Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1957 (NSW)

COAL AND OIL SHALE MINE WORKERS (SUPER-

ANNUATION) FURTHER AMENDMENT ACT.

Act No. 54, 1957.

An Act to increase the rates of pensions and subsidy payable under the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941-1957; to include additional classes of persons as mine workers under the said Act; for these and other purposes to amend the said Act; to validate certain matters; and for purposes connected therewith. [Assented to, 9th December, 1957.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Coal and Oil Shale Mine Workers (Superannuation) Further Amend-
ment Act, 1957". (2)

(2) The Coal and Oil Shale Mine W o r k e r s

(Superannua t ion ) Act, 1941, as amended by subsequent Acts and by this Act, m a y be cited as the Coal and Oil

Shale Mine W o r k e r s (Superannua t ion) Act, 1941-1957.

(3) The Coal and Oil Shale Mine W o r k e r s

(Superannua t ion) Amendment Act, 1957, is amended by

omit t ing subsection two of section one.

2 . (1) The Coal and Oil Shale Mine Worke r s

(Superannua t ion) Act, 1941, as amended by subsequent

Acts , is amended—

(a)	(i)	by omit t ing from p a r a g r a p h (b) of subsection two of section two the words " h e satisfies the T r i b u n a l " and by inser t ing in lieu thereof the words " t h e Tr ibuna l is sa t i s f ied" ;
(ii)	by inserting at the end of the same subsec­
t ion the following new p a r a g r a p h : —

(c)	for any period (whether before or af ter the day on which the assent of H e r Majes ty to the Coal and Oil Shale Mine W o r k e r s (Superannua­
t ion) F u r t h e r Amendment Act, 1957,

is signified) du r ing which he is

the R e g i s t r a r to accept available

employed p u r s u a n t to a request by

employment unde r and in accordance
with section 19F of this Act.

(b) (i) by omit t ing s u b p a r a g r a p h (iii) of p a r a g r a p h

(c) of subsection two of section 2B;

(ii)   by inserting at the end of the same sub­

section the following new p a r a g r a p h : —

A person shall not be a mine worker by
v i r tue of p a r a g r a p h (c) of this subsection
if he becomes an officer of the Depa r tmen t

of

of Mines after the day on which the assent of H e r Majesty to the Coal and Oil Shale Mine W o r k e r s (Superannua t ion) F u r t h e r Amendment Act, 1957, is signified.

•(c) by inser t ing next af ter section 2B the following

new sect ion:—

2BA. Any person who is a mine worker by v i r tue of his being a person engaged in clerical work in connection with a coal or oil shale mine in accordance with the provis ions of subsection two of section 2A of this Act or by v i r tue of p a r a g r a p h (b) of subsection two of section 2B of this Act shall not cease to be a mine worker by reason only of the clerical work in which he is engaged not being per formed in accordance with the requi rements of subsection two of section 2A of this Act or p a r a g r a p h (b) of subsection two of section 2B of this Act by v i r tue of which he is a mine worker if such clerical work is clerical work in connection wi th a coal or oil shale mine and is per formed a t a mine office.

(d) (i) by omit t ing p a r a g r a p h s (a) and (b) of

subsection two of section 2c ;

(ii) by omit t ing from p a r a g r a p h (a) of sub­

section three of the same section the words " p a r a g r a p h s ( a ) , (b) a n d " and by inser t ing

in lieu thereof the word " p a r a g r a p h " ;

(iii)   by omitting subsection five of the same section;

(e)	by inserting next after section 2E the following
new sect ions:—

2F. (1) A reference in this section to the commencement of this section shall be const rued as a reference to the day on which the assent of H e r Majesty to the Coal and Oil Shale Mine W o r k e r s (Supe rannua t ion ) F u r t h e r Amendment Act, 1957, is signified.

