SECOND SCHEDULE.

Proceedings for Compensation.

(1.) For the purpose of settling any matter which under this Act may be settled by arbitration, if any committee, representative of an employer and his seamen, exists with power to settle matters under this Act in the case of the employer and seamen, the matter may, unless either party objects by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of the committee, or be referred by it to arbitration as hereinafter provided.

(2.) If there is no such committee, or if either party objects to the settlement of the matter by the committee, or if the committee refers the matter to arbitration or fails to settle it within six months from the making of the claim, the matter may be settled by a single arbitrator agreed on by the parties, or, in the absence of agreement appointed, by a County Court.

(3.) The provisions of any Act or State Act relating to arbitration shall not apply to any arbitration under this Act; but a committee or an arbitrator may, if they or he think fit, submit any question of law for the decision of a County Court, and the decision of the County Court on any question of law, either on such submission, or in any case where a County Court settles the matter under this Act, or where it gives any decision or makes any order under this Act, shall be final, unless within the time and in accordance with the conditions prescribed by the regulations either party appeals to the High Court or to the Supreme Court of the State in which the County Court is situated.

(4.) Any arbitrator appointed by a County Court shall, for the purpose of proceedings under this Act, have the same powers of procuring the attendance of witnesses and the production of documents as if the proceedings before him were an action in the County Court.

(5.) In any arbitration under this Act, any party to the proceedings may appear personally or by any other person appointed to represent him.

(6.) The costs of and incidental to the arbitration and proceedings connected therewith shall, subject to the regulations, be in the discretion of the committee or arbitrator. The costs, whether before a committee or an arbitrator, shall not exceed the limit prescribed by the regulations.

(7.) In the case of the death or refusal or inability to act of an arbitrator, the County Court may, on the application of any party, appoint a new arbitrator.

(8.) Where the amount of compensation under this Act has been ascertained, or any weekly payment varied, or any other matter decided under this Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent, in manner prescribed by the regulations, by the committee or arbitrator, or by any party interested, to the prescribed authority, who shall, subject to the regulations, on being satisfied as to its genuineness, record the memorandum, and thereupon the memorandum shall for all purposes be enforceable as if it were a judgment of a County Court. Provided that

(a) no such memorandum shall be recorded before seven days after the despatch by the prescribed authority of notice to the parties interested;

(b) where a seaman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act, and the employer, in accordance with the regulations, objects to the recording of the memorandum, and proves that the seaman has in fact returned to work and is earning the same wages as he did before the accident, the memorandum shall only be recorded, if at all, on such terms as the prescribed authority, under the circumstances, thinks just; (c) a County Court may at any time make such order in relation to the recording of the memorandum, including the removal of such record, as it thinks just;

(d) where it appears to a prescribed authority, on any information which he considers sufficient, that an agreement as to the redemption of a weekly payment by a lump sum, or an agreement as to the amount of compensation payable to a person under any legal disability, or to dependants, ought not to be recorded by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence, or other improper means, he may refuse to record the memorandum of the agreement, and refer the matter to a County Court, which may, in accordance with the regulations, make such order (including an order as to any sum already paid under the agreement) as under the circumstances it thinks just;

(e) a County Court may, within six months after the recording of a memorandum of an agreement as to the redemption of a weekly payment by a lump sum or of an agreement as to the amount of compensation payable to a person under any legal disability or to dependants, order that the record be removed on proof to its satisfaction that the agreement was obtained by fraud or undue influence or other improper means, and may make such order (including an order as to any sum already paid under the agreement) as under the circumstances it thinks just.

(9.) An agreement as to the redemption of a weekly payment by a lump sum, if not recorded in accordance with this Act, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the weekly payment is payable from liability to continue to make that weekly payment, and an agreement as to the amount of compensation to be paid to a person under a legal disability or to dependants, if not so recorded, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the compensation is payable from liability to pay compensation, unless, in either case, he proves that the failure to register was not due to any neglect or default on his part.

