Coal and Shale Mine Workers (Pensions) Acts Amendment Act of 1968 (Qld)

100 (1 uelenslFSXtb ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1968 An Act to Amend "The Coal and Oil Shale Mine Workers (Pensions ) Acts, 1941 to 1962," in certain particulars [ASSENTED TO 18TH APRIL, 1968] 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. (1) Short title . This Act may be cited as " The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1968." (2) Principal Act. " The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1962," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1968."

Coal and Oil Shale, Etc . ( Pensions ) Acts Amdt Act of 1968, No. 12 101 2. Amendments of s. 2 . Section two of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the definition " Injury " and inserting in its stead the following definitions:- " " Child "-In relation to any person- (a) a legitimate , illegitimate or adopted child of that person; (b) a child (legitimate or illegitimate) not within paragraph (a) hereof who in the opinion of the Tribunal is maintained as a member of the family of that person. In this definition " adopted " means adopted by a person or by a person and his spouse jointly, in accordance with the law of the State, Territory or country where the adoption takes place, as in force at the date of the adoption; " Housekeeper "-In relation to a person who has no wife, the female member of his family recognized by the Tribunal as the housekeeper of that person and as being totally or mainly maintained by him; " Injury "-has the meaning assigned to that term by " The Workers' Compensation Acts, 1916 to 1966 " save that the reference in the definition of the term in those Acts to the exclusion of diseases specified in section 14B of those Acts shall not apply in the application of the term in this Act; "; (ii) omitting in the definition " Mine worker " all words after paragraph (g) and inserting in their stead the following paragraphs:- (h) A superintendent, manager or under manager of a coal or oil shale mine (including the manager and under manager appointed by a tribute party) employed in Queensland; (i) A coke worker employed in Queensland in or about a coal mine by the owner of the mine; (j) Any person who is the Chief Inspector of Coal Mines or an inspector or other officer appointed pursuant to " The Coal Mining Acts, 1925 to 1964 " and who is not a contributor within the meaning of " The Public Service Superannuation Acts, 1958 to 1966 "; (k) A superintendent or an instructor of any mine rescue brigade functioning in Queensland; (1) (Without derogating from the provisions of the aforegoing paragraphs 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 coal or oil shale mine."; (iii) inserting after the definition " Pension " the following definition:- " " Pensioner "-a person in receipt of a pension;"; (iv) inserting after the definition " Regulations " the following definition- Retirement "-retirement from employment upon reaching sixty years of age or any later age: " Retire " shall have a similar connotation; "; and

102 Coal and Oil Shale, Etc. (Pensions) Acts Amdt Act of 1968, No. 12 (v) adding the following definitions:- " " Widow "-the person who was the wife of a deceased person immediately prior to his death; " Wife "-in relation to any person, (a) the female person legally married to him; or (b) the female person totally or mainly maintained by him and who is recognized by the Tribunal as his wife although not legally married to him."; and (b) omitting subsection (5) and subsection (6). 3. Repeal of s. 2A. The Principal Act is amended by repealing section 2A. Renumbering of s. 2B . The Principal Act is amended by renumbering section 2B as section 2A. 5. Repeal of s. 2C. The Principal Act is amended by repealing section 2c. 6. Amendments of s. 3. Section three of the Principal Act is amended by- (a) in subsection (2) omitting the words " worked in or about a coal or oil shale mine, as the case may be; " and inserting in their stead the words " been engaged in the coal or oil shale mining industry and to have worked as a mine worker "; and (b) omitting subsection (5) and inserting in its stead the following subsection :- " (5) For the purposes of this Act the work of persons of the classes referred to in paragraphs (e), (f), (h), (i), (j), (k), and (1) of the definition of " mine worker " in section two of this Act shall be deemed to be work in or about a coal or oil shale mine." 7. Amendment of s. 4 . Section four of the Principal Act is amended by omitting subsection (4) and inserting in its stead the following subsection :- " (4) For the purposes of this section and of any agreement under this section, and for giving operation and effect to any such agreement, the provisions of this Act shall be read subject to all necessary adaptations including but without limit to the generality of the provisions of this subsection, the deeming of the term " Queensland " wheresoever appearing in section six and in subsection IA of section seven of this Act, to include, as well as the State of Queensland, the other State of the Commonwealth which, in relation to the agreement in question, is the reciprocating State as declared by Proclamation made and published in the Gazette pursuant to this section.". 8. Amendments of s. 5. Section five of the Principal Act is amended by- (a) omitting subsections (1) and (2) and inserting in their, stead the following subsections :- " (1) Subject to this section- (a) a person shall not take into or retain in his employment as a mine worker any person who is over the age of sixty-five years;

