NEW LAWS DESCRIBED

Taranaki Daily News, Volume LI, Issue 250, 15 October 1908, Page 4

NEW LAWS DESCRIBED

UKVIfiW OF THE SESSION'S WOKK. FltESll LEUISIjATIOX SUIIiUIUSEI). Though tilv session was short, (he legj islative programme was by no mom s inconsiderable, its Uui following .summary of tlu' more important lioverumeni measures indicates.

;OXCII,IATIOX AM) AlililTliATlO.V. 'J'lii- now industrial Conciliation mid Arbitration, Act is a measure of over iixty clauses, mining into operation on lamiiiry Ist, 11)00. .It deals more especilily with conciliation, and aims at prolitlilly a method under which it is expected that when an industrial dispute occurs, the parties will he promptly brought together, and an opportunity afforded of voluntarily coming to an agreement. 11l place of the Conciliation Boards there will be Conciliation Councils, composed of a Commissioner, and assessors nominated-by both .parties to the dispute not exceeding three in num.ier. The Commisisoner is a permanent oilicial who does not exercise u vote in the p.'jwedings, While the Conciliation Council is being formed he may himself attempt to settle the dispute. If the parlies come to an agreement after the Council has taken evidence and in other ways fully threshed out the points in dispute, this becomes an industrial award. In case 01 failure, the dispute automatically goes to the Arbitration Court.

Congestion of business in the Arbitration Court should not occur in future, as prosecutions for breaches of awards will come before the Stipendiary Magistrate, unless there is a strike or a lockout, in which case the matters may be referred direct to the Arbitration Court. The latter tribunal acts as a Court of Appeal in relation to Magistrates' decisions, and it has a new power of revising any award in the flax industry, as the price of that product is subject to

big market fluctuations. New definitions of " strike " and "lock*out" are provided, and the penalties have been revised. Imprisonment as a penalty for striking is abolished, and the maximum lines are now as follows: — To an employer who takes part in a lock-out, £ooo. Any person who aids and abets, £2OO. Every worker who takes part in a strike, £lO. Every person other than a worker, including any industrial union oi other association aiding and abetting, £2OO.

The workers concerned in the transport industry, and the public supply of light, water, and electric power; mi'k and meat for domestic consumption; or coal for industrial or domestic purposes cannot strike "without giving fourteen days' notice. Otherwise they, or persons who aid or incite them, are liable to a fine not exceeding £25, while corporate bodies or associations or employers who are concerned in a strike or lock-out in these special industries, may be fined up to £2OO.

COMI'KXSATfOX FOR WORKERS. Consolidation of the law with respect to compensation to workers lor injuries suffered in the course of their employment is effected by the Workers' Compensation Act. Formerly there were three or four processes under which proceedings could be taken. Under the Act compensation is .payable for certain diseases arising out of employment; the Act applies only to accidents happening in Xew Zealand or on board New Zealand ships: a principal and contractor are both deemed employers; there j* to be. no abatement of compensation if a worker is insured. Proceedings must be taken in the Court of Arbitration. No action for the recovery of compensation shall be commenced except ■within six months after the date of Hie accident, or. in case of death, within six months thereof. Failure to commence an action within the time limited shall be no bar to an action if, in the opinion of the Court, the failure was occasioned by mistake, by absence from Xew Zealand, or by any reasonable cause. Medical or iuneral expenses may be recovered by action in the Magistrate's Court at the suit of the representative or dependant of an injured worker. When an agreement for compensation is made it is binding. Compensation claims are provable in cases of bankruptcy. Where the Governor in satisfied that, by the laws of any other .country within the Dominions of the Crown, compensation for accidents is payable to the relative of a deceased worker, although they are not resident in Xew Zealand, lie may by Order-in-Council declare. Unit the relatives resident in that country shall have the same rights and remedies under the Act as if resident in Xew Zealand. Nothing in the Act affects the provisions of the Superannuation Acts.

KDCCATIOX. The position of Stall 1 school teachers is immensely improved by the Kdncatii.n Amendment Act. Schools are carefully classified, ami the new grades are so arranged that big .improvements will he effected in stalling, no fewer than 720 extra teachers being required to bring existing stall's up to standard. This process will take several years to effect. Teachers' salaries are to be increased awl the.Y will be practically independent of the fluctuations in the average attendance, which, however, remains the basis for the grading system. The operation of the Act will in time eliminate uncertificated teachers and the improvement in salaries provided by the measure will raise the average from CUll 3s 7d to £IOO IBs 3d. The highest other average in. Australasia is jcia? Ss 8d in Xo\y South Wales. The power ot School Committees over appointments is somewhat widened. - LOCAL BODIES LOAN'S. The Local Bodies Loans Act provides I a State guarantee for the loans of local bodies for an aggregate amount not exceeding ■ ,1500.(1111) per annum, and creates a sinking fund administered by the Public Trustee, half of the annual sinking fund payment of 1 per cent, being paid by the Government as a subsidy. THE IMPERIAL NAVY. The agitation that the naval contribution of the Dominion to the linpegal authorities should be increased has assumed form in the Naval Subsidy Act. The annual contribution has been increased from £40,000 to ,-C 100,U(I0, and is to be paid for ten years. The subsidy is payable in half-yearly instalments.

CORONERS AMENDMENT. Inquests will be greatly facilitated without destroying any of their safeguards against crime by the Coroners Amendment Act. An inquest may be held by tile Coroner alone without, a jury, unless in any particular ease the Coroner thinks that a jury ought to lie summoned or the Attorney-General gives directions to that effect. It is rendered unnecessary that a Coroner or his jury shall view a dead body, interested persons may attend and examine witnesses, and witnesses' expenses may he paid. No power to allow any expenses except those of the jury and of medical witnesses formerly existed.

STATUTES REVISED AND U EDUCED. When the statutes Revision Committee concluded its labours, and the result of two years' labour was laid before P:ir!i;iliiont thi* session, everyone wlio lias to do with New Zealand statute law recognised the invaluable nature et the monumental-work. Instead of forty volumes tlu* .statute law of the Dominion may now be found, stripped ol all non-essentials. in live handy volumes, arranged in alphabetical order. Our native legislation is so involved and extensive that its consolidation "was left to another Commission to be appointed dining the recess. An Act was passed repealing all the statutes dealt with by the revising body, and enacting -en bloc the measures whieh had received theii' .capaible editorial attention.—N.JS, Times.