(10.) Where any matter under this Act is to be done in a County Court, it may be done in any County Court, but if the Judge of the County Court in which the proceedings are taken, is satisfied that the matter can be more conveniently dealt with in some other County Court, he may order the transfer of the proceedings to that Court, and upon such transfer that Court shall have the like jurisdiction in relation to the proceedings as if they had been commenced in that Court.

(11.) Any sum awarded as compensation shall, unless paid to a prescribed authority, be paid on the receipt of the person to whom it is payable under any agreement or award, and the solicitor or agent of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings in an arbitration under this Act, or to claim a lien in respect of such costs on, or deduct such cost from, the sum awarded or agreed as compensation.

(12.) Any committee, arbitrator, or County Court may, subject to the regulations, submit to a medical referee for report any matter which seems material to any question arising in the proceedings.

(13.) The Minister may, by order, either unconditionally or subject to such conditions or modifications as he thinks fit, confer on any committee representative of an employer and his seamen, as respects any matter in which the committee acts as arbitrator, or which is settled by agreement submitted to and approved by the committee, all or any of the powers conferred by this Act on a County Court, and may by the order modify any of the provisions of this Schedule, and may provide for such incidental, consequential, or supplemental provisions as may appear to the Minister to be necessary or proper for the purposes of the order.

(14.) A Judge of a County Court may, in relation to any proceedings in the Court, exercise all the jurisdiction and powers of a County Court under this Schedule.

17. An Act to grant and apply out of the Consolidated Revenue Fund a sum for Invalid and Old Age Pensions (No. 22 of 1911). (Assented to 22nd December, 1911.)

II. STATES.

South Australia.

1. An Act to further amend the "Marine Board and Navigation Act, 1881," and for other purposes (No. 917) (Reserved, December 21st, 1906; Royal Assent proclaimed, 8th May, 1907.)

EXTRACT.

[The master of a ship to have the same rights, liens, and remedies for the recovery of his wages as a seaman.

No shipment or unshipment of goods on Sunday.]

2. Regulations under "The Factories Act, 1907.*" (30th September, 1908.)

3. An Act to regulate the use of passenger and other lifts (No. 949). (Assented to 11th November, 1908.)

4. Regulations under the "Lifts Regulation Act, 1908,"† (24th March, 1909.)

6.

Additional Regulations under "The Scaffolding Inspection Act, 1907 and 1908."** (29th September, 1909.)

An Act to consolidate and amend the laws constituting Public Holidays and Bank Holidays, and for other purposes (No. 1010). (Assented to 30th November, 1910.)

7. An Act giving the Government power to make advances to persons of limited means to provide homes for themselves and for other purposes (No. 1018). (Assented to 7th December, 1910.)

8.

An Act to further amend the Act No. 22 of 1852 entitled " An Act to Regulate Friendly Societies," "The Manchester Unity of Oddfellows Act, 1874," and "The Friendly Societies Act, 1886," and for other purposes (No. 1021). (Assented to 7th December, 1900.)

9. Regulations under "The Scaffolding Inspection Act, 1907." (16th February, 1911.)

*Text E.B. IV., p. 230.
† See above, No. 3.

Title E.B. III., p. 178.
**Title E.B. V., p. 258.
tt Title E.B. III., p. 178.

Vol. VII., Nos. 8, 9, 10.

Bulletin

OF THE

1912

INTERNATIONAL LABOUR OFFICE

[NOTE.—The German, French, and English_editions of the Bulletin are referred to as G.B., F.B., and E.B., respectively.]

I.

National Labour Legislation

1. LAWS AND ORDERS

I.

Austria

Erlass des k.k. Ministeriums der öffentlichen Arbeiten, im Einvernehmen mit dem k.k. Ministerium des Innern betr. die in bautechnischer, sanitärer und sittenpolizeilicher Hinsicht an Kleinwohnungen zustellenden Anforderungen. Z. 213/58 III. Vom 21. Juli 1911. (Soziale Rundschau 1912, II., 25.)

Decree of the Ministry of Public Works, in agreement with the Ministry of the Interior, relating to the requirements to be imposed as regards small dwellings, from an architectural, sanitary and moral point of view. No. 213-58, III. (Dated 21st July, 1911.)