Coal and Oil Shale, Etc. (Pensions) Acts Amdt Act of 1968, No. 12 103 (b) a person over the age of sixty-five years shall not accept or continue in employment as a mine worker. (2) Every person employed as a mine worker shall be retired from and vacate such employment immediately upon attaining the age of sixty-five years." (b) adding the following subsection:- " (7) This section shall not be construed so as to prevent a mine worker retiring at any time after he attains the age of sixty years." 9. Repeal of and new s. 6. The Principal Act is amended by repealing section six and inserting in its stead the following section:- " [6.] Pensions of retired mine workers . (1) Any mine worker to whom this section applies shall upon retirement be entitled to a pension at the applicable rate prescribed by section 10B of this Act. (2) This section applies to every mine worker- (a) who satisfies the Tribunal that he has worked as a mine worker in Queensland for fifteen years immediately prior to retirement; (b) who satisfies the Tribunal that he has worked as a mine worker in Queensland for twenty years, five of which years occurred in the period of ten years immediately prior to retirement; (c) who satisfies the Tribunal that he has worked as a mine worker in Queensland for twenty-five years, ten of which years occurred in the period of twenty years immediately prior to retirement; (d) who satisfies the Tribunal that he has worked as a mine worker in Queensland for thirty years, five of which years occurred in the period of fifteen years immediately prior to retirement; (e) who satisfies the Tribunal that he has worked as a mine worker in Queensland for thirty-five years; or (f) who satisfies the Tribunal that he- (i) was at least forty years of age on the passing of " The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1968 "; (ii) was a mine worker within the meaning of " The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1962 "; and (iii) would upon retirement have been eligible for a mine worker's pension pursuant to section six of " The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1962 " but for the repeal of such section. (3) Where the Tribunal has, pursuant to the provisions of subsection (5) of section eighteen of this Act 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 eighteen of this Act shall not be taken into account for the purposes of applying this section to him." 10. Amendments of s. 6A. Section 6A of the Principal Act is amended by- (a) in subsection (6) omitting the words " be engaged in the coal or oil shale mining industry " and inserting in their stead the words " have worked as a mine worker ";

104 Coal and Oil Shale , Etc. (Pensions ) Acts Amdt Act of 1968. No. 12 (b) adding the following subsections:- " (8) Subject to subsection (9) of this section after the passing of " The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1968 " the Tribunal- (a) shall not grant any application for a permit under this section unless- (i) the termination of employment of the applicant occurred within the period of three months next preceding the passing of " The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1968 "; and (ii) the application was made before the expiration of three months after the date of the termination of employment; (b) shall not grant any application for the renewal of a permit under this section- (i) unless the application was made before the expiration of the permit or within the period of three months after the date of the expiration of the permit; or (ii) if the effect of granting such application would be to maintain the permit in force after the thirty-first day of December, one thousand nine hundred and seventy-two. (9) The Tribunal may in respect of any applicant, vary any period of time specified in paragraph (a) and subparagraph (i) of paragraph (b) of subsection (8) of this section where it is satisfied that special circumstances exist or, as the case may be, existed in relation to the applicant.". 11. Amendments of s. 7. Section seven of the Principal Act is amended by- (a) in subparagraph (c) of the first paragraph of subsection (IA) omitting the words " twenty years " and inserting in their stead the words thirteen years "; (b) inserting after subsection (IA) the following subsection:- " (113) The Tribunal may award a pension to any mine worker even though he may not possess the qualifications required by subsections (1) or (IA) of this section where the Tribunal is satisfied that the granting of such a pension would not be inconsistent with the general scope and purpose of this section and that, having regard to all the circumstances it is just and equitable to award such a pension to such mine worker."; and (c) in subsection (2)- (i) inserting after the words " subsection (1) or subsection (lA) the words " or subsection (1B) "; (ii) omitting the brackets and all words contained therein. 12. Repeal of and new s. 8. The Principal Act is amended by repealing section eight and inserting in its stead the following section:- " [8.] Additional payments . (1) Where a person who is receiving a pension under section six or seven of this Act, satisfies the Tribunal that- (a) his wife is an invalid and that by reason thereof he employs a female over the age of sixteen years to care for his wife or for any dependent child under the age of sixteen years (whether or not such female is a member of the mine worker's family); or

