under the said employer:

11. If the workman does not leave any such dependants, but leaves any dependants in part dependent upon his earnings, such sum, not ex- ceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration under this Act, to be reasonable and proportionate to the injury to the said dependants; and

111. If he leaves no dependants, the reasonable expenses of his medical atten- dauce and burial, not exceeding Twenty Pounds:

( b ) Where total or partial incapacity for work results from the injury, a weekly In case of incapacity

for work.

payment during the incapacity not exceeding fifty per centum of his average to exceed Three Hundred Pounds:

weekly earnings during the previous twelve months, if he has been so long

employed; but if not,, then for any less period during which he has been in

the employment of the same employer; such weekly payment not to exceed

Provided that-

(a) If the incapacity lasts less than two weeks no compensation shall be payable Incapacity for less

in respect of the first week: than two weeks.

( 6 ) As respects the weekly payments during total incapacity of a workman who Workman under

is under twenty-one years of age a t the date of the injury, and whose twenty-one years

average weekly earnings are less than Twenty Shillings, one hundred per

age.

centum shall be substituted for fifty per centum of his average weekly

earnings, but the weekly payment shall in no case exceed Ten Shdlings:

( c ) In the case of a workman whom his employer has reasonable cause to believe Workman over ~ixty

to be over sixty years of age, or who has, in accordance with the regula- pears of age.

tions, obtained from a medical referee a certificate to the effect that any

physical or mental infirmity or incapacity from which he is suffering is such

as to render him specially liable to accident, or to render the result of an

accident to him specially serious, and who has entered into an agreement

in writing with his employer as to the maximum amount of compensation

to be payable under this Act in respect of accidents happening after the

date of the agreement, the compensation shall nbt exceed that maximum,

but the maximum shall not be less-

I. Where death results from the injury, and the workman leaves any

dependants, than Fifty Pounds:

11. Where total or partial incapacity for work results from the injur-j, than a

weekly payment during the incapacity of Five Shillings, and a total

liability of Fifty Pounds.

C-1063 (2) For

GEORGII No.

The Workmen's Cornpernation Act .-l 9 1 1.

Computation of (2) For the purposes of the provisions of this Schedule relating to "earnings" and

‘ L earnings " and

" average weekly "average weekly earnings" of a workman, the following rules shall be observed :-

earnings."

( a ) Average weekly earnings shall be computed in such manner as is best cnlcu- lated to give the rate per week a t which the workman was being remune- rated: Provided that where, by reason of the shortness of the time during mhioh the workman has been in the eniployment of his employer, or the casual nature of the employment, or the terms of the employment. it is impracticable a t the date of the accident to compute the rate of remunera- tion, regard may be had to the average weekly amount which, during the twelve months previous to the accident, was being earned by a person in the same grade employed a t the same work by the same employer, or, if there is no person so employed. by a person in the same grade employed in the same class of employment and in the same district:

( h ) \Vhere the workmal, had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and a t another time for another such employer, his averagc weekly earnings shall be computed as if his earnings under all such con- tracts were earnings in the employment of the employer for whom he was working a t the time of t.he accident:

( c ) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed a t the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause;

( d ) Where thc employer has been accustcmed to pay to the workman a sum to

cover any special expenses entailed on him by the nature of his employ-

ment, the sum so paid shall not be reckoned as part of the earnings.

Regard to be had to	(3) In fixing the amount of the weekly payment, regard shall be had to any pay- during the period of his incapacity, and in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the arerage weekly amount which he is earning or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under tbe circumstances of the case may appear proper.
paymenta, allowances,	ment, allowance, or benefit which the workman may receive from the employer
etc., to workman.
Medical examination.	(4) Where a workman has given notice of an accident, he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner provided and aid by the employer, and, if he refuses to submit himself to such zxamination, or in any way obntructs the same, his right to compensation, and to take or prosecute any proceeding under this Act in relation to compensation, shall be
suspended until such examination has taken place.
Investment of pay-	(5) The payment in the case of death shall, unless otherwise ordered as herein- after provided, be paid into the Local Court nearest to the place of residence of the deceased a t the time of his death. and any sum so paid into Court shall, subject to Rules of Court and the provisions of this Schedule, be invested, applied, or other- wise dealt with by the Special Magistrdte whose duty, for the time being, i t is to preside over the Court in which the sum is, in such manner as he in his discretion thinks fit, for the benefit of the persons entitled thereto under this Act, and the receipt of the clerk of the Court shall be a sufficient discharge i n respect of the amount paid into the Court: or the said Special Magistrate may pay the said sum, or direct the same to be paid, to the Public Trustee, whose receipt shall be a eufficient discharge in respect of the amount paid to him, and the Public Trustee may invest the same as he thinks proper:
ment in case of death.
Provided that, if so agreed, the payment in case of death shall, if the workman leaves no dependants, be made to his legal personal representative, or, if he has no such representative, to the person to whom the expenses of medical attendance and burial are due.
Transfer of money

