Common Law Practice and Workers' Compensation Amendment Act 1994 (Qld)

Queensland COMMON LAW PRACTICE AND WORKERS’ COMPENSATION AMENDMENT ACT 1994 Act No. 85 of 1994

Queensland COMMON LAW PRACTICE AND WORKERS’ COMPENSATION AMENDMENT ACT 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF COMMON LAW PRACTICE ACT 1867 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of heading and s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Preliminary 1A Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 13 (Actions how brought) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Replacement of heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Transitional 7 Replacement of s 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 95 Application of amendments made by Common Law Practice and Workers’ Compensation Amendment Act 1994 . . . . . 6 PART 3—AMENDMENT OF WORKERS’ COMPENSATION ACT 1990 8 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 2.1 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Insertion of s 2.1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.1B Meaning of “spouse” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Common Law Practice and Workers’ Compensation Amendment No. 85, 1994 11 Insertion of s 13.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13.7 Application of amendments made by Common Law Practice and Workers’ Compensation Amendment Act 1994 . . . . . 8 PART 4—CONSEQUENTIAL AMENDMENTS 12 Act amended in Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9 AMENDMENT OF LAW REFORM (TORTFEASORS CONTRIBUTION, CONTRIBUTORY NEGLIGENCE, AND DIVISION OF CHATTELS) ACT 1952

Queensland Common Law Practice and Workers’Compensation Amendment Act 1994 Act No. 85 of 1994 An Act to amend the Common Law Practice Act 1867 and the Workers’ Compensation Act 1990 , and for other purposes [Assented to 1 December 1994]

s1 4 Common Law Practice and Workers’ Compensation Amendment The Parliament of Queensland enacts— s4 No. 85, 1994 PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Common Law Practice and Workers’ Compensation Amendment Act 1994 . ˙ Commencement 2. This Act is taken to have commenced on 17 October 1994. PART 2—AMENDMENT OF COMMON LAW PRACTICE ACT 1867 ˙ Amended Act 3. This Part amends the Common Law Practice Act 1867 . ˙ Insertion of heading and s 1A 4. At the beginning of the Act— insert— ‘ Preliminary ˙ ‘ Short title ‘ 1A. This Act may be cited as the Common Law Practice Act 1867 .’.

s5 5 s6 Common Law Practice and Workers’ Compensation Amendment No. 85, 1994 ˙ Amendment of s 13 (Actions how brought) 5.(1) Section 13, ‘wife husband parent and child’— omit, insert— ‘spouse, parent and child’. (2) Section 13— insert— ‘ (2) In this section— “spouse” of a deceased person includes a person who, although not legally married to the deceased person, lived with the person as the person’s husband or wife— (a) for a continuous period of at least 1 year immediately before the death; or (b) if the deceased person left a dependant who is a child of the relationship—immediately before the death. ‘ (3) For subsection (2)— “child of the relationship” means a child of the deceased person and the other person, and includes a child born after the death. “dependant” of a deceased person includes a child born after the death happens who would have been wholly or partially dependant on the deceased person’s earnings after the child’s birth if the person had not died.’. ˙ Replacement of heading 6. Before section 95, heading—

s7 6 s9 Common Law Practice and Workers’ Compensation Amendment No. 85, 1994 omit, insert— ‘ Transitional ’. ˙ Replacement of s 95 7. Section 95— omit, insert— ˙ ‘ Application of amendments made by Common Law Practice and Workers’ Compensation Amendment Act 1994 ‘ 95.(1) To remove any doubt, the amendments of section 13 made by the Common Law Practice and Workers’ Compensation Amendment Act 1994 apply only to a death that happens on or after 17 October 1994. ‘ (2) Subsection (1) is a law to which section 20A of the ActsInterpretation Act 1954 applies. ‘ (3) This section expires 3 years after it commences.’. PART 3—AMENDMENT OF WORKERS’ COMPENSATION ACT 1990 ˙ Amended Act 8. This Part amends the Workers’ Compensation Act 1990 . ˙ Amendment of s 2.1 (Interpretation) 9. Section 2.1(1), definition “spouse”— omit, insert— ‘ “spouse” see section 2.1B.’.

s 10 7 s 10 Common Law Practice and Workers’ Compensation Amendment No. 85, 1994 ˙ Insertion of s 2.1B 10. Before section 2.2— insert— ˙ ‘ Meaning of “spouse” ‘ 2.1B(1) For an injured worker, “spouse” includes a person who, although not legally married to the injured worker, lived with the worker as the worker’s husband or wife— (a) for a continuous period of at least 1 year immediately before the injury happened and who continues to live with the worker after the injury; or (b) if the worker has a dependant who is a child of the relationship—immediately before the injury happened and who continues to live with the worker after the injury. ‘ (2) For a deceased worker, “spouse” includes a person who, although not legally married to the deceased worker, lived with the worker as the worker’s husband or wife— (a) for a continuous period of at least 1 year immediately before the death; or (b) if the worker left a dependant who is a child of the relationship—immediately before the death. ‘ (3) For this section— “child of the relationship” means a child of the worker and the other person, and, for a deceased worker, includes a child born after the death. “dependant” includes— (a) for an injured worker—a child born after the injury happens who is wholly or partially dependent on the worker’s earnings after the child’s birth; and (b) for a deceased worker—a child born after the death happens who would have been wholly or partially dependant on the worker’s earnings after the child’s birth if the worker had not died.’.

s 11 8 s 12 Common Law Practice and Workers’ Compensation Amendment No. 85, 1994 ˙ Insertion of s 13.7 11. At the end of the Act— insert— ˙ ‘ Application of amendments made by Common Law Practice and Workers’ Compensation Amendment Act 1994 ‘ 13.7(1) To remove any doubt, the amendments of this Act made by the Common Law Practice and Workers’ Compensation Amendment Act 1994 apply only to an injury or death that happens on or after 17 October 1994. ‘ (2) Subsection (1) is a law to which section 20A of the ActsInterpretation Act 1954 applies. ‘ (3) This section expires 3 years after it commences.’. PART 4—CONSEQUENTIAL AMENDMENTS ˙ Act amended in Schedule 12. The Schedule amends the Act mentioned in it.

9 Common Law Practice and Workers’ Compensation Amendment ¡ SCHEDULE AMENDMENT OF LAW REFORM (TORTFEASORS CONTRIBUTION, CONTRIBUTORY NEGLIGENCE, AND DIVISION OF CHATTELS) ACT 1952 section 12 1. Section 5(b), ‘wife, husband’— omit, insert— ‘spouse’. 2. Section 8(a), after ‘expressions’— insert— ‘ “spouse”,’. The State of Queensland 1994