Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1945 (9 Geo Vi No. 33) (Qld)

MINING. 9Goo. VI. N\). 33, 1945. Coal (tnd Oil Shale Mine Workers, Etc., A.ct. ---------- --- - - - - - - - ~ - - ~ - - - MEMBERS OF THE FORCES-DISCHARGED. See BANKING; GIFT DUTY; LANDS. MINE WORKERS' PENSIONS. See MINING. :309 MINING. An Act to Amend "The Coal and Oil Shale Mine 9 N G o EO .3 . S V . I. Workers (Pensions) Acts, 1941 to 1943," T . U u B rn C O 9A IL . ~ in certain particulars. SHA.LB MINE WORKBRS (PENSIONS) ACTS [ASSENTED TO 6TH DECEMBER, 1945.] AXBNDJIlINT ACT OF 1946 -B- ~ ~ it enacted by the King's Most Excellent Majesty, - by and with the· advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Coal and Oil Short title Shale Mine Worket's (Pensions) Acts Amendment Act of:::struction. 1945," and shall be read as one with *" The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1943," herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The Coal and Oil Shale Mine Workers title. (Pensions) Acts, 1941 to 1945." Amendments of the Principal Act. 2. Subsection one of section two of the Principal Amendment Act is amended by adding the following further proviso of B. 2 (1). to paragraph (g) thereof:- "Provided further that as from the commencement of t" The Coal and Oil Bhale Mine Workers (Pensions) Acts Amendment Act of 1945" the term "mine worker" * 5 G. 6 No. 24 and amending Act, 1941 Sess. v., p. 195. tThlsAct.

310 MINING. Coal and Oil Shale Jline W orke1·s, Etc., Act. 9 GEO. VI. No. 33, shall not include any person who becomes employed in the coal or oil shale mining industries subsequent to such commence- ment, and at the time of becoming so employed is of the age of fifty years or over, unless such person has at such time actually worked in or about a coal or oil shale mine in Queensland for a period of three years or more subsequent to the commencement of Part H. of the Principal Act." Amendment 3. Section eight of the Principal Act is amended by vis. 8. deleting paragraph (a) of subsection one of the said section and inserting the following paragraph (a) in lieu thereof, namely :- "(a) An amount of one pound per week in respect of his wife if and so .long as she is, in the opinion of the Tribunal, totally or mainly maintained by such mine worker." Amendment 4. Section nine of the Principal Act is amended as Qf s. 9. follows : - (a) By adding to subsection one the following words :-" provided that the Tribunal is satisfied that at the date of the death of such firstmentioned person or such mine worker such widow or female or person referred to in any of the abovementioned paragraphs or subsections as the case may be was totally or mainly maintained by such firstmentioned person or such mine worker." (b) By deleting the subparagraph commencing with the words "The period shall" and ending with the words "as the case may be" in paragraph (a) of subsection three and by inserting the following subparagraph in lieu thereof:- " If such amount were accepted or lump sum were received before the commencement of *" The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1945" (in this subsection called" the Amendment Act ") the period shall be-- (i.) The period during which the sums which would have been paid to the mine '" This Act.

1945. MIN1~ G. Coal and Oil 8hnle M·ine lVorkel's, PJtc., Act. worker by way of pension at the appropriate rate (including any additional amounts in respect of dependants) if a pension had been awarded and paid to him as from the date upon which compensation became payable would in the aggregate have been equal to the amount payable in accordance with the said Acts or the amount of the lump sum as the case may be ; or, if the period as calculated in accordance with subparagraph (i.) would extend beyond the date of the commencement of the Amendmcit Act; (ii.) The period during which- The sums which would have been paid to the mine worker by way of pension at the appropriate rate (including any additional amounts in respect of dependants) if a pension had been awarded and paid to him as from the date upon which compensation became payable to the date of commencement of the Amendment Act; and The amounts of weekly payments such mine worker would have received after the commencement of the Amendment Act if he had been totally incapacitated but had not died and if an application for compensation by him had been allowed under *" The Workers' Compen- sation Acts, 1916 to 1944," and compensation paid to him by weekly payments; would in the aggregate have been equal to the amount payable in aecordance with the lastmentioned Acts or the amount of the lump sum as the case may be; If such amount were accepted or lump sum were received after the commencement of the Amendment Act ,. 6 G. 5 No. 35 and amending Acts, v. 4, p. 834 et seq. :.111

:n2 ::\IINI:-;:G. Goal and Oil Share Mine Workers, Etc., Act. 9 GEO. VI. No. 8:3, the period shall be the period during which the amount of weekly payments such mine worker would have received if h~ had been totally incapacitated but had not died and if an application for compensation by him had been allowed under *" The Workers' Compensation Acts, 1916 to 1944," and compensation paid to him by weekly payments would in the aggregate have been equal to the amount payable in accordance with those Acts or the amount of the lump sum, as the case may be ; " (c) By deleting the subparagraph commencing with the words "The period shall" and ending with the words "amount of compensation" in paragraph (b) of subsection three and by inserting the following :-;ubparagraph in lieu thereof:- "If such compensation were paid before th@ commencement of t" The Coal and Oil Shale .1.7J1ine Workers (Pen.sions) Acts Amendment Act of 1945" (in this subsection called "the Amendment Act") the period shall be- (i.) The period during which the sums which would have been paid to all dependants by way of pension if pensions had been awarded and paid to the dependants would in the aggregate have been equal to the amount of compensation; or, if the period as calculated in accordance with subparagraph (i.) would extend beyond the date of the cnmmencement of the Amendment Act, (ii.) The period during which- The sums which would have been paid to all dependants by way of pension to the date of commencement of the Amendment Act if pensions had been awarded and paid to the dependants; and * 6 G. fi No. 35 and amending Acts,_ v. 4, p. 834 et Beq. t This Act.