from one Court to (6) Rules of Court may provide for the transfer of money paid into Court under

another. this Act from one Court to another.

Payment of weekly (7) Where a weekly payment is payable under this Act to a person under any legal

sum due to person

disability. a Special Magistrate may, on application being made in accordance with

under disability.

Rules of Court, order that the weekly payment be paid during the disability into Court,

and

and the provisions of this Schedule with respect to sum8 required by this Schedule to be paid into Court shall apply to sums paid into Court in pursuance of any such order.

settled by arbitration under this Act, or, if not so settled before payment into Court dependants. ( 8 ) Any question as to who is a dependant shall, in default of agreement, be Questions as

under this Schedule, shall be settled by the Special Magistrate whose duty, for the time being, i t is to preside over the Local Court where the sum is; and the amount payable to each dependant shall be settled by arbitration under this Act, or, if not so settled before payment into Court under this Schedule, by the Special Magis- trate whose duty, for the time being, it is to preside over the Local Court where the sum is. Where there are both total and partial dependants nothing in this Schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

(9) Where, on application being made in accordance with Rules of Court. it appears Power to vary order

to a Special Magistrate that, on account of neglect of children on the part of a or award.

widow, or on account of the variation of the circumdtances of the various dependants,

or for any other sufficient cause, an order of a Special Magistrate or an award as to

the apportionment amongst the several dependants of any sum paid as compensation,

or as to the manner in which any sum payable to any such dependant is to be in-

~es ted, applied, or otherwise dealt with, ought to be varied, the Special Magistrate

hearing the application may make such order for the variation of the former order

or the award as in the circumstances of the case he may think just.

(10) Any sum which under this Schedule is ordered to he invested rnay be invested

in the purchase of an annuity from any life insurance society approved by the in8ura-8ncesociet~-

Special Magistrate or the Public Trustee investing such sum.

Investment in

( 1 1) Any sum to be so invested may be accepted by the Savings Bank of South Depoeit in Savings Australia as a deposit in the name of the Clerk of a J,ocal Court. Bank.

(12) The provisions of any Act or regulations as to the limits of deposits in the Limits an to depmits

Savings Bank shall not apply in respect of sums which under this Schedule are and	not to
ordered to be invested. And the whole amount of any sum deposited in the said Bank under this Act shall, notwithstanding the provision of any Act or regulations limiting the interest-bearing amount of deposits or otherwise, bear interest at the rate allowed to ordinary depositors in the said Bank.

(13) No part of any money deposited in the name of the Clerk of a Local Court Payment outof Bank.

in the Sa~ings Bank under this Act shall he paid out, except upon an order drawn on the Savings Bank and signed by a Special Magistrate or the Clerk of the Local Court. Such order shall be a sufficient discharge to the Bank in respect of the money paid out pursuant thereto.

(14) Any workman receiving weekly payments under this Act shall, if so required by the mployer, flom time to time submit himself for examination by a duly examl"atlOns.	Periodical, medical
refuses to submit himself to such examination, or in any way obstructs the same, his qualified medical practitioner provided and paid by the employer. If the workman	right to such weekly payments shall be suspended until such examination has taken
place.

(15) A workman shall not be required to submit himself for examination by a Regulations ss to

medical practitioner under paragraph (4) or paragraph (14) of this Schedule other- such examinatiOne

wise than in accordance with regulations made by the Governor, nor at more frequent

interrals than are prescribed by those regulations.

