Workers' Compensation Act Amendment Act 1941 (WA)

WORKERS' COMPENSATION.

5° and 6° GEO. VI., No. XXXVI.

No. 36 of 1941.

AN ACT to amend the Workers' Compensation Act,

1912-1939.

[Assented to 19th December, 1941.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :-

1. This Act may be cited as the Workers' Compensa- Short title.

tion Act Amendment Act, 1941, and shall be read as one

with the Workers' Compensation Act, 1912-1939 (No. 69 of 1912 as reprinted in the Appendix to the Sessional Volume of Statutes for the year 1937 and amended by Acts No. 50 of 1938 and No. 35 of 1939), hereinafter referred to as the principal Act.

No. 36.] Workers' Compensation,. [1941.

Amendment of

a. 4 of the	2. Section four of the principal Act is amended
grincipal Act

(a)	by deleting from the interpretation of the term "Worker" the words "four hundred" in line two and inserting in lieu thereof the words "five hundred;"
(b)	by adding after the word "writing" in line 14 of the interpretation of the term "Worker" the words "The worker's remuneration shall not include overtime."

New sections 3. New sections are inserted in the principal Act after

section twenty, as follows:—

Medical

Register	20A. (1) For the purposes of this Act the Gover- nor in Council shall appoint a committee, to be called the ''Medical Register Committee" (hereinafter referred to as "the committee") consisting of five members, as follows :—
Committee.

(a)	a judge of the Supreme Court or magistrate of a local court, who shall be chairman;
(b)	two representatives to be nominated by the Governor in Council;
(c)	two medical practitioners registered under the provisions of the Medical Act, 1894, and nominated by the British Medical Associa- tion.

(2)

A quorum shall consist of the chairman and at least one representative nominated by the Gover- nor in Council and one representative of the medical practitioners.

(3) Each member (including the chairman) shall have one vote and, in case of equality of voting, the chairman shall have a casting vote. All questions at any meeting shall be determined by a majority of votes of the members present.

The members shall hold office for two years: Provided that any member appointed to fill any vacancy caused by death, resignation, or removal shall hold office so long only as his predecessor would have done if such vacancy had not occurred.

(4)

Workers'

Compensation	20B. The committee shall establish and keep a
Register to be

Medical	register, to be known as the Workers' Compensation
established.	Medical Register (hereinafter referred to as "the register"). All medical practitioners who are regis-

1941.] Workers' Compensation. [No. 36.

tered, or who become registered, under the provisions of the Medical Act, 1894, shall be registered under the provisions of this section and shall thereupon become subject to the provisions of this Act and the regulations.

20C. A medical practitioner whose name is not itlarls =-

for the time being on the register shall not be en- re rperZtritri

titled to charge, receive, or recover any medical from

expenses or fees for medical or surgical treatment pereostessional

of or attendance on any worker with respect to any

injury for which the worker is receiving or entitled to receive compensation under this Act, unless such treatment or attendance has been rendered or bestowed in a case of sudden emergency.

20D. The committee may, upon complaint in 2,71tot:

writing by the worker, or his employer, or in the inquiri"'

case where a worker is unable for any reason deemed

satisfactory by the committee to make the complaint himself, any near relative of the worker, or any person authorised by the Minister made within twelve months after the occurrence giving rise to such complaint, hold an inquiry into the conduct of any registered medical practitioner with respect to the treatment of or attendance on any worker, or the expenses or fees charged for any such treatment or attendance. As a result of any such inquiry the name of the medical practitioner con- cerned may be erased from the register, either abso- lutely or for a limited period, or a fine or other penalty may be imposed by the committee. No fine imposed by the committee shall exceed fifty pounds and the amount of any such fine may be recovered summarily before any two or more justices of the peace in petty sessions.