1945. MINING. Coal OInd Oil Shale Mine Workers, Etc., Act. The amounts of weekly payments such mine worker would have received after the commencement of the Amendment Act if he had been totally incapacitated but had not died and if an application for compensation by him had been allowed under *"The Worker8' Compen- 8ation Act8, 1916 to 1944," and compensation paid to him by weekly payments; would in the aggregate have been equal to the amount of compensation; If such compensation were paid after the commencement of the Amendment Act the period shall be the period during which the amount of weekly payments such mine worker would have received if he had been totally incapacitated but had not died and if an application for compensation by him had been allowed under *" The Workers' Compen8ation Acts, 1916 to 1944," and compensation paid to him by weekly payments would in the aggregate have been equal to the amount of compensation;" (d) The following subsection, numbered four, is added to the said section :- "(4.) Where the death by injury as defined by this Act of any person or mine worker, which death occurs after the commencement of t" The Coal and Oil Shale Mine Worker8 (Pen8ion8) Act8 Amendment Act of 1945," is caused by a wrongful act, neglect, or default and any sum is recovered or received- (a) By any dependant of such person or mine worker; or (b) For the benefit of the estate of such person or mine worker; by way of damages or compensation for or in respect of such wrongful act, neglect, or default each dependant * 6 G. 5 No. 35 and amending Acts, v. 4, p. 834 et seq. t This Act: 313

314: MINING. Coal and Oil Shale .liine Workers, Etc., Act. 9 GEO. VI. No. 33, of such person or mine worker shall be disqualified from receiving a pension under this Act for the same time and to the same extent as if the aggregate of- (c) All sums so recovered or received by the dependants of such person or mine worker; and (d) All sums to which the dependants of such person or mine worker become beneficially entitled by reason of the recovery or receipt of any damages or compensation so recovered or received for the benefit of the estate of such person or mine worker; were compensation under *" The Workers' Compensation Acts, 1916 to 1944," paid in respect of the death of such person or mine worker and subsections two and three of this section shall apply accordingly." Amendment 5. Section eleven of the Principal Act is amended ofa. 11. as follows:- , (a) By deleting the subparagraph commencing with the words " The period shall " and ending with the words " as the case may be" in paragraph (b) of subsection two and by inserting the following subparagraph in lieu thereof:- " If such amount were accepted or lump sum were received before the commencement of t"The Coal and Oil Shale M ine Workers (Pensions) Acts Amendment Act of 1945" (in this subsection called" the Amendment. Act ") the period shall be- (i.) The period during which the sums which would have been paid to the mine worker as pension (including any additional amount in respect of dependants) if a pension had been awarded and paid to him as from the date upon which compensation became payable would in the aggregate have been equal to the amount payable in * 6 G. 5 No. 35 and amending Acts, v. 4, p. 834 et seq. t This Act.

MINING. 1945. Coal and Oil Shale Mine Workers, Etc., Act. accordancf\ with the said Acts or the amount of the lump sum as the case may be; or, if the period as calculated in accordance with subparagraph (i.) would extend beyond the date of the commencement of the Amendment Act, (ii.) The period during which- The sums which would have been paid to the mine worker as pension (including any additional amounts in respect of dependants) if a pension had been awarded and paid to him as from the date upon which compensation became payable to the date of commencement of the Amendment Act; and The amounts of weekly payments such mine worker would have received after the commencement of the Amendment Act if he had been totally incapacitated and if an application for compensation by him had been allowed under *" The Workers' Oompensation Acts, 1916 to 1944," and compensation paid to him by weekly payments, would in the aggregate have been equal to the amount payable in accordance with the lastmentioned Acts or the amount of the lump sum as the case may be ; If such amount is accepted or lump sum is received after the commencement of the Amendment Act the period shall be the period during which the amount of weekly payments such mine worker would have received if he had been totally incapacitated and if an application for compensation by him had been allowed under *" The Workers' Oompensation Acts, 1916 to 1944," and compensation paid to him by weekly payments would in the aggregate have been equal to the amount payable in accordance with those Acts or the amount of the lump sum as the case may be; " '" 6 G. 5 No. 35 and. amending Acts, v. 4, p. 834 et Beg. 315

316 MINING. Coal and Oil Shale Mine Workers, Etc., Act. 9 GEO. VI. No. 33, 1945. (b) The following subsection, numbered three, is added to the said section :- "(3.) Where an injury as defined by this Act to a mine worker, which injury occurs after the commencement of *" The Coal and Oil Bhale Mine Workers (Pensions) Acts Amendment Act of 1945," is caused by a wrongful act, neglect, or default, and any sum is recovered or received by the mine worker by way of damages or compensation for or in respect of such wrongful act, neglect, or default, the mine worker shall be disqualified from receiving a pension under this Act for the same time and to the same extent as if such sum were compensation under t" The Workers' Compen- sation Acts, 1916 to 1944," received by such mine worker as a lump sum in redemption of weekly payments, and subsections one and two of this section shall apply accordingly." * This Act. t 6 G. 5 No. 35 and amending Acts, v. 4, p. 834, et seq. MOTOR VEHICLES INSURANCE. See TRAFFIC. OFFICIALS IN PARLIAMENT. See CONSTITUTION. PENSIONS-COAL AND OIL SHALE MINE WORKERS See MINING.