Coal and Oil Shale , Etc. (Pensions ) Acts Amdt Act of 1968, No. 12 105 (b) his wife is confined to a convalescent home; and (c) in each case his monetary circumstances warrant an addition to his pension, the Tribunal may award to such person an addition to his pension of such amount not exceeding eleven dollars seventy-five cents per week as the Tribunal considers appropriate. (2) Where a person who is receiving a pension under section six or seven of this Act satisfies the Tribunal that- (a) he has no dependent wife or housekeeper, is an invalid and by reason thereof he employs a female over the age of sixteen years to care for him; or (b) he is confined to a convalescent home; and (c) in each case his monetary circumstances warrant an addition to his pension, the Tribunal may award to such person an addition to his pension of such amount not exceeding eleven dollars seventy-five cents per week as the Tribunal considers appropriate." (3) Where a person who is receiving a pension under section six or seven of this Act satisfies the Tribunal that- (a) he has no dependent wife or housekeeper and employs a female over the age of sixteen years to care for a dependent child under the age of sixteen years; and (b) his monetary circumstances warrant an addition to his pension, the Tribunal may award to such person an addition to his pension of such amount not exceeding eleven dollars seventy-five cents per week as the Tribunal considers appropriate. (4) The payment of an addition to a pension under subsection (4) of section 10a of this Act shall not prevent the Tribunal from awarding an addition to such pension under this section. (5) In this section the expression " child under sixteen years of age " shall be deemed to include a child over that age in respect of whom an addition to the pension of the pensioner concerned is payable pursuant to subsection (4) of section 10a of this Act.". 13. Amendment of s. 9. Section nine of the Principal Act is amended by- (a) in subsection (1) omitting all words after subparagraph (e) and inserting in their stead the following words:- " the persons to whom this section applies shall be entitled to a pension at the applicable rate prescribed by section 10a of this Act." (b) omitting subsection (IA) and inserting in its stead the following subsections:- (22)) (a) This section applies to any person- (i) who is the widow of; (ii) who was the housekeeper of; (iii) who is a child under the age of sixteen years of, a person or mine worker (in this sectipn called " the deceased ") specified in subsection (1) of this section and who in the opinion of the Tribunal was totally or mainly maintained by the deceased person immediately prior to his death.

