Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1973 (Qld)

609 ANNO VICESIMO SECUNDO E LI ZABETHAE S CUlY REGI N AE No. 69 of 1973 A n Act end the Coal and Oil Shale Mine Workers Act 1941® 1970 in certain particulars [ASSENTED TO 19Tti DECEMBER, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and ci - (1) This Act may be cited as the Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1973. (2) The Coal and Oil Shale Mine Workers (Pensions) Act 1941-1970 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Coal and Oil Shale Mine Workers (Pensions) Act 1941--1973. 2. Co _ (1) Subject to subsection (2), this Act shall come into operation on the day on which it is assented to by or on behalf of the Crown. (2) Section 5 shall be deemed to have come into operation on 4 October 1973 and to the extent necessary to give effect to this subsection this Act shall operate retrospectively accordingly.

610 Co <=l and Oil Shale, Etc. (Pensions) Act Anmdt Act 1973, No. 69 3. Amendment of s. 2. Meaning of terms. Section 2 of the Principal Act is amended- (a) by omitting paragraph (1) from the definition of the term " Mine worker ", and substituting the following paragraph:- (1) (Without derogating from the generality of the preceding provisions of this definition) any employee of an owner of a coal or oil shale mine employed in Queensland (irrespective of the place of employment) in any capacity whatsoever in connexion with the working of that mine but where the employment is of a part time, casual or transient nature or in a capacity only indirectly connected with the working of the mine if and only if- (i) contributions have been paid to the Fund by and in respect of the employee in accordance in all respects with the provisions of section 18 and the Tribunal has not, after full consideration of all circumstances of the case, determined that having regard to the objects and purposes of the Act the employee is not a mine worker; or (ii) the employee, in the opinion of the Tribunal after full consideration of the nature of the employment and the capacity in which he is employed in connexion with the mine and having regard to the objects and purposes of the Act is a mine worker within the meaning of this section;"; (b) by inserting in the definition " Injury " at the end thereof' the words " and that the reference to employment in the said definition is a reference to. employment as a mine worker and not otherwise "; and (c) by inserting at- the end thereof the following subsection:- " (5) A determination by the Tribunal for the purposes of subparagraph (i) of paragraph (I) of the definition " mine worker " shall take effect from the date specified by the Tribunal (which may be the date of the determination or any date prior thereto) and where the Tribunal so determines that a person is not a mine worker, the person shall be entitled to a refund of contribution made by him to the Fund in respect of any period during which he is not a mine worker as a result of such determination.". 4. Amendment of s. 7. Pensions, lump sum benefit payments, on permanent incapacity . Section 7 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:-- " (3) Where a mine worker fails to prove to the satisfaction of the Tribunal that he is entitled under the provisions of this section (other than this subsection) to a pension or a lump sum benefit as the case may be and the Tribunal is satisfied that the allowance of a pension or lump sum benefit payment would not be inconsistent with the objects and purposes of the section and that in the circumstances of the case it is just and equitable to allow a pension or lump sum benefit to the mine worker under this subsection the Tribunal may, as it considers appropriate in the circumstances of the case, allow a pension or lump sum benefit payment, as the case may be, in the amount to which the mine worker would have been entitled if he had been entitled to

Coal and Oil Shale, Etc. (Pensions) Act Anrdt Act 1973, No. 69 611 a pension or, as the case may be, lump sum benefit payment under the provisions of this section (other than this subsection) or in some lesser amount than that to which he would have been so entitled.". 5. Amendment of s. 10B . Rates of pension . Section 10n of the Principal Act is amended- (a) by omitting subsection (9) and substituting the following subsections:- " (9) When and so often as the rate of age pension payable under the Social Services Act1947-1973 of the Commonwealth (or any Act amending or substituted for that Act) is increased, the amounts specified in the second column of the Table to this section, save the amount set out in that column opposite and relative to the word " child ", shall be increased, or further increased as the case requires, by the addition thereto of a sum equal to- (a) in the case of a single pensioner or widower or widow, the increase in the maximum weekly rate of the said age pension payable to a single pensioner; (b) in the case of a married man or man and housekeeper the combined increase in the maximum weekly rates of the said age pension payable to a married pensioner and wife, and for the purposes of determining the first such increase the weekly rate of age pension as on the date on which this section is deemed to come into operation shall be in the case of a single pensioner twenty-three dollars, and in the case of a married pensioner and wife forty dollars fifty cents. (9A) Section 10n of the Coal and Oil Shale Mine Workers (Pensions) Act 1941-1970 shall. be deemed to have had application during the period commencing on 5 April 1973 and ending on 3 October 1973 as if the Table set out hereunder had been substituted for the Table referred to in that section and payments of pension entitlements shall be made or adjusted accordingly. TABLE First Column Second Column Third Colum Class of Pensioner I per week per week Single or Widower Married Man Man and Housekeeper Widow Child .. $28.50 $46.50 $46.50 $25.75 $2.50 $7.00 $9.00 $9.00 $4.25 11 :and

