STATUTORY RULES.

1918. No. 198.

REGULATIONS UNDER SEAMEN’S COMPENSATION ACT 1911.

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 Seamen’s Compensation Act 1911, to come into operation forthwith.

Dated this twenty-fifth day of July, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

J. A. JENSEN,

Minister of State for Trade and Customs.

Amendment of Seamen’s Compensation Regulations 1918.

(Statutory Rules 1918, No. 163.)

1. The Seamen’s Compensation Regulations are amended by inserting therein, after regulation 7, the following regulation:—

Application by prescribed authority for arbitration.

“7a. (1) Where any sum has prior to the twenty-sixth day of June, 1918, been paid by an employer to the prescribed authority as the compensation payable to the dependants of a deceased seaman, all questions arising under the Act in respect of such compensation may be determined by arbitration before a Judge under this regulation.

“(2) The application for arbitration shall be made and signed by the prescribed authority and shall be filed with the Registrar.

“(3) The application shall be intituled in the matter of the Act and in the matter of the arbitration and shall state concisely the questions to be determined.

“(4) Particulars shall be appended or annexed to the application containing:—

(a) a concise statement of the circumstances under which the application is made;

(b) the names and addresses of the employer and of all persons who appear to the prescribed authority to be dependants of the seaman;

(c) the amount paid to the prescribed authority as compensation;

(d) the amounts (if any) paid by the prescribed authority as advances in payment or part payment of compensation to or for the benefit of persons appearing to be dependants of the seaman; and

(e) any other matters deemed by the prescribed authority relevant to the application.

“(5) After the application has been filed with the Registrar, the Judge may on the request of the prescribed authority:—

(a) direct upon whom, in what manner and at what times notice and copies of the application and particulars shall be served;

(b) appoint the place of hearing and the day and hour for proceeding with the arbitration; and

(c) give directions as to any other matter relative to the application.

“(6) The day for proceeding shall be so fixed as to allow for documents being served at least twenty clear days before the day fixed.

“(7) The notice of the application shall be signed by the Registrar and shall state—

(a) the place at which and the day on and hour at which the arbitration will be proceeded with;

(b) that if the person to whom the notice is addressed does not attend in person or by his solicitor such order will be made and proceedings taken as the Judge thinks just and expedient; and

(c) any other matter directed by the Judge to be stated therein.

“(8) The Judge shall in his award have regard to all amounts paid by the prescribed authority as advances in payment or part payment of compensation to or for the benefit of dependants of the seaman and shall direct against whose share and in what proportion such amounts shall be debited.

“(9) No order for costs shall be made against the prescribed authority in any proceeding under this regulation.

“(10) Subject to this regulation the provisions of Part II. of these Regulations shall apply as far as applicable to proceedings under this regulation.”

2. Regulation 13 of the Seamen’s Compensation Regulations is amended by adding at the end thereof the words “and a copy for the prescribed authority.”

3. Regulation 16 of the Seamen’s Compensation Regulations is amended by inserting, in sub-regulation (1) thereof, after the word “respondents” (first occurring) the words “and on the prescribed authority”.

4. Regulation 17 of the Seamen’s Compensation Regulations is amended by inserting, in sub-regulation (1) thereof, after the word “respondents” the words “and on the prescribed authority”.

5. Regulation 38 of the Seamen’s Compensation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) The prescribed authority may appear and be heard in any arbitration by solicitor, counsel or any other person”

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