Miners' Accident Relief Act 1900 (NSW)

A c t No. 42, 1900.

A n A c t t o p r o v i d e for a l l o w a n c e s t o p e r s o n s

i n j u r e d b y m i n i n g a c c i d e n t s a n d t h e re la­

t i o n s	of	p e r s o n s	k i l l ed	or	i n j u r e d	b y	s u c h
a c c i d e n t s	;	for	t h a t	p u r p o s e	t o	p r o v i d e	for

c o n t r i b u t i o n s b y o w n e r s of m i n e s a n d p e r s o n s

e m p l o y e d in or a b o u t m i n e s , a n d ou t of t h e

C o n s o l i d a t e d	R e v e n u e	F u n d	;	a n d	for	pu r ­
p o s e s	i n c i d e n t a l	t o	or	c o n s e q u e n t	u p o n	t h o s e

o b j e c t s . [5th November, 1900.]

Assembly of New South Wales in Par l i ament assembled, and by the the advice and consent of the Legislative Council and Legislative au thor i ty of the same, as follows:— BE it enacted by the Queen 's Most Excellent Majesty, by and with

Preliminary.

1. This Act shall commence on the first day of J a n u a r y , one thousand nine hundred and one, and may be cited as the " Miners ' Accident Relief Act, 1900."

2. En this Act, unless the context otherwise indicates,—

" Committee " means committee consti tuted by this Act.
" Mine " means mine to which this Act applies, and includes every

shaft or p i t in the course of being sunk, and every adit, level, or inclined plane in the course of being driven, and all the shafts, pi ts , adi ts , levels, planes, works, machinery, t ramways , and sidings, both below ground and above ground, in and adjacent to and belonging to any such mine.

" Wages " includes all earnings by persons ar is ing from any

descript ion of piece or other work, either above or below ground
in or about the mine.

" The

" Minister " means Secretary for Mines.
" Owner of a mine " means person or body corporate , being the

immediate propr ie tor , or lessee, or the occupier of a mine, and does not include a person or body corporate merely receiving a, royalty, rent, or hue from a mine.

" Prescr ibed " means prescribed by this Act or the regulat ions.

" The board " means the New South Wales Miners ' Accident

Relief Board constituted by this Act.

' ' The fund ' ' means the New South Wales Mine r s ' Accident Relief F u n d established by this Act.

" The regulat ions " means the regulat ions in force under this Act. 3. This Act shall apply to any mine in or about which fifteen

or more persons a re employed.

The committees for mines.

4. F o r each mine there shall be a committee consisting of—

(a) an inspector of mines appointed by the Minis ter ; and

(b)	three persons employed in or about the mine and appointed for the prescribed period by the persons so employed; and
(c)	two persons who may be appointed by the owner of the mine, or his representa t ive , if he thinks fit.

Such committee shall have the powers and duties prescribed, and may exercise those powers or per form those duties al though the committee does not consist of the full number of members .

5. The owner or manager of each mine shall, on pay day, deduct from the amount then payable for or on account of wages in respect of the employment at any t ime since the next preceding pay day of any person in or about the mine the sum of four pence half-penny for each week of such employment, and shall when and as prescribed pay the aggrega te of such sums to the committee for the mine.
6. (1) The committee for any mine may g ran t allowances in accordance with the Schedule to this Act, in case of the death or disable­ ment of any person employed in or about the mine, caused pr imar i ly by any accident occurring af ter the commencement of this Act in or about the working of the mine, and may from time to t ime va ry the amount so gran ted , but so tha t such amount do not exceed tha t specified in the Schedule, and may stop the payment of any such allowance.

rules of any friendly society; and the amount of any such payment shall Any such allowance shall be in addit ion to any payment under the not be affected by the g ran t or payment of an allowance under this Act.

(2) The committee shall pay any allowances so gran ted by it out of any moneys deducted as aforesaid from wages and paid under this Act to the committee, and, so far as such payments a re insufficient, out of any moneys paid for tha t purpose to the committee by the board const i tuted under this Act, and shall each for tnight pay any moneys in i t s hands not required for such allowances into the fund consti tuted by this Act.

(3) Any disposition, t ransfer , or assignment of the whole or

any p a r t of any such allowance shall be null and void.
7. I n the determinat ion of the amount of compensation payable
by the owner of a mine in any action under the Employe r ' s Liabili ty
Act of 1897, any allowances g ran ted under this Act in respect of the

in jury complained of shall be taken into consideration.

