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

Overview

The Provisional Regulation under the Commonwealth Workmen’s Compensation Act 1912, enacted in 1916, was designed to address the need for a prompt and efficient mechanism to resolve disputes concerning compensation payments to the dependents of workers who died as a result of work-related injuries. The regulation was introduced by the Governor-General on behalf of the Federal Executive Council, recognising the urgency of establishing such a process. The policy objective of these regulations is to ensure that questions regarding the total amount of compensation payable, the identification of dependents, and the specific compensation for each dependent are determined fairly and swiftly by a County Court, thereby providing a clear and accessible pathway for resolution under the Act.

Scope and Application

The Provisional Regulation under the Commonwealth Workmen’s Compensation Act 1912 applies to situations where the Commonwealth acknowledges its liability to compensate the dependents of a workman who has died as a result of an injury. Specifically, it pertains to determining the total compensation payable, identifying the dependents, and establishing the compensation amount for each dependent. This regulation extends to questions that arise in such contexts, facilitating their resolution through a County Court. The regulation mandates that the Crown Solicitor for the Commonwealth or an authorised agent can initiate the motion, which must be served to all relevant parties, including the adult claimants, with appropriate notice. The court has the discretion to determine these questions justly, with specific provisions on the admissibility of evidence and the exclusion of certain legal costs from the court order. The regulation’s application is confined to the Commonwealth’s jurisdiction, as outlined in the Commonwealth Workmen’s Compensation Act 1912, and it operates nationally within Australia.

Key Provisions

The Statutory Rules 1916 No. 34, made under the Commonwealth Workmen’s Compensation Act 1912, introduces a Provisional Regulation to amend the Workmen’s Compensation Regulations 1913. The primary operative section of this regulation, Regulation 10, pertains to the settlement of questions relating to compensation. Specifically, section 10(1) allows for the determination of three types of questions by a County Court: the total amount of compensation payable by the Commonwealth, the identification of dependants, and the amount of compensation payable to any dependant, when the Commonwealth admits liability for compensation due to a workman’s death resulting from injury (section 10(1)(a), (b), and (c)). The obligations imposed by the regulation include procedures for initiating and managing these compensation-related motions. Section 10(2) mandates that the motion be made by the Crown Solicitor for the Commonwealth or an agent acting on their behalf. Section 10(3) stipulates that a copy of the notice of motion must be filed in the Court and served on each adult claimant or their solicitor, or in the manner directed by the Court or a Judge. Additionally, section 10(4) requires service of the notice of motion to be completed not less than two days before the hearing unless otherwise directed by the Court. Section 10(5) mandates the filing of all intended affidavits in the Court and their service on the Crown Solicitor and all relevant persons before the hearing. Furthermore, section 10(6) permits oral evidence by leave of the Court, and section 10(7) grants the Court the authority to determine any submitted question in a manner it deems just, subject to the overarching Act. Lastly, section 10(8) specifies that any order for costs shall not include any costs incurred for the employment of a solicitor, counsel, legal practitioner, or agent. The regulation does not explicitly outline specific offences, penalties, or consequences for breach, but non-compliance with the outlined procedures for filing notices, serving documents, or other procedural requirements could potentially result in the dismissal of the motion or other judicial consequences as determined by the Court. The overarching Act, the Commonwealth Workmen’s Compensation Act 1912, would govern any further civil or criminal consequences that might arise from non-compliance with its provisions.