Workers' Compensation Act 1926 (NSW)

W ORKERS’ CO^rPENSATION ACT.

Act No. 15, 1926.

An A ct to am end the law relating to W orkm en’s George v.

C om pensation;

con stitu te

W orkers’

No. 15.

Com pensation Com m ission, and to define its jurisd iction , powers, and duties ; to provide for the com pulsory insurance hy em ployers against their liab ilities in respect o f injuries to workers, and also for th e regulation and licensing o f insurers and the deposit by them w ith the Colonial Treasurer o f certain sums ; to establish a fund to m eet the costs o f the adm inistration o f th e Commission, and to pro vide for the contribution thereto by insurers ; to am end th e W orkm en’s Com pensation A ct, 1916, and th e W orkm en’s Com pensation (A m endm ent) A ct, 1920, and to lim it the future operation o f those A cts ; to am end the W orkm en’s Com pensation (Silicosis) A ct, 1920, and certain other A cts ; and for pur poses connected th erew ith . [A ssented to„ 18th March, 1926.1

96 Workers’ Compensation.

George V, T ) E it enacted by the King’s Most Excellent Majesty, No. 15. ])y -with the advice and consent of the Legis

lative Council and Legislative Assembly of New South M'ales in Parliament assembled, and by the authority of the same, as vbllows :—

PART I.

Short title.

1 . (1) This Act may be cited as the “ Workers’

Compensation Act, 1926.”

(2) This Act shall commence on a day not earlier than the first day of July, one thousand nine hundred and twenty-six, to be appointed by the Governor and notified by proclamation published in the Gazette not less than one month before the date of commence ment.

Amendment 2 . TliG Wovkiucn’s Compensation Act, 1916, as

Nô 7i 1916 *i™Pi'̂ ded by the Workmen’s Compensation (Amend-

Scii. I.’

’ meut) Act, 1920, is further amended as follows ;—

Geô v ĉ 42

inserting at the end of paragraph (1) (a) (i) of

s. 24 (2).

’

Schedule One the following furtlier proviso :—

“ Provided further that no deduction shall be

made in respect of the amount of any weekly

payments made under this Act so as to reduce the

sura jiayable in respect of such dependants below

two hundred pounds but under no circumstances

shall the total of the employer’s liability under

this paragraph exceed seven hundred and fifty

pounds.”

Future opera- 3 . (1) The Workmen’s Compensation Act, 1916, as WorkLen’s ^iiiiended by the AVorkmen’s Compensation (Amend-

Compensa- menr) Act, 1920, and this Act, in this Act referred to

AVorkmen’s Compensation Act, shall cease to

pending pro-	ha VC offcct SO far as regards any accident which happens
ceedmgs.	after the commencement of this Act.
(2) Proceedings for the recovery of com pensation for any accident which happened before the commencement of this Act shall, if no proceedings have then been commenced, be commenced under and in accordance with this Act, but the amount of compensa tion jiayable shall be the amount as provided by the AVorkmen’s Comj ensatiou Act.

(3)

Workers’ Compensation,

(3) Proceedings already commenced at the com- George V,

mencement of this Act shall he continued under the "Workmen’s Compensation Act or may he hy consent of the parties at any stage referred to the commission and continued before the commission.

4 . Section two of the Workmen’s Compensation Amendment

(Silicosis) Act, 1920, is amended as follows :—

i9'̂ o''V'2 '

(a) hy omitting from subsection one the words “ or other ” wherever occurring;

Geo. V, c. 14,

s. 1.

■

(h)	hy omitting from subsection one paragraph (i) of the proviso;
(c)	hy omitting from subsection two the words “ disablement due to silicosis unaccompanied hy tuberculosis ” and by inserting in lieu thereof the words “ disablement due to silicosis or to silicosis accompanied by tuberculosis ” ;
(d)	by inserting in paragraph (d) of subsection three after the words “ medical officers ” the words “ medical boax’ds ” ;
(e)	by omitting from paragraph (e) of subsection three the words “ and for the suspension from employment of workmen Avho are found to he sutfering from silicosis or from silicosis

■

accompanied hy tuberculosis ” and hy inserting in lieu thereof tlie words “ for the suspension from employment of workmen Avho are found at any time to be suffering from silicosis or silicosis accompanied hy tuberculosis, or who, Avhen first medically examined in pursuance of the scheme, are found unsuitable for work in the industry or process hy reason of their failure to satisfy such requirements with respect to physique as may he prescribed by the scheme ” ;

(f)	hy inserting in paragraph (f) of subsection three after tlie AA'ords “ supplemental matters ” the woi’ds “ including provisions as to the determination of disputes arising between employers and the authority administering the fund.”

I) 5 .

Workers’ Compensation.

George V,

5 , Nothing in this Act shall affect the operation of

No. 15.

'Workmen’s Compensation (Silicosis) Act, 1920, as

Acte°̂ i920 amended hy this Act, the "Workmen’s Compensation

No. 13,1920 (Broken Hill) Act, 1920, or the Workmen’s Compen- No. .31! 1924 sation (Lead Poisoning— Broken Hill) Act, 1922, as

No. 26. amended by the Workmen’s Compensation (Lead

Poisoning— Broken Hill) Amendment Act, 1924.

Definitions,

6. (1) In this Act, unless the context or subject-

matter otherwise indicates or requires :

“ Commission” means the Workers’ Compensation Commission of New South Wales constituted under this Act.

“ Compensation ” includes medical and death

benefits prescribed hy this Act.

1916 No. 71,

“ Dependants” means such of the members of the

s. 4.	worker’s family as were wholly or in part
cf. Viet. Act,
No. 2,750,	dependent upon the earnings of the worker at
s, 3.	the time of his death, or would hut for the incapacity due to the injury have been so dependent, and includes a person so dependent to whom the worker stands in loco parentis or a person so dependent who stands in loco parentis to the worker.
Where the ivorker, being the parent or grandparent of an illegitimate child, leaves such a child so dependent upon his earnings, or being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, “ dependants” shall include such an illegiti mate child and parent or grandparent respectively.
8. 4.

1916 No. 71,

“ Em ployer” includes any body of persons, cor porate or unincorporate, and the legal personal representative of a deceased employer.

Where the services of a worker are tem porarily lent or let on hire to another person hy the person with whom the worker has entered into a contract of service or apprentice ship, the latter shall, for the purposes of this Act, be deemed to continue to he the employer of the worker whilst he is working for that other person.

Employer

Workers’ Compensation.

Employer also includes any Government George V,

department heretofore or hereafter created, or any Minister, trust, commission, or board exercising executive or administrative func tions on behalf of the Government of the State as for example the Railway Commis sioners for New South Wales, the Sydney Harbour Trust, the Metropolitan Water, Sewerage, and Drainage Board, tlie Water Conservation and Irrigation Commission, the Board of Eire Commissioners of New South "Wales, the ^letropolitan Meat Industry Board, or the Hunter District Board of Water Supply and Sewerage.

“ E und” moans the fund established by this Act.

Incapacity ” shall inclufle disfigurement where it is sufficient to affect the earning capacity of a worker or his opportunities for employment.

‘‘ Injury” means personal injury, and includes a disease Avhich is contracted by the Avorker in the course of his employment, Avhether at or away from his place of employment, and to which the employment Avas a contributing factor, hut does not include a disease caused by silica dust.

“ Insurer” includes any GoAmrnraent department, insurance company, mutual indemnity associa tion, or any person, and each of several persons undertaking to insure or indemnify an employer against liability or any part of liability under this Act for injuries sustained hy Avorkers, or any racing club, association, or employer authorised under this Act to undertake the liability to pay compensation to Avorkers employed hy it or him.

“ Member of a fam ily” means wife or husband, 191g No. 71,

father, mother, grandfather, grandmother, ®

step-father, step-mother, son, daughter, grand

son, grand-daughter, step-son, step-daughter,

brother, sister, half-brother, half-sister.

“ Outworker ”

100 Workers’ Compensation.

George V,

“ Outworker” means a person to whom articles or

No. 15.

materials are given out to be made up, cleaned,

I916N0. 7 ',

I. 4.

washed, altered, ornamented, finished, or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the materials or articles.

Qld,, 6 (!eo.	“ Place of Employment” means the premises, works,
V, No. 35, ■

e. 3.	plant or place for the time being occupied hy or under the control or management of the employer hy whom the worker concerned is employed, and on or at or in connection with which the worker was employed at the time of the injury.
1916 No. 71,

E. 4.	“ Seaman ” includes master, officer, apprentice, pilot, or other person employed or engaged in any capacity on hoard a ship.
im .	“ Ship ” includes every vessel used in navigation

not ordinarily propelled hy oars.

im .

“ Vessel ” includes any ship or boat, or any other

description of vessel used in navigation.

cf. na.

“ AVorkcr ” means any person who has entered into or Avorks under a contract of service or apprenticeship with an employer, whether by Avay of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing, hut does not include—

(a)	any person employed otherwise than hy Avay of manual labour aa Iiosc remunera tion exceeds seven hundred and fifty pounds per year; or

(h) an outworker; or

(d)	a person Avhose employment is casual and who is employed otherwise than for the purposes of the employer’s trade or business.

(2)

Workers’ Compensatioa.

101

(2) Any reference to a worker who lias been George V,

injured shall, where the worker is dead, include a No. 15.

reference to his legal personal representative or to his Worker—

dependants, or other person to whom or for wdiose	•
benefit compensation is payable.

(3) (a) Where any person (in this subsection Contracting referred to as the principal) in the course exf or for the tractiug?” purposes of his trade or business, contracts wdtli anyioieNo. 71 other person (in this section referred to as the

contractor) for the execution by or under tbe contractor of tbe wbole or any part of any work undertaken by tbe principal, tbe principal sball be liable to pay to any worker employed in tbe execution of the w'ork any compensation under this Act wliich he would ha^m been liable to pay if that worker had been immediately employed by him ; and where compensation is claimed from or proceedings are taken against the principal, then, in the application of this Act, reference to the principal shall be substituted for reference to the employer, except that tbe amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom he is immediately employed :

Provided that, where the contract relates to threshing, ploughing, or other agricultural work, and the contractor provides and uses machinery driven by mechanical power for the purposes of such rvork, he and be alone shall be liable under this Act to pay compensation to any worker employed by him on such work,

(b) Where the principal is liable to pay compensation under this subsection, he shall be entitled to be indemnitied by any person who would have been liable to pay compensation to the worker independently of this subsection, and all questions as to tbe right to and amount of any such indemnity sb.all in default of agreement be settled by the Commission under this Act.