2. Kundmachung des Ministeriums für öffentliche Arbeiten im Einvernehmen mit dem Finanzministerium, mit welcher ein neues Statut des Staatlichen Wohnungsfürsorgefonds für Kleinwohnungen verlautbar wird. Vom 9 Februar 1912. (Reichsgesetzblatt XI., Stück, 1912, S. 137.) Notification of the Ministry for Public Works issued in agreement with the Ministry of Finance, by which new rules of the Government Fund for the provision of small dwellings are published. (Dated 9th February, 1912.) 3. Verordnung, betr. die Gewährung von kündbaren, verzinslichen Vorschüssen an gemeinnützige Bauvereinigungen gemäss dem Gesetze vom 28. Dezember 1911 (R.G.Bl. Ñr. 244) über die staatliche Förderung der Wohnungsfürsorge. Vom 9. Februar 1912. (Reichsgesetzblatt 1912, XI., Stück, S. 150.) Regulations relating to the granting of redeemable advances bearing interest to public benefit building societies, in accordance with the Act of 28th December, 1911* (R.G.Bl. No. 244), concerning State assistance in the provision of industrial dwellings. (Dated 9th February, 1912.)

* Title E.B. VII., p. 22, No. 6.

4. Verordnung, betr. die Gemeinnützigkeit der Bauvereinigungen und deren Ueberwachung nach dem Gesetze vom 28. Dezember 1911 (R.G.Bl. Nr. 242) und dem Gesetze vom 28. Dezember 1911 (R.G.Bl. Nr. 243). Vom 9. Februar 1912. (Reichsgesetzblatt 1912, XI. Stück, S. 151.)

Regulations relating to the common utility of building societies and the supervision of the same, in accordance with the Act of 28th December, 1911* (R.G.Bl. Nr. 242), and the Act of 28th December, 1911† (R.G.Bl. No. 243). (Dated 9th February, 1912.)

5. Verordnung, betr. die Durchführung der gebührenrechtlichen Bestimmungen des Gesetzes vom 28. Dezember 1911 (R.G.Bl. Nr. 243) über Steuer-und Gebührenbegünstigungen für gemeinnützige Bauvereingungen. (Vom 10. Februar 1912. Reichsgesetzblatt 1912, XI. Stück, S. 151.)

Regulations relating to the carrying out of the provisions regarding legal charges of the Act of 28th December, 1911, (R.G.Bl. No. 243), dealing with allowances on taxes and charges for public benefit building societies. (Dated 10th February, 1912.)

6. Gesetz, betr. die Unfallversicherung bei baugewerblichen Betrieben. Nr. 96. Vom 29. April 1912. (Reichsgesetzblatt 1912, XXXIX., Stück, S. 333.) Act relating to insurance against accidents in the building trades. (Dated 29th April, 1912.)

I. §1 (2) of the Act of 28th December, 1887 (R.G.Bl. No. 1) ex 1888, shall be worded as follows:

:

The same applies to workers, as well as employees, engaged in industrial establishments in which building work is carried on, or who are otherwise occupied in the work of construction of buildings or in carrying out work in buildings. In this connection, the insurance in the case of the trades of painters, glaziers, fitters, joiners, locksmiths and plumbers, shall extend only to work carried out on buildings in course of construction or on completed buildings proper, but in all other industries which have to do with the execu tion of building work it shall embrace the whole extent of the operations performed.

The provisions of the foregoing paragraph shall have no application to those workers who, without being occupied in industrial work of the kind specified, merely carry out certain repair work on buildings. In the construction of ground-floor dwellings or farm buildings on flat land, as also in the case of other farm buildings, there shall be no obligation to insure where only the proprietor, the members of his household, or other inhabitants of the same place, or of the neighbouring places, who do not carry on such construction work as a trade, are employed.

II. This Act shall come into force from the calendar half-year following the date of its publication.

III. My Minister of the Interior and My Minister of Justice, in agreement with My other Ministers concerned, are entrusted with the carrying out of this Act.

* Title E.B. VII., p. 22, No. 4.
† Title E.B. VII., p. 22, No. 4.