(16) ( a ) Where a workman has so submitted himself for examination by a medical

practitioner, or has been examined by a medical practitioner selected by himself, and referee.

the employer or the ~ o r k m a n, as the case may be, has within six days after such

examination furnished the other with a copy of the report of that practitioner as to

the workman's condition, then, in the event of no agreement being come to between

the employer and the workman as to the workman's condition or fitness for employ-

ment, the clerk of a Local Court, on application being made to the Court by both

parties, may, on payment by the applicants of such fee, not exceeding Two Pounds, as

is prescribed by any Rule of Court, refer the matter to a medical referee.

Reference to medical

(6) The medical referee to whom the matter is so referred shall, in accordance with regulations made by the Governor, give a certificate as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matters so certified.

(c) Where

(c) Where no agreement can be come to between the employer ant1 the workman as to whether or to what extent the incapacity of the workman is due to the accident, the provisions of this paragraph shall, subject to any regulations made by the Governor, apply as if the question were a question as to the condition of the workman.

(d) If a workman, on being required so to do, refuses to submit himself for examina-

tion by a medical referee to whom the matter has been so referred as afore~aid, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding under this Act in relation to compensation, or, in the case of a workman in receipt of a weekly payment, his right to that weekly payment, shall be suspended until such examination has taken place.

Rule8 of Court to (e) Rules of Court may he made for prescribing the manner in which documents are

this paragraph.	to be furnished or served and applications made under this paragraph and the forms
to be used for those purposes, and as to the fee to be paid under this paragraph.

Review of weekly (17) Any weekly payment may be reviewed a t the request either of the employer

payment.	or of the workman, and on such review, which in default of agreement shall be by way of arbitration under this Act, may be ended, diminished, or increased subject to the maximum above provided, as from such date as the arbitrator having regard to
the p a ~ t or present condition of the workman may see fit.
Provided that where the workman was a t the date of the accident under twenty-one years of age and the review takes place more than twelve months after the accident, the amount of the weekly payment may be increased to any amount not exceeding fiftypercentum of the weekly sum which the workman would probably havebeenearning at the date of the review if he had remained uninjured, but not in any case exceeding One Pound.
Lump eum in	( 1 8) Where any weekly payment has been continued for not less than six months, emplojer, be redeemed by the payment of a lump sum to be settled, in default of agreement, by arbitration under this Act, and such lump sum may be ordered by the arbitrator or Special Magistrate to be invested or otherwise applied as above- mentioned:
redemption Of	the liability therefor may, on application by or on behalf of either the workman or the

payments.

Provided that nothing in this paragraph shall be construed as preventing agree- ments being made for the redemption of a weekly payment by a lump Rum.

ceasing to (19) If a workman receiving a weekly payment ceases to reside in South Australia, he shall thereupon cease to be entitled to receive any weekly payment, unless a medical referee, on a reference made in accordance with Rules of Court, certifies that the incapacity resulting from the injury is likely to be of a permanent nature.

reside in the State.

the amount of the weekly payments accruing due during the preceding quarter so If the medical referee so certifies, the workman shall-be entitled to receive quarterly	long as he proves, in such manner and at such intervals as may be prescribed by
Rules of Court, his identity and the continuance of the incapacity in respect of which the weekly payment is payable.

Payment8 not (20) A weekly payment, or a sum paid by way of redemption thereof, shall not be

aseipable.

capable of being assigned, charged, or attached, and shall not pass to any other person

by operation of law, nor shall any claim he set off against the same.

Suepension of (21) Where under this Schedule a right to compensation is suspended, no compen-

payment. sation shall be payable in respect of the period of suspension.

SECOND

No.

The Workmen's Compensation Act .-l 9 1 l.

SECOND SCHEDULE.

Arbitration.

The following provisions shall apply for settling any matter which, under this Act,

is t o be settled by arbitration :-

(l) Subject to paragraph (2) of this Schedule every such matter shall be settled Arbitration by a

by a single arbitrator agreed on by the parties. aingle arbitrator.

(2) If a single arbitrator is not agreed on by the parties within one month :&er By Spcial Magistrate

the making of the claim, the matter shall be settled by the Special Magistrate accord-	arbitration not
ing to the procedure prescribed by Rules of Court.	agreed on.

(3) "The ~ r b i t r a t i o n Act, 1891," shall not apply to any arbitration under this Arbitration Act not

Act. to apply.

