Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1950 (14 Geo Vi No. 4) (Qld)

188 MINING. Coal, Etc. (Pensions), Etc., Amendment Act. 14 GEO. VI. No. 4, 14 N GE o O . . 4. VI. An Act to Amend H The Coal and Oil Shale Mine THE COAL AND OU, Workers (Pensions) Acts, 1941 to 1948," in SHALE MINE WORKERS' (PENSIONS) certain particulars. ACTS AMENDMENT ACT OF [ASSENTED TO 28TH SEPTEMBER, 1950.] 1950. B E 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:- Short title 1. This Act may be cited as "The Coal and Oil :!truction. Shale Mine Workers (Pensions) Acts Amendment Act of 1950," and shall be read as one with *" The Coal and Oil Shale ~ 7Vline Workers (Pensions) Acts, 1941 to 1948," herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively title. be cited as "The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1950." Amendments 2. Section six of the Principal Act is amended as of B. 6. follows :_ (i.) In subsection one thereof the words "twelve shillings and six pence" are repealed and the words "and fifteen shillings" are inserted in lieu of those repealed words. (ii.) In subsection two thereof the words" twelve shillings and six pence" are repealed and the words "and fifteen shillings" are inserted in lieu of those repealed words. (iii.) In subsection three thereof the words" twelve shillings and six pence" are repealed and the words "and fifteen shillings" are inserted in lieu of those repealed words. (iv.) The proviso to the said subsection three is repealed and the following proviso is inserted in lieu thereof, namely:- " Provided that a mine worker shall not be eligible for a pension under this subsection if subsequent to the date upon which he ceased his employment as a mine worker he has in the opinion of the Tribunal been engaged in other work for a total period of three years or more." * 5 G. 6 No. 24 and amending Acts.

l\IIXING. 189) 1950. Coal, Etc. (Pensions), Etc., ~ 4mendment Act. as 1 .c 0 3 11 . owSesct: i-on seven of the Principal Act is amended A of m s e . n7d. ments (i.) In subsection one thereof the words "twelve shillings and six pence" are repealed and the words "and fifteen shillings" are inserted in lieu of those repealed words. (ii.) In paragraph (b) of the sajd subsection one the· words" or to be employed in full time employment in any other work " are repealed. (iii.) The proviso to the said subsection one is amended by repealing paragraph (ii.) of that proviso. (iv.) The following subsection, numbered (lA.), is inserted after subsection one thereof, namely:- " (lA.) A mine worker shal1, subject to this subsection, be eligible for a pension of two pounds and fifteen shillings per week if he proves to the satisfaction of the Tribunal- (a) That he is permanently incapacitated for work; and (b) That by reason of such incapacity he is unable to continue in employment as a mine worker; and (c) That he has been enga,ged in the coal or oil shale mining industries in Queensland for a continuous period of not less than twenty years immediately preceding the cessation of his employment as a mine worker by reason of such incapacity; and (d) That he has actually worked in or about a coal or oil shale mine in Queensland for a period of five years or more subsequent to the commencement of this Part n. of this Act. A mine worker shall be deemed to be permanently incapacitated for work if the degree of his permanent incapacity for work is not less than eighty-five per centum. The Tribunal may require any applicant for a pension under this subsection to submit himself to a medical examination, satisfactory to the Tribunal, as to the degree of incapacity.

190 l\IINIXG. Coal, Etc. (Pensions), Etc., Amendment Act. 14 GEO. VI. No. 4, A mine worker shall not be' eligible for a pension under this subsection where the permanent incapacity is due to his own fault." (v.) In subsection two thereof the words "or subsection lA " are inserted after the words" subsection one" . In the said subsection two the words "that subsection" are repealed and the words "subsection one or, as the case may be, subsection lA of this section " are inserted in lieu of those repealed words. The said subsection two is further amended by inserting the words" or of permanent incapacity" after the words" total incapacity" where those lastmentioned words appear in paragraph (b) of the said subsection two. Amendments of s. 8 (1). 4. Subsection one of section eight of the Principal Act is amended as follows :- (i.) In paragraph (a) thereof the words" one pound seventeen shillings and six pence" are repealed and the words "two pounds two shillings and six pence" are inserted in lieu of those repealed words. (ii.) In paragraph (c) thereof thE; words" one pound seventeen shillings and six pence" are repealed and the words "two pounds two shillings and six pence" are inserted in lieu of those repealed words. o A f m8e.n9d(m4)e. nt Act 5 i . s Saumbseencdtieodn fboyur aodf dsiencgtionthnerineteo ofththee fPorlilnocwiipnagl paragraph, na.mely:- "Provided that in a case where the aggregate of all sums specified in paragraphs (c) and (d) of the foregoing provisions of this subsection exceeds the maximum compensation under *" The Workers' Compensation Acts, 1916 to 1949," which would have been recovered or received had compensation under those lastmentioned Acts been paid or payable in respect of the death of the person or mine worker in question, then the amount of that excess shall be disregarded in calculating the time and extent of the disqualification, imposed by the foregoing provisions of this subsection, from receiving a pension under this Act, and that time and extent shall be calculated as if that aggregate were a sum equal to, but not greater than, that maximum compensation." * 6 G. 5 No. 35 and amending Acts.

