Workers' Compensation Act Amendment Act 1924 (WA)

No. 40.] Workers' Compensation. [1924.

WORKERS' COMPENSATION.

15° GEO. V., No. XL.

No. 40 of 1924.

AN ACT to amend the Workers' Compensation Act, 1912.

[Assented to 16th January, 1925.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title and 1.

This Act may be cited as the Workers' Compensation Act Amendment Act, 1924, and shall come into operation on a date to be fixed by proclamation, and shall be read as one with the Workers' Compensation Act, 1912, hereinafter re- ferred to as the principal Act.

commencement.

Proclamation of 2.

(1.) It shall not be necessary to proclaim that the whole of this Act shall come into operation on one date, but the sev- eral sections and schedules may be proclaimed to come into operation on such dates as are respectively fixed by procla- mation:

Act ha several sec-

tions.

Provided that, notwithstanding that a date has been so fixed for the coming into operation of any section or schedule, such date may, at any time prior to that date, be postponed to such later date as is fixed by proclamation.

(2.) The Governor may, by such proclamation, limit the operation of section five, so far as it extends to the diseases mentioned in the first column of the Third Schedule set op- posite the words "mining, or quarrying, or stone crushing or cutting" as the description of process, to any defined portion of the State; and may, by any subsequent proclamation, ex- tend the operation as aforesaid of that section to any other defined portion of the State.

1924.] Workers' Compensation. [No. 40.

3. Section four of the principal Act is amended as fol- Amendment er sec. 4.

lows:

(1) By inserting after the word "upon" in the second line in the definition of "Dependents" the words "or wholly or in part supported by."

(2) By inserting in the paragraph relating to "Tribn- ters," after the word "year" in line four, the words "and any wages man employed by the tributer whose rate of remuneration does not ex- ceed four hundred pounds per year," and by the insertion of the words "or wages man" after the word "tributer" in the sixth line.

4. Section six of the principal Act is hereby amended-- Amendment of see. 6.

(1)	By deleting the word "and," in line two, and insert- ing in lieu thereof the word "or," and also by inserting after the word "employment," in line two, the words "or whilst the worker is acting under his employer's instructions."
(2)	By the repeal of paragraph (a) of subsection two, see 1916-21, a. 14.

and the substitution for paragraph (a) of a para-

graph as follows:

(a) The employer shall be liable to pay compen- sation under this Act from the date of the accident;

(3) By the repeal of subsection three, and the substitu- Compensation to inj uzies ms ent iont

d sehedu

tion of a subsection as follows:—	in secon
See Q. 1916-21

(3)

(a) Notwithstanding the provisions of the s. 14 (e).

First Schedule to this Act, the com-

pensation payable for the injuries men-

tioned in the first column of the table

set out in the Second Schedule to this

Act shall be the amounts indicated in the

second column thereof.

Nothing in the said table shall limit the amount of compensation payable for any such injury during any period of total hi- capacity resulting from that injury, but any sum so paid shall be deducted from the com- pensation payable in accordance with tin said tablo.

No. 40.] Workers' Compensation. [1924.

For the purpose of the said table the

expression "loss of" includes "permanent

loss of the use of";

(b)

For the purpose of the said table the expression "loss of" also includes the "permanent loss of the efficient use of," but in such case such percentage of the pre- scribed amount payable as is equal to the percentage of the diminution of the full efficient use, may be awarded, in lieu of the full amount.

(c)

The provisions of this subsection are subject to the proviso that no worker shall in any case (including the case of a worker suffering by the same accident more than one of the injuries mentioned in the Second Schedule) be entitled to receive more than seven hundred and fifty pounds compensa- tion in addition to payment of such ex- penses as are provided for in paragraph (d) of the proviso to section one of the First Schedule, which paragraph is hereby made applicable to workers entitled to com- pensation under this subsection.

(d)

Compensation on

rorkers dying from 5. A section is inserted in the principal Act as follows:—

affected by

ertain industrial

beams. 6a. (1.) Where

Ice Q., 1916-21,	(a)	a worker is suffering from any of the diseases
. 14e and 14n.