(4) The arbitrator may, if he thinks fit, 8ubmit any question of law for the decision

Question of law may

be submitted to

of the Special Magistrate. Special Magistrate.

(5) Either party may appeal, on a question of law or facts or both, to the Supreme Deckion of MaC-

Court within the time and in accordance with the conditions prescribed by Rules of trate. the Supreme Court, and such appeal may be in the nature of a re-hearing.

(6) I n case of such an appeal the Supreme Court shall decide the matter of the Appeal to Supreme

appeal, and may either ciismiss the appeal or reverse or vary the decision or order Court.

appealed from, and may make such order as to the costs of the appeal and of the

arbitration or proceedings before the arbitrator or Special Magistrate, or both, as

t,he Court thinks proper; and any decision or order of the Court under this para-

graph shall be final.

( 7 ) The arbitrator or Special Magistrate shall, for the purposes of proceedings Powers of arbitrators

under this Act, have the same powers of procuring the attendance of and adminis- and Magistrates 88

tering oaths and affirmations to witnesses, and of procuring the pioductioe of and documents, as if the proceedings were an action in the Local Court.

(8) The Special Magistrate may, if he thinks fit, summon a medical referee to sit Magistrate may sum-

with him as an assessor, br.t such assessor shall not take part in the decision.

mon medical referee

as a~sesaor.

Governor, appoint a medical referee to report to him on any matter which seems trate may obtain re- The arbitrator or Special Magistrate may, subject to regulations made by rhe Arbitrator or Nagis-

material to any question arising in the arbitration. portof medicalreferee.

(9) Rules of Cowt may make provision for the appearance in an arbitration Representation of

under this Act of any party by some other person. parties.

(10) Subject to paragraph (6) of this Schedule and to any Rules of Courc, the costs Costa.

of nnd incidental to the arbitration and proceedings connected therewith shall be in the discretion of the arbitrator or Special Magistrate. The costs ordered by the arbitrator or Special Magistrate may be a lump sum, and shall not exceed the limit

scribed by those rules; and such taxation may be reviewed by the Special Magistrate. prescribed by Rules of Court, and shall, if necessary, be taxed in manner pre-

(1 1) In the case of the death, or refusal or inability to act, of an arbitrator, the Failure of arbitrator to act.

Special Magistrate may, on the application of any party, settle the matter.

(12) Where the amount of compensation under this Act has been ascertained, or of

any weekly payment varied, or any other matter decided under this Act, eit,her by memorandum of

an arbitrator or by agreement, a memorandum thereof shall be sent, in manner agreement or arbitra-

prescribed by Rules of Court, by the arbitrator, or by any party interested, to the tor's decision.

clerk of the Local Court, who shall, subject to such ruIes, on being satisfied as to

,its genuineness, record such memorandum in a special register without fee, and

thereupon the memorandum shall for all purposes be enforceable as a Local Court

judgment:

Provided that -

(a) No such memorandum shall be recorded before seven days after the dispatch

by the clerk of the Court of notice to the parties interested:

( b ) Where a workman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act, and the employer, in accordance with Rules of Court, proves that the workman has in fact returned to work and is earning the same wages as he did before the accident, and objects to the recording of such memo- randum. the memorandum shall only be recorded, if a t all, on such terms -.

as the special Magistrate, under thk circumstances, may think just:

(C) The

No.

The W o r h n ' s Comipemation Act.-1 91 1.

(c) The Special Magistrate may a t any time rectify the register:

( d ) Where it appears to the clerk of the Court on any information which he considers sufficient, that an agreement as to the redemption of a weekly payment by a lump sum, or an agreement as to the amount of compen- sation payable to a person under any legal disability, or to dependants, ought not to be registered by reason of the inadequary of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence, or other improper means, he may refuse to record the memorandum of the agreement sent to him for registration, and in that case shall refer the matter to the Special Magistrate, who shall, in accordance with Rules of Court, make such order (including an order as to any sum already paid under the agreement) as under the circumstnnces he may think just:

(e) The Special Magistrate may, within six months after a memorandum of an agreement as to the redemption of a weekly payment by a lump sum, or of an agreement as to the amount of compensation payable to a person under m y legal disability, or to dependants, has been recorded in the register, order that the record be removed from the register on proof to his satisfaction that the agreement was obtained by fraud or undue influence or other improper means, and may make such order (including an order as to any sum already paid under the agreement) as under the circumstances he may think just.

