Workmen's Compensation Regulations 1913 (Amendment)

Legislation au C1926L00046 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1926. No. 46.

 

REGULATION 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 following Regulations under the Commonwealth Workmen’s Compensation Act 1912, to come into operation forthwith.

 

Dated this sixteenth day of April, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

W. G. GIBSON,

for Treasurer.

 

Amendment of Workmen’s Compensation Regulations 1913.

(Statutory Rule 1913, No. 336, as amended by Statutory Rule 1915, No. 92, and 1916, No. 124.)

After regulation 10 of the Commonwealth Workmen’s Compensation Regulations, the following regulations are added:—

References to Medical Referee.

“11. The Medical Referee shall, on receipt of a reference under the provisions of paragraph (12) or paragraph (14) of the first schedule to the Act send a notice to both parties concerned in accordance with Form A or Form B in the schedule, as the case may be. In fixing the time and place for the examination the medical referee shall pay due regard to the condition or alleged condition of the workman.

12. The medical referee shall personally examine the workman, and shall consider any statements made or submitted by either party.

13. The certificate given by the medical referee shall be in accordance with Form C in the schedule, and shall be forwarded to the prescribed authority as soon as possible after the examination.

14. On receipt of the certificate of the medical referee the prescribed authority shall furnish both parties with a copy thereof.

15. The medical referee may, with the approval of the prescribed authority, secure the services of another duly qualified medical practitioner to assist him in the examination.

16. Where a workman has given notice of an accident or is in receipt of weekly payments under the Act, he shall not be required to submit himself, against his will, for examination by a medical practitioner provided by the Commonwealth except at reasonable hours.

17. A workman in receipt of weekly payments shall not be required, after a period of one month has elapsed from the date on which the first payment of compensation was made, to submit himself, against his will, for examination by a medical practitioner provided by the Commonwealth except as follows:—Once a week during the second, and once a month during the third, fourth fifth and six months after the date of the first payment and thereafter once in every two months.


18. Strict compliance with the forms in the schedule shall not be required and substantial compliance shall suffice for the purposes of these Regulations.”

THE SCHEDULE.

——

Form A.

Commonwealth Workmen’s Compensation Act 1912.

Notice by Medical Referee of Intention to Examine Workman.

To

I hereby give you notice that in accordance with the reference made to me by the Prescribed Authority under paragraph 12 (or paragraph 14, as the case may be) of the First Schedule to the Act, in the case of [name and address of workman] I propose to examine the said                                          at                            on                                           the                                          day of                                          19              , at                                          o’clock in the                                           noon.

Any statements made or submitted by you will be considered.

Dated the day of , 19 .

(Signed)

Medical Referee.

 

 

Form B.

Commonwealth Workmen’s Compensation Act 1912.

Notice by Medical Referee of Intention to Examine Workman.

To

I hereby give you notice that in accordance with the reference made to me in your case by the Prescribed Authority under paragraph 12 (or paragraph 14, as the case may be) of the First Schedule to the Act, I propose to examine you at                            on the                            day of                                          , 19              , at                                          o’clock in the                                                        noon.

And you are required to submit yourself for examination accordingly.

Any statements made or submitted by you will be considered.

Dated the day of 19

(Signed)

Medical Referee.


Form C.

Commonwealth Workmen’s Compensation Act 1912.

Certificate of Medical Referee with Reference to Matter Referred to Him under Paragraph 13 of the First Schedule to the Act.

I     of    a Medical Referee appointed under the Commonwealth Workmen’s Compensation Act 1912 do hereby certify as follows regarding                                          of                                                        whose case was referred to me by the Prescribed Authority under the Act:—

I have on the   day    of examined the said

He is § and his condition is such

that he is *

The incapacity of the said is †

(Signed)

Medical Referee.

§Describe state of health.

*State whether workman 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 is due to the accident.

 

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

Overview

The Commonwealth Workmen’s Compensation Act 1912 was enacted by the Commonwealth Parliament to provide a scheme for compensation to workers who suffer injury or disease arising out of or in the course of their employment. The Act aimed to ensure that injured workers received adequate compensation and medical treatment without the need to prove fault on the part of the employer. The problem or gap this legislation addressed was the inadequate provision of compensation and support for workers injured in the workplace, which often left them and their families in financial hardship. The Commonwealth Workmen’s Compensation Regulations 1926, introduced under the authority of the Act, further detail the procedures for the administration of compensation, including the role of medical referees in assessing the condition of injured workers and determining the extent of their incapacity.

Scope and Application

The Commonwealth Workmen’s Compensation Regulations 1926 applies to employers and employees within the Commonwealth of Australia, governing the procedures for workmen's compensation claims. This regulation applies to all industries and workers covered under the Commonwealth Workmen’s Compensation Act 1912, ensuring a standardised approach to handling compensation claims. The regulation outlines the roles and responsibilities of the Medical Referee, detailing the process from receiving a referral to conducting the examination and issuing a certificate. The Medical Referee must notify the parties involved and conduct the examination considering the worker's condition, with provisions to assist the referee by employing another qualified practitioner. It specifies the frequency of examinations for workers receiving compensation, ensuring that examinations are conducted at reasonable times and with due regard to the worker’s circumstances. The regulation also provides flexibility in adhering to the prescribed forms, allowing for substantial compliance rather than strict adherence.

Key Provisions

The operative sections of this legislation detail the process that Medical Referees must follow when they are involved in workmen’s compensation claims. Regulation 11 requires the Medical Referee to notify both parties of their intention to examine the workman, with forms A and B provided for this purpose (regs. 11 and 12). The Medical Referee must then personally examine the workman, taking into account any statements made by either party (reg. 12). Once the examination is completed, a certificate must be issued in accordance with Form C in the schedule (reg. 13). This certificate is then to be sent to the prescribed authority, who will furnish both parties with a copy (reg. 14). The Medical Referee may also seek assistance from another qualified practitioner, with the approval of the prescribed authority (reg. 15). Regulations 16 and 17 specify the conditions under which a workman may be required to submit to an examination by a medical practitioner provided by the Commonwealth. Regulation 18 allows for substantial compliance with the forms in the schedule. The obligations imposed by this legislation primarily concern the Medical Referee and the prescribed authority. The Medical Referee must notify the parties of the examination and consider any statements they make (regs. 11 and 12). They must also personally examine the workman, issue a certificate in the prescribed form, and send a copy to the prescribed authority (regs. 12 and 13). The prescribed authority must then furnish both parties with a copy of the certificate (reg. 14). There are also obligations regarding the conditions under which a workman may be required to submit to an examination by a Commonwealth-provided medical practitioner (regs. 16 and 17). While the legislation does not specify offences, penalties, or civil or criminal consequences for breach, it is reasonable to infer that failure to comply with these regulations could potentially lead to legal consequences. For example, if the Medical Referee fails to notify the parties or examine the workman as required, this could be seen as non-compliance with their duties. Similarly, if the prescribed authority fails to provide both parties with a copy of the certificate, this could also be viewed as a breach of their obligations. The exact consequences of such breaches would depend on the specific circumstances and any relevant laws or regulations.

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