106 Coal and Oil Shale, Etc. (Pensions) Acts Amdt Act of 1968, No. 12 (b) Save a person who is at least forty years of age on the first anniversary of the death of the deceased, this section shall upon such anniversary cease to apply- (i) to any widow who was not lawfully married to the deceased immediately prior to his death; or (ii) to the person who was the housekeeper of the deceased immediately prior to his death: Provided that this section shall not cease to apply to a widow or housekeeper who- (iii) has the care of a child under the age of sixteen years of the deceased; or (iv) attains forty years of age whilst caring for such a child, but shall cease to so apply when such person (not being at least forty years of age) ceases to care for any child under sixteen years of age of the deceased. (3) Where this section applies to a person other than by reason of his being within subparagraph (iii) of paragraph (a) of subsection (2) of this section and such person satisfies the Tribunal that- (a) she- (i) is an invalid; (ii) by reason thereof is permanently incapable of performing her domestic duties; and (iii) employs a female over the age of sixteen years (whether or not such female is a member of her family); or (b) she- (i) is an invalid; and (ii) is confined to a convalescent home; and (c) in each case her monetary circumstances warrant an addition to her pension, the Tribunal may award to such person an addition to her pension of such amount not exceeding eleven dollars seventy-five cents per week as the Tribunal considers appropriate. (4) In this section the expression " child under the age of sixteen years" shall be deemed to include a child over that age to whom a pension is payable pursuant to subsection (5) of section 10B of this Act.". 14. Cessation of pension payable to certain females . Where a female person- (a) is, at the date of the passing of " The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1968," entitled to a pension under section nine of the Principal Act by reason of her being the female in respect of whom a person or mine worker (in this section referred to as the " deceased "), if he had remained alive, would have been entitled to an addition to his pension under paragraph (c) of subsection (1) of section eight of the Principal Act; and (b) is not forty years of age at least on the thirty-first day of December one thousand nine hundred and sixty-eight, the entitlement to such pension shall cease on and from the first day of January, one thousand nine hundred and sixty-nine:

Coal and Oil Shale, Etc. (Pensions) Acts Amdt Act of 1968, No. 12 107 Provided that the entitlement to such pension shall not cease if such person- (a) is on that date caring for a child under the age of sixteen years of the deceased; or (b) attains forty years of age after that date whilst caring for such a child, but shall cease when such person (not being at least forty years of age) ceases to care for any child under the age of sixteen years. In this section the expression " child under the age of sixteen years " shall be deemed to include a child over that age to whom a pension is payable pursuant to subsection (5) of section 10B of " The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1968." 15. Repeal of and new s. 10. The Principal Act is amended by repealing section ten and inserting in its stead the following section:- " [10.] When pensions cease to be paid . (1) Where a person is entitled to a pension under section six or section seven of this Act, the pension shall, subject to this Act, be payable to him until his death. (2) Where a female person is entitled to a pension under section nine of this Act, other than by reason of being a child of a mine worker, the pension shall, subject to this Act, be payable to her- (a) until she marries, or as the case may be, remarries; or (b) until her death, whichever sooner happens. (3) Where a person is entitled to a pension under section nine of this Act by reason of being a child of a mine worker the pension shall, subject to this Act, be payable to him- (a) until he attains the age of sixteen years; or (b) until his death, whichever sooner happens. (4) A person shall not be entitled to receive more than one pension under this Act." 16. Repeal of and new s. 10B. The Principal Act is amended by repealing section 10B and inserting in its stead the following section:- " [10B.] Rates of pensions . (1) (a) Subject to this Act a person entitled to a pension under this Act shall be entitled to receive a pension at the rate specified in the second column of the Table to this section (in this section referred to as the " Table ") opposite to the class of pensioner relevant to such person. (b) A person who at the date of the passing of " The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1968" was entitled to receive a pension under the provisions of this Act as in force immediately prior to that date shall, subject to this Act, by virtue of that entitlement be paid on and from that date a pension at the rate specified in the second column of the Table opposite to the class of persons relevant to such person in the stead of at the rate at which that pension including any additions thereto was payable to him prior to that date.