T.S.W. 1910, Nol	mentioned in the first column of the Third
1, 3rd Sch.
3c. No. 2750, sag
8-27,	Schedule to this Act, and is thereby disabled from earning full wages at the work at which he was employed; or
Edw. VII., c. 68,

8, and 37d Sch.,	(b)	the death of a worker is caused by any of the
ad order of Store-

ay of State, 22	diseases mentioned in the first column of the
[ay, 1907.	Third Schedule to this Act;

and the disease is or was due to the nature of any em- ployment in which the worker was employed at any time within twelve months previous to the date of the disablement, whether under one or more employers, the worker, or in the case of death his dependants, shall be entitled to compensation in accordance with this Act as if the disease were a personal injury by accident

1924.] Workers' Compensation. [No. 40.

within the meaning of section six, suffered by the worker at the place of his employment, and the provisions of this Act shall apply thereto accordingly, subject, how- ever, to the provisions of this section.

(2.)

The death of the worker shall, if there has been no previous period of incapacity in respect of which the employer is or has been liable under this section, be deemed to be the disablement.

(3.) The disablement shall be treated as the happen-

ing of an accident.

(4.)

If it is proved that the worker has at the time of entering the employment wilfully and falsely represented himself in writing as net ]laving previously suffered from the disease, compensation shall not be payable.

(5.) The compensation shall be recoverable from the employer who last employed the worker during the said period of twelve months in the employment to the nature of which the disease was due.

Provided that-

(i)    the worker or his dependants shall, if so required, furnish that employer with such information as to the names and addresses of all the other em- ployers who employed him in the employment during the said period as he or they may possess.

(ii)    if that employer alleges that the disease was in fact contracted whilst the worker was in the em- ployment of some other employer and not whilst in his employ, he may join such other employer as a party to the proceedings, and if the allega- tion is proved, that other employer shall be the employer from whom the compensation shall be recoverable; and

(iii)    if the disease is of such a nature as to be contracted by a gradual process, any other employers who during the said twelve months employed the worker in the employment to the nature of which the disease was due shall be liable to make to the employer from whom compensation is re- coverable such contribution as, in default of agreement, may be determined in proceedings under this Act for settling the amount of the compensation.

No. 40.] Workers' Compensation. [1924.

The amount of the compensation shall be calcu- lated with reference to the earnings of the worker under the employer from whom the compensation is recover- able.

(6.)

The employer to whom notice of the death or dis- ablement is to be given shall be the employer who last employed the worker during the said twelve months in the employment to the nature of which the disease was due, and the notice may be given notwithstanding that the worker has voluntarily left his employment.

(7.)

(8.) If the worker at or immediately before the dis- ablement was employed in any process mentioned in the second column of the Third Schedule to this Act and produces a certificate from a duly qualified medical prac- titioner that the disease contracted is the disease or one of the diseases in the first column set opposite the de- scription of the process, such disease shall be deemed to have been due to the nature of the employment unless the employer proves the contrary.

(9.) If an employer disputes the medical certificate as set out in subsection (8), the matter shall, in accord- ance with regulations under this Act, be referred to a medical referee.

(10.) The Governor may, by Order in Council pub- lished in the Gazette, declare that any other disease or disease and process shall be included in the Third Schedule to this Act.

Every such order shall on the expiration of three months from the date of such publication, or while in force, have the same effect as if the disease or disease and process named therein were inserted in the said schedule, and this section of this Act shall be read and construed accordingly.

Provided that before any such Order in Council is published in the Gazette it shall be laid before both Houses of Parliament; and if either House of Parliament passes a resolution disallowing any such Order in Coun- cil, of which resolution notice has been given at any time within fourteen sitting days of such House after the said Order in Council has been laid before it, such Order in Council shall thereupon cease to have effect.

1924.] Workers' Compensation. [No. 40.

(11.) A worker coming to Western Australia after the commencement of this section of this Act, and the de- pendents of such worker, shall not be entitled to benefit under this section in so far as it refers to pneumoconiosis and miner's phthisis, until he has lodged with the Regis- trar a certificate from a medical referee appointed under this Act certifying him to be free from pulmonary tuberculosis, pneumoconiosis, and miner's phthisis.

(12.) Nothing in this section shall affect the rights of a worker to recover compensation in respect of a dis- ease to which this section does not apply if the disease is a personal injury by accident within the meaning of this Act.

