S.I. No. 73/1943 - Workmen's Compensation Act, 1934 (Confirmation of Provisional Arrangement With The Union of South Africa) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 73.

WORKMEN'S COMPENSATION ACT, 1934 (CONFIRMATION OF PROVISIONAL ARRANGEMENT WITH THE UNION OF SOUTH AFRICA) ORDER, 1943.

WHEREAS it is enacted by section 71 of the Workmen's Compensation Act, 1934 (No. 9 of 1934), as adapted in consequence of the enactment of the Constitution, that, where under any law from time to time in force in any other State compensation is payable in respect of injuries to workmen, it shall be lawful for the Government to enter into a provisional arrangement with the Government of such other State whereby sums awarded in such other State under such law to persons resident or becoming resident in Ireland may be transferred to and administered by the judge of the Circuit Court appointed by rules of court and sums awarded in Ireland as compensation under that Act to persons resident or becoming resident in such other State may be transferred to and administered by a competent authority in such other State, and that, whenever any such provisional arrangement is entered into, it shall be lawful for the Government by order to give statutory effect to such provisional arrangement :

AND WHEREAS under the law now in force in the Union of South Africa compensation is payable in respect of injuries to workmen :

AND WHEREAS the Government and the Government of the Union of South Africa have, by the letters of which copies are set out in the Schedule hereto, entered into such provisional arrangement as is authorised by the said section 71 of the Workmen's Compensation Act, 1934 :

NOW, the Government, in exercise of the powers conferred on them by section 71 of the Workmen's Compensation Act, 1934 (No. 9 of 1934), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, do hereby order as follows :—

1. This Order may be cited as the Workmen's Compensation Act, 1934 (Confirmation of Provisional Arrangement with the Union of South Africa) Order, 1943.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. Statutory effect is hereby given to the provisional arrangement between the Government and the Government of the Union of South Africa effected by the letters whereof copies are set forth in the Schedule hereto.

SCHEDULE.

I.

DEPARTMENT OF EXTERNAL AFFAIRS, IRELAND.

236/161

16th March, 1942.

Despatch No. 1.

Sir,

I have the honour to refer to correspondence which has taken place on the subject of mutually facilitating the transfer of workmen's compensation moneys between our respective countries, and to state that it is provided in Section 71 of the Workmen's Compensation Act, 1934 , the enactment which comprises the law in Ireland relating to the payment of compensation to workmen for injuries suffered in the course of their employment, that the Government of Ireland may enter into a provisional arrangement with the Government of any other State in which legislation is in force for the payment of compensation in respect of injuries to workmen, whereby sums awarded as workmen's compensation in either State may be transferred to and administered by a competent authority in the other State. The Section further provides that the Government of Ireland may, by Order, give statutory effect to such a provisional arrangement made with the Government of another State.

2. In accordance with Section 71 of the Workmen's Compensation Act, 1934 , the Government of Ireland are prepared to enter into a provisional reciprocal arrangement with the Government of the Union of South Africa in the following terms :—

(i)the Circuit Court in Ireland may make an Order for the transfer of workmen's compensation money to the Union of South Africa in any case in which a beneficiary is believed to be resident or about to reside in the Union of South Africa, to be administered for the benefit of the beneficiary in such manner as the Workmen's Compensation Commissioner in the Union of South Africa may think fit, and may in the Order make any request regarding the administration of the money.

(ii)The Workmen's Compensation Commissioner in the Union of South Africa will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, consistently with that object, take into account and act upon any request made by the Irish Circuit Court regarding the administration of the money.

(iii) Where an Order is made as provided in sub-paragraph (i) above, the proper officer of the Court making the Order will send in an envelope addressed to the Workmen's Compensation Commissioner, Department of Labour, Union Buildings, Pretoria, a sealed or otherwise authenticated copy of the Order and a crossed cheque, made payable to the Secretary for Labour, Union Buildings, Pretoria, for the amount to be transferred.

(iv) The Workmen's Compensation Commissioner in the Union of South Africa may make an Order for the transfer of workmen's compensation money to Ireland in any case in which a beneficiary is believed to be resident or about to reside in Ireland, to be administered for the benefit of the beneficiary in such manner as the Circuit Court in Ireland may think fit, and may in the Order make any request regarding the administration of the money.

(v) The Circuit Court in Ireland will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, consistently with that object, take into account and act upon any request made by the Workmen's Compensation Commissioner in the Union of South Africa regarding the administration of the money.

(vi) Where an Order is made as provided in sub-paragraph (iv) above, the Workmen's Compensation Commissioner will send in an envelope addressed to the Secretary, Department of Justice, Upper Merrion Street, Dublin, a sealed or otherwise authenticated copy of the Order and a crossed cheque, made payable to the Accountant, Department of Justice, Dublin, for the amount to be transferred.

(vii) The authority by whom the money is administered, whether in the Union of South Africa or in Ireland, will not charge any fees in respect of the administration of the money.

(viii) The scope of the arrangement will be limited to the transfer of money where it represents compensation paid in the form of a lump sum in accordance with the provisions of the Workmen's Compensation Acts of the contracting parties and will exclude cases where compensation is paid in the form of weekly payments.

