Workmen’s Compensation (Amendment) Act (No 2) 1987 (ACT)

The Workmen's Compensation (Amendment) Ordinance (No. 2) 1987 (ACT) was challenged in court, with the central issue being the validity of the ordinance in light of the Australian Capital Territory's legislative powers. The case arose as a result of amendments made to the Workmen's Compensation Ordinance 1951, which introduced new requirements for employers to provide detailed wage information to inspectors and insurers. These amendments mandated the use of registered auditors for certifying wage totals and required statutory declarations detailing wage categories and amounts.

The legal issues that the court had to decide included whether the Australian Capital Territory had the legislative authority to enact the amendments, and whether the new requirements imposed by the ordinance were consistent with the Territory's legislative powers. The court also needed to determine if the new provisions were procedurally sound and whether they imposed an undue burden on employers without adequate justification.

The court found that the Australian Capital Territory did have the legislative authority to enact the amendments, as they were within the scope of the powers granted to the Territory under the Seat of Government (Administration) Act 1910. The court held that the new requirements, while burdensome, were reasonable and necessary to ensure accurate wage information for the purpose of calculating insurance premiums and enforcing workmen's compensation laws. The use of registered auditors was deemed appropriate to maintain the integrity of the wage data, and the statutory declarations were considered necessary to provide detailed wage information.

The court concluded that the Workmen's Compensation (Amendment) Ordinance (No. 2) 1987 (ACT) was valid and enforceable. The amendments were consistent with the Territory's legislative powers and did not exceed the limits of its authority. The court's decision upheld the provisions of the ordinance, affirming that the requirements for employers to provide detailed wage information were both necessary and justified.