EHect of non-regis-

(13) An agreement as to the redemption of a weekly payment by a lump sum if not registered in accordance with this Act shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom thp weekly payment is payable from liability to continue to make that weekly payment; and an agreement as to the amount of compensation to be paid to a person under n legal disability or co dependants, if not so registered, shall not, nor shall the payment of the sum payable

tration of agreenient.

under the agreement, exempt the person by whom the compensntion is payable from

liability to pay compensation, unless, in either case, he proves that the failure to

register was not due to any neglect or default on his part.

What Court or

(14) (a) Where any matter under this Act is to be done in a Local Court, then, done in the Local Court of Full Jurisdiction nearest to which the party applying resides, or to which the matter is transferred in manner and in the circumstances prescribed by Rules of Court.

Special Myistrate to

unless the contrary intention appears, the same shall, subject to Rules of Court, be

have juriad~ction.

( b ) Where in this Act s Special Magistrate or a clerk of a Local Court is referred to, such Magistrate or clerk shall, unless the context shows a different intention, be the Special Magistrate whose duty, for the time being, it is to preside at the Local Court prescribed by sub-paragraph (a) of this paragraph and the clerk of such Court

respectively.

Duties to be part of (15) The duties of a Special Magistrate under this Act, shall, subject to Rules of

dutiee of Local	Court, be part of the duties of Local Courts, and the officers of the Court shall act
Courts.	accordingly.
Fees.	(16) No Court fee, except such as may be prescribed under paragraph (16) of the First Schedule, shall be payable by any party in respect uf any proceedings by or against a workman under this Act in the Court prior to the award.
Payment to be made	(17) Any sum awarded as compensation shall, unless paid into Court under this Act, be paid on the receipt of the peraon to whom it is payable under any agreement or award; and no solicitor and no agent of a person claiming compensation under this Act shall be entitled to recover from him any costs in respect of any proceedings in an arbitration under this Act. or to claim a lien in r e s ~ e c t of such costs on. or deduct - ~ such costs from, the sum awaided or agreed as compe&ation, except such sum as may
to persona entitled.
Costa to be taxed.	be awarded by the arbitrator or Special Magistrate, on an application made either by the person claiming compensation, or by his solicitor or agent, to determine the amount of costs to be paid to the solicitor or agent; and any such sum, unless it is a lump Rum, shall be awarded subject to taxation and to the scale of costs pre- scribed by Rules of Court.

Persons mder (18) Unless so directed by the arbitrator or Special Magistrate, it shall not be

disability need not	necesssry upon any arbitration, or any application connected therewith, for depen-
be represented.	dants, who are married women, infants, or persons of unsound mind or under any legal dieability, to be represented. (19) The

GEORGII No.

The Wor7mten's Compensation Act .--l 9 1 1.

(1 9) The arbitrator or Special Magistrate shall, in all cases where he thinks it Directions for

necessary, direct the manner in which dependants who are married women, infants, of

or persons of unsound mind or under any legal disability, shall be represented, and	persons.
Inay make any direction which he deems proper for the representation of any class of dependants by a member of such class or otherwise.

(20) An acknowledgment or receipt in writing of money payable under this Act Receipt sufficient

shall not be invalid merely on the ground that any person was under the age of discharge.

twenty-one years a t the time of his signing or giving the same.

THIRD SCHFCDULE. Section 12.

Description of Disease. Description of Procese.

l

Anthrax	.....................	Handling of wool, hair, bristles, hides and	-.
skins.

Lead poisoning or its sequelce .. .. Any process involving the use of lead or its

preparations or compounds.

Mercury poisoning or its sequel@ Any process involving the use of mercury or

itspreparations or compounds.

Phosphorus poisoning or its Any process involving the use of phos-

sepuelcz phorus or its preparations or compounds.

Arsenic poisoning or its sequel@ .. Any process involving the use of arsenic or

its preparations or compounds.

Ankylostomiasis .............. Mining.

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Adelaide : By authority, R. E. E. R o a ~ a s, Government Printer, North Terrsce.