WORKMEN’S COMPENSATION POWER OF COMMONWEALTH PARLIAMENT TO PASS COMPREHENSIVE LEGISLATION IN REGARD TO WORKMEN’S COMPENSATION
COMMONWEALTH WORKMEN’S COMPENSATION ACT 1912
The Secretary to the Treasury has forwarded the following Memorandum for advice:
In connection with the consideration of legislation necessary for the establishment of a scheme for National Insurance and legislation to amend the Commonwealth Workmen’s Compensation Act, the question of legislation on general lines for Workmen’s Compensation has arisen.
I am directed to request, therefore, whether it is competent for the Commonwealth to legislate for Workmen’s Compensation to cover, not only employees of the Commonwealth, but employees of State Governments and private employees. If the Commonwealth has this power, what effect will such legislation have on the State laws for Workmen’s Compensation?
I know of no provision of the Constitution under which the Commonwealth Parliament could pass legislation on general lines in respect of Workmen’s Compensation.
[Vol. 22, p. 962]