For the purpose of this section the phrase "treat- ment of or attendance on any worker" means medical or surgical treatment of or attendance on any worker with respect to any injury for which the worker is receiving or entitled to receive compensation under this Act, and the phrase "any near relative" means, any person who is either the wife, husband, mother, father, sister, brother, or child of the worker and in respect of any child wholly or partly dependent upon the earnings of the worker, the guardian of such

No. 36.] Workers' Compensation. [1941.

child. If the committee dismiss the complaint it may order the person making the same (other than a person authorised by the Minister) to pay to the medical practitioner whose conduct or charge is com- plained of, the costs of and incidental thereto, to be taxed by the Master of the Supreme Court, for which costs the Master shall give his allocatur, and such order may be enforced and such costs recovered by execution or otherwise in the same manner as if the Master's allocatur were a judgment of the Supreme Court for the payment of a liquidated sum of the amount at which such costs are so taxed and allowed.

Regulations	20E. Provision may be made by regulations, to
the functions

concerning

of the be known as the Medical Register Regulations

rommittee.	(a)	for regulating the meetings and proceedings of the committee and the conduct of the business thereof;
(b)	enabling the committee to establish a register providing for the registration of medical practitioners, the removal from the register of the name of any medical practitioner as a consequence of any decision of the com- mittee, and the re-registration of any medi- cal practitioner whose name has been removed;
(c)	providing for the fees and expenses payable to the members of the committee and with respect to establishing and maintaining the register ;
(d)	for regulating the conduct of inquiries by the

committee;

(e) for generally carrying into effect the func-

tions of the committee under this Act.

Committee to

have powers	20F. When exercising its power of inquiry the committee shall be deemed to be a Royal Commission appointed by the Governor within the meaning of the Royal Commissioners' Powers Act, 1902, and that Act (including the penal provisions thereof) shall apply and have effect to and in respect of the committee and any inquiries made by it accordingly.
of Royal
Commission.
Protection of
committee	20G. The committee, or the individual members, shall not be liable to any suit or action, or to pay any claim or demand made or brought by or on
and members.

1941.] Workers' Compensation. [No. 36.

behalf of any person with respect to anything law- fully done or omitted by the committee, or any in- dividual member thereof, under and in accordance with the provisions of this Act.

201-1. Any fees or expenses payable under the c'e tin e:esantd o r;];-

Medical Register Regulations shall be met by the grariedasubjer and

Treasurer as they fall due and paid out of Consoli- gocituPie„deor_

dated Revenue. The total sum so paid in every ris

nic .seoveness _ .ur

financial year shall be recouped from all insurance offices approved, and all employers or groups of em- ployers exempted by Order in Council under section ten of this Act and repaid to Consolidated Revenue. Each such approved insurance office, exempted em- ployer, or group of employers shall be liable to pay a share of such fees and expenses in proportion (in the case of each such approved insurance office) to the amount received in the year as premiums for workers' compensation insurance and (in the case of each such exempted employer or group of em- ployers) to the amount which would have been pay- able by each of them in the year as premiums for workers' compensation insurance if each of them had been insured with the State Insurance Office. The liability of any approved insurance office or exempted employer or group of employers shall be a debt due to the Crown and recoverable as such.

4. The First Schedule to the principal Act is amended. Amendment of amended, First

as follows:—	the prinCiPal
Schedule to

(a) by deleting the first part of paragraph (b) of Act.

clause (1) of the Schedule down to the pro- viso thereto and substituting in lieu thereof the following

(b) When total or partial incapacity for work results from the injury, a weekly pay- ment during the incapacity not exceeding- (i) fifty per centum of the wages of the

worker in the week immediately pre- ceding the accident. If the worker has not been so long employed, his wages, for the purpose of this para- graph, shall be deemed to be a full working week's wages (exclusive of overtime), at the rate of pay for the work at which he was employed at

No. 36.] Workers' Compensation. [1941.

the time of the accident, and the com- pensation shall be computed and assessed accordingly; or

(ii) 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,

whichever is the larger sum.

In addition, seven shillings and sixpence per week shall be payable for each depend- ent child under the age of sixteen years.

Weekