The Secretary to the Treasury has forwarded a letter received by him from the Governor of the Commonwealth Bank asking for advice as to whether the provisions of the Workers' Compensation Act 1914 of the State of Victoria apply to the employees of the Commonwealth Bank of Australia.

Section 4 of the Act in question is as follows:
4.

1. This Act shall apply to workers employed by or under the Crown or any Government Department in all cases where this Act would apply if the employer were a private person.
2. All proceedings for or in respect of claims under this Act against the Crown or any Government Department shall be taken in accordance with the provisions of this Act as if the claim were against a private person.

Provided that Rules of Court may be made providing for any matter or thing necess-ary or convenient to be provided for with respect to claims against the Crown or any Government Department or any matter arising out of any such claim.

3. Notwithstanding anything in this Act any sum payable under this Act in respect of any claim against or premiums payable by the Crown or any Government Department may with the authority of the responsible Minister of the Crown administering the De-partment concerned be paid out of any moneys available for the purpose, or out of any ac-cident or insurance fund or fund in the nature of an accident or insurance fund established pursuant to any Act of Parliament and available for the purpose or out of moneys specially appropriated by Parliament for the purpose.

In my opinion the words 'the Crown' in this section should be construed as meaning the Crown qua the State of Victoria. Similarly the words 'any Government De-partment' must be read as relating solely to a Government Department of the State of Victoria.

Therefore the Act does not in my opinion apply to employees of the Commonwealth Bank.

I am further of opinion that if construed to extend to the Commonwealth and the Commonwealth Departments the Act would be to that extent ultra vires the Parlia-ment of Victoria.

[Vol. 12, p. 231]