STATUTORY RULES.
1910. No. 70.
PROVISIONAL REGULATIONS UNDER THE SEAMEN’S COMPENSATION ACT 1909.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Seamen’s Compensation Act 1909 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 29th day of July, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
SEAMEN’S COMPENSATION REGULATIONS.
Short Title.
1. These Regulations may be cited as the Seamen’s Compensation Regulations 1910.
Interpretation.
2. In these Regulations, unless the contrary intention appears—
“the Act” means the Seamen’s Compensation Act 1909.
Fee to Medical Referee.
3. The fee payable to a medical referee shall be as follows:—
| £ | s. | d. |
For a first examination......................... | 2 | 0 | 0 |
For a subsequent examination.................... | 1 | 0 | 0 |
Prescribed Authority.
4. Wherever in the First Schedule or the Second Schedule to the Act a prescribed authority is referred to, that authority shall in each State be the Collector of Customs for the State.
Moneys Received by Prescribed Authorities.
5. All moneys received by a prescribed authority in pursuance of paragraph (6) or paragraph (7) of the First Schedule to the Act shall be dealt with by such authority in accordance with the directions of the Comptroller-General.
Fee on application for Reference to a Medical Referee.
6. The fee payable under paragraph 13 of the First Schedule to the Act shall be Two pounds.
C. 10622.—Price 3d.
Appeal to High Court or Supreme Court from Decision of County Court.
7. (1) An appeal under paragraph (3) of the Second Schedule to the Act may be instituted by notice of appeal in accordance with this Regulation.
(2) The party appealing shall, within twenty-one days after the decision or order appealed against is made, serve the notice of appeal on the opposite party, and shall file a copy of the notice of appeal in the County Court and in the Registry of the High Court in the State or the Supreme Court of the State, as the case requires.
(3) The notice of appeal must state the grounds of appeal, and must set out the Court to which the appeal is made.
(4) The Registrar or other proper officer of the County Court in which the notice of appeal is filed shall, forthwith after receiving it, send to the Registrar or other proper officer of the Court to which the appeal is made all such proceedings in the County Court as are necessary to the hearing of the appeal.
Application of Rules of High Court or Supreme Court.
8. The Rules of the High Court or the Rules of the Supreme Court, as the case requires, shall, subject to these Regulations, apply to appeals under paragraph (3) of the Second Schedule to the Act, so far as such Rules are applicable.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
The Seamen’s Compensation Regulations 1910 were introduced to provide a framework for the administration and enforcement of the Seamen’s Compensation Act 1909, which aimed to address the issue of providing compensation to seamen who were injured or became ill during the course of their employment. The Act was enacted by the Parliament of Australia to ensure that seamen were adequately compensated for work-related injuries or illnesses, thereby fulfilling a significant policy objective of protecting the rights and welfare of maritime workers. The Regulations were established by the Governor-General in Council under the authority granted by the Act, to come into immediate operation due to their urgent necessity.
Scope and Application
The Seamen's Compensation Regulations 1910, under the Seamen's Compensation Act 1909, apply to matters concerning the compensation of seamen for injuries sustained while working on ships within the jurisdiction of the Commonwealth of Australia. The regulations specify the fees payable for medical examinations conducted by medical referees and outline the process for appeals against decisions made by County Courts. The regulations also establish that the prescribed authority in each state is the Collector of Customs, who is responsible for handling moneys received in relation to seamen's compensation in accordance with the directions of the Comptroller-General. The fee structure for medical examinations and appeals is clearly defined within the regulations, with provisions for fees on initial and subsequent examinations and for appeals to the High Court or Supreme Court. These regulations extend the application of the Seamen's Compensation Act by detailing administrative processes and financial requirements, thereby facilitating the operation of the Act in a practical and legally binding manner.
Key Provisions
The Seamen’s Compensation Regulations 1910, under the Seamen’s Compensation Act 1909, establish several key provisions that govern the compensation process for seamen. Firstly, the Regulations outline the fees associated with medical examinations and references. According to Regulation 3, the fee for a first examination by a medical referee is £2, while a subsequent examination incurs a fee of £1. Regulation 6 specifies that the fee for an application for reference to a medical referee is £2. Additionally, the Regulations detail the authority responsible for handling moneys received in connection with compensation claims. Regulation 4 states that in each state, the Collector of Customs is the prescribed authority to handle such moneys, in accordance with the directions of the Comptroller-General (Regulation 5).
The Regulations also impose specific obligations on parties involved in the compensation process. For instance, Regulation 7 outlines the procedure for appealing a decision made by a County Court. It requires the party appealing to serve notice of the appeal on the opposite party and file a copy in both the County Court and the appropriate higher court within twenty-one days of the decision. The notice must detail the grounds of appeal and specify the court to which the appeal is being made. Regulation 8 further mandates that the Rules of the High Court or the Supreme Court apply to these appeals, subject to the provisions of these Regulations.
Finally, the Regulations do not explicitly state any offences, penalties, or consequences for breaches of the compensation process. However, given the structured and formal nature of the provisions, it is likely that failure to comply with these Regulations could lead to legal repercussions, potentially including the invalidation of claims or appeals. The precise consequences would depend on the specific context and interpretation by the relevant courts.