612 Coal and Oil Shale, Etc. (Pensions) Act Arnclt Act 1973, No. 69 (b) by omitting the table at the end thereof and substituting the following table:- " TABLE First Column Second Column Third Column Class of Pensioner per week per week Single or Widower Married Man Man and Housekeeper Widow Child .. $30.00 $49.50 $49.50 $27.25 $2.50 $7.00 $9.00 $9.00 $4.25. 6. Amendment of s. IOC. Rates of 1,:r. -p sum benefit payment. Section 10c of the Principal Act is amended- (a) by omitting from subsections ( 1), (2) and (3) (wherever occurring) the words " twenty-five dollars " and substituting the expression " $27 "; (b) by omitting subsection (4) and substituting the following subsection:- " (4) Where no lump sum benefit payment is payable under subsection ( 3) and there is a child or children of the deceased mine worker under the age of eighteen years, or other children or female member of his family in the opinion of the Tribunal being totally maintained by him immediately before his death , the legal personal representative of the deceased mine worker shall be entitled for and on behalf of such child, children or female member of his family to a lump sum benefit payment at the rate of twenty-seven dollars for each complete calendar month of the deceased mine worker 's employment as a mine worker in Queensland and where the entitlement under this subsection exists for and on behalf of more than one person the lump sum shall be applied by the legal personal representative for and on behalf of the persons entitled thereto in equal shares per capita."; (c) by inserting in paragraph (a) of subsection ( 5), at the end thereof the words " and whether or not she was in receipt of any earnings from employment "; (d) by omitting from paragraph (b) of subsection (5) the word `" sixteen " (where twice occurring) and substituting the word " eighteen "; (e) by omitting from the said paragraph the word " eighteen " and substituting the word " twenty-one "; (f) by omitting from subsection (7) the words " four thousand five hundred dollars " (where twice occurring) and substituting the expression $4 860 "; (g) by omitting subsection (8); and (h) by omitting subsection (12) and substituting the following Subsection:-- " (12) For the purposes of this section the term " employment " shall include any period of unemployment following the termination of his employment as a mine worker during which he continues to receive payment of workers compensation for an injury.".

Coal and Oil Shale, Etc. (Pensions) Act Arndt Act 1973, No. 69 613 7. New s. 11. The Principal Act is amended by inserting after section 10c the following section:- " 11. Lump sum benefit payment on termination of employment before retirement. (1) Where, before reaching the retirement age, a mine worker- (a) ceases to be employed as such by reason of the termination of his employment by his employer consequent upon the cessation of operations, or a reduction in the work force due to curtailment of operations, at the mine 'at which he was employed as a mine worker immediately before he ceased employment as such; or (b) ceases his employment as a mine worker and proves to the satisfaction of the Tribunal that it was necessary for him so to do by reason that he was incapacitated for work (not being incapacity due to wilful action on his part for the obtaining of benefit under this Act) to such a degree that he was unable to perform his duties as a mine worker and that such incapacity is continuing and is likely to continue until he reaches the age for retirement, and at the time of his ceasing to be employed or ceasing his employment as specified in paragraph (a) or (b), he would have been eligible for a lump sum benefit payment under section 6A if he had then retired from his employment as a mine worker by reason of his having attained the retirement age, the mine worker shall be entitled to a lump sum benefit payment as prescribed by this section. (2) The lump sum benefit payment to which a person is entitled under subsection (1) is the sum that is the prescribed percentage of the sum to which he would have been entitled under subsection (1) of section 10c if he had been a person entitled to such a payment under section 6A. (3) In the case of a person entitled to a lump sum benefit payment under subsection (1), the prescribed percentage is the percentage set out in column two of the Table to this section opposite and in relation to the figures, or figures and words, set out in column one of that Table, that are, or include, the age which that person had attained on the last birthday before he so ceased to be employed or so ceased his employment, as the case may be. (4) The Tribunal may require an applicant under this section on the grounds of incapacity for work to submit himself to a medical examination, satisfactory to the Tribunal, as to the degree of his incapacity. (5) Where a lump sum benefit payment is made under this section, the period or periods of employment as a mine worker in respect of which the payment is made shall be disregarded in the ascertainment of any further or other benefit under this Act to the person to whom such payment is made or any other person whose entitlement is derived through that first mentioned person. (6) Where the Tribunal has, pursuant to the provisions of subsection (5) of section 18 refunded to a person the amount of any contributions paid by him as a mine worker to the Tribunal