(2)

(2) As from the commencement of this section the definition of " M i n e w o r k e r " in subsection one of section two of this Act shall be extended to include a person—

(a) not being a mine worker by virtue of p a r a g r a p h (e) of the definition of " M i n e w o r k e r " in subsection one of section two of th i s Act, who the Tr ibuna l upon applicat ion made to it by the indus t r ia l union of which such person is or is eligible to be a member is satisfied—

(i)   was, immediately before the day on which the assent of H e r Majesty to the Coal and Oil Shale Mine Worke r s (Superannua t ion) F u r ­ ther Amendment Act, 1957, was signified, pr incipal ly engaged in the t r a n s p o r t of coal or oil shale from the mine to the point of del ivery to which such coal or oil shale is being delivered by the owner of such mine ; or

(ii)    is pr incipal ly engaged in the t r ans ­ por t of coal or oil shale from the mine to the point of delivery to which such coal or oil shale is being

delivered by the owner of such

mine ; and

(b) who is an officer of the Department of Mines, not being a mine worker by v i r tue of p a r a g r a p h (c) of subsection two of section 2B of this Act, and who—

(i)   is engaged in or about a coal or oil shale mine in the performance of duties under the Coal Alines Regulat ion Act, 1912, as amended

by

by subsequent Acts , connected with t he provis ions of t ha t Act, as so amended, r e la t ing to the safety of persons employed in or about coal or oil shale mines ;

(ii)  was immediately before his appoint­ men t as an officer of the Depar t ­ ment of Mines a contr ibutor to the

F u n d ; and

(iii) in the case of—

(a)	a person appointed as an officer of the D e p a r t m e n t of Mines before the day on which the assent of H e r Majes ty to the Coal and Oil Shale Mine W o r k e r s (Super ­ annua t ion) F u r t h e r Amend­ ment Act, 1957, is signified, within twenty-one days af ter
such d a y ; or
(b)	a person appointed as such an officer af ter such day, wi thin twenty-one days af ter
his appoin tment ,

notifies the Unde r Secre ta ry for

Mines and the R e g i s t r a r t h a t he

elects to contr ibute to the F u n d and not to the S ta te Superannua­ t ion F u n d established under the Superannua t ion Act, 1916, as amended by subsequent Acts .

F o r the purposes of this subsection " p o i n t of d e l i v e r y " has the mean ing ascr ibed to t ha t

expression in p a r a g r a p h (e) of the definition of " M i n e w o r k e r " in subsection one of section two of th is Act.

(3)

(3) A person who is a mine worker by v i r tue of s u b p a r a g r a p h (i) of p a r a g r a p h (a) of subsection two of this section shall for the purposes of this Act be deemed to be ' ' e n g a g e d in the coal or oil shale mining i n d u s t r i e s " for any period, whether before or af ter the day on which the assent of H e r Majesty to the Coal and Oil Shale Mine Worke r s (Superannua t ion) F u r t h e r Amendment Act, 1957, is signified, dur ing which he was or is a contr ibutor to the Fund .

(4) (a) The re t i r ing age of persons

being members of the classes re fer red to in p a r a g r a p h (a) of subsection two of this section shall be sixty years .

(b) The re t i r ing age of persons

being members of the class re fe r red to in p a r a g r a p h (b) of the said subsection shall be

sixty-five y e a r s :

P rov ided tha t any person to whom this p a r a g r a p h applies may re t i re or be re t i red at any t ime after he a t ta ins the age of sixty yea r s and before he a t t a ins the age of sixty-five years , and in any such case a reference in any provision of this Act to the " d a t e of r e t i r e m e n t " shall, no twi ths tanding anyth ing elsewhere contained in this Act, in the applicat ion of tha t provision

to and in respect of such person be construed
as a reference to the date upon which he so

re t i res or is re t i red.

(5) As from the commencement of this section the provisions of th i s Act shall, subject to this section, apply to and in respect of persons who by v i r tue of subsection two of this

section a re mine w o r k e r s :

Prov ided tha t the provis ions of this Act in
thei r applicat ion to and in respect of such

persons shall be deemed to be modified to the

following

following extent, t ha t is to say—references, express or implied, in this Act to the commence­ ment of P a r t I I of this Act, shall be construed as references to the commencement of this sect ion:

P rov ided fur ther tha t the provis ions of this Act in thei r appl icat ion to and in respect of any person who is a member of the class re fer red to in p a r a g r a p h (b) of subsection two of this sec­ t ion shall be deemed to be modified to the follow­ ing extent, tha t is to say—sections five and six of th is Act shall have and take effect as if the age of sixty-five yea r s or, where such person re t i res or is r e t i r ed before the age of sixty-five years , the age a t which such pe r son re t i res or is re t i red were subs t i tu ted for the age of s ixty yea r s re fe r red to therein, and references in this Act to the " d a t e of r e t i r e m e n t " shall be construed accordingly.

