WORKERS' COMPENSATION: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER EMPLOYEES OF CENTRAL WOOL COMMITTEE ARE COVERED BY COMMONWEALTH LEGISLATION: WHETHER COMMITTEE IS AN AUTHORITY UNDER COMMONWEALTH: APPOINTMENT OF COMMITTEE BY PRIME MINISTER PURSUANT TO WAR PRECAUTIONS LEGISLATION
COMMONWEALTH WORKMEN'S COMPENSATION ACT 1912, s. 3: WORKMEN'S COMPENSATION ACT 1916 (N.S.W.): WORKERS' COMPENSATION ACT 1915 (VIC): WAR PRECAUTIONS (WOOL) REGULATIONS 1916, regs 2, 3 (2), 5. 6, 14
The Secretary to the Central Wool Committee has forwarded the following memorandum for advice:
The question has arisen as to whether the employees of the Central Wool Committee and the Victorian State Wool Committee are subject to the Workers' Compensation Act 1915, or are covered by the Commonwealth Government provisions for insurance of Commonwealth public servants.
The New South Wales Workmen's Compensation Act 1916 comes into operation in New South Wales on 1 July next, and I shall be glad to have your ruling on the general question at your earliest convenience.
The position of the Central Wool Committee and the State Committees appears to be as follows:
The Australian wool clip has been purchased by the Imperial Government, and the Commonwealth is acting as the agent of the Imperial Government in connection with this purchase.
For the purpose of dealing with the appraisement, handling and shipment of the wool, the Central Wool Committee and the State Committees have been constituted by regulations under the War Precautions Act.
These Committees are appointed by the Prime Minister, and hold office during the pleasure of the Prime Minister. The Central Committee is subject to the directions of the Prime Minister, and the State Committees are subject to the directions of the Central Committee.
In addition the Prime Minister has the power of appointing the wool-selling brokers and the wool appraisers used in connection with the scheme.
From these powers it is clear, I think, that the Central Wool Committee and the State Wool Committees have been constituted as authorities by the Commonwealth to carry out the scheme for the purchase of the wool clip by the Imperial Government, and, by virtue of the Government control of these Committees, they are, in my opinion, authorities under the Commonwealth within the meaning of section 3 of the Commonwealth Workmen's Compensation Act 1912.
As these Committees are authorities within the meaning of that Act, their employees are covered by the Commonwealth Act and the Committees are not subject to State legislation dealing with compensation to workmen.
[Vol. 15, p. 259]