6. A section is inserted in the principal Act as fol- Notification of disease.

lows :-

6b. (1.) Every employer shall forthwith send written notice to the Registrar whenever it comes to his know- ledge that any worker employed by him is suffering from a disease mentioned in the Third Schedule to this Act, and such notice shall state the name and address of the worker and the time when the disablement began.

Penalty: Fifty pounds.

Whenever a notice under this subsection relates to a disease mentioned in the Third Schedule and marked with an asterisk, it shall be the duty of the Registrar to forward a copy of the notice to the Commissioner of Public Health.

(2.) It shall be the duty of every medical practi- tioner who attends a patient suffering from a disease mentioned in the Third Schedule to this Act, and which he has reason to believe was contracted by reason of the nature of his employment, to notify in writing the Com- missioner of Public Health of the ease within fourteen days after such attendance on a patient.

Penalty: Fifty pounds.

(3.) Every employer shall forthwith send written notice to the Registrar whenever it comes to his knowledge that any worker employed by him has suffered personal in- jury by accident, within the meaning of section six, and such notice shall state the name and address of the worker and the time when, the nature of, and the cause of the accident.

Penalty: Fifty pounds.

No. 40.] Workers' Compensation. [1924.

Amendment of 7. Section seven of the principal Act is amended by

Section 7,

(a)	Deleting the words "and before the worker has voluntarily left the employment in which he was injured" in subsection (a).
(b)	Deleting the word "six" in lines two and four of subsection (b), and substituting therefor the word "twelve."
(c)	Inserting after the word "proceedings," in line three of proviso (b) the words "if it is shown that the employer has not been prejudiced in his defence by such failure or."

Amendment of	8. Section thirteen of the principal Act is amended by
Section 13.

inserting after the word "referees," in line two, the words

"or members of a medical board."

Repeal of Section

14.                   9. Section fourteen of the principal Act is repealed, and

Prohibition of con-	a section is inserted in place thereof as follows:—
See 1912, No. 69,

tracting out.

s. 8 (1). 14. From and after the commencement of this section, the provisions of this Act shall apply and have effect in all cases, notwithstanding any contract to the contrary heretofore or hereafter made or entered into.

Amendment of	10. Section fifteen of the principal Act is amended by the
sec- 15.

deletion of the words "subject to a scheme certified under

section eight."

Insurance obliga-	11. (1.) A section is inserted in the principal Act as fol-
tory.

Q., 1916, No. 35,	lows:—
a. 8.
Vic.,1914, No.2750,

a. 37.

8a. (1.) It shall be obligatory for every employer to obtain from an incorporated insurance office approved by the Minister a policy of insurance for the full amount of the liability to pay compensation under this Act to all workers employed by him.

Any employer who fails to comply with this section shall be liable to a penalty not exceeding five pounds in respect of each uninsured worker employed by him; and, after the date of any conviction for a contravention of this section, he shall from time to time be liable to fur- ther penalties not exceeding twenty pounds for every week during which he fails to comply with this section:

Provided that if an employer proves to the satisfac-

tion of the Minister that such employer has established a

fund for insurance against such liability, and has de-

1924.] Workers' Compensation. [No. 40.

posited at the Treasury securities charged with all pay- ments to become due under such liability, the Governor may, by Order in Council, exempt such employer from the operation of this section.

(2.) Section eight of the principal Act is repealed.

(1.) Section eighteen of the principal Act is amended by inserting after the word "vessel," in line six, the words "or any other premises or property of an employer where an industry is carried on by him"; and by inserting after the word "vessel," in sub-paragraph (a) thereof, the words "premises or property"; and by inserting after the word "appertains," in sub-paragraph (b) thereof, the words "or on which the industry is carried on."

Amendment of see.

18

12.

(2.) Section twenty-one of the principal Act is repealed. heyearof seo.21.

