Workmen's Compensation Regulations 1913 (Amendment) (Cth)

STATUTORY RULES

1916, No. 124.

 

REGULATIONS UNDER THE COMMONWEALTH WORKMEN’S COMPENSATION ACT 1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned Regulation under the Commonwealth Workmen's Compensation Act 1912 to come into operation forthwith. Such Regulation shall supersede the Provisional Regulation (Statutory Rules 1916, No. 34) under the said Act made on the twenty-third day of March, One thousand nine hundred and sixteen.

Dated this twenty-first day of June, One thousand nine hundred and sixteen.

R. M. FERGUSON,

 Governor-General.

By His Excellency’s Command,

 W. G. HIGGS,

 Treasurer

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Amendment of Workmen’s Compensation Regulations 1913.

(Statutory Rules 1913 No. 336 as amended by Statutory Rules 1915 No. 92.)

1. After Regulation 9 of the Workmen’s Compensation Regulations the following Regulation is added:—

“Settlement of Questions relating to Compensation.

“10. (1) Where the Commonwealth admits that it is liable to pay compensation under the Act to the dependants of a workman where death results from the injury, and any question arises as to—

(a) the total amount of compensation payable by the Commonwealth,

(b) the persons who are dependants, or

(c) the amount of compensation payable to any dependant,

the question may be determined by a County Court upon motion in the manner prescribed by this Regulation.

(2) The motion may be made upon notice by the Crown Solicitor for the Commonwealth, or by an agent for the Crown Solicitor purporting to act on his behalf.

(3) A copy of the notice of motion shall be filed in the Court in which the motion is to be heard and a copy shall also be served upon each adult claimant for compensation or his solicitor, or in such other manner and upon such other persons (if any) as the Court or a Judge thereof directs.

(4) Service of the notice of motion shall, unless the Court or a Judge thereof otherwise directs, be effected not less than two days before the date fixed by the notice for the hearing of the motion.

C.6718.—Price 3d.

 

(5) All affidavits intended to be used on the hearing of the motion shall be filed in the Court and copies thereof shall, before the hearing of the motion, be served upon the Crown Solicitor and upon all persons served or directed to be served with notice of the motion.

(6) Oral evidence may, by leave of the Court, be adduced on the hearing of the motion.

(7) Subject to the Act, the Court shall, by order, determine any question submitted to it in such manner as it thinks just.

(8) An order for costs shall not include any costs to any party in respect of the employment of any solicitor, counsel, legal practitioner or agent.”

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