Mine Workers' Relief Act Amendment Act 1934 (WA)

No. 42.] Mine Workers' Relief. [1934.

MINE WORKERS' RELIEF.

25° GEO. V., No. XLI.

No. 42 of 1934.

AN ACT to amend the Mine Workers' Relief Act,

1932-1933.

[Assented to 4th January, 1935.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1. This Act may be cited as the Mine Workers' Relief Act

s. 43. Cf., No. 34 of /933, Amendment Act, 1934, and shall be read as one with the Mine

Workers' Relief Act, 19324933 (No. 37 of 1932, as amended by the Act No. 34 of 1933), hereinafter referred to as the principal Act.

Amendment of

s. 19. 2. Section thirteen of the principal Act is amended, as fol-

lows :-

(a)	by inserting at the commencement of subsection (1) the words "subject to subsection (4) of this sec- tion";
(b)	by inserting a subsection after subsection (3), as fol-

lows :-

(4.) Subsection (1) of this section shall not apply to any person in either of the following classes, that is to say

(1) Any person who is employed as a mine worker on the authority of a provisional certificate issued to him by a medical practitioner not appointed for the purposes of this Act under the provisions of

1934.] Mine 117 °1-kers' Relief. [No. 42.

the first proviso to regulation six (e) of the regu- lations made under the Mines Regulation Act, 1906, and in force at the commencement of this subsection, and who subsequently is requireu to cease work as a mine worker, or is prohibited from being further employed as a mine worker by vir- tue of a notice issued and served by the Minis- ter under and in accordance with the provisions of the second proviso to the said regulation six (e), on the ground that he has been found to be suffering from one of the diseases mentioned in regulation six (b) of the said regulations, unless such person shall have been examined by a medical officer or practitioner appointed under this Act, or by the laboratory, within two years immedi- ately preceding the date when he obtained the pro- visional certificate aforesaid, and also prior to such last-mentioned date had been lawfully em- ployed as a mine worker on the authority of a valid certificate given to him consequently upon such examination, either under the provisions of the said regulations or under subsection (3) of section eight of this Act ;

(ii) Any person who is employed as a mine worker on the authority of a provisional certificate issued to him by a medical practitioner not appointed for the pur- poses of this Act under the provisions of the first proviso to regulation six (e) of the regulations made under the Mines Regulation Act, 1906, and in force at the commencement of this subsection, and who upon subsequent examination by a medical officer or practitioner appointed under this Act, or by the laboratory, is found to be suffering from tuberculosis or silicosis in the advanced stage, un- less such person shall have been examined by a medical officer or practitioner appointed under this Act, or by the laboratory, within one year immediately preceding the date when he obtained the provisional certificate aforesaid, and also prior to such last-mentioned date had been lawfully em- ployed as a mine worker on the authority of a valid certificate given to him consequently upon such last-mentioned examination, either under the pro- visions of the said regulations or under subsection (3) of section eight of this Act:

No. 42.] Mine Workers' Relief. 1.1934.

Provided that where any person referred to in either paragraph (i) or paragraph (ii) of subsec- tion (4) of this section is a person to whom sub- section (1) of this section does not apply, then upon such person ceasing to work as a mine worker, or becoming prohibited from being fur- ther employed as a mine worker by reason of a notice issued and served by the Minister under and in accordance with the second proviso to regulation six (e) of the regulations made under the Mines Regulation Act, 1906, such person shall be entitled to receive from the Board, and the Board shall re- pay to him, the amount of all contributions then paid by such person to the Board as a mine worker under this Act.