(6) F o r the purposes of assess ing contri­ but ions of owners unde r section nineteen of th is Act a pe r son who by v i r tue of p a r a g r a p h (a) of subsection two of this section is a mine worker shall be deemed to be employed by the owner of the mine from which such pe r son t r a n s p o r t s

coal or oil shale.

(7) A n y mine worker who, p u r s u a n t to

s u b p a r a g r a p h (iii) of p a r a g r a p h (b) of sub­ section two of this section, notifies the U n d e r Secre ta ry for Mines and the R e g i s t r a r tha t he elects to contr ibute to the F u n d and not to the S ta te Superannua t ion F u n d established under the Supe rannua t ion Act, 1916, as amended by subsequent Acts , shall be deemed not to be an employee within the meaning of t ha t Act, as so amended.

2g.

2G. (1) This section shall be deemed to have commenced upon the first day of J a n u a r y , one

thousand nine hundred and fifty-six.

(2) As from the commencement of this section the definition of " M i n e w o r k e r " in sub­ section one of section two of this Act shall be extended to include a person who was employed in the Electr ic i ty Supp ly Depa r tmen t of Cale­ donian Collieries Limited at Cessnock, who was so employed dur ing the per iod of five yea r s immediately before the commencement of this section and who dur ing tha t per iod was a con­ t r ibu tor as a mine worker under this Act.

(3) The re t i r ing age of persons who by vi r tue of subsection two of this section a re mine workers shall be sixty yea r s .

(4) As from the commencement of this section the provisions of this Act shall, subject to this section, apply to and in respect of persons who by v i r tue of subsection two of this section

a re mine worke r s :

P rov ided tha t the provisions of this Act in
thei r appl icat ion to and in respect of such

persons shall be deemed to be modified to the

express or implied, in this Act to the commence­	following extent, tha t is to say—references,
ment of P a r t I I of this Act, shall be construed as references to the first day of J a n u a r y , one thousand nine hundred and fifty-six.

(f)	by inserting in subsection six of section three af ter the words " sec t ion 2c of this A c t " the words " a n d in subsection two of section 2F of
th is A c t " ;

(g)

(g) by inserting at the end of section five the follow­ ing new subsection:—

(6) I n the applicat ion to and in respect of a mine worker who is a colliery surveyor of the provis ions of this section and of section six of this Act—

(a)

such provisions shall be deemed to be modified to the following extent, tha t is to say—references, express or implied, in the provis ions of this section to the com­ mencement of P a r t I I of th is Act shall be const rued as references to the day on which the assent of H e r Majes ty to the Coal and Oil Shale Mine W o r k e r s (Superannua t ion) F u r t h e r Amendment Act, 1957, is signified; and

(b)

such provisions shall be deemed to be amended—

(i)   by omitting the words "age of s ixty y e a r s " wherever occurr ing and by inser t ing in lieu thereof the words " a g e of sixty-five y e a r s " ; and

(ii)   by inserting after the words "sub­ sections one and two of this sec­

t i o n " wherever occurr ing in this

section the words " , as modified and deemed to be amended by pa ra ­ g r a p h s (a) and (b) of subsection

six of this s ec t ion , " :

P rov ided tha t any mine worker who is a colliery surveyor may re t i re or be re t i red a t any t ime af ter he a t t a ins the age of s ixty yea r s and before he a t t a ins the age of sixty-five yea r s and in any such case a reference in this Act to the da te

of

of re t i rement shall, no twi ths tanding any­ th ing elsewhere contained in this Act, in the applicat ion of tha t provision to and in respect of such mine worker , be con­ s t rued as a reference to the date upon which he so re t i res or is re t i red.

(2) The regulat ions made under t he Coal and Oil Shale Mine Worke r s (Superannua t ion) Act, 1941, as amended by subsequent Acts , and published in Gazette No. 33 of the twenty-sixth day of Feb rua ry , one thousand nine hundred and fifty-four, a re amended by omit t ing

p a r a g r a p h (b) of regulat ion two.