MINING. 191 1950. Coal, Etc. (Pensions), Etc., ~ ; 1rnendment Act. .6. Subsection three of section ten of the Principal ~ eF~ ( ~ ) ~ f Act IS repealed. 7. Subsection three of section eleven of the Principal Are~ ~ ~ : ) t Act is amended by adding thereto the following 0 s. . paragraph, namely;- " Provided that in a case where the sum specified in the foregoing provisions of this subsection exceeds the maximum compensation under *" The Workers' Compensation Acts, 1916 to 1949," which would have been recovered or received had compensation under those lastmentioned Acts been paid or payable in respect of the injury to the mine worker in question, then the amount of that excess shall be disregarded in calculating the time and extent of the disqualification, imposed by the foregoing provisions of this subsection, from receiving a pension under this Act, and that time and extent shall be calculated as if that sum were equal to, but not greater than, that maximum compensation." 8. Section twelve of the Principal Act is amended Are~~men by repealing the words "invalid, old-age or widow's 0 s. . pension" and inserting the words "age, invalid or widow's pension under the tSocial Serrices Consolidation Act 1947-1948 (or any Act amending or in substitution for that Act) of the Parliament of the Commonwealth" in lieu of such repealed words. 9. The following section, numbered 12A, is inserted ~ ew s·d12A after section twelve of the Principal Act, namely ;_ mserte . " [12A.] If any person to whom a pension has been ~arnings awarded under section six or section nine of this Act e: ~ oyment. engages in employment then the total amount payable to such person as pension (including any additions payable pursuant to section eight of this Act) shall be reduced by the amount by which the average weekly earnings ·of that person during any period of employment exceed two pounds ten shillings per week." as 1 c 0 1 11 O O . w S S e ; c - tion fourteen of the Principal Act is amended Aofms.en1d4m. ent,f< (i.) In subsection seven thereof the words and brackets" (or, if he is absent or ill, his deputy, if any) " are repealed and the words" or deputy chairman" are inserted in lieu of such repealed words. * 6 G. 5 No. 35 and amending Acts. t No. 26 of 1947 of the Commonwealth and amending Act.

192 MINING. Coal,Etc. (Pensions), Etc., Amendment Act. 14 GEO. VI. No. 41, 1950. (ii.) The second paragraph of subsection ten thereof is repealed and the following paragraphs are inserted in lieu thereof, namely:- " The registrar shall, by virtue of his appointment pursuant to section fifteen of this Act as such and without any further or other appointment whatsoever, be also the deputy chairman of the Tribunal and shall act as chairman- (a) At any time when he is directed in writing so to act by the chairman (it being hereby declared that the chairman may at his discretion direct as aforesaid at any time or from time to time); or (b) During any absence of the chairman, and shall while he so acts have all the powers and perform all the duties of the chairman. In the case of the absence of the member- (a) Nominated by organisations of the owners of coal and oil shale mines in Queensland, those organisations; or (b) Nominated by mining unions, those unions, may nominate in writing a person to act as the deputy for that member during that absence and the person so nominated may, without further or other appointment, so act and shaH while he so acts have all the powers and perform all the duties of the member whose deputy he is." Amendments 11. Section fifteen of the Principal Act is amended ~ fs. 15. as follows:- (a) The words "a deputy registrar" are inserted after the words " a registrar" where those lastmentioned words appear in subsection one of the said section. (b) The following subsections are added thereto, namely:- " (3.) The deputy registrar shall perform all such duties as may be prescribed or, subject as prescribed, directed by the registrar, and, in addition, shall during any absence of the registrar have all the powers and perform all the duties of the registrar. (4.) On and from the date of the passing of this Act, the person who, at that date, holds the office of senior clerk in the office of the registrar shall, without

MINING. 15 GEO. VLNo. I, 1950. Goaland Oil, Etc. (Pensions), Etc., Act (No. 2.) 193 further or other appointment, be the deputy registrar but, except as respects his appointment to that office, he shall hold it under and subject to *" The Public Service Acts, 1922 to 1948." " 12. Paragraph (e) and paragraph (f) of subsection -;.mendment two of section thirty-one of the Principal Act are repealed. 0 s. 31 (2). 13. Where a pension or any addition to a pension pate o~ . a:d is, at the date of the passing of this Act, payable under ~~: a:e:~n the Principal Act, any increase in the amount of that pensions, hI pension or addition made by this Act shall be payable &0., paya e. on and from the commencement of the first complete period of fourteen days occurring after such lastmentioned date for which such pension or addition is payable as prescribed. An Act to Amend "The Coal and Oil Shale Mine 15 N GE o. O 1 . . VI. Workers (Pensions) Acts, 1941 to 1950," in T A H N E DC O O I A L T, SHALE MINE certain particulars. WORKERS' (PENSIONS) AOTS [ASSENTED TO 13TH D};JCEMBER, 1950.] AMAEONTDMOFENT 1950 (NI). 2). -}-> E it enacted by the King's Most Excellent Majesty, - ) by alJd 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. (1.) This Act may be cited as " The Coal and Oil Short title Shale Mine Workers (Pensions) Acts Amendment Act ot:!truotion. 1950 (No. 2)," and shall be read as one with t" The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1950," herein referred to as the Principal Act. The Principal Act and this Act may collectively be ~ ollective cited as" The Coal and Oil Shale Mine Workers (Pensions) tItle. Acts, 1941 to 1950." (2.) This Act shall be deemed to have come into operation on the second day of November, one thousand nine hundred and fifty, and shall have retrospective operation and effect accordingly. * 13 G. 5 No. 31 and amending Acts. t 5 G. 6 No. 24 and amending Acts. G