(c) Nothing in this subsection sball be con strued as preventing a worker recovering compensation under this Act from tbe contractor instead of the principal,

( d )

102 Workers’ Compensation.

George V,

(d) This subsection shall not apply in any case

No. 15.

-where the injury occurred elsewhere than on, or in , or about premises on which the principal has undertaken to execute the work or which otherwise are under his control or management: Provided that nothing in this paragraph shall affect the liability of the contractor under any other provisions of this Act.

Contracts for	(4)	Where a contract to perform any work
labour.

Qld., 6 Geo.

exceeding five pounds in value (not being work

V, No. 35.

incidental to a trade or business regularly carried on

s. 3 (2).

by the contractor in liis own name or under a firm

name) is made with such contractor who—

(a)	neither sublets the contract nor employs workers; or
(b)	though employing workers actually performs any [>art of the work himself,

such contractor and also such workers so employed shall, for the purposes of this Act, be deemed to be workers employed by the person who made such contract with such contractor.

Rural work.

(6)

(a) Where any person (in this paragraph

referred to as “ the principal”) in the course of or for the purposes of his trade or business enters into a contract with any other person or persons (in this paragraph referred to as “ the contractor ”) under which the contractor agrees—

(i) to supply timber and such timber is obtained or to be obtained from trees felled or to be felled by the contractor or his wages-men (whether such trees are the property of the principal or the contractor or any other person) ; or

(ii) to fell or ringbark trees or cut scrub or haul or load timber or haul and load timber ; or

(iii) to clear land of stumps or logs; or

(iv) to cut sugar-cane ; or

(v) to perform any other work or class of work specified by proclamation of the Governor and published in the Gazette;

and the contractor does not either sublet tbe contract or employ workers, or, though employing workers,

actually

Workers’ Compensation. .

103

actually performs any part of the work himself, the George V,

contractor and any worker so employed shall, for the

purposes of this Act, he deemed to be workers em

ployed hy the j)rincipal.

(b) Where any person (in this paragraph Timber-

referred to as the principal) advertises or otherwise notifies that he will accept timber delivered or supplied to him or his agent or other person in accordance with such advertisement or notification, or advertises or other wise notifies to the abovementioned effect, any person Avho gives notice to such principal that ho will deliver or supply such timber or any part thereof, and receives injury while engaged in or about the work of cutting, delivering, or supplying the said timber or any part thereof shall be deemed to be a worker employed by the principal.

Notice of intention to deliver or supply timber as aforesaid shall indicate the nature of the actual work to be undertaken and the time within Arhich it Avill be performed. The notice shall be given prior to injury and may be given personally or by letter posted to the pi’incipal at his place of business or usual address.

“ Timber ” includes sleepers, piles, poles, girders,

logs, or pit timber.

“ Cutting ” includes felling, sawing, obtaining, preparing, or doing any Avork in connection Avith timber, and “ c u t” has a corresponding meaning.

(6) A salesman, canvasser, collector, or person Salesman,

paid AA'holly or partly by commission shall, for the

purposes of this Act, be deemed to be a Avorker in the (3c), ’ '

employment of the person by whom such commission

is payable, unless such commission is received by the

salesman, canA’asser, collector, or person for or in

connection with Avork incidental to a trade or business

regularly carried on by him or by a firm whereof he is

a member.

(7) Every share-farmer, and every A\mrker, share-farmer.

AA'hether a member of the share-farmer’s family or not, of. W d. s. 3

employed by any share-farmer shall, for the purposes of this Act, be deemed to be a worker employed by the owner of the farm.

(8)

104 Workers’ Cempeasotion.

George V,

(8) Every tributer working in connection with,

No> 19*

any mine as defined by tbe Mining Act, 1906, and also

Tiibuter.

1916 No. 7,	any workers employed by any snch tributer shall, for
s. 8 (5).	the purposes of this Act, be deemed to be workers employed by the person with whom the tribute agree ment ivas made by tbe tributer.

Milling

(9) Any person usually employed aliout a mine or

employees.

in connection with the operations thereof such as a check- weighman, check-inspector (whether local or general), cavil scrutineer or a pickman or boy sball, notwith standing that his remuneration is provided wholly or partly by the workers employed at the mine, for the purposes of this Act, be deemed to be a worker employed by the person by or for whom the mine is being worked.

Jockey.	(10) A jockey engaged to ride for fee or reward in
Qld., 6

Geo. V,	any horse or pony race run under the management of
No. .S.i,	any racing club or association or engaged, whether for
s. 3 (.3a).	fee or reward or gratuitously, in riding work on the racecourse or other premises of any such body, shall for the ])urposes of this Act be deemed to be a worker employed by such club or association.

Bailees,	(11) A person engaged in plying for hire with any
Geo. V, c. 4?,

cf. 13 & 14	vehicle or vessel the use of which is obtained from the
s. 9 (2).	owner thereof under any contract of bailment, other than a hire purchase agreement, in consideration of the payment of a fixed sum, or a siiare in the earnings or otherwise, sball for tbe purposes of this Act be deemed to be a worker employed by the owner of the vehicle or vessel.

Caddies, and

(12) A person Avhose employment is of a casual

otlieis.	nature, and who is employed otlierwise than for tbe
I6id.	purposes of his employei’’s ti’ade or business, if employed for the purposes of any game or recreation, and engaged or paid through a club, shall for tlie purposes of this Act be deemed to be a worker employed by the club if tbe club is a limited company, or if it is not, by tbe secretary or members of tbe managing committee thereof.
authority.

Public

(13) The exercise and, performance of the powers

1916 No. 71,

and duties of a local or other public authority shall,

B. 4.

for the purposes of this Act, be treated as the trade or

business of the authority.

(14)

Workers’ Compensation.

lt)5

(14)

Any person employed in couneetion with

George V,

a pastoral or agricnltural occupation, as cook, cook’s

No. 15.

help, or hut-keeper, shall, notwithstanding that his cooh ami

remuneration is provided wholly or partly hy the othei 5.

employees in any such occupation, for the purposes of

this Act, he deemed to he a worker employed hy the

person by or for whom the work in any such occupation

is undertaken.

PAET II.

,	Compensation.

7 . (1) A worker who receives personal injury—

Liability of

(a)

in the course of his employment, whether at to"wcXe7s

or away from his place of employment; or

for irjuries.

(b)

without his own default or wilful act, on the place of abode and his place of employment,

(and in the case of the death of the worker, his dependants) shall receive compensation from his employer in accordance with this Act.

Compensation shall not be payable in resjiect of an injury received during any substantial interruption of, or deviation from the journey referred to in paragraph (b) of this subsection, if the interruption or deviation is for a reason unconnected with the worker’s employment.

(2)	Compensation shall be pajmble in respect cf. i.s & u

of any injury resulting in the death or serious and permanent disablement of a worker, notmthstanding that the worker was, at the time when the injury was received, in a place not directly concerned with his employment, but forming part of the employer’s premises, or acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the worker for the purposes of and in connection with his employer’s trade or business.

(3)

106 Workers’ Compensation.

George V,

(3) Provided that—

(a)	the employer shall not he liable under this Act

'Iriod'̂

in respect to any injury which does not disable a worker for a period of at least three days from earning full wages at the work at which he was employed. But if he is disabled for that period, the compensation shall date from his receiving the injury;

Serious	(h) if it is proved that the injury to a worker is
ami wilful

misconduct,	solely attributable to the serious and wilful
cf. 6 ltd.	misconduct of the worker, any compensation
V II, c. GS,	claimed in respect of that injury shall, unless
s. 1 (2) (c).	the injury results in death or serious and permanent disablement, he disallowed;

Scif-iiiiiictca	(c) no compensation shall be payable on account
in ju ry ,

cf. (ieo. \ ’,	of any injury to or death of a worker caused
No. 35.
hy an intentional self-inflicted injury.

Industrial	(4)	Where the injury is a disease which is of
disease.

cf i!))o such a nature as to he contracted hy a gradual process

N o . 7 1 , H 12. compensation shall he payable hy the employer in

whose employmimt the worker is or who last employed

the worker.

Any employers who, during the twelve months preceding a worker’s incapacity, employed him in any employment to the nature of which the disease was due, shall he liable to make to the employer hy whom com pensation is payable such contributions as, in default of aftreement, may he determined hy the commission.

The worker, or his dependants, shall furnish to the employer from whom compensation is claimed such information as to the names and addresses of all the other employers who employed the worker during the twelve months preceding the injury as he or they may possess.

(5)	Bor the purposes of sections forty-four and

fifty-three of this Act the injury shall be deemed to

have happened at the time of the worker’s incapacity.

Cunvasseis,

(6) Where a salesman or other person referred to

in ssiihsection six of section six is entitled to compensa

tion under this Act, all the employers hy whom he was

engaged

Workers’ Compensation.

107

engaged at the time of the injury shall he liable to con- George V,

tribute to the compensation payable in such proportion

as, in default of agreement, may be determined by the

eommission.

The worker or his dependants shall furnish to any employer from whom compensation is claimed, such information as to the names and addresses of all the other employers hy whom he was engaged at the time of the injury, as he or they may possess.

8. (1) Where death results from the injury, and the Coinpensa.

worker leaves any dependants wholly dependent upon

his earnings, the amount of compensation payable by (Death),

the employer under this Act shall he—

(a)	a sum equal to his earnings in the employment of the same employer during the four years next preceding the injury, or the sum of four liundred pounds, whichever of those sums is the larger, but not exceeding in any case eight hundred pounds.

The amount of an;̂ weekly payments made under this Act, and any lump sum paid in redemption thereof or any lump sum paid as compensation under this Act, shall he deducted I'eath following

from such sum, hut no such deduction shall he

u&u

made so as to reduce the amount payable in

8. 24 ( 2),

respect of the dependants of the worker under

this subsection below two hundred pounds.

If the period of the worker’s employment hy the employer has been less than the said four years, then the amount of his earnings during the said four years, shall be deemed to be two hundred and eight times his average weekly earnings during the period of his actual employment hy the employer;

0̂ )	in addition there shall be payable hy the employer a sum of twenty-five pounds in respect of each child under the age of sixteen years who was dependent on the worker’s earnings.

(2)	Where death results from the injury and the neat a-

worker does not leave any dependants wholly dependent utTondaVue.''' upon his earnings, hut leaves dependantspart 1̂ '® '■y-.''!*-' c. 58, S ch .I

dependent

( i) (a i(2 ) .

308

Workers

6ampensation.

George V, dependent upon liis earnings, the compensation payable

No. 15.

|jy employer under this Act shall be such sum, not exceeding in any case the amount payable under para graph (a) of subsection one of this section, as may be agreed upon, or in default of agreement, may be determined, by the commission, to be reasonable and proportionate to the injury to the said dependants.