6 14 Coal and Oil Shale, Etc. (Pensions) Act Arndt Act 1973, No. 69 in respect of the Fund, the period or periods determined by the Tribunal pursuant to subsection (6) of section 18 shall not be taken into account for the purposes of the application of this section to him. TABLE Column One Age last birthday at date of ceasing to be employed or ceasing his employment Column Two Percentage 59 58 57 56 55 54 53 52 51 50 and under 95 90 85 80 75 70 65 60 55 50 8. New s. 12. The Principal Act is amended by inserting after section 11 as inserted by this Act the following section:- 12. Withd rawal payment. (1) Where a mine worker who- (a) ceases to be employed as such by reason of the termination of his employment by his employer consequent upon the cessation of operations, or a reduction in the work force due to the curtailment of operations, at the mine at which he was employed as a mine worker immediately before he ceased employment as such; or (b) ceases his employment as a mine worker and proves to the satisfaction of the Tribunal that it was necessary for him so to do by reason that he was incapacitated for work (not being incapacity due to wilful action on his part for the obtaining of benefit under this Act) to such a degree that he was unable to perform his duties as a mine worker and that such incapacity is continuing and is likely to continue until he reaches the age for retirement, has contributed to the Fund for a period of not less than four years subsequent to 18 April 1968 and for a period or periods aggregating not less than twenty years, he is entitled to a lump sum withdrawal payment as prescribed by this section. (2) The lump sum withdrawal payment to which a person is entitled under subsection (1) is the sum that is the prescribed percentage of the lump sum benefit payment to which he would have been entitled under subsection (l) of section 10c if he had been a person entitled to such a payment under section 6A.

Coal and Oil Shale, Etc. (Pensions) Act Anidt Act 1973, No. 69 615 (3) In the case of a person entitled to a lump sum withdrawal payment under subsection (I), the prescribed percentage is the percentage set out in column two of the Table to this section opposite and in relation to the figures, or figures and words, set out in column one of that Table that are or include, the age which that person had attained on the last birthday before he so ceased to be employed or so ceased his employment, as the case may be. (4) The Tribunal may require an applicant under this section on the grounds of incapacity for work to submit himself to a medical examination, satisfactory to the Tribunal, as to the degree of his incapacity. (5) Where a lump sum withdrawal payment is made under this section, the period or periods of employment as a mine worker in respect of which payment is made shall be disregarded in the ascertainment of any further or other benefit under this Act to the person to whom such payment is made or any other person whose entitlement is derived through that first mentioned person. (6) Where the Tribunal has, pursuant to the provisions of subsection (5) of section 18 refunded to a person the amount of any contributions paid by him as a mine worker to the Tribunal in respect of the Fund, the period or periods determined by the Tribunal pursuant to subsection (6) of section 18 shall not be taken into account for the purposes of the application of this section to him. TABLE Column One Age last birthday at date of ceasing to be employed or ceasing his employment Column Two Percentage 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 and under 75 71 67 63 59 55 51 47 43 39 36 33 30 27 24 21

616 Coal and Oil Shale , Etc. (Pensions ) Act Amdt Act 1973, No. 69 9. Amend m ent of s. 18. Contributions . Section 18 of the Principal Act is amended- (a) by inserting in paragraph (c) of subsection (4), at the end thereof, the words " or because of the suspension of operations at the mine in connexion with which he is employed by reason of an industrial dispute "; (b) by omitting from subsection (5) the words " the person concerned " and substituting the words " the mine worker or where he is dead, his legal personal representative "; (c) by omitting from paragraph (b) of subsection (5) the words " other than death "; (d) by inserting in paragraph (b) of subsection (5), after the words "said Act" the words "and through whom no other person derives an entitlement to a pension or lump sum benefit under this Act "; and (e) adding to subsection (6), at the end thereof, the words " and such period or periods of service shall be disregarded in the ascertainment of any further or other benefit under this Act to the person in question or any other person whose entitlement is derived through the first mentioned person ". 10. Amendment of s. 20 . Suspension of pension rights in certain events-alternative pensions to dependants . Section 20 of the Principal Act is amended- (a) by omitting subsection (2) and substituting the following subsection:- " (2) Where any mine worker who is eligible for or who has been awarded a pension pursuant to this Act becomes a patient within the meaning of The Mental Health Acts 1962 to 1964 and is confined to a special hospital within the meaning of those Acts, his pension rights under this Act shall be suspended while he continues to be such a patient and so confined, and any person who would, if the mine worker were dead, have been eligible for a pension under section 9 shall be eligible for a pension in accordance with that section during the period for which the mine worker continues to be a patient and so confined as if the mine worker were dead, and shall be entitled to retain the whole of the said pension for his own use and benefit absolutely the provisions of any other Act notwithstanding."; (b) by omitting subsection (4) and substituting the following subsection:- " (4) Where any person eligible for or in receipt of a pension pursuant to section 9 is sentenced to imprisonment for a period in excess of one month or becomes a patient within the meaning of The Mental Health Acts 1962 to 1964 and is confined to a special hospital within the meaning of those Acts the pension rights under this Act of that person shall be suspended during

Coal and Oil Shale, Etc. (Pensions) Act Arndt Act 1973, No. 69 617 that period of imprisonment or, as the case may be, during the period during which that person continues to be a patient and so confined.".