108 Coal and Oil Shale , Etc. (Pensions ) Acts Amdt Act of 1968, No. 12 (2) A pensioner who pursuant to subsection ( 1) of this section is entitled to receive a rate of pension specified in the second column of the Table shall receive a rate of pension not less than the rate of pension specified in the third column opposite to such firstmentioned rate. (3) Subject to subsection ( 2) of this section the rate of a pension specified in the second column of the Table which a person is entitled to receive , shall be reduced by any amount which such person or his dependants or both is receiving or is entitled to receive from any age, invalid or widow ' s pension ( including any wife allowance or child allowance payable in respect of any such person ) under the SocialServices Act1947-1967 (and any Act amending or in substitution for that Act) of the Commonwealth. This subsection and subsection ( 2) of this section shall not derogate from the provisions of subsection (2) of section seven or the provisions of section eleven, of this Act. (4) A pensioner who is or was a mine worker and who totally or mainly maintains a child or children under sixteen years of age shall receive an addition to his pension of one dollar fifty cents per week in respect of each such child: Provided that where the Tribunal is satisfied that such a child is continuing his education by attending an educational institution in a full time capacity beyond his sixteenth year it may in its discretion direct that such addition shall be paid in respect of such child until- (a) such child ceases to be so educated; (b) such child attains the age of eighteen years; or (c) the death of such child, whichever sooner happens. (5) Where the Tribunal is satisfied that a pension is not payable to a child by reason only that such child is over the age of sixteen years and that such child ( not being over eighteen years of age ) is continuing his education by attending an educational institution in a full time capacity beyond his sixteenth year, it may in its discretion direct that a pension shall be payable to such child which pension shall be payable until- (a) such child ceases to be so educated ; (b) such child attains the age of eighteen years; or (c) the death of such child, whichever sooner happens. (6) A mine worker who continues to work as such after reaching sixty years of age and who if he retired on or at any time after reaching that age would be entitled to a pension pursuant to section six of this Act shall on and from reaching sixty years of age or , as the case may be, on and from such time after reaching that age- (a) be entitled to and shall be paid a pension at the rate of ten dollars per week; and (b) be not entitled to the addition specified in subsection (4) of this section, until he retires.

Coal and Oil Shale, Etc. (Pensions) Acts Amdt Act of 1968, No. 12 109 (7) A person to whom paragraph ( b) of subsection ( 1) of this section applies and who at the date of the passing of " The Coal and Oil Shale Mine Workers ( Pensions ) Acts Amendment Act of 1968" was over the age of sixty years but under the age of sixty-five years shall , in respect of any period of time after that date during which he is employed as a mine worker, (a) be entitled to and shall be paid a pension at the rate of ten dollars per week: and (b) shall not be paid the addition specified in subsection (4) of this section. (8) In this section- " Married man " means a man whose wife is totally or mainly maintained by him; and " Widow " includes the person who was the housekeeper of the deceased mine worker. TABLE First Column Second Column Third Column Single or widower $15.25 per week Married man . $26.50 per week Man and housekeeper $26.50 per week Widow aged 60 years or more with no child under 16 years of age $14.25 per week Widow under 60 years of age with no child under 16 years of age $14.25 per week Widow with child under 16 years of age .. .. $14.25 per week Child .. .. $1.50 per week $2.25 per week' $3.00 per week $3.00 per week $1.25 per week $2.50 per week $1.25 per week Nil II 17. Repeal of s. 12 . The Principal Act is amended by repealing section twelve. 18. Repeal of s. 12A. The Principal Act is amended by repealing section 12A. 19. Amendment of s. 17. Section seventeen of the Principal Act is amended by omitting the first two paragraphs of subsection (5) and inserting in their stead the following paragraphs:- "Any money in the Fund which is not immediately required for the purposes of the Fund may be invested by the Tribunal- (a) in any manner in which trustees are for the time being authorized to invest trust funds; or (b) upon security with an approved dealer. Interest from time to time accruing from any such investment shall be paid into the Fund. For the purposes of this subsection the expression " approved dealer " means a person who- (c) is a dealer in the short tern money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (d) is approved by the Governor in Council (who is hereby thereunto authorized) by Order in Council."