Death ot	(3)	Where death results from the injury and the
minor

Jcaviri" no

worker being a minor leaves no dependants, but during

dependatits.

̂ period of six moutlis preceding the injury has con tributed the major portion of his earnings towards the maintenance of the home of the members of his family, such member's of his family shall be deemed to be dependants of the worker, and the compensation payable by the employer under this Act shall be a sum not exceeding in any case four hundred pounds, as may be agreed upon, or in default of agreement may be determined by the commission to be reasonable and proportionate to the injury to such members of his family

Where death results from the injury and the

epeiK. ..	leaves no dependants, the compensation payable by the employer under this Act shall be reasonable burial expenses not exceeding thirty pounds.
Total or	0 , ( 1 ) Subject to tlic provisions of this section and of scction ten, where total or partial incapacity for work results from the injury the compensation payable by the employer under this Act shall include :—
incapacity,

(a)

a weekly payment in respect of the worker during the incapacity which shall not exceed sixtj'-six and two-thirds per centum of his average weekly earnings for the previous twelve months if he has been so long employed by the employer, but if not, then for any less period during which he has been in the employment of the same employer.

The compensation payable under this para graph shall not exceed three pounds per week, and, in the case of an adult worker, shall not be less than two pounds per week ;

(b)

Workers’ Compensation.

109

(b)

in addition to tbe compensation payable under George V, during the incapacity of—

(i) one pound per week in respect of tbe wife of the worker totally or mainly dependent on the earnings of the Avorker; and

(ii) eight shillings and sixpence per week in respect of each child of the Avorker under the age of fourteen years totally or mainly dependent on the earnings of the AA'orker.

(c)	in addition to the compensation payable under other

paragraph (a) a Avcekly payment during inca

pacity—

‘

(i) Avhere no compensation is payable to a AAmrker under subparagraph (i) of para

’	graph (b), of one pound per week in respect of one adult totally or mainly dependent on the earnings of the
Avorker; and
(ii)	Avhcre no compensation is payable to a Avorker ixnder subparagraph (ii) of para graph (b), of eight shillings and sixpence por AATck in respect of each brother and sister under tbe age of fourteen years totally or mainly dependent on the earnings cf the worker.

(2) The total Avcekly payment by the employer Limit of

under subsection one of this section shall not exceed a

sum equal to tbe average Aveekly earnings referred to in

paragraph (a) of that subsection, or the sum of live

pounds, Avhichevcr is the smaller amount.

(3) The total liability of an employer in respect Total

of compensation under this section shall not, except in the case of a worker Avhose injury results in total and permanent disablement, exceed one thousand pounds in any one case.

(4) "Where the weekly payments during total Minora,

incapacity of a Avorker Avho is under twenty-one years. of age at the date of the injury, and Avhose average weekly earnings are less than forty-five shillings, are

110 Workers’ Compensation.

George V,	to be determined, paragraph (a) of subsection one of this
No. 15.	section shall be read as if the words one hundred per centum had been substituted for the words sixty-six and two-thirds per centum, but tbe compensation per week awarded under that paragraph shall in no case exceed thirty shillings.

Medical

1 0 . (1) Where total or partial incapacity for work

benefits.	results from the injury the compensation payable by the employer shall also include the cost of such medical, surgical and hospital treatment as may in the opinion of the commission reasonably be required to relieve the worker from the effects of the injury.
(2) The treatment shall include nursing, medicines, medical and surgical supplies, crutches, artificial members and other curative apparatus, and the treatment shall be continued for three months if required or for such further time as the commission directs,

(3) The cost to the employer shall be limited to

fifty pounds unless the commission otherwise directs.

(4) If the employer fails to provide promptly the treatment, the worker may do so at the expense of the employer, but he shall not be entitled to recover any amount expended by him for such treatment or services unless he has requested the employer to furnish the same and the employer has refused or neglected to do so.

(5) The fees and charges for the treatment shall be limited to such charges as prevail in the same community for similar treatment of injured persons.

(6) The commission may if it thinks fit direct a change of doctor or treatment when in its judgment a change is desirable or necessary.

Partial

1 1 . In the case of partial incapacity, the weekly

incapacity.	payment shall in no case exceed the difference between
6 Ed. V II,
c. 58,	the amount of the average weekly earnings of the
Sch. I (.8).	worker before the injury, and the average weekly amount he is earning, or is able to earn, in some suitable employment or business, after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper.

Workers’ Compensation.

1 2 . If a worker, who has so far recovered from the George V,

injury as to be fit for employment of a certain kind, proves to the satisfaction of the commission that he has taken all reasonable steps to obtain, and has failed toueiueans

obtain such employment, and that his failure to obtain

such employment is a consequence, Avholly or mainly, of ( '’.o. v, c. 4_>,

the injury, the commission shall order that his incapacity	>8-
shall continue to he treated as total incapacity for such period, and subject to such conditions, as may he pro vided by the order, without prejudice, however, to the right of review conferred hy this Act.

13 . In fixing the amount of the weekly payment. Allowances regard shall he had to any payment, allowance, or lienetit wo.-k'cr;‘

which the worker may receive from the employer during “	‘'s
the period of his incapacity.

14 . Ifor the purposes of the provisions of this Act Computation

relating to “ earnings ” and “ average weekly earnings ”

of a worker, the following rules shall be observed ;—■

earnings.

(a) Average weekly earnings shall he comjmted in such manner as is best calculated to give the rate per Aveck at which the Avorker Avas being; remunerated :

Provided that AAdiere hy reason of the short ness of the time during Avhich the Avorker has been in the employment of his employer, or tin* terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the aA'erage Aveekly amount Avhich, during the tAvelve months previous to the injury, Avas being earned by a person in the same grade, employed at the sanre Avork, by the same employer; or, if there is no person so employed, by a person in the same grade employed in the same class of employment, and in the same district.

(b)	'Where the Avorker has entered into concurrent lUd. contracts of service Avith tAvo or more employers under Avhich he Avorked at one time for one sueh cm])loyer, and at another time for another such employer, his average Avcckly earnings shall

112 Workers’ Compensation.

George V,	be computed as if bis earnings under all such
No. 15.	contracts were earnings in tbe employment of the employer for ivliom he was working at the time of the injury.

(c)	Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the worker was employed at the time of the injury, uninterrupted by absence from work due to illness, strikes, lockouts, tempestuous weather, or any other unavoidable cause.

6 Ed. V II,

c. 58, Sch. I

(d) Where the employer has been accustomed to

( 2).	pay to the worker a sum to cover any special expenses entailed on him by the nature of his •employment, the sum so paid shall not be reckoned as part of the earnings.
Casuals.

1920 No. 45,

s. 4.	worker, who has worked under successive con tracts of service with two or more employers in the same industry, shall be computed as if his earnings under all such contracts, for a period of twelve months preceding the injury or any less period he may have been engaged in the industry, were earnings in the employ ment of the employer for whom he was working at the time of the injury.
Such average weekly earnings shall be deemed to be not less than the weekly living wages declared by the statutory authority to be payable in the area in Avhich the injury occurs, and the compensation shall be com puted and assessed accordingly.
U ntil a separate declaration is made by the statutory authority as to the living wages to be paid to persons engaged in rural occupa tions, the living wages for other adult males or females for the time being in force in the area in which the injury occurs, shall, for the purjioses of the computation and assessment of comjiensation, be deemed to be the living wages paid to the male or female workers engaged in such occupations.

(f)

Workers’ Compensation.

118

(f)

Upon request of an injured worker to the George V,

employer liable to pay compensation under

15.

this Act, the employer shall furnish in

writing a list of the earnings of that AVorker J3 ̂14

upon which the amount of a\^erage weekly Geo. v, c. 42,

earnings may be calculated for the purpose of determining the amount of any weekly pay ment under this Act.

15 . (1) Subject to this Act, the liability in respect Redemption

of any weekly payment may, with the consent of the plj ênts worker, be redeemed either in whole or in part by the either in payment of a lump sum, determined by the commission,

having regard to the injury, age, and occupation of the worker at the time of the occurrence of the injury, as well as to his diminished ability to compete in an open labour market.

(2) An agreement as to the redemption of a weekly payment by a lump sum shall not, nor shall the payment of the sum payable under the agreement exempt the person by whom the weekly payment is payable from liability to continue to make that weekly payment unless such sum has been determined hy the commission in accordance with this Act.

(3) Such lump sum may, hy agreement or order of the commission bo invested or otherwise applied for the benefit of the person entitled thereto.

16 .

(1)

Notwithstanding the foregoing provisions of Cempensa.

this Part the compensation payable by the employer for cei tahi the injuries mentioned in the first column of the table in.iuries. hereunder set forth shall, if the worker so elects, when

the injury results in total or partial incapacity, be the	• ’ • ’
amounts indicated in the second column of that table.
(2) Nothing in subsection one of this section shall, except Avhen an election has been made under that subsection, limit the amount of compensation pay able for any such injury during any period of total incapacity resulting from that injury, but any sum so paid shall be deducted from the compensation payable in accordance with the table.
(3) Section fifteen shall not apply to any payment under this provision save that any such payment

114 Workers’ Compensation.

George V, payment may, by agreement or by order of tbe com-

No. 15.

mission, be invested or otherwise applied for tbe benefit

of tbe person entitled thereto.

(4)	For tbe purpose of tbe said tal)le tbe

expression “ loss of ” includes “ permanent loss of the

use of.”

(.5) For the purpose of tbe said table the expression “ loss o f ” also includes tlie “ permanent loss of the efficient use o f” but in such case a percentage of the prescribed amount payable, equal to the per centage of the diminution of the full efficient use, may he awarded in lieu of the full amount.

(6)	No worker shall in any case (including the

case of a worker sustaining by the same occurrence more than one of the injuries mentioned in the table) be entitled to receive more than one thousand pounds compensation in addition to payment of such expenses as are provided for in section ten, which section is hereby made applicable to workers entitled to com pensation under this section.

TABLE.

Amount

Nature of injury.

^^aya')le.

Loss of either arm, or of the greater part thereof

...

G75 0 0

Loss of lower part of cither arm, either hand, or five

fingers of either hand

...

COO

Loss of a leg

...

GOO

Loss of the lower part of a leg

...

5G2 10

Loss of a foot

...

525 0 0

Loss of sight of one eve, with serious diminution of the

sight of the other

...

675

*Loss of sight of one eye

...

375

Loss of licariiig

...

GOO

Complete deafness of one car

...

200

Loss of a thumb	...	...	...	...	...	...	225	0	0
Loss of a forefinger	...	...	...	...	...	150	0	0

Loss of joint of a thumb ...

...

112 10 0

Loss of little finger, middle finger, or ring linger

...