The board.

8. A board to be called " The New South Wales Mine r s ' Accident Rebef Board " is hereby constituted.

The hoard shall he a. body corporate , and shall have perpetual succession and a common seal.
9. The board shall consist of six members, who shall be appointed by the Governor, of whom one shall be the chairman of the board, and the other five shall respectively, so far as practicable, be representa t ive of—

(a) the owners of coal and shale mines ;
(b) the owners of other mines ;
(c) the persons employed in or about coal or shale mines ;
(d) the persons employed in or about other mines ; and
(e) the Department of Mines.

10. Fees to such amount not exceeding four hundred pounds for any one year as the Governor may fix shall be paid out of the fund to the boa rd ; and such fees shall be apport ioned among the members of the board as the Governor may think fit.

11. The board—

(a) shall administer the fund vested in it by this Act, and for that purpose may—

i. purchase securities of the Government of New South Wales

or of the Commonwealth of Aus t ra l i a ;

ii. deposit money in any bank doing business in New South Wales and paying dividends; provided that not more than five thousand pounds shall be at any one time held by any one bank on fixed deposi t ; and

iii. realise or vary any such investment.
(b)	shall pay to committees from the fund any moneys necessary for the payment of allowances granted by such commit tees;
(c)	shall in the month of January in each year make up accounts showing the par t icu lars of payments into and out of the fund dur ing the last preceding year, and shall forward such accounts, when audited, to the Minister.

The fund.

12. (1) There is hereby consti tuted a fund vested in and to be

administered by the board and called the " New South Wales Mine r s '

Accident Relief F u n d . "

(2)

(2) There shall be paid into the fund—

(a) by the owner of every mine a sum amounting to ten shillings per head pe r annum on the average daily number of persons employed in or about such mine from the commencement of this Act to the first day of the next quar te r , and thereaf ter from the first to the last day of each q u a r t e r : and such qua r t e r s shall begin on the first day of the months of J a n u a r y , Apri l , Ju ly , and October respectively of each year .

(6) out of the consolidated revenue fund an amount equal to the aggrega te payments by owners of mines under this section;

(c) by the committees the moneys in their hands not required for allowances g ran ted by them respectively under this Act.

Such payments shall be made at the times and in the manner prescribed.
(3) There may also, dur ing the twelve months next following
the commencement of this Act, be paid into the said fund, out of the
Consolidated Revenue Fund , such sum, by way of gift or loan, as the
Governor may think necessary to cover any deficiency in the fund which

might ar ise from the payment dur ing such twelve months of allowances

under this Act.

( 4 ) There shall be paid out of such fund the amounts neces­

sary for the payment of allowances g ran ted by the committees respec­
tively under this Act, and for the payment of the fees of the board.

13. The accounts of the board shall be audited by the Auditor- General or some person duly author ised by him.

The Auditor-General shall have the power to demand any infor­ mation he deems necessary for the purposes of audit .

Such accounts when audited and forwarded by the Board to the Minis ter shall be laid before both Houses of Par l i ament .

14. (1) The Minister shall once in every five years , and may a t such other t imes as he thinks fit, cause an ac tuar ia l examination to be made as to the solvency of the fund.

(2) If the person making such examination certifies tha t the

s ta te of the fund w a r r a n t s that course, the Governor may, by procla­ mat ion in the Gazette, increase the allowances for such period and to such ra t e as he may deem expedient.

(3) If the said person certifies that the said payments and deductions are insufficient for the maintenance of the scale of allowances specified in the Schedule of this Act the Governor may, by proclamation in the Gazette, reduce pro r a t a all allowances g ran ted and to be g ran ted from such da te for such period and to such extent as he may deem expedient. But the Governor may, by proclamation as aforesaid, increase p ro r a t a such allowances so reduced, but so that they do not exceed those prescribed.

Supplemental.

Supplemental.