110 Coal and Oil Shale , Etc. (Pensions ) Acts Amdt Act of 1968, No. 12 20. Repeal of and new s. 18. (1) The Principal Act is amended by repealing section eighteen and inserting in its stead the following section:- " [18.] Contributions . (1) The contributions to the Fund and for a reserve in connexion with the Fund for the year commencing on the first day of July one thousand nine hundred and sixty-seven and for each succeeding year shall be paid by the following persons in the proportions specified :- (a) The Treasurer-one hundred and fifty thousand dollars ($150,(00); (b) Each mine worker-one dollar twenty cents per week or such other amount per week as may be specified in relation to the year concerned by the Actuary appointed pursuant to section twenty-six of this Act; (c) Each owner-in respect of each mine worker employed by him, five dollars forty cents per week or where in relation to the year concerned another amount per week is specified with respect to a mine worker, four and one-half times such amount per week. Every tributer shall, notwithstanding anything contained in this Act be liable to pay under this section both as mine worker and owner. (2) Any moneys which the Treasurer is liable to pay under this section shall be paid out of moneys provided by Parliament for the purposes of this Act. (3) The moneys which an owner is liable to pay under this section shall be paid in such manner and at such times as may be prescribed. Every person defined as a contractor pursuant to section 2A of this Act shall notwithstanding anything contained in this Act, be liable to pay under this subsection as an owner. An owner shall not be liable to pay any contribution in respect of a mine worker employed by him who is not liable to pay any contribution in respect of the Fund pursuant to subsection (4) of this section. (4) The moneys which a mine worker is liable to pay under this section shall be paid in such manner and at such times as may be prescribed. Without prejudice to the generality of the foregoing provisions of this subsection the regulations may provide for the collection (by deduction from wages or otherwise) and payment to the Tribunal by the employers of mine workers of any such contributions. A mine worker shall not in respect of any period during which- (a) he is employed otherwise than as a mine worker; (b) he is unable to obtain employment as a mine worker; or (c) he is absent from his employment as a mine worker due to illness or accident, be liable to pay any contributions to the Tribunal in respect of the Fund.

Coal and Oil Shale, Etc. (Pensions ) Acts Amdt Act of 1968, No. 12 111 (5) The Tribunal may upon application refund to the person concerned the amount of contributions paid to the Fund by- (a) a female who has, by reason of her marriage, ceased to be a mine worker; (b) a mine worker (male or female) who after the passing of " The Coal and Oil Shale Mine Workers ( Pensions) Acts Amendment Act of 1968 " ceases to be engaged in the industry for any reason other than death and who on so ceasing is not entitled to any pension under this Act: Provided that in relation to this paragraph (b)- (i) contributions paid by the mine worker prior to the passing of " The Coal and Oil Shale Mine Workers (Pensions ) Acts Amendment Act of 1968 " shall not be refunded; and (ii) no refund shall be made unless the mine worker concerned has after the passing of " The Coal and Oil Shale Mine Workers ( Pensions ) Acts Amendment Act of 1968 " contributed to the Fund in respect of two years at least. (6) Where the Tribunal refunds to any person any contribution to the Fund pursuant to subsection ( 5) of this section it shall determine the period or periods of service in respect of which the contributions refunded were made and shall forward a copy of its determination to the person concerned.". (2) Subsection (1) of this section shall be deemed to have come into force as from the first day of July, one thousand nine hundred and sixty-seven and shall have retrospective effect accordingly. 21. Ratification . The estimate made by the Tribunal under the Principal Act of the amounts required by the Fund for the period of twelve months commenced the first day of July, one thousand nine hundred and sixty-six, for payment of pensions and other sums chargeable upon or payable out of the Fund and for the provision of a reserve in connexion with the Fund, the directions given by the Governor in Council as respects the amounts of such reserve to be provided in that period, and the payment by the Treasurer to the Tribunal in respect of such period are hereby ratified and for all purposes of the Principal Act such estimate shall be deemed to have been made, such directions given and such payment deemed to have been made in accordance with the provisions of the Principal Act. 22. Repeal of and new s. 26. The Principal Act is amended by repealing section twenty-six and inserting in its stead the following section:- " [26.] Actuary. (1) The Minister may from time to time appoint an Actuary.

112 Coal and Oil Shale , Etc. (Pensions ) Acts Amdt Act of 1968, No. 12 (2) The Minister shall cause an investigation and report to be made annually by the Actuary appointed by him upon the assets and liabilities of the Fund. The first such investigation shall be made in the year commencing on the first day of July one thousand nine hundred and sixty-eight."