Workmen's Compensation Regulations 1913

Overview

The Commonwealth Workmen’s Compensation Act 1912 was enacted to establish a framework for compensating federal employees who were injured or became ill due to their work. This Act aimed to fill a gap in providing adequate support to federal workers who were previously excluded from state-based compensation schemes. The regulations, known as the Workmen’s Compensation Regulations 1913, were made under the authority of the Governor-General in accordance with the Act and were designed to provide further detail on the implementation of the compensation provisions. The policy objective of these regulations was to ensure that federal employees received timely and appropriate compensation for work-related injuries or illnesses, thereby promoting fairness and supporting the welfare of federal workers.

Scope and Application

The Workmen’s Compensation Regulations 1913, made under the Commonwealth Workmen’s Compensation Act 1912, establish detailed provisions to govern the administration and implementation of workmen’s compensation within the Commonwealth. These regulations apply to all Commonwealth employees who are injured while performing their duties, ensuring they receive appropriate compensation. The regulations mandate the permanent heads or chief officers of each department to submit detailed reports to the Secretary to the Treasury on a biannual basis, encompassing particulars of accidents and compensation payments. The Secretary to the Treasury is designated as the prescribed authority responsible for overseeing the receipt and management of compensation-related funds and proceedings. The regulations also detail the fees for medical referees and outline the process for appealing decisions made by County Courts to either the High Court or Supreme Court of the relevant state, subject to the applicable court rules. These regulations extend their jurisdiction across the Commonwealth, ensuring uniformity in the treatment of workmen’s compensation claims and appeals.

Key Provisions

The Workmen’s Compensation Regulations 1913 (section 1) lay down the rules for implementing the Commonwealth Workmen’s Compensation Act 1912. The Act is referred to as "the Act" within these Regulations (section 2). The fee for a first examination by a medical referee is set at £2, while a subsequent examination costs £1 (section 3). The Secretary to the Treasury is designated as the prescribed authority for specific matters outlined in the schedules of the Act (section 4), and any moneys received by this authority are to be managed as directed by the Secretary (section 5). Appeals from County Court decisions can be made to the High Court or Supreme Court, with a notice of appeal to be served on the opposing party and filed within twenty-one days of the decision (section 6). The notice must specify the grounds of appeal and the court to which it is directed. The relevant court’s rules will apply to these appeals, subject to these Regulations (sections 6 and 7). The permanent head or chief officer of each department is obligated to submit detailed returns to the Secretary to the Treasury by the 31st of July and January each year (section 8). These returns must include specifics on workmen's injuries and compensation for the preceding six months. The returns must detail the name of the department, the injured workman's name, the date and place of the accident, the nature of employment and injury, whether the injury resulted in death, the duration of incapacitation if it did not, the amount of compensation paid, and the name and address of the person to whom the compensation was paid. If the injury resulted in death, the relationship of the person to whom the compensation was paid to the injured workman must also be included (section 8). Failure to comply with the obligations imposed by the Regulations could lead to legal consequences, although specific penalties are not detailed within these provisions. However, given the nature of the obligations, non-compliance might result in administrative penalties, such as fines or other sanctions, as per the general powers available to enforce compliance with statutory requirements in Australia. The exact penalties would depend on the specific context and the discretion of the relevant authorities.