3. If the Government of the Union of South Africa are agreeable to the conclusion of an arrangement in the foregoing terms, I have the honour to suggest that the present Note and your reply in similar terms be regarded as constituting a provisional arrangement within the meaning of Section 71, sub-Section (1) of the Workmen's Compensation Act, 1934 . Statutory effect would be given to the provisional arrangement, so far as Ireland is concerned, by an Order to be made by the Irish Government as provided in Section 71, sub-Section (2) of the said enactment.

I have the honour to be, Sir

Your most obedient, humble servant,

(Signed) EAMON DE VALERA,

Minister for External Affairs.

The Right Honourable

The Prime Minister and

Minister for External Affairs,

Pretoria

SOUTH AFRICA.

II.

UNION OF SOUTH AFRICA.

Department of External Affairs.

Pretoria

4 November, 1942.

Sir,

I have the honour to acknowledge the receipt of your Note No. 236/161 of 16th March, 1942 which reads as follows:—

" I have the honour to refer correspondence which has taken place on the subject of mutually facilitating the transfer of workmen's compensation moneys between our respective countries, and to state that it is provided in Section 71 of the Workmen's Compensation Act, 1934 , the enactment which comprises the law in Ireland relating to the payment of compensation to workmen for injuries suffered in the course of their employment, that the Government of Ireland may enter into a provisional arrangement with the Government of any other State in which legislation is in force for the payment of compensation in respect of injuries to workmen,whereby sums awarded as workmen's compensation in either state may be transferred to and administered by a competent authority in the other State. The Section further provides that the Government of Ireland may, by Order, give statutory effect to such a provisional arrangement made with the Government of another State.

2. In accordance with Section 71 of the Workmen's Compensation Act, 1934 , the Government of Ireland are prepared to enter into a provisional reciprocal arrangement with the Government of the Union of South Africa in the following terms :—

(i) The Circuit Court in Ireland may make an Order for the transfer of workmen's compensation money to the Union of South Africa in any case in which a beneficiary is believed to be resident or about to reside in the Union of South Africa, to be administered for the benefit of the beneficiary in such manner as the Workmen's Compensation Commissioner in the Union of South Africa may think fit, and may in the Order make any request regarding the administration of the money.

(ii) The Workmen's Compensation Commissioner in the Union of South Africa will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, consistently with that object, take into account and act upon any request made by the Irish Circuit Court regarding the administration of the money.

(iii) Where an Order is made as provided in sub-paragraph (i) above, the proper officer of the Court making the Order will send in an envelope addressed to the Workmen's Compensation Commissioner, Department of Labour, Union Buildings, Pretoria, a sealed or otherwise authenticated copy of the Order and a crossed cheque, made payable to the Secretary for Labour, Union Buildings, Pretoria, for the amount to be transferred.

(iv) The Workmen's Compensation Commissioner in the Union of South Africa may make an Order for the transfer of workmen's compensation money to Ireland in any case in which a beneficiary is believed to' be resident or about to reside in Ireland, to be administered for the benefit of the beneficiary in such manner as the Circuit Court in Ireland may think fit, and may in the Order make any request regarding the administration of the money.

(v) The Circuit Court in Ireland will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, consistently with that object, take into account and act upon any request made by the Workmen's Compensation Commissioner in the Union of South Africa regarding the administration of the money.

(vi) Where an Order is made as provided in subparagraph (iv) above, the Workmen's Compensation Commissioner will send in an envelope addressed to the Secretary, Department of Justice, Upper Merrion Street, Dublin, a sealed or otherwise authenticated copy of the Order and a crossed cheque, made payable to the Accountant, Department of Justice, Dublin, for the amount to be transferred.

(vii)The authority by whom the money is administered, whether in the Union of South Africa of in Ireland, will not charge any fees in respect of the administration of the money.

(viii) The scope of the arrangement will be limited to the transfer of money where it represents compensation paid in the form of a lump sum in accordance with the provisions of the Workmen's Compensation Acts of the contracting parties, and will exclude cases where compensation is paid in the form of weekly payments.

3. If the Government of the Union of South Africa are agreeable to the conclusion of an arrangement in the foregoing terms, I have the honour to suggest that the present Note and your reply in similar terms be regarded as constituting a provisional arrangement within the meaning of Section 71, sub-Section (1), of the Workmen's Compensation Act, 1934 . Statutory effect would be given to the provisional arrangement, so far as Ireland is concerned, by an Order to be made by the Irish Government as provided in Section 71, sub-Section (2), of the said enactment."

I now have the honour to inform you that the Government of the Union of South Africa are agreeable that an arrangement in the foregoing terms be made, and that your Note, and this confirmatory reply, be regarded as constituting a provisional arrangement in the matter between our two Governments. This arrangement as far as the Union of South Africa is concerned, will have statutory effect as from the 1st January, 1943.

I have the honour to be, Sir,

Your obedient servant,

(Signed) JAN H. HOFMEYR,

Acting Minister of External Affairs.

The Minister for External Affairs,

Dublin, ÉIRE.

GIVEN under the Official Seal of the Government, this 2nd day of March, 1943.

(Signed) ÉMON DE VALÉRA,

Taoiseach.