Workmen's Compensation Regulations 1913 (Provisional)

Legislation au C1913L00039 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1913. No. 39.

 

PROVISIONAL 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 certify that, on account of urgency, the following Regulations under the Commonwealth Workmen’s Compensation Act 1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fifth day of February, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

ANDREW FISHER, Treasurer.

 

Workmen’s Compensation Regulations.

Short Title.

1. These Regulations may be cited as the “Workmen’s Compensation Regulations 1913.”

Interpretation.

2. In these Regulations, unless the contrary intention appears, “the Act” means the Commonwealth Workmen’s Compensation Act 1912.

Fee to Medical Referee.

3. The fee payable to a medical referee shall be as follows:—

For a first examination—£2.

For a subsequent examination—£1.

Prescribed Authority.

4. Wherever in the First Schedule or the Second Schedule to the Act a prescribed authority is referred to, that authority shall be the Secretary to the Treasury.

Moneys Received by Prescribed Authority.

5. All moneys received by a prescribed authority in pursuance of paragraph (5) or paragraph (6) of the First Schedule to the Act shall be dealt with as the Secretary to the Treasury directs.

Appeal to High Court or Supreme Court from Decision of County Court.

6. (1) An appeal under paragraph (2.) of the Second Schedule to the Act may be instituted by notice of appeal in accordance with this Regulation.

 

 

 

C.1632.—Price 3d.

(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.

7. 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 (2.) of the Second Schedule to the Act so far as the Rules are applicable.

Particulars of Accidents and Compensation.

8. (1.) The permanent head or chief officer of each Department shall furnish to the Secretary to the Treasury, not later than the 31st day of July and the 31st day of January in each year, a return setting forth the particulars required by paragraphs (a) and (b) of section 10 of the Act for the six months ending on the 30th day of June and the 31st day of December respectively in each year.

(2.) In addition to the returns required by Sub-regulation (1.) of this Regulation, the permanent head or chief officer of each Department shall furnish to the Secretary to the Treasury, not later than the 31st day of July and the 31st day of January in each year, a separate return in respect of each workman to whom the Act applies injured during the six months ending on the 30th day of June and the 31st day of December respectively in each year, setting forth the following particulars:—

Name of Department.

Name of person injured.

Date of accident.

Place of accident.

Nature of employment.

Nature of injury.

Whether injury resulted in death.

Where injury does not result in death period of incapacitation.

Amount of compensation paid.

Name and address of person to whom paid.

Where injury results in death, relationship of person to whom compensation paid to person injured.

 

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

Overview

The Workmen’s Compensation Regulations 1913 were enacted to provide provisional regulatory guidance under the Commonwealth Workmen’s Compensation Act 1912. These regulations were introduced to address the need for detailed administrative procedures to ensure the smooth implementation of the Act, which aimed to provide compensation for workers injured on the job. Enacted by the Governor-General in Council under the authority of the Commonwealth of Australia, the regulations outline specific procedures for medical examinations, fee structures for medical referees, and the process for reporting and appealing compensation decisions. The overarching policy objective was to establish a structured framework for compensating workers in federal employment, ensuring that injured employees received timely and appropriate support.

Scope and Application

The Workmen’s Compensation Regulations 1913 provide detailed implementation provisions for the Commonwealth Workmen’s Compensation Act 1912. They apply to all Commonwealth employees, including those working in federal government departments, agencies, and statutory bodies. The Regulations are geographically applicable throughout the Commonwealth of Australia and are enforced by the Secretary to the Treasury, who is designated as the prescribed authority responsible for various administrative tasks. The Regulations set out the fees for medical referees, procedures for appealing decisions of County Courts to higher courts, and the requirements for reporting accidents and compensation to the Secretary to the Treasury. These Regulations do not explicitly state any exclusions, exemptions, or thresholds, implying a broad application to all relevant Commonwealth employees. The scope of the Act may be extended or modified through subordinate instruments, as evidenced by the detailed rules governing the administrative processes and financial aspects of workers' compensation claims.

Key Provisions

The Workmen’s Compensation Regulations 1913, under the Commonwealth Workmen’s Compensation Act 1912, introduce several key provisions that govern the compensation process for work-related injuries. Section 3 of the Regulations sets the fees payable to medical referees for examinations, with a fee of £2 for the first examination and £1 for subsequent examinations. Section 4 identifies the Secretary to the Treasury as the prescribed authority in relation to matters specified in the First Schedule or Second Schedule of the Act. Section 5 outlines the handling of moneys received by the prescribed authority, directing that these funds shall be dealt with as per the Secretary to the Treasury’s instructions. These Regulations impose specific obligations on parties and entities governed by the Act. Section 8 requires the permanent head or chief officer of each Department to furnish detailed returns to the Secretary to the Treasury. These returns, due by the 31st day of July and the 31st day of January each year, must include particulars of accidents and compensation as mandated by the Act. The returns must detail the names of injured workers, the date and place of the accidents, the nature of the injuries and employment, the period of incapacitation if the injury did not result in death, the amount and recipient of compensation, and the relationship of the compensation recipient to the deceased if the injury resulted in death. Failure to comply with the obligations set out in the Workmen’s Compensation Regulations 1913 may result in various consequences. Although the Regulations themselves do not explicitly detail specific penalties or offences for non-compliance, breaches of the requirements under the overarching Act could lead to civil or criminal consequences. For instance, under the Commonwealth Workmen’s Compensation Act 1912, failure to provide proper compensation could result in legal action against the employer. However, it is important to note that the maximum penalties or specific consequences for non-compliance with these Regulations are not explicitly stated within the Regulations themselves.

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Employee Benefits & Compensation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.