112 10 0

Loss of a toe or the joint of a finger

...

Loss of a joint of a toe

...

* For the partial loss of the sight of one eye tlicre shall bo payable such percentage of the amount tliat would be payable for the total los.s of the sight thereof as is equal to the percentage of the iliminution of siglit.

Workers’ Compensation.

115

17 . Unless otherwise authorised by the commis- (Jeorge V,

sion, compensation shall be paid by the employer to the

worker at the employer’s usual place of payment of payment,

wages, or be delivered or sent by registered post to tbe

worker’s address.

PAET III. Insurance.

18 . (1) Every employer shall obtain from an compulsory

insurer licensed under this Act to carry on business in iuaurance.

the State, a poliey of insurance or indemnity for the full

amount of his liability under this Act to all workers

employed hy him and shall maintain such policy in

force :

Provided that the commission may authorise any Scif-insurers.

employer to undertake the liability to pay compensation to his own workers who furnishes to the commission a certified copy of liis balance-sheets for his last three trading years, and such other particulars as may he required. The commission may at any time upon notice to the employer concerned, and consideration of such evidence as he desires to submit, review and continue, suspend or terminate, any such authority as it may deem expedient.

“ Employer” in this proviso includes a racing club

or association.

(2)	No insurer shall, except with the consent of

the commission, given after due inquiry into the circum stances, refuse to issue such a policy of insurance or indemnity to any employer Avho has complied with the prescribed conditions:

Provided that an insurer who confines his operations to indemnifying one employer, or a group of employers engaged in one industry, trade or business, in respect of the liability to workers under this Act or at common law, shall not be required to issue a policy in respect of the liahility of any other employer whatever, even if engaged in the same industry, trade, or business.

The

116 Workers’ Compensation.

Georgfi V,

The operations of a racing or recreation club shall,

No. 13.

fQj.

purposes of tliis subsection, be deemed to be its

trade or business.

, ,

Insurance(3) Every policy of insurance or indemnity c f 'v k t Act iiitlemnifying an employer against bis liability under No. 2,750, ’this Act sball contain only such provisions relating

s. 31.	thereto as are prescribed, but may contain such other provisions relating to liability under any other Act or Common-wealth Act or at common law as are appropriate to any particular case.
Any contravention of this provision sball not annul such policy or diminish or affect tbe liability of tbe insurer to the person insured under such policy.
Every such policy sball provide that tbe insurer sball as well as tbe employer be directly liable to any worker insured under such policy and in the event of bis death, to bis dependants, to pay tbe compensation for which an employer is liable, and that tbe insurer sball be bound by and subject to any order, decision, or award made against the employer of such worker under tbe provisions of this Act.
Penalty.	(4) Every employer or insurer who fails to comply with any provision of this section sball be liable to a penalty not exceeding one hundred pounds, and after the date of conviction of any such failure to comply be sball fi’om time to time be liable to further jienalties not exceeding twenty pounds for every week during wliicli be continues to make default in compliance with any such provision.

(5)	I t sball be sufficient defence on any

prosecution under this section instituted within twelve months from tbe commencement of this Act, if the person charged pi’oves that be is insured by an insurance company carrying on business in tbe State against tbe full amount of bis liability to pay compensation under this Act to all workers employed by him.

Joint policy.

(6) Where a principal and a coutractor, or two or more principals, are liable to pay compensation in respect of tbe same worker, it sball be sufficient to obtain a joint policy in respect of such liability. Tbe premium

chargeable

Workers’ Compensation.

3I7

chargeable in respect of such policy sliall not exceed George V,

the current rates for insurance of an employer’s liability

in respect of workers engaged in the same trade,

occupation, calling or industry.

(7)	(a) Every employer applying to an insurer

to issue or renew a policy of insurance or indemnity against liability under this Act shall supply to the insurer a full and correct statement of all wages paid to workers in his employment during the period relevant to the determination of the premium payable by him for such policy of insurance.

(b)	Any employer who fails to supply such

full and correct statement of wages in respect of any such period shall be guilty of an offence against this Act.

1 9 . (1) Within three months of the commencement peiiositsby

of this Act every insurer carrying on the business of workmen’s compensation insurance in the State at the time of the commencement of this Act, or who after the said commencement commences to carry on the business of insurance of employers against their liability to their Avorkers under this Act or at common laAV, shall deposit Avith the Colonial Treasurer a sum of monej’’ Avhich shall he determined as follows; —

Where the premium income of the insurer from

such business in the State, during the tAA'elve No.*̂ 2b ’

months next preceding the commencement of this '*• *'

Act, after deducting local reinsurances—-

did not exceed ten thousand pounds—

the deposit shall be

...

£6,000

exceeded ten thousand pounds—

the deposit shall be ...

... £10,000

In a case Avherc a first deposit of six thousand pounds has been made, the insurer shall make a return to the Colonial Treasurer, in each year on. such day to be appointed hy the Colonial Treasurer, of his premium income from the business of insuring employers against their liability under this Act or at common laAV during the tAvelve months preceding, after deducting local reinsurances, and if and Avhen such premium income after such deductions has

increased

118 Workers’ Compensation.

George V,

increased so as to exceed ten thousand pounds, the

No. 15.

insurer shall increase his deposit •with the Colonial

Treasurer to the sum of ten thousand pounds.

In the case of an insurer commencing to carry on business in the State after the commencement of this Act, the initial deposit to be made by him shall be six thousand pounds.

(2)	I f any insurer carries on any sueh business

in contravention of the provisions of this section the insurer or his attorney shall be severally liable to a penalty not exceeding one hundred pounds for every day during ■\vhieh such business is carried on.

Compulsory

(3) Ko licensed insurer shall, except Avitli the

reinsurance.

pf	commission, I’efuse to enter into a

contract of reinsurance ivith any other licensed insurer in respect of such proportion of the total liahility covered hy a policy of insurance issued under the jirovisions of this Act, as does not exceed the amount of liahility retained hy the insurer ■who issued the prime policy.

The reinsurance commission payable to a licensed insurer in respect of such reinsurance contracts shall be ten per centum of the premium payable.

A licensed insurer shall have the right at all reasonable times to inspect the books and all documents of the ceding insurer so far as they in any way relate to any contract of reinsurance entered into by such licensed insurer.

(4)	Subsection tbree of this section shall not

apply to—

(a)	a racing club, association, or employer, authorised under this Act to undertake the liability to pay compensation to workers employed by it or him ; or
(b)	an insurer who confines his operations to indemnifying one employer, or a group of employers engaged in one industry, trade or business, in respect of the liability to Avorkers under this Act. The operations of a racing or recreation club shall for the purposes of this paragraph be deemed to be its trade or business.

(5)

Workers’ Compensation.

119

(5)	The operation of subsection three of this George V,

section may he suspended hy the Governor on the recommendation of the commission for such period as may he deemed proper if tlie Governor is satisfied that a scheme of reinsurance is in force among insurers, is equitable in its operation, and is unlikely to cause undue hardship to any insurer.

Any such suspension shall be notified hy proclamation

published in the Gazette.

20 . In the case of an emjiloyer authorised to under- Amount of

take the liahility to pay compensation to his own workers, the amount of the deposit shall, subject to the requirements of the preceding section, be determined by the commission, having regard to the insurance premiums payable in respect of the same, or any similar trade, occupation, calling or industry.

“ Employer ” in this section includes a racing club

or association.

2 1 . (1) Every sum of money deposited with the investmentg

Colonial Treasurer hv an insurer pursuant to this Act tieposits. shall he invested and re-invested from time to time as y_ k’o. peso,’

occasion requires in New South Wales stock of such s. 4.]	’
currency and hearing interest at such rate as arc in force for the time being in respect of such stock issued to ordinary investors.

(2) The interest on all snch stock shall be paid

to tlie insurer depositing the sum of money.

(3) Theinvestmentandredemptionshallheatpar.

2 2 . (1) Notwithstanding anything in this Act, the Alternative

obligation imposed hy this Act upon an insurer to giving' deposit with the Colonial Treasurer any specific sum of security, money may he satisfied in whole or in part by the

deposit hy the insurer of securities of equal value issued

by the State or the Commonwealth.

(2) The value of any such securities shall, for the purposes of this section, be deemed to be the face value thereof : Provided that, if the market value of any securities deposited by an insurer under this section is at any time below par, the Colonial Treasurer may, at his discretion, and from time to time, require the insurer to deposit further securities to such an amount

that

120 Workers’ Compensation.

George V, that the total market value of all the securities deposited

No. 15.	insurer equals the amount of the deposit required to be made hy the insurer.
(3) Every security so deposited with the Colonial Treasurer shall (unless it is negotiable) bear or be accompanied by an assignment in blank executed by the insurer making the deposit.
(4) Every reference in this Act to the sum of money required to be deposited with the Colonial Treasurer shall be deemed to include, mutatis mutandis, a reference to any securities substituted in whole or in part therefor under the authority of this section, and the Colonial Treasurer may, if he thinks fit, convert any such securities into money by sale, hypothecation or othei’wise, for the purpose of satisfying any such final judgment against the insurer making the deposit as is mentioned in section twenty-four of this Act.

Where share	2 3 . (1) I f it is proved to the satisfaction of the
capital of a

company is	Colonial Treasurer that any insurer, if a company, has
acquired by	acquired the share capital of any other insurer, being a
some other
company one	company, and that such companies arc under a common
deposit may	management in Australia, a deposit as required by this
suffice.
S.A. Act,	Act by the acquiring insurer shall, if the Colonial
15 Goo. V,	Treasurer so certifies, be a sutficient compliance Avith
No. 1,659,
8. 6.	the requirements of this Act.

(2)	For the purpose of computing the sum of

money required by this Act to be deposited by the acquiring insurer, the premium income of that insurer shall be deemed to be the sum of the premium incomes of the acquiring insurer and of the company whose share capital was acquired.

Application

2 4 . (1) Subject to this Act, the Colonial Treasurer

of deposits.	hold every sum of money deposited under this Act upon trust for the payment and satisfaction of all final judgments given against the insurer making the deposit in respect of all insurance policies and contracts issued and entered into by the insurer in the State relating to the liability of employers to their workers under this Act or at common law, which judgments are not otherwise satisfied.
laid. s. 7.

(2)

W(»:kers’ Compensation.

121

(2)	No sum of money deposited with the George V,

Colonial Treasurer under this Act shall be liable to b<i attached or levied upon or made subject to any debts of or claims against the insurer making the deposit, except as mentioned in the next preceding subsection.