(3) (a) The amendment made by s u b p a r a g r a p h (i)

of p a r a g r a p h (b) of subsection one of this section shall be deemed to have commenced on the sixteenth day of October, one thousand nine hundred and forty-nine.

(b) The amendment made by p a r a g r a p h (c)

of subsection one of this section shall be deemed to have commenced on the first day of March, one thousand nine hundred and fifty-three.

(c) The amendment made by p a r a g r a p h (d)

of subsection one of this section shall be deemed to have commenced on the seventeenth day of December, one thousand nine hundred and fifty.

(d) The amendment made by subsection two
of th i s section shall be deemed to have commenced on

the twenty-sixth day of F e b r u a r y , one thousand nine

hundred and fifty-four.

3. (1) The Coal and Oil Shale Mine W o r k e r s (Super­

annuat ion) Act, 1941, as amended by subsequent Acts ,

is fur ther amended—

(a)	by inserting at the end of section six the follow­ ing new subsection:—
(12) (a) The amount of pension per week payable to any mine worker who has , before the twenty-fourth day of October, one thousand

nine

nine hundred and fifty-seven, been awarded a pension p u r s u a n t to subsection one, (1A), two or th ree of this section, shall as on and from such date and no twi ths tanding any th ing con­ tained in this section be five pounds ten shillings.

(b) The amount of pension pe r week payable to any mine worker who, on or after the twenty-four th day of October, one thousand nine hund red and fifty-seven, becomes eligible for a pension p u r s u a n t to subsection one, (1A), two or th ree of this section, shall as on and from the da te of re t i rement and no twi ths tanding any­ th ing contained in this section be five pounds ten shillings.

(b)	by omitting from subsections one and (1A) of section seven the words "five pounds two shillings and s i xpence" and by inser t ing in lieu thereof the words "five pounds ten s h i l l i n g s " ;
(c)	by omitting from subsection one of section eight the words "five pounds two shillings and six­ p e n c e " and by inse r t ing in lieu thereof the
words "five pounds ten s h i l l i n g s " ;
(d)	by omitting from subsection one of section nine the words " f o u r pounds seven shillings and s i x p e n c e " wherever occurr ing and by insert­
ing in lieu thereof the words " f o u r pounds
fifteen s h i l l i n g s " ;
(e)	by omitting from subsections one and (lc) of section ten the words " f o u r pounds twelve shillings and s i xpence" and by inser t ing in lieu
thereof the words "five p o u n d s " ;
(f)	by omitting from subsection three of section 10A the words " f o u r pounds twelve shillings and s i x p e n c e " and by inser t ing in lieu thereof the
words "five p o u n d s " .

(2)

(2) (a ) The amendments made by p a r a g r a p h (b) ,

p a r a g r a p h (c) and p a r a g r a p h (d) of subsection one of th is section shall be deemed to extend to and from the twenty-four th day of October, one thousand nine hundred and fifty-seven, apply in respect of all mine workers who were immediately before such date in receipt of a pension p u r s u a n t to section seven or eight or an addi t ion to a pension p u r s u a n t to section nine of the Coal and Oil Shale Mine W o r k e r s (Superannua t ion) Act, 1941, as amended by subsequent Acts , as well as to mine workers becoming eligible for any such pension or addi t ion

the re to af ter such date .

(b) The amendments made by p a r a g r a p h (e)

and p a r a g r a p h (f) of subsection one of this section shall be deemed to extend to and from the commencement of such amendments app ly in respect of all persons who were immediately before such commencement in receipt of a pension p u r s u a n t to section ten or 10A of the Coal

and Oil Shale Mine W o r k e r s (Superannua t ion) Act, 1941,

as amended by subsequent Acts , as well as to persons becoming eligible for any such pension after such commencement.

(3) (a) The amendments made by p a r a g r a p h s ( a ) ,

(b ) , (c) and (d) of subsection one of this section shall be deemed to have commenced on the twenty-four th day

of October, one thousand nine hundred and fifty-seven.

(b) The amendments made by p a r a g r a p h (e)

and by p a r a g r a p h (f) of subsection one of this section
shall—

(i)   in the case of a widow who was entitled to a widow's pension under any legislation of the Commonwealth re la t ing to Social Services on the fifteenth day of October, one thousand nine hundred and fifty-seven, be deemed to have commenced upon the said d a y ;

91443—14 (ii)

(ii) in any other ease, be deemed to have commenced

upon the twenty-four th day of October, one

thousand nine hundred and fifty-seven,

and a reference in p a r a g r a p h (b) of subsection two of this section to the commencement of such amendments shall be construed accordingly.