13.	Section one of the First Schedule to the principal Ad	of Vint Schedule.
Amendment of sea./

is amended as follows:

(1)	In sub-paragraph (I) of paragraph (a) in the sixth line of the sub-paragraph the words "six hundred pounds" are substituted for the words "five hun- dred pounds";
(2)	By substituting for paragraph (h) a paragraph as

follows :-

(b) When total or partial incapacity for work re- sults from the injury, a weekly payment during the incapacity not exceeding fifty per centum of his average weekly earnings during the previous twelve months if the worker has been so long employed, but if not, then for any less period during which he has been in the employment of the same employer, together in either case with seven shillings and sixpence per week for each child under the age of sixteen years; such weekly payment not to exceed three pounds ten shillings, and the total liability of the employer in respect thereof not to exceed seven hundred and fifty pounds;

(3) By the substituting for paragraph (a) of the pro-

viso a paragraph as follows:

(a) Where the amount of the average weekly

earnings on which the weekly payment is

to be assessed is thirty shillings or less,

No. 40.] Workers' Compensation. [1924.

the weekly payment shall be an amount equal to the average weekly earnings; and when the amount of the average weekly earnings on which the weekly pay- ment is to be assessed exceeds thirty shil- lings, but is such that fifty per centum thereof would not equal thirty shillings, the weekly payment shall be thirty shillings;

(4) By the deletion of paragraphs (b) and (c) of the

proviso;

(5)

By the deletion of the words "but not exceeding one pound" in paragraph (d) of the proviso, and the insertion of the words "but not exceeding in the aggregate one hundred pounds" in place thereof, and by the insertion in that paragraph after the words "first aid" of the words "and ambulance or other service to carry the worker to a hospital or other place for treatment, and also including treat- ment by specialists when their services are found necessary," and by the insertion of the words "and the provision of artificial limbs" after the word "injury" in line four, and by the addition to the paragraph of the following words : "and in the case of death, funeral expenses not exceeding £20."

(6)

By inserting a paragraph as follows :—

(I)) Where the remuneration of a worker consists of

wages with board or board and lodging, the earnings of the worker shall, for the purposes of this Act, be deemed to be the amount of the wages with the addition of the value of such board or board and lodging to be assessed, but such board or board and lodging shall not be assessed at a sum exceeding thirty shillings per week.

Amendment of see.	14. Section fourteen of the First Schedule is amended by
14 of First

Schedule.	deleting the words "both parties," in line eight of paragraph
(a), and substituting therefor the words "either party," and
by inserting after the word "shall," in line four of para- graph (b), the words " (subject to an appeal to a medical board consisting of three members, which shall have juris- diction to hear and determine such appeal)."

1924.] Workers' Compensation. [No. 40,

15. Section twenty of the said First Schedule is hereby Amendment of s -c . 20 of First Schedule.

amended by the insertion, after the word "agreement" in the third line, the words "or any agreement, whether pur- porting to be made under this Act or not, has been entered into whereby a worker agrees to compound for any claim or right to compensation under this Act."

16. A section is hereby inserted in the said First Schedule Insertion of new section after see. 21

after section twenty-one thereof, as follows :— of Phut Schedule.

21a. From and after the commencement of this sec- tion, no agreement to which section twenty of this schedule is applicable shall be binding on or enforceable against the parties or admitted to be good or valid unless it is registered as‘provided in that section.

17.    The Second Schedule to the principal Act is hereby Inettnigeguli.ew

repealed, and a schedule is hereby substituted therefor as

follows :—

See Q. 1016-21,

SECOND SCHEDULE. s./4c.

TABLE.

Amount

Nature of Injury.	Payable.
£ s. d.

Loss of both eyes .... 750 0 0

Loss of both hands .... 750 0 0

Loss of both feet .... .... ... ' 750 0 0

Loss of a hand and a foot .... .... .... I 750 0 0

Total and incurable loss of mental powers, involving inability

to work .... .... .... .... .... .... .... ' 750 0 0

Total and incurable paralysis of limbs or mental powers .... b 750 0 0

Loss of either arm, or of the greater part. thereof .... ... 675 0 0

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

either hand .... . ... .... 600 0 0

Loss of a leg .... .... 600 0 0

Loss of the lower part of a leg ....	....	5
52625 10 0

Loss of a foot .... .... .... .... .... 0 0

Loss of one eye, with serious diminution of the ;gilt of the other 0 0

*Loss of sight of one eye .... 375 0 0

Loss of hearing .... .... 600 0 0

Complete deafness of one ear 200 0 0

Loss of a thumb .... .... 225 0 0

Loss of a forefinger.... .... .... . ... 150 0 0

Loss of part of a thumb .... .... .... .... 112 10 0

Loss of little finger, middle finger, or ring finger 112 10 0

Loss of a toe or the joint of a finger.... 0 0

Loss of a joint of a toe 75 0 0

* For the partial loss of the sight of one eye there shall be payable such percent-

age of the amount that would be payable for the total loss of the sight

thereof as is equal to the percentage of the diminution of sight.