2 5 . (1) If any insurer who has deposited with tlujRetumof

Treasurer a sum of money under this Act ceases to 'leposits.

carry on business of insurance of employers against the

liability to their workers under this Act in the State, No. i.eso’

the insurer may withdraw the sum so deposited :—

(a)

on the expiration of three months after servic(? on the Colonial Treasurer of a notice in writing duly signed hy or on behalf of the insurer stating that the insurer has ceased to carry on such insurance business in the State; and

(b)

on satisfying the Colonial Treasurer that the insurer has not from the date of the service of the notice carried on such insurance business in the State; and

(c)

on satisfying the Colonial Treasurer that all the liabilities of the insurer in the State in respect of such insurance arc fully liquidated or provided for.

(2)	The Colonial Treasurer shall cause every

notice served on him under this section, and also his decision 'with regard to the proposed withdrawal to he published at the cost of the insurer in such manner as he thinks fit.

2 6 . . The allegation in any complaint under this Act Evidence, that any body or association therein named is a n s. lo. incorporated body under any Act shall be prima facie

evidence of the fact alleged.

27 . Upon application in the prescribed form accom- Licensing of

panied hy evidence that the deposit required by this Act has been made, the commission may grant to tin? applicant a license to carry on in i\‘ew South Wales the business of insurance of employers against their liability to tlieir workers under this Act and at common law. Such license shall remain in force until terminated under this Act.

W ith

122 Workers’ Compensation.

George V,

AVitli tlie application shall also be lodged a return of

No. 15.

premium income of the applicant from Avorkmen’s compensation business during the twelve months pre ceding the commencement of this Act, verified hy statutory declaration.

oniconser'̂

2 8 . (1) If it is at any time alleged in a complaint in the prescribed form to the commission, that the insurer is unable to meet his liabilities or that a person licensed as an insurer has failed to comply Avith any material provision of this Act, or is persistently acting in breach of any provision of this Act, the commission

.	may give notice in the prescribed form to the insurer calling upon him to shoAv cause why his license should not he terminated or suspended.

(2) The commission shall hear evidence in support and in ansAver to the complaint, and after due inquiry shall decide Avhether or not the license should he terminated or suspended giving reasons for the decision.

(3) The decision of the commission to terminate or suspend any license granted under this Act, shall not be carried into effect until the time for lodging an appeal against the decision has expired, nor Avhile any appeal against the decision is pending.

(4) Notwithstanding the provisions of sections thirty-six and thirty-seven of this Act, an appeal from any decision giA'en hy the commission relating to insurers under any of the provisions of this Act shall lie to the Supreme Court.

Such appeal shall he instituted by notice of appeal filed Avithin thirty days after receipt of Avritten notice of the decision from the commission, and shall he by AAmy of special case as prescribed by rules of court.

(5) Any party to the proceedings before the

commission may appeal from its decision.

(6) On the hearing of the case the court shall be at liberty to draw from the facts and documents stated in the case any inference, Avhether of fact or law, which might have been drawn therefrom if proved at a trial.

(7)

Workers’ Compensation.

123

(7)	If it appears to the court that the facts George V,

necessary to enable the question submitted to he determined are not sufficiently set forth in the case or that such facts arc in dispute, the court may direct all such inquiries to he made or issues to be tried as it deems necessary in order to ascertain such necessary facts, ai d, if it deems fit, may amend the case. Any such inquiry may he made before a judge of the court or the Master in Equity.

(b) In every appeal under this section the costs of the appeal, including the costs of any issue therein, shall he in the discretion of the court.

(9) Eor the purposes of this section the court

may be holden before one judge only.

(10) Any notification of the cancellation of any license under this Act shall be published by the commission in the Gazette, and any notification so published shall he prima facie evidence that the license has been cancelled.

29 . (1) No person shall carry on tlic business

insurance of employers against their liability to their	'
workers under this Act or at common law after his license in that behalf has been cancelled, unless or until a fresh license as an insurer under this Act has been granted to him.
(2) No person whose license has been cancelled shall thereafter, unless or until a fresh license so to do has been granted to him under this Act, do any act or perform any function whatsoever for which a license is required ;mdcr this i\ct.

3 0 . The commission may refuse to license under

this Act any insurer wliosc license issued under this ucen.se. license subject to such conditions as it thinks fit, subject to a right of appeal in either case in such insurer in manner provided in section twenty-eight.

PART

124 Workers’ Compensation.

George V,

No. 15.

PAET IV.

W orkers’ Compensation Commission.

Appointment	3 1 .	(1) There shall be a Workers’ Compensation
of com

mission,

Commission which shall consist of a chairman and two

cf. 1924

other members appointed from time to time by the

No. 24, 3. 5.

Q.	Qye^,jjor.

The provisions of the Public Service Act, 1902, shall

not apply to the appointments.

(2) (a) The chairman shall be a barrister-at-law of five years’ standing, and shall have the same rank, title, status, and precedence, and the same salary and rights as a judge of the district court.

(b) The chairman shall be the ‘‘ permanent head ” within the meaning of the Public Service Act, 1902, and any Act amending the same.

(8)	The salaries of the members, other than the

chairman, shall he fixed hy the Governor.

(4) The members of the commission, other than the Chairman, shall he appointed for a term of seven years, and shall be eligible for reappointment.

On the occurrence of a vacancy an appointment shall be made for the remainder of the unexpired term of the vacant office.

(5) A member of the commission may he sus pended or removed for misbehaviour or incompetence, as follow s;—

(a)	A member of the commission may be sus pended from his office by the Governor for misbehaviour or incompetence, but shall not he removed from office except as hereinafter provided.

The Minister shall cause to be laid before Parliament a full statement of the grounds of suspension Avithin seven days after such suspension if Parliament be in session and actually sitting, and when Parliament is not in session or not actually sitting, within seven days after the commencement of the next session or sittintr.

(b)

Workers’ Compensation.

H25

(b)

A member of the commission suspended under George V, each House of Parliament within twenty-one days from the time when such statement has been laid before it, declares by resolution that the said member ought to be removed from office, and if each House of Parliament Avithin the said time does so declare, the said member shall be removed by the Goveimor accordingly.

(6) A member of the commission shall be

deemed to have vacated his office if he—

(a)	engages in New South Wales during his term of office in any paid employment outside the duties of his office;
(b)	becomesbankrupt, compounds with his creditors, or makes an assignment of his salary for their benefit;
(c)	absents himself from duty for a period of fourteen consecutive days, excejrt on leave granted by the Governor, or becomes incapable of performing his duties ;
(d)	resigns his office, by writing under his hand, addressed to the Governor.

(7) No act or proceeding of the commission shall be invalidated or prejudiced by reason only of the fact that at the time when such proceeding or act aa’us taken, done, or commenced, there AA'as a vacancy in the office of any one member.

3 2 . (1) The commission shall be a body corporate, Bo.iy

with perpetual succession and a common seal, and may

sue and be sued in its corporate name ; and shall, for the no	.̂ 2i ŝ. 5 .
purposes and subject to the provisions of this Act, be capable of purchasing, holding, granting, demising, disposing of, or otherwise dealing Avith real and personal jiroperty, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. The corporate name of the commission shall be “ The Workers’ Compensation Commission of New South Wales.”

(2)	At any meeting of the commission at AA’h i c h

all tlu’ee members are present, the decision of a

majority

126 Workers’ Compensation.

George V, majority of the members shall be the decision of the

No. 15. commission : Provided that the chairman alone shall

decide any question of law, and provided that either the chairman or a majority of the commission may refer any question of law for the decision of the Supreme Court in accordance with the provisions of section thirty-seven.

Quorum.

(3) Any two members of the commission shall be a quorum, and, subject to the next following provi sion, shall have all the powers and authority by this Act conferred upon the commission.

Differences of

(4) If at any meeting of the commission, at

opinion.

which two members only are present, such members differ in opinion upon any matter, tlie determination of such matter shall be postponed until all the members

’	are present.

No action or	(5)	No action or suit shall be brought or main
suit against

members of	tained against any person who is, or at any time has
commission.	been a member of the commission for anything done or omitted by him pursuant to the duties imposed upon him by this Act, nor shall any action, suit, or other proceeding lie against him, nor any costs be payable by him in respect of any proceeding before the commission.

Minutes of (6) The commissiou shall cause minutes of its

m eetings, &c. jggjgjons to be kept upon the official papers, and cause

minutes to be kept of the proceedings at formal meet ings, and an annual report of its work and a statement of accounts to be prepared and presented to Parliament through the Minister.

^ d'eputy"*̂"*̂

(7) In case of the illness, suspension, or absence

’	of any member of the commission, a deputy may be appointed by the Governor to act for such member during his illness, suspension, or absence; and every such deputy shall have the immunities and shall, during the time he acts as deputy, have all the powers and authority of such member.

of̂ offictirTand

3 3 * ( 0 Por the juirposc of Carrying out the powers,

employees, duties, authorities, and obligations conferred or imposed

cf. 1924 No. upon the commission by this or any other Act, the

24, s. o, commission, with the approval of the Minister of the department concerned, may make use of the services of anv of the officers and employees of the public service.

‘

(2)

Workers’ Compensation.

127

(2) The staff of the commission shall he George V,

appointed under and he subject to the provisions of the

Public Service Act, 1902.

staff under

rublic

Xo such appointment shall he made w ithout the Aot7 i902.

concurrence of the commission.

(3) The commission may appoint any officer of the commission to act as deputy or assistant registrar, and to perform any duty or exercise any power of the registrar for such period as it deems necessary.

(4) The commission may appoint, employ, and Casual

dismiss such casual employees as it deems necessary for the purposes of this Act, and may fix wages and con ditions of employment where these are not fixed in accordance with the provisions of other Acts.

(5) Every person appointed under this Act Secrecy,

who without lawful excuse reveals any matter or thing which has come to his knowledge in his official capacity shall he guilty of a misdemeanour, and shall he liable to imprisonment for any term not exceeding two years with or without hard labour.

(6) Any member of the commission who at the Members date of his appointment was, or is, an offieer of the foî pubUc public service shall, in the event of his office on the service,

commission being discontinued, or in the event of the dissolution of the commission, he eligible on the recommendation of the Public Service Board to be appointed to some office in the public service not lower in classification and salary than that which he held at the date of his apjiointment to the commission.

34. The commission, for the purpose of conducting Application

any inquiry, investigation or hearing under this Act,

shall have the same powers and authority to summon Act, i923.

witnesses and receive evidence as are conferred upon

a Commissioner appointed under Division 1 of Part II

of the Koyal Commissions Act, 1923; and the said Act,

section thirteen and Division 2 of Part II excepted

shall, mutatis mutandis, apply to any witness or person

summoned hy or appearing before the commission or

any member or person to whom the powers of the

commission have been delegated under this Act.