Amendment of

S. 10. 3. Section sixteen of the principal Act is amended as fol-

lows :—

(a)	by inserting at the commencement of subsection (1) the words "Subject to subsection (3) of this see- tion";
(b)	by inserting after subsection (2) a subsection, as fol-

lows:—

(3) Subsection (1) of this section shall not apply to any person in either of the following classes, that is to say-

(i) Any person who is employed as a mine worker on the authority of a provisional certificate issued to him by a medical practitioner not appointed for the purposes of this Act under the provis- ions of the first proviso to regulation six (e) of the regulations made under the Mines Regula- tion Act, 1906, and in force at the commence- ment of this subsection, and who subsequently is required to cease work as a mine worker, or is prohibited from being further employed as a mine worker by virtue of a notice issued and served by the Minister under and in accordance with the provisions of the second proviso to the said regulation six (e), on the ground that he has been found to be suffering from one of lhe diseases mentioned in regulation six (b) of the said regulations, unless such person shall have been examined by a medical offi ' -er or practi-

19341 Mine Workers' Relief. [No. 42.

timer appointed under this Act, or by the labor- atory, within two years immediately preceding the date when he obtained the provisional cer- tificate aforesaid, and also prior to such last- mentioned date had been lawfully employed as a mine worker on the authority of a valid cer- tificate given to him consequently upon such examination, either under the provisions of the said regulations or under subsection (3) of sec- tion eight of this Act;

(ii) Any person who is employed as a mine worker on the authority of a provisional certificate issued to him by a medical practitioner not appointed for the purposes of tins Act under the provi- sions of the first proviso to regulation six (e) of the regulations made under the Mines Regula- tion Act, 1.906, and in force at the commencement of this subsection, and who upon subsequent ex- amination by a medical officer or practitioner appointed under this Act, or by the laboratory, is found to be suffering from silicosis, whether in the early or advanced stage, unless such per- son shall have been examined by a medical

officer or practitioner appointed appeit4ec1 under

this Act, or by the laboratory, within one year

immediately preceding the date when lie ob- tained the provisional. certificate aforesaid, and

also prior to such last-mentioned date had been lawfully employed as a mine worker on the authority of a valid certificate given to him con- sequently upon such last-mentioned examina- tion, either under the provisions of the said regulations or under subsection (3) of section eight of this Act.

Provided that where any person referred to in either paragraph (i) or (ii) of subsection (3) of this section is a person to whom subsection (1) of this section does not apply, then upon such person ceas- ing to work as a mine worker, or becoming prohibited from being further employed as a mine worker by reason of a notice issued and served by the Minister under and in accordance with the second proviso to regulation six (e) of the regulations made under the Mines Regulation Act, 1906, such person shall be entitled to receive from the Board, and the Board

No. 42.] Mine Workers' Relief. [1934.

shall repay to him the amount of all contributions then paid by such person to the Board as a mine worker under this Act.

Amendment of

9. 26. 4. Section twenty-six of the principal Act is amended by

adding thereto a subsection, as follows :—

(2) Notwithstanding that the moneys and other property of the Mine Workers' Relief Fund 'Incorporated, which have been taken over by the Board, may have been totally expended in paying benefits in accord- ance with the rules of the said association to the employee members of such association, such em- ployee members shall continue to be entitled to re- ceive such benefits out of the fund established under this Act, and the Board shall continue to pay such employee members of the said association the said benefits which they were entitled to receive as such employee members out of the fund established un- der this Act.

Amendment of

e. 48. 5. Section forty-eight of the principal Act (as amended

by the Act No. 34 of 1933) is amended by adding to subsec-

tion (1) a further proviso, as follows:—

Provided further, that where a mine worker referred to in subsection (1) of this section is receiving his work- er's compensation by weekly payments, in accordance with the said Act, and the amount of the weekly pay- ments (including any allowances for children) is three pounds ten shillings per week or less, and such mine worker has a wife living with him, the Board may, if it is of the opinion that such mine worker's case is one of extreme hardship, grant and pay out of the Fund to such mine worker, while he continues to receive his weekly payments of worker's compensation, and while, during such last-mentioned period, his wife continues to live with him, a weekly allowance in respect of his wife not exceeding one pound, but so that the aggregate amount of the total weekly payment which the mine worker is receiving under the Workers' Compensation Act, 1912- 1924, and the said weekly allowance from the Board shall not exceed the amount of the basic wage from time to time ruling hi the district in which the mine worker was residing at the date of his medical examination under this Act which resulted in his being prohibited or noti- fied as aforesaid.

