WORKERS COMPENSATION
WORKERS COMPENSATION LAW APPLICABLE TO STAFF OF GOVERNOR-GENERAL: LIABILITY OF GOVERNOR-GENERAL ACTING IN HIS PERSONAL CAPACITY: WHETHER COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930 APPLIES TO MEMBERS OF GOVERNOR-GENERAL’S STAFF ENGAGED AND PAID BY COMMONWEALTH: WHETHER WORKMEN’S COMPENSATION ORDINANCE 1946 (ACT) APPLIES TO PERSONS ENGAGED AND PAID BY GOVERNOR-GENERAL IN HIS PERSONAL CAPACITY: GOVERNOR-GENERAL’S LIABILITY TO SUIT: MEANING OF ‘EMPLOYEE’: MEANING OF ‘WORKMAN’: DISTINCTION BETWEEN EMPLOYMENT CONTRACT OF SERVICE AND CONTRACT FOR SERVICE
COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930: WORKMEN’S COMPENSATION ORDINANCE 1946 (ACT)
I refer to your memorandum No. 467/47/756, dated 24th June.
(2) The facts disclosed in your memorandum are as set forth hereunder.
(3) In the main, members of the Governor-General’s personal staff are engaged and their wages are paid by the Commonwealth. Three members of the personal staff are, however, engaged by the Governor-General, and he pays their wages.
WAR PENSIONS
ELIGIBILITY FOR GRANT AND PAYMENT OF PENSION UNDER AUSTRALIAN SOLDIERS REPATRIATION ACT 1920: ELIGIBILITY OF PERSONS WHO SERVED IN MILITARY FORCES OF BRITISH DOMINIONS OTHER THAN AUSTRALIA: CIRCUMSTANCES IN WHICH A PERSON MAY BE REGARDED AS HAVING BEEN ‘RESIDENT’ IN AUSTRALIA WITHIN THE 12 MONTHS PRIOR TO BEING CALLED UP, ENLISTED OR APPOINTED: CIRCUMSTANCES IN WHICH A PERSON MAY BE REGARDED AS BONA FIDE RESIDENT IN AUSTRALIA TO QUALIFY FOR PAYMENT OF PENSION: MEANING OF ‘BONA FIDE RESIDENT IN AUSTRALIA’: MEANING OF ‘RESIDE’: MEANING OF ‘RESIDENCE’: MEANING OF ‘DOMICIL’: MEANING OF ‘PROHIBITED IMMIGRANT’
AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920 ss 102, 107: IMMIGRATION ACT 1912 s 3(h): WAR PENSIONS ACT 1914 s 15: ADMINISTRATION ACT 1903 (WA) s 86
The Chairman of the Repatriation Commission has forwarded the following memorandum for advice:
A condition of eligibility for a grant of pension under section 102 is that the claimant was resident in Australia or any Territory of the Commonwealth within the period of twelve months prior to his enlistment. The same condition applies in respect of section I07—members of the Women’s Services.
CANBERRA UNIVERSITY COLLEGE
POWER OF COUNCIL CANBERRA UNIVERSITY COLLEGE TO EXPEND COLLEGE FUNDS IN CONNECTION WITH OFFICIAL VISITORS
CANBERRA UNIVERSITY COLLEGE REGULATIONS reg 1B: CANBERRA UNIVERSITY COLLEGE ORDINANCE 1929 (ACT) s 4
I refer to your letter, dated 5th August, 1947, in regard to the power of the Council of the Canberra University College to meet from College funds expenses in connexion with official visitors to the College.
SHIPPING
MARITIME INDUSTRY COMMISSION: PROVISION TO MEMBERS OF MARITIME INDUSTRY COMMISSION OF OPINION RELATING TO COMMISSION’S POWERS: AMENDMENT OF EARLIER OPINION
I refer to your memorandum dated 19th August, 1947, asking whether this Department has any objection to a copy of the opinion in question being handed to each member of the Commission, as distinct from its being read to the Commission.1
NATIONALISATION
PROPOSAL TO NATIONALISE COAL MINING AND TRANSPORT INDUSTRIES: RESOLUTION OF FEDERAL EXECUTIVE OF AUSTRALIAN LABOR PARTY RELATING TO NATIONALISATION OF COAL MINES AND TRANSPORT: COMMONWEALTH POWER WITH RESPECT TO COAL MINING AND OVERSEAS AND INTERSTATE TRANSPORT: SCOPE OF DEFENCE POWER: JOINT COAL BOARD
CONSTITUTION s 51 (i), (vi)
I refer to your letter requesting the Attorney-General’s comments on the following resolution of the Federal Executive of the Australian Labor Party:
Nationalisation of Industry.
Item 33. S.A. Executive—That Convention request the Federal Government to nationalize the coal mines and transport, including shipping and airways.
Messrs. Bardolph and O’Flaherty moved—That item 33 be submitted to the Prime Minister for his report as to its practicability.