158 W ^kers’ Compensation.

George V,

3 5 . l?oi’ the purpose of conducting an inquiry.

No. 15.

investigation or hearing under the authority of this Act,

Delegation

which it may he inconvenient for all or .any of the

0 powers.	pf the commission to he present, the commis sion may delegate any of its powers or functions to any one member of the commission, or to any fit person, but the decision of any matter in dispute shall be detemiincd hy the commission.
Jurisdiction.	3 6 . (1) The commission shall have exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Act, and the action or decision of the commission shall he final.
(2) Nothing in subsection one of this section shall prevent the commission from reconsidering any matter which has been dealt with hy it, or from rescinding, altering or amending any decision or order previously made, all of which the commission shall have authority to do.
(3) The decisions of the commission shall be upon the real mei’its and justice of the case, and it shall not he bound to follow strict legal precedent.
(4) Without limiting the generality of the provisions of subsection one of this section, the jurisdic tion of the commission shall extend to determining—

(a) the question whether an injury received hy a worker entitles him to comjjensation under this Act ;

(b)	the existence and degree of incapacity for work hy reason of an injury ;
(c)	the permanence of disablement hy reason of an injury ;
(d)	the degree of diminution of earning capacity hy reason of an injury ;

(e) the amount of average earnings of a worker ;

(f)	the existence, for the purpo.se of this Act, of the relationship of any member of the family of a Avorker as defined by this A c t ;

(g) the existence and extent of dependency.

(5)

Workers’ Compensation.

129

(5)	(a) IThere an award or order of tlie com- George V,

mission for the payment of money has been entered np

or made in favour of anv person, the registrar of

commission, upon the application or such person or of respect of

his solicitor or agent, sliall issue and deliver to such

person, solicitor, or agent a certificate in tlu' prescribed or.ier.

form or to the like effect, and shall make a minute or

memoraudum thereof against the entry of the aAvard

or order.

(h)	Such person may file, or cause to ho Certificate

filed, the said certificate iu any district court having

jurisdiction within the district where the delitor resides, coart.

when the registrar shall enter judgment for such

person for the amount of tlic certificate together Avith

the fees paid for such certificate to the registrar of the

commission and the fees paid for filing such certificate

and entering judgment.

3 7 .

commission shali be vitiated by reason or a n y be final,

informality or Avant of form, or he liable to he

challenged, appealed against, reA'iewed, quashed, or

called in question hy any court of judicature, on any

account AAdiatsoever.

(1) No

aAvard, order, or proceeding of th e '^‘ ciaion of

(2) No Avrit of proliilAition or certiorari shall lie in respect of any award, order, proceeding, or direction of the commission relatim; to, or on the face of the proceedings appearing to relate to any matter arising out of this Act.

(3) The validity of any proceeding or decision of

the commission shall not he challenged in any manner

howsoever.

•

(4) When any (j^uestion of laA v arises in any Commission

proceeding before the commission, the commission may of its oAvn motion, state a case for the decision of the Supreme Court thereon,

(5) The Supreme Coui't for the purpose of

hearing any such case shall consist of three judges, and	.
shall have power to make such order as it thinks fit in regard to the costs of and incidental to any case so stated.

(6)

180 Workers’ Compensation.

Ceorge V,

(6) Tlie judges of the Supreme Court, or any

No. 15.

two of them, may also make rules with regard to the setting down of any case for argument, and the hearing and decision of the same, and its return with the decision of the Supreme Court thereon.

(7) The decision of the Supreme Court upon

the hearing of any such case shall be binding upon the

commission and upon all the parties to such proceeding.

Proceedings

of commis

38. The commission may—

sion.

(a)

conduct its proceedings in public cr private as it may think l i t ;

(b) adjourn the proceedings to any time or })lace;

(c)	summon a medical referee to sit with the commission as an assessor;
(d)	submit to a medical referee or medical hoard for report any matter which seems material to any question arising in an arliitration ; and
(e)	make rules regarding all matters of procedure and practice, and prescribe i'orms to he used, scales of fees and costs to he ])aid to barristers and attorneys ; expenses to be paid to witnesses, and the fees payahie in any proceedings ;

(f) make rules for the purpose of—

(i) enabling persons to take or defend, or ho a party to, proceedings liefore the com mission as poor persons ; and

(ii) regulating the practice and procedui’o and all matters rtdating to fees and costs in connection with such proceedings.

Tlic expression “ poor person ” means any person who is not Avorth fifty pounds, excluding furniture to the value of tAventy pounds, his wearing apparel, tools of trade, and the subject- matter of the proceedings to Avhich he is a party.

Commission	39. The commission shall—
to assist all

parties.

(a) furnish workers and employers Avith informa tion as to their rights and liabilities in respect of injurie.s sustained hy Avorkers in connection with their emplovment;

Workers’ Compensation.

131

(b)	bring parties to agreement where dispute has

make all reasonable efforts to conciliate and George V, injured workers.

40. I f on any proceedings for the recovery under illegal

this Act of compensation for an injury, it appears to the

commission that the contract of service or apprenticeship

under which the injured person was engaged at the	’
time when the injury happened was illegal, the commission may, if, having regard to all the circum stances of the case, the commission tliinks it proper so to do, deal with the matter as if tlie injured person had at the time aforesaid been a worker under a valid contract of service or apprenticeship.

41. (1) There shall he a fund belonging to andcm s t im t io n

vested in tlie commission, in this Act called “ the fund,”

from which shall he paid all moneys required for̂ ;̂,'ĝ ̂

the salaries of the members of the commission and its ««•

staff and all other moneys required for carrying out the

provisions of this Act.

(2)	The commission shall in each year make

an estimate of the amount to he expended out of the fund for the next following year commencing the first day of January: Provided that for the year one thousand nine hundred and twenty-six the commission may make such estimate at any time during that year.

(J) Such estimate when sealed rvith the seal of the commission shall in any proceeding for the recovery of any contribution to the fund he deemed to have been duly made.

(4) Each insurer shall contribute annually to the fund, a sum amounting to a percentage to be fixed by the commission on the total amount of the premiums received by or due to the insurer during the year ending the thirty-first day of December then last past, in respect of insurance of employers against their liability to their workers under this Act or at common law, excluding any part of the premiums actually paid by way of reinsurance to any other insurer contributing under this Act. Such percentage shall be uniform for all insurers.

(5)

Workers’ Compensation.

George V,

(5) The amount of any such annual contribution

No. 15.	shall he paid in quarterly instalments on the first day of .Tanuary, April, July and October in each year or on such other days as the commission may fix.
If any such instalment payahie hy an insurer is not paid within thirty days after any day prescribed or fixed,, the insurer shall he liable to a penalty not exceeding^ fifty pounds.
(6) For the year one thousand nine hundred and twenty-six the contril)ution under this section shall he based upon the premium income of the insurer in respect of insurance against liability under the 'Workmen’s Compensation Act, 1916, as subsequently amended, as shown in the returns furnished hy insurers lodged with applications for licenses.

S’elf-insu rers	(7) An employer authorised to undertake the compensation liability to his own workers shall, in
tions.	respect of any period for which contributions to the fund are payahie hŷ insurers, pay such contribution to the fund as the commission may' deem reasonable, assessed upon the wages paid to workers during any sucli period, having regard to the premium pay^able for such insurance by' employers engaged in the same or anyr similar trade, occupation, calling, or industiy.
Any such employer shall, upon demand, furnish such particulars of the wages paid hy him during any sueh period as may he required by tlie commission.
Rules maŷ he made, amended, varied, or rescinded by' the commission respecting the manner in which snch employers Avho undertake self-insurance shall contribute to the fund.

“ Employer ” in this suhsention includes a racing

club or association.

Returns by	42.	(1) Every insurer shall, in the month of July in
insurers,

cf. 1909 No.	each year, or at such other time as the commission may
9, 8. H9.	notily, send to the commission a return showing the total amount of the premium income received hŷ or due to such insurer in res2>ect of insurance of employers against their liability to their workers under this Act and at common law during the year ending the thirty’- first day' of Eecemher then last past, less any' part of

such

Workers’ Compensation.

133

such premium income actually paid by way of re	George V,
insurance to any other insurers contributing under this	No. 15,;
Act, together with a statutory declaration hy the insiirer, or his manager, secretary, or agent in this State that, to the best of his knowledge, information, and belief, such return is a true return of such amount.
(2) I f any such msurer fails to send such return within the time so prescribed or notified, such insurer shall be liable to a penalty not exceeding five pounds for every day during which such default continues.
(3) If any such return is false in any material particular, such insurer shall he liable to a penalty not exceeding one hundred pounds.

PART V.

General

P rovisions.

43. (1) There sliall be kept constantly posted up in posting

some conspicuous place at or near every mine, quarry,

factory, workshop, or shop, and on every ship to which j.,

this Act ap])lies, where it may be conveniently read hy a <	ino. v, c. 42,
person employed, a summary of the requirements of this Act, with regard to the giving of notice of injuries and the making of claims.
(2) The summary shall he in or to the effect of the prescribed form, and in the event of the summary becoming effaced, obliterated, or destroyed, it shall he renewed with all reasonable dispatch.
(3) In the event of any non-compliance with the provisions of this section, the owner, agent, or manager of the mine or quarry, or the occupier of the factory workshop, or shop, or the master of the ship, shall be guilty of an offence against this Act. Proceedings to recover a penalty for a contravention of this section shall be instituted only by an official authorised by the commission.

.■

(4)

134 Workers’ Compensation,

George V,

(4) The ■want of, or any defect or inaccuracy in

No. 15.

|̂jg notice of an injury required by section fifty-three, shall not be a bar to the maintenance of pi'oceedings for the recovery of compensation if the employer is proved to have had knowledge of the injury from any source at or about the time of the occurrence, or, where the employer is the owner of a mine or quarry, or the occupier of a factory, Avorkshop, or shop—

(a)	if such summary as aforesaid has not been posted up in accordance Avith the provisions of this section ;

■	(b)	if the injury has been reported hy or on behalf of the employer to an inspector of mines or factories ;
(c)	if tlie injury has been entered in any register of accidents kept by or on behalf of the employer at the mine, quarry, factory, work shop, or shop ;
(d)	if. the injury has been treated in an ambulance room at the mine, quarry, factory, Avorkshop, or shop.

Reports of

44. (1) The employer of any worker Avho sustains

injuries.	personal injury in the course of his employment, or on his journey to or from the place of employment, shall, Avhen the injury results in death, or incapacity for AA’ork for a period of three days, notify the commission in Avriting as soon as practicable and furnish full parti culars regarding the cause, nature and extent of the injury, name and address of the Avorker, including his dependants in case of death, also his aA êrage Aveekly earnings, the name of the insurer concerned, and such other information as may he prescribed.
(2) The employer of any such AAmrker shall upon the return to employment, termination of incajAacity of such worker, or from time to time if requested, furnish such further particulars as the com mission may require.
Statistics.	(3) The commission may compile and publish statistics concerning injuries in different industries or occupations from the reports received from employers.