No. 40.] Workers' Compensation. [1924.

Addition of Third	18: A schedule is hereby added to the principal Act as
Se.ledule.

follows:—

THIRD SCHEDULE.

Description of Disease. Description of Process.

SeeN.S.W.,19A6,No	*Arsenic, phosphorus, lead, mercury,	Any employment involving the use
71 Third Schedule.

V., No. 2750, Fifth	or other mineral poisoning	or handling of arsenic, phosphorus,
Schedule.	lead, mercury, or other mineral,
Q. 1016-21, s. 14A.
See also Order of	or their preparations or com-
Secretary of State,
22 May, 1907, under	pounds.

0 Edw. VII., c. 58. *Anthrax Wool-combing ; wool-sorting ; hand- ling of hides, skins, wool, hair, bristles or 'carcasses.

Zymotic diseases	Medical officer, nurse, orderly, or other person employed in a hos- pital or quarantine station or in an ambulance brigade.
*Poisoning by benzol or its nitro	Any process involving the use of a

and amido derivatives (dinitro-

nitro or amido derivative of

benzol, anilin, and others)

benzol, or its preparations or

compounds.

N.S.W., 1016, No.	*Poisoning by carbon bisulphide	Any process involving the use of
71, Tbird Schedule

carbon bisulphide or its prepara-

tions or compounds.

*Poisoning by nitrous fumes Any process in which nitrous fumes

are evolved.

*Poisoning by cyanogen compounds Any process in which cyanogen

compounds are used.

*Poisoning by carbon monoxide .... Any process in which carbon mon-

oxide is used, or evolved.

*Chrome ulceration ....	Any process involving the use of chromic acid or bi-chromate of ammonium, potassium, or sodium, or their preparations.
Eczematous ulceration of the skin produced by dust, or caustic or corrosive liquids, or ulceration of the mucous membrane of the nose or mouth produced by dust	Any industrial process.
Epitheliomatous cancer or ulcera-	Handling of mineral oils, pitch,

tion of skin or of the corneal sur-	tar or tarry ccmpounds.
face of the eye due to mineral oils, pitch, tar or tarry com- pounds."

Scrotal epithelioma (Chimney Chimney sweeping.

sweep's cancer).

*Compressed air illness Any process carried on in com.

pressed air.

1924.] Workers' Compensation. [No. 40.

THIRD SCHEDITLP—ro,dintted.

Description of Disease. Description of Process.

*Trade spasms and cramps.

Q., 1916-21, sec.

140.

*Pneummtoniosis

N.S.W., 1916, No.

*Miner's phthisis

71, Third Schedule.

*Ankylostomiasis

*Nystagmus .

Subcutaneous cellulitis of the hand

(beat hand)

Subcutaneous cellulitis over the

patella (miner's beat knee) ! or qua or stone

ng, g

Acute bursitis over the elbow (miner's , I crushing or cu ng.

beat elbow) it

Inflammation of the synovial lining o

the wrist joint and tendon sheath

*Dermatitis .

The Third Schedule to the principal Act is amended by the deletion of the words "any distance," and such schedule shall be inserted as the Fourth Schedule. In section nine of the principal Act the words "Fourth Schedule" are substituted for "Third Schedule."	Amendment of
Third Schedule.

19.

20.    All copies of the principal Act to be hereafter printed Principal Act to be

by the Government Printer shall be printed as amended by ran.= "

this Act, under the superintendence of the Clerk of Parlia-

ments, and references to the amending Acts shall be made in

the margin.

In such reprint of the principal Act the sections may be renumbered in arithmetical order, and cross references adjusted, and the short title shall be "The Workers' Com- pensation Act, 19:A2-1924."