ROYAL COMMISSION
COMMONWEALTH PUBLIC SERVICE: PUBLIC SERVANT FOUND BY ROYAL COMMISSION TO HAVE ENGAGED IN MISCONDUCT: WHETHER ACTION AGAINST PUBLIC SERVANT UNDER COMMONWEALTH PUBLIC SERVICE ACT SHOULD BE TAKEN: WHETHER EX GRATIA PAYMENT FOR COSTS INCURRED BY PERSON APPEARING BEFORE ROYAL COMMISSION MAY BE MADE
COMMONWEALTH PUBLIC SERVICE ACT 1922 ss 25, 55: PUBLIC SERVICE REGULATIONS reg 119
I refer to your memorandum (5045) dated 3rd October.
AUSTRALIAN BROADCASTING COMMISSION: DEFAMATION
LIABILITY OF AUSTRALIAN BROADCASTING COMMISSION IN RESPECT OF BROADCASTING OF DEFAMATORY STATEMENTS: POSITION OF AUSTRALIAN BROADCASTING COMMISSION IN RESPECT DEFAMATORY STATEMENTS COMPARED TO THAT OF NEWSPAPER PUBLISHERS: ACTIONS FOR LIBEL OR SLANDER: ABSOLUTE AND QUALIFIED PRIVILEGE CONSIDERED IN RELATION TO AUSTRALIAN BROADCASTING COMMISSION’S NEWS SERVICES: MEANING OF ‘PUBLISHING IN GOOD FAITH FOR THE INFORMATION OF THE PUBLIC’
DEFAMATION ACT 1912 (NSW) ss 12, 29
With reference to your letter (87103) dated 31st October, 1947, requesting my advice (inter alia) as ‘to what extent, if at all, the Commission’s position as broadcaster is equivalent to that of the newspapers’, I am of the opinion that the Commission’s position in regard to the publication by way of broadcasting of defamatory statements is different from that of the publisher of a newspaper.
ROYAL AUSTRALIAN AIR FORCE
GRANT OF LEAVE WITHOUT PAY TO OFFICER OF ROYAL AUSTRALIAN AIR FORCE: TERMINATION OF APPOINTMENT OF OFFICER OF ROYAL AUSTRALIAN AIR FORCE: APPOINTMENT DURING THE PLEASURE OF THE GOVERNOR-GENERAL
AIR FORCE ACT 1923 ss 15, 137(1): RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 Pt VI: AIR FORCE REGULATIONS Pt V, regs 26, 72, 552A(7)
The Secretary, Department of Air, has forwarded the following memorandum for advice:
The abovenamed ex-officer of the R.A.A.F. who held the position of Internal Auditor in the R.A.A.F. Area Finance Office, Adelaide, has appealed against the withholding of R.A.A.F. pay and allowances in respect of the period from 16–29th January, 1946.
DEFENCE FORCE: SALARY FOR SUPERANNUATION PURPOSES
WHETHER CERTAIN ALLOWANCES PAYABLE UNDER FINANCIAL (MILITARY) REGULATIONS CONSTITUTE ‘SALARY’ FOR PURPOSES OF SUPERANNUATION ACT 1922: MEANING OF ‘SALARY’: MEANING OF ‘EXCHANGE ALLOWANCE’: MEANING OF ‘MARRIAGE ALLOWANCE’: MEANING OF ‘PROVISION ALLOWANCE’: MEANING OF ‘SEPARATION ALLOWANCE’: MEANING OF ‘LIVING OUT ALLOWANCE’: MEANING OF ‘ALLOWANCE IN LIEU OF RATIONS OR QUARTERS OR TENTAGE’: MEANING OF ‘CLOTHING MAINTENANCE ALLOWANCE’
SUPERANNUATION ACT 1922 s 4: FINANCIAL (MILITARY) REGULATIONS regs 11, 12, 13, 14, 15, 16, 18, 37
I refer to your memorandum No. G/5872 of the 10th September, 1947, requesting advice as to whether certain allowances payable under the Financial (Military) Regulations should be regarded as ‘salary’ for the purposes of the Superannuation Act 1922–1947. Section 4 of that Act defines ‘salary’ as follows:
TELECOMMUNICATIONS PAPUA NEW GUINEA
WHETHER OVERSEAS TELECOMMUNICATIONS COMMISSION HAS POWER TO CONDUCT COMMUNICATIONS BY RADIOTELEGRAPH BETWEEN PAPUA AND NEW GUINEA: WHETHER PAPUA AND NEW GUINEA ARE TERRITORIES ‘UNDER THE AUTHORITY OF THE COMMONWEALTH’ AND ‘TERRITORIES OF THE COMMONWEALTH’: WHETHER PAPUA AND NEW GUINEA ARE SEPARATE TERRITORIES: MEANING OF ‘AUSTRALIA’ IN OVERSEAS TELECOMMUNICATIONS ACT 1946
ACTS INTERPRETATION ACT 1901 s 17(p): OVERSEAS TELECOMMUNICATIONS ACT 1946 ss 5, 34: PAPUA-NEW GUINEA PROVISIONAL ADMINISTRATION ACT 1945
I refer to your minute of 19th March, 1947, raising the question of the power of the above Commission to conduct communications by radio-telegraph between Papua and New Guinea.
Section 34 of the Overseas Telecommunications Act 1946 gives the Commission wide powers in connexion with the operation in ‘Australia’ of radio-telegraph services between ‘any Territories under the authority of the Commonwealth (not being part of the Commonwealth)’.