Workers’ Compensation.

135

4 5 . (1) This Act applies, notwithstanding any George V,

contract to the contrary made after the commencement

of this Act.

‘

Xo contract

ing out.

(2) Any contract existinj^at the commencement Qici.,6(;co.y,

of this Act containing a j)royision Avhcrehy a worker	’
relinqnislies any right to compensation under this Act shall, to the extent of such provision on the commence ment of this Act, he determined.

4 6 . (1) This Act applies in respect of an injury scamen,

to a AVorker Avho is a seaman employed on a New South isioxo :i,

Wales ship or a ship Avhose first port of clearanta' and

AA'hose destination are in New Soutli Wales.

(2) In this section the term “ Ncav South Wales

ship ” means any ship AAdiich is—

(a) registered in this Stat(;; or

(b)	OAvned by a body corporate established under tlie laAys of this State or haying its principal office or place of business in this State, or is in the possession of any sueh body corpomte; hy virtue of a charter; or
(c)	OAvned hy any person or body corporate Avhose

chief office or place of business in r(\sp(‘ct of the management of such ship is in this State, or is in the possession of any such person or body corporate by A'irtne of a charter ; or

(d)

injuries to seamen, as provided by tliis section, shall he

subject to the folloAving modifications : —

OAvned hy the CroAvn in respect of the Govern ment of this State, or is in the possession of the CroAvn in that respect by virtue of a charter. (3) The application of this Act in respect of

(a)	the notice of injury and the claim for compensation may, except where the person injured is a master, he served on the master of the ship as if he Avere the employer; hut

Avhere the injury happened, or the incapacity

commenced on hoard the ship, it shall not he

necessary to give any notice of the injury ;

(b)

in the case of the death of the seaman, the claim for compensation shall be made Avithin six months after the news of the death has been received hy the claimant;

(c)

136 Workers’ Compensation.

George V,

(o') Avhere an injured seaman is discharged or left

No. 15.

behind in a British possession or in a foreign country, depositions respecting the circum stances and nature of the injury taken by a jud^e or magistrate in the British possession, or by any British consular officer in the foreign country shall, in any proceedings for enforcing the claim, be admissible in evidence if authenticated hy the signature of such judge, magistrate, or consular official, nithout proof of the signature or official character of the person appearing to ha\n signed such depositions;

(d)	in the case of the death of the seaman, leaving no dependants, no compensation shall be payahie if the owner of the ship is, under any law in force in this State, liable to pay the expenses of burial;
(e)	the weekly payment shall not he payahie in respect of the period during which the owner of the ship is, under any law in force in this State, liable to defray the expenses of main tenance of the injured seaman ;
(f)	any sum payahie hy Avay of compensation shall he paid in full notAvithstanding any limitation of liability in any other laAV ;
(g)	in any proceeding for the recovery of com pensation if it is shoAvn that the ship has, tAvelve months or upwards before the institu tion of the proceeding, left a port of departure, she shall, unless it is shown that she has been heard of Avithin twelve months after that departure, be deemed to have been lost with all hands on board, either immediately after the time Avhen she Avas last heard of, or at such later time as the commission may think probable.

Any duplicate agreement or list of the crcAV made out, or statement of change of the crew delivered to a public officer at the time of the last departure of the ship from a port, or a certificate purporting to he a

certificate

Workers’ Compensation.

137

certificate from a consular or other public George V,-

officer at any port, statin" that certain seamen were shipped in the ship from such port shall, if produced or purporting to be produced from the prop(!r custody be in the absence of proof to the contrary, sufficient proof that the seamen therein named as belonging to the ship were on. board at the time of the loss.

Proceedings for the recovery of compensation shall in such a case he maintainable if the claim is made within eighteen months of the date at wliich the ship is deemed to have been lost with all hands;

(h)

where a claim is made for compensation under tliis Act in respect of any injury to a seaman, and it appears that the claimant is or may he entitled to claim compensation in respect of sucli injury under the Seamen’s Compensation Act, 1911, of the Commonwealth, or any xlct amending it, proceedings for compensation under this Act shall he stayed until the claimant has given to the person from whom he claims such compensation a sufficient undertaking not to institute or continue any proceedings under the said Act or Acts of the Commonwealth.

The sufficiency of such undertaking may he as agreed upon between the parties and, in default of such agreement, it shall he determined by the commission.

(4)	This Act shall not apply to such members

of the erew of a fishing vessel as are remunerated	(2)!	’
wholly or mainly by shares in the profits of the gross earnings of the working of such vessel, exeept in such cases and subject to such modifications as are prescribed.

47. (1) This Aet shall apply to workers employed Workers o£

hy or under the Crown or any Government department to whom this Act would apply if the employer were a

. private person.

■ (2) If a worker elects to make his claim under

. this Act he shall, in the case of death or total and

permanent

1S8	Workers’ Compensation.

George V, perniancnt disablement, in addition to any benefits to

No. 15.

iie is entitled under this Act, be entitled only to a reiund of riie amount of any contributions made by him O'* ‘leductions from his salary or emoluments and paid ro any superannuation account under any other Act. wirli interest thereon at the rate of four per centum fjer annum from the respective dates when such contiiiiuTions or deductions were made.

Deductions

4 8 . (1) No employer shall directly or indirectly

from wages

take oi* I’eceive anv money from a worker whether by

No. 35, s. 17. way

1 deduction from wages or otherwise m respect ot

any li diility under this Act.

(2)	Any money so taken or received as aforesaid

from a worker, whether with the consent of such worker, or n d,, may by him be recovered as a debt from the employer, or person who took or received it.

Bankruptcy	4 9 .	i l) Where any employer has entered into a
of employer.

1916 No. 71,	contract with any insurer in respect of any liability
s. 9.	under this Act to any worker, then, in the event of the employer becoming bankrupt or making a composition or arrangement with his creditors, or if the employer is a company in the event of the company having commenced to be wound up, the rights of the employer against the insurer as respects that liability shall, notvi ithstanding anything in the enactments relating to bankruptcy and the winding-up of companies, be transferred to and vested in the worker.
Upon any such transfer the insurer shall have the same rights and remedies and be subject to the same liabilities as if such insurer were the employer, so however that the insurer shall not he under any greater liability to the worker than the insurer would have been under to the employer.
(2) If the liability of the insurer to the worker is less than the liability of the employer to the worker, the worker may prove for the balance in the bankruptcy or liquidation.
(3) There shall be included among the debts which, under the Bankruptcy Act, 1898, are in the distribution of the property of a bankrupt and in the distribution of the assets of a company being wound up,

Workers’ Compensation.

139

to be paid in priority to all other debts, the amount due	George V,
in respect of any compensation the liability wherefor	No. 15.
accrued before the date of the sequestration order or the date of the commencement of tlie windin^-up, and that Act shall have effect accordingly.
Where the compensation is a weekly payment, the amount due in respect thereof shall, for the purposes of this provision, he taken to be the amount of the lump sum forwhicli the weekly payment should in the opinion of the commission he redeemed.
(4) The provisions of this section with respect to preferences and priorities, sliall not apply where the bankrupt or the company being wound up has entered into such contract with an insurer as aforesaid.
(5) This section sliall not apply where a com pany is wound up voluntarily, merely for the purposes of reconstruction or of amalgamation with another company.

PART VI.

M edical P rovisions.

50. (1) The commission may appoint legally Medical

qualified medical practitioners to be medical referees for the purposes of this Act and the remuneration of, and other expenses incurred by, such medical referees shall, subject to rules made under this Part, be paid by the commission out of the fund.

(2) Mdiere a medical referee has been employed as a medical practitioner in connection with any case by or on behalf of an employer or workman, or by any insurer interested, he shall not act as medical referee in that case.

51. (1) Where notice has been given of an injury Medical

to a worker, or any worker is receiving weekly payments

under this Act, any such Avorker shall, if so required by sch i,

the commission, submit himself for examination by a pars. 4-ii. ’

medical referee or a medical board consisting of two or

140 Workers’ Compensation.

Cieorge V, more medical referees, or an independent medical

No. 15. practitioner nominated by the employer and approved

by the commission, and if be refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceedings under this Act in relation to compensation shall be suspended until such examination

has taken place.

(2) A worker shall not be required to submit himself for medical examination otherwise than in accordance with this Act and rules made by the commission, or at more frequent intervals than may be prescril)ed by t^ose rules.

(3) The medical referee, medical practitioner, or medical board to whom any matter is referred shall, in accordance with rules made by the commission, give a certificate as to the condition of the worker, and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and such other information as the commission may require.

Any such certificate given by a medical board shall

be conclusive evidence as to the matters so certified.

(4) Rules may be made, amended, varied or rescinded by the commission respecting the procedure in regard to the medical examination of injured workers, the manner in which documents are to be furnished or served, and applications made, and the forms to be used for those purposes and as to fees and expenses to be paid for medical examinations and medical treatment.

nehabili-	5 2 .	(1) The commission may draw from the fund
tation of

disabled

such sums as may be necessary for the purposes of the

workers.

vocational re-education and rehabilitation of disabled

workers.

(2) All Government departments shall as far as practicable, render assistance to the commission in giving effect to the purposes specified in this section.

PART

Workers’ Compensation.

141

George V,

No. 15.

PART

V II.

P roceedings respecting Compensation.

53. (1) Proceedings for tlie recovery, under this Time for

Act, of compensation for an injury shall not be m a i n - .

tainahle unless notice of the injury has been given to

the employer as soon as practicable after the happening e. o.	’	’
thereof, and before the worker has voluntarily left the employment in which he was at the time of the injury, and unless the claim for compensation with respect to such injury has been made within six months from the occurrence of the injury, or in case of death, within six months from the time of death:

Provided always that—

(a)

the want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings, if it is found in the proceed ings for settling the claim that the employer is not or would not if a notice or an amended notice was then given, and the hearing post poned be prejudiced in his defence by the want, defect, or inaccuracy or that such want, defect, or inaccuracy, was occasioned by mistake, absence from the State, or other reasonable cause; and

(b)

tbe failure to make a claim within the period above specified shall not be a bar to the main tenance of such proceedings, if it is found that the failure was occasioned by mistake, absenci; from the State, or other reasonable cause.

(2) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause

o f the injury and date on which the injury happened.

(3)	The notice may be given orally, or in writing,

to the employer, or any person designated for the pur

pose by tlie employer, or any foreman or other official u n d er whose supervision the worker is employed. I f

th ere is more than one employer, the notice may be

g iv e n to any one of such employers.