4. (1) The es t imate made by the Superannua t ion Tr ibuna l const i tuted under the Coal and Oil Shale Mine Worke r s (Superannua t ion ) Act, 1941, as amended by subsequent Acts , in accordance with section nineteen of t ha t Act, as so amended, of the amount requi red by the Coal and Oil Shale Mine Worke r s Superannua t ion F u n d for the per iod of twelve months commencing on the first day of Ju ly , one thousand nine hundred and fifty-seven, shall be deemed to be var ied to the extent necessary t o include the amount requ i red for payment of pensions increased or other sums payable out of such F u n d by v i r tue of the opera t ion of this Act, and the est imate a s so va r ied shall for all purposes of the Coal a n d Oil Shale Mine W o r k e r s (Superannua t ion) Act, 1941, as amended by subsequent Acts and by th is Act, be deemed to be the est imate of the amount requi red by such Fund for the aforesaid per iod of twelve months for payment of pensions and other sums chargeable upon or payable out of tha t F u n d and for the provision of a reserve in

connection with t ha t Fund .

(2) The est imate made by the Superannua t ion Tr ibuna l const i tuted under the Coal and Oil Shale Mine Worke r s (Superannua t ion) Act, 1941, as amended by subsequent Acts , in accordance with section 19D of tha t Act, as so amended, of the amount requi red by the Coal and Oil Shale Mine W o r k e r s Compensat ion Subsidy F u n d for the per iod of twelve mon ths commencing on the first day of Ju ly , one thousand nine hund red and fifty- seven, shall be deemed to be va r ied to the extent neces­ sa ry to include the amount required for payment of subsidy increased or other sums payable out of such F u n d by v i r tue of the opera t ion of this Act and the

est imate

es t imate as so var ied shall for all purposes of the Coal and Oil Shale Mine Worke r s (Superannua t ion) Act, 1941, a s amended by subsequent Acts and by this Act, be deemed to be the est imate of the amount required by such F u n d for the aforesaid per iod of twelve months for paymen t of subsidy and other sums chargeable upon or payable out of tha t F u n d and for the provis ion of a reserve in connection with tha t Fund .

(1) The Coal and Oil Shale Mine W o r k e r s (Super­ annuat ion) Act, 1941, as amended by subsequent Acts , is

5.

fu r ther amended—

(a) (i) by omit t ing from subsection one of section
th i r teen the words " o r any pension payable
under the Superannua t ion Act, 191G-1948,";

(ii)   by omitting from the same subsection the words " o r any pension payable under the Superannua t ion Act, 1916-1952,";

(b)	(i)	by omit t ing p a r a g r a p h	(b) of subsection six
of section e ighteen;

(ii)   by inserting at the end of the same section the following new subsection:—

(7) F o r the purposes of this section the
Tr ibuna l is hereby declared to be a body
corpora te under the name of the " C o a l and

Oil Shale Mine W o r k e r s ' Superannua t ion

T r i b u n a l " .

The said body corpora te shall have pe rpe tua l succession and a common seal and may in the corpora te name sue and be sued and shall be capable of purchasing, holding, g ran t ing , demising, disposing of and al ienat ing real and personal p r o p e r t y and of doing and suffering all such other acts and things as a body corporate may by law do and suffer.

(2)

(2) (a) The amendment made by subparagraph (i) of paragraph (a) of subsection one of this section shall be deemed to have commenced on the sixteenth day of October, one thousand nine hundred and forty-nine.

(b) The amendment made by subparagraph (ii) of paragraph (a) of subsection one of this section shall be deemed to have commenced on the fourth day of December, one thousand nine hundred and fifty-two.

(c) The amendments made by paragraph (b) of subsection one of this section shall not prejudice or affect the continuity of the body corporate constituted under paragraph (b) of subsection six of section eighteen of the Coal and Oil Shale Mine "Workers (Superannua- tion) Act, 1941, as amended by subsequent Acts, but the same shall continue notwithstanding such amendments,