15. The Governor may make regulat ions—

(a)	for the appointment, by persons employed in or about any mine, of members of the committee for such mine, and pre­ scribing the per iods for which such members shall be so appoin ted ;
(b)	prescribing the applications and inquiries to be made before allowances are granted, and regulat ing the procedure at such inquir ies ;
(c)	prescribing and regulating the furnishing of returns of persons employed in or about a mine, and of deductions made under this Act out of the wages of such persons ;
(cl) prescr ibing and regulat ing the production and inspection of, and the taking of ext racts from, such	r e t u r n s ;
(c)	regulating the receipt, custody and payment of moneys by the committees, and prescribing the accounts to be kept by the commit tees ;

(/') prescr ibing the re turns , accounts, and repor ts to be furnished to the board by committees;

(IJ)	regulat ing payments under this Act by the owner or manager of a mine to a committee, and by the owner of a mine into the fund;
(h)	regulating the payments into and out of the fund, and pre­ scribing the accounts to be kept by the board ;

( 0 prescr ibing the forms to be used in adminis ter ing this Act and

the	regula t ions ;
(j)	regulating the times and places of meeting, and the summoning of meetings, and procedure of the board and of committees, prescr ib ing the quorum at such meeting, and regulat ing the
appointment of chairmen of the committees and of a t emporary chai rman of the boa rd ;
(k)	prescribing the duties of officers employed in (he administration of this Act, and regulat ing the performance of their duties, and prescr ib ing the security to be given by such officers;

(I) imposing any penalty not exceeding five pounds for any breach of the regulat ions.

All such regulat ions shall be published in the Gazette, and laid before both Houses of Par l i ament within fourteen days after such publi­ cation if Pa r l i ament is si t t ing, or if Par l iament is not sitt ing, within fourteen days af ter the commencement of the next session of Par l iament .

2 B 16.

16. The officers of the board shall be appointed by the Governor ;
and the salaries of such officers and, except where otherwise provided,

the expense of ca r ry ing out the provisions of this Act shall be paid out

of moneys appropr i a t ed by Pa r l i amen t for tha t purpose .

17. If the owner or manager of any mine fails to pay, within the period prescribed, any money which he is liable to pay under this Act to the fund or a committee, he shall, in addit ion to such money, pay to the fund or such committee a fine of twenty per centum of the amount of such money.

18. Any member of the board or a committee who, without lawful excuse, fails to comply with any of the requi rements of this Act shall be liable to a penal ty not exceeding twenty pounds.

19. All moneys payable under this Act by the owner or manage r of a mine to the fund or a committee, together with all fines for non­ payment of the same, may be recovered by the board or any member of the committee appointed by the committee in tha t behalf in any Cour t of competent jurisdict ion.

20. All penalt ies provided by this Act or the regulat ions may be recovered before any court of pe t ty sessions.

S C H E D U L E .

Scale and conditions of allowances.

T H E allowances under the Ac t shall be as follows:—

1. Where death results from the accident—

(a) if the deceased was mar r i ed—

(i) a weekly sum of eight shil l ings payable to the widow, if any, while u n m a r r i e d ;

(ii) a weekly sum of two shillings and sixpence in respect of each child, if any,

of the deceased un t i l such child a t t a in s the age of fourteen years , or dies, payable to the widow, if any, d u r i n g her l i fe ; or, if there is no widow, or the widow dies while any such sum is payable, to t he gua rd i an or person hav ing the care of such child.

(iii)	a weekly sum of eight shillings per week payable to the guardian of the
motherless chi ldren of the deceased un t i l no child is below the age of
fourteen y e a r s ;
(iv)	a sum of twelve pounds in respect of the expenses of the funeral of the deceased, payable to any person approved by the commit tee .

(b) I f the deceased was unmar r i ed—

(i) a weekly sum of eight shillings payable to the mother of the deceased during

her life and while she is unmar r i ed , if, in the opinion of the commit tee , she
was at the t ime of his dea th dependent on the deceased for suppor t ;

(ii) if the mother of the deceased is dead, or is not entitled to an allowance, a

weekly sum of eight shil l ings payable to the sister or sisters of the deceased ( sha r ing equally) while such sister or any of such sisters is or are alive and unmar r i ed , if in the opinion of t he commit tee she or they were a t the t i m e of his death dependent on the deceased for suppor t ;

(iii)

(iii) a weekly sum of two shillings and sixpence for each child of the mother of

the deceased, or of the sister or sisters of the deceased, payable to the mother or to the sister or sisters, as the case may be. unt i l such child a t t a ins the age of fourteen years , if in the opinion of the commit tee such mother or such sister or sisters was or were a t the t ime of his death dependent on the deceased for support .

(iv)  a sum of twelve pounds in respect of the expenses of the funeral of the deceased payable to any person approved by the commit tee .

2. Where disablement results from the accident—

a weekly sum of twelve shil l ings payable to the person disabled.

A person shall be deemed to be disabled when he is wholly incapaci ta ted from a t t end ing to his ord inary occupation.