(̂ )

142 Workers’ Compensation.

George V,

(4 ) fo r facilitating the giving of notice o f

No. 15. injuries, a book in the prescribed form shall be kept at

Ge^v^c 4̂>	mine, quarry, factory, Avorkshop or shop, in AAdiich ’ the prescribed particulars of injuries happening to persons employed at the mine, quarry, factory, Avorkshop or shop may be entered by the injured AVorker, or some other person acting on his behalf.
B. 16 (4).
An entry in such book, if made as soon as practicable after the happening of the injury, shall be sufficient notice of the injury for the purposes of this Act.
The book shall be kept at such place as to be readily accessible at all reasonable times to any injured Avorker
A vho AÂas employed at tbe mine, quarry, factory,
AA'orkshop or shop, and any person bona tide acting on his behalf.
8. 5 (3).
1916 No. 71,	(5 ) Notice in undting may be served by delivering the same at, or sending it by post in a registered letter addressed to the residence or place of business of the person on Avhom it is to be served.
Ihid. 4).	(6) ’Where the employer is a body of persons, corporate or unincorporate, the notice may also be served by delivering the same at, or by sending it by post in a registered letter addressed to tlie employer at the office, or if there be more than one office, any of the offices of such body.

Eesidenee

54, If a AA'orker receiving a Aveekly payment ceases

monwraiS."’" rcsidc in the CommonAA'calth of Australia, he shall

I b id . Sch. I, thereupon cease to be entitled to receive any Avcekly

par. 18. payment, unless a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature.

I f the medical referee so certifies, the u'orker shall be entitled to receive quarterly tbe amount of the weekly payments accruing due during the preceding quarter, so long as he proves, in such manner and at such intervals as may be prescribed by rules made by the commission, his identity and the continuance of the incapacity in respect of which the weekly payment is payable.

Workers’ Compensation.

143

55. A weekly payment, or a sum paid by way of George V,

redemption tlu'reor, or a lump sum payable under tliis Act, shall not Ik' capable of being assigned, charged, or attached, and sliall not pass to any other person 'ty jgj'gjj”"’

operation of law, nor shall any claim he set olf a g a i n s t p a i ' . ’io.

the same.

5 6 . unless ]iaid into the commission under this Act, be

(1) Any

S l i m a\varded as compensation shall, tteedpt for

on the receipt of tlie person to whom it is payahie under par. l a	’
any agreement, award, or order.

(2) The solicitor or agent of a person claiming Costs,

compensation i;ii(l> r this Act shall not he entitled to recover from h;m any costs in respect of any proceedings under this Act. o r to claim alien in respect of such costs on, or deduct such costs from, the sum awarded, ordered or agreed as compensation, except such sum as may he awarded hy the commission.

(3) The award may he made on the application either of the person claiming compensation, or of his solicitor or agent, to determine the amount of costs to be paid to the solicitor or agent.

(4) Any sum so awarded shall he subject to taxation hy tin' registrar of the commission and to the scale of costs prescribed hy rules made hy the commission.

57. (1) The payment in the case of death shall, ['ayment into

unless otherwise ordered as hereinafter provided, be

into the office of the commission.

(2) Any sum so paid shall, subject to rules made hy the commission, he invested, applied, or otherwise dealt with by the commission, in such manner as the commission in its discretion thinks fit for the benefit of the persons entitled thereto under this Act.

(3)	The receipt of the registrar of the commission

shall he a sufficient discharge in respect of the amount

paid in.

(4) The [layment in case of death may, if the worker leaves no dependants, he made to his legal personal representative, or if he has no such repre sentative, to the person to whom the expenses of medical attendance and burial are due.

144 Workers’ Compensation.

George V,

5 8 . Where a weekly payment is payable under this-

No, 15.

to a person under any legal disability, tbe commis-

Payment into sion may, on application being made in accordance with Peraon under I’ules made by the commission, order that the disability. Weekly payment be paid during tbe disability into tbe 1916 N o.71,^ office of the commission and the provisions of this Act Sch. I, par. /. rcspect to sums required to be jiaid into the office

of tbe commission shall apply to sums so paid in

pursuance of any such order.

Dependency

59. (1 ) Tile amount paA’able to cacli dependant sliall

questions and ,

j , ,

i i

‘

apportion-	be settled by the commission,
ment.

cf. piirf.

(2) Where there are both total and partial

c . ,par. .	commission may apportion tbe com pensation partly to tbe total and partly to tbe partial dependants.
13& 14	(3) Where a dependant dies before a claim under this Act is made, or if a claim has been made, before an agreement or award has been arrived at or made, the legal personal representative of tbe dependant shall have no right to payment of compensation, and tbe amount of compensation shall be calculated and apportioned as if that dependant bad died before the worker.

Review. 60- (1 ) Any weekly payment may be reviewed by

1916 No.^71, tbe commission at the request of either tbe employer

16. ’ ’ or the worker, and on such review may be ended, diminished, or increased subject to tbe maximum provided by this Act, and tbe amount of payment shall, in default of agreement, be settled by tbe commission.

13 & 14

(2) Where the worker wns at tbe date of tbe

42,

under twenty-one years of age, and tbe review takes place more than six months after the in jury, and before tbe worker attains tbe age of twenty-one years, tbe amount of tbe weekly payment may be increased to such an amount as w ôuld have been awarded if tbe worker bad at tbe time of the injury been earning tbe weekly sum which be wnuld probably have been earning at the date of tbe review, if he had remained uninjured.

’ ""

’

Workers’ Compensation.

145

6 1 . Where it appears to the commission, that, on George V„

account of neglect of children on the part of a widow,

15.

or on account of the variation of the circumstances of

the various dependants, or for any otlier sufficient cause, by wi.iow—

an order of the commission or an award as to the jepemUnts

apportionment amongst the several dependants of any civcum-

sum paid as compensation, or as to the manner in which stances,

any sum payable to any sucli dependant is to be invested, scĥ î par̂ ’

applied, or otherwise dealt with, ought to be varied, the	’
commission may make such order for the variation of the former order or the award, as in the circumstances of the case the commission may think just.

62. (1) Any sum which under this Act is ordered to investment,

he invested may be invested in whole or in part in the ibid. pare. provisions of any statute or regulations respecting the limit of deposits in savings banks, and the declaration to be made by a depositor, shall not apply to such sums.

(2) No part of any money invested in the Withdrawals.

Government Savings Bank of New South Wales under this Act shall be paid out, except under the authority of the commission or the order of some officer of the commission authorised in that behalf.

PART

V III.

R em edies at Common L aw.

63. (1) Nothing in this Act shall affect any civil Negligence,

liability of the employer where the injury was caused	a. 52 (o).
by the jiersonal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible.
(2) In such case the worker may, at his option, proceed under this Act or independently of this Act, but he shall not be entitled to compensation under this Act, if he lias obtained judgment against his employer independently of this Act.

146 Workers’ Compensation.

George V,

64. Where the injury for which compensation is

No. 15.

payable under this Act was caused under circumstances

•̂ 'arnstTotii creating a legal liahility in some person other than the

employer and employer to pay damages in respect thereof—

loifiNo 71	(^)	worker may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act for such compensation, hut shall not be entitled to i-ecover both damages and compen sation ; and
8.10.
(b)	if the worker has recovered compensation under this Act, the person by whom the compensation was paid shall he entitled to be indemnified by the person so liable to pay damages as afore said, and all questions relating thereto shall, in default of agreement, be settled by action, or, with the consent of the parties, by the com mission.

Common	6 5 . (1) Where any injury or damage is suffered by
employment,	-worker hv I’cason of the ne"ligence of a fellow worker,

Oeo. V, s. 67.	employer of those workers shall he liable in damages in respect to that injury or damage in the same manner and in the same cases as if those Avorkers had not been engaged in a common employment.
(2) This section applies to evei’y case in which the relation of employer and Avorker exists, whether tlie contract of employment is made before or after the passing of this Act, and Avhether or not the employment is one to Avhich the other provisions of this Act apply.
(3) “ Employer” in this section includes any Government department or any Minister, trust, commis sion, or hoard exercising executive or administrative functions on behalf of the Government of New South Wales but does not refer to any person who by any provision of section six is deemed to be an employer.

PART

Workers’ Compensation.

147

(Jeorge V,

No. 15.

PART IX.

M iscellaneous.

6 6 . (1) The Governor may make regulations for R,3guiations

carrying out the provisions of this Act, and may in such

rules,

regulations impose any penalty not exceeding fifty

pounds for any hreach thereof.

(2) Such regulations and any rules made hy

the commission shall—

(a) be published in the Gazette ;

(b)	take efPect from the date of publication, or from a later date to be specified in such regu lations or rules; and

■

if Parliament is in session, and if not, then

within fourteen sitting days after the com

mencement of the next session. If either

House of Parliament passes a resolution of

which notice has been given at any time

within fifteen sitting days after such regu

lations or rules have been laid before such

House disallowing any regulation or rule or

■

part thereof, such regulation, rule or part

shall thereupon cease to have effect.

67. Every person who is guilty of an offence against General

this Act for which a penalty is not expressly prescribed shall be liable to a fine not exceeding five pounds for each offence or where the offence is a continuing one to a fine not exceeding five pounds for each day during Avhich the offence continues.

68. All penalties under this Act or the regulations Recovery of

may be recovered in a summary way before a stipendiary or police magistrate, or any two justices in petty sessions.

69. Nothing in this Act shall affect any proceeding saving of

for a fine or penalty under the enactments relating to mines, factories, or shops, or the application of any such fine or penalty.

148 Supply.

George V,

7 0 .

(1) The commission may, on tlie application of

No. 15.

either party, authorise any barrister, attorney, com

Examination	missioner for taking affidavits, or justice of the peace,
1912 No. 23,	whether of Xew South Wales or elsewhere in His
a. 83.	Majesty’s dominions, or any British consul or vice
1901 No. 24,	consul in any place out of His Majesty’s dominions, to
s. 66.	take at some convenient place, the examination of a witness de bene esse, if such witness is absent from Xew South "Wales, is expected to die, or to be unable from sickness or inflrmity to attend at the hearing of any proceeding.
examination

de bene esse.

Medical

(2) The commission may appoint a medical

of workers	practitioner residing outside the State to he a medical
residing
outside	referee for the purpos(?s of this Act, and may require
State.	any worker who is in receipt of weekly payments, oi* claims compensation, under this Act, to submit himself for examination by any such medical referee, at such times as the commission may require, and if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceedings under this Act in relation to compensation, shall he suspended until the commission otherwise orders.