AGY-415 | Workers' Compensation Commission of New South Wales [I]

Full description

The Workers' Compensation Commission of New South Wales came into existence on 1 July 1926. (1) It was created under the Workers' Compensation Act, 1926 (Act No.15, 1926). The Commission was a body corporate, initially consisting of a Chairman and two other members appointed by the Governor (although this number later rose to twelve). (2) It had exclusive jurisdiction to examine and look into all matters arising under the Act. This included determining whether a worker's injury entitled him to compensation, the permanence of any disability and the existence and degree of inability to work due to injury. (3) The decisions of the Commission were regarded as final and could not be questioned by any court or Judiciary. (4)

An Information Bureau-Conciliation was set up by the Commission to provide employers and employees with information explaining their rights and liabilities concerning work-related injuries as stipulated under the Act. This section was required to conciliate between parties disputing a compensation claim. (5) The Commission was also responsible for the licensing of insurance companies who provided insurance for employers against their Workers' Compensation Liabilities. (6) There was a Medical Branch for the examination and evaluation of injuries suffered by workers. An examination could be requested either by the injured worker or the employer.(7)

The Workers' Compensation Commission was also interested in rehabilitation and had a section which dealt with the rehabilitation of workers and their return to the work force. The Workers' Compensation Commission of New South Wales was abolished on 3 December 1984 by the Workers' Compensation (Amendment) Act, 1984 (Act No.90, 1984) and cognate Acts. (8)

The functions of the Commission were divided between two new organisations that were created by the legislation — the Compensation Court of New South Wales and the State Compensation Board.

Endnotes
1. NSW Government Gazette, 31 May 1926, p.2315.
2. Workers Compensation Act, 1926, s.31.
3. ibid., s.36 parts 1-4.
4. ibid., s.37 part 1.
5. Workers Compensation Commission, Annual Report, 1926/27, Parliamentary Papers, Vol.2, p.549.
6. ibid., p.557.
7. ibid. p.564.
8. NSW Government Gazette, 30 November 1984, p.5801.