1934.] Mine Workers' Relief. [No. 42.

6.    Section forty-nine of the principal Act (as amended by nA mendment of

the Act No. 34 of 1933) is amended by inserting after the first proviso to paragraph (a) of subsection (1) a proviso, as fol- lows :-

Provided also, that if the weekly sum as fixed by the Board, together with the sum of seven shillings and six- pence for each child is in the aggregate three pounds ten shillings per week or less, and the mine worker has a wife living with him, and the Board is of the opinion that such mine worker's ease is one of extreme hardship, the Board may, whilst the mine worker continues to re- ceive the above-mentioned weekly payment -from the Board, and whilst, during such last-mentioned period, his wife continues to live with him, grant and pay out of the Fund an additional weekly allowance to such mine worker in respect of his wife not exceeding one pound, but so that the aggregate of all the weekly allowances granted to such mine worker under this paragraph shall not exceed the amount of the basic wage from time to time ruling in the district in which the mine worker was residing at the date of ids medical examination under this Act which resulted in his being prohibited as aforesaid.

7.    Section fifty of the principal Act is amended by adding i'Ton"'"eat of

thereto a subsection, as follows :—

(4) A mine worker whose name has been registered as provided for in subsection (2) of this section shall not be entitled thereafter to work underground as a mine worker, and at the same time to retain such registration or the renewal of such registration; and if any such mine worker resumes work underground for any period whatsoever after he shall have been registered as aforesaid, the registration shall forth- with become null and void, and shall be expunged from the register in which such registration ap- pears:

Provided, that the Minister may, in exceptional circumstances, by a notice in writing under his hand exempt any mine worker whose name has been regis- tered under subsection (2) of this section from the provisions of this subsection for such time as shall be specified in the notice.

No. 42.] Mine Workers' Relief. [1934.

Amendment of

s. 63. 8. Section fifty-three of the principal Act (as amended by the Act No. 34 of 1933) is amended by adding to subsection (1) a further proviso, as follows :—

Provided further, that where a person referred to in subsection (1) of this section is receiving his worker's compensation by weekly payments in accordance with the said Act, and the amount of the weekly payments (including any allowances for children) is three pounds ten shillings per week or less, and such person has a wife living with him, the Board may, if it is of the opin- ion that such person's case is one of extreme hardship, grant and pay out of the Fund to such person, while he continues to receive his weekly payments of worker's compensation, and while, during such last-mentioned period, his wife continues to live with him, a weekly allow- ance in respect of his wife not exceeding one pound, but so that the aggregate amount of the total weekly pay- ment which such person is receiving under the Workers' Compensation Act, 1912-1924, and the said weekly allow- ance from the Board shall not exceed the amount of the basic wage from time to time ruling in the district in which such person was residing at the date of his medical examination under this Act which resulted in his receiv- ing notice under subsection (2) of section fifty-one of this Act as aforesaid.

Amendment of

s. 67. 9. Section fifty-seven of the principal Act (as amended by

the Act No. 34 of 1933) is amended, as follows :—

(a)

by inserting in subsection (1) after the word "Act," in line three, the words "or that he has been em- ployed as a mine worker in this State, and has left or is about to leave such employment to engage in pros- pecting";

(b)

by inserting in paragraph (b) of subsection (1) after the word "prospecting," in the last line of the said paragraph, the words "or employed as a mine worker, or has been part of the time employed as a mine worker and part of the time engaged in pros- pecting";

(c)

by substituting in subsection (4) the words "third

proviso" for the words "second proviso" where

they appear after line fifteen of the said subsection.

Citation of principal

Act as amended 10. The principal Act as amended by this Act may be

by this Act. cited as the Mine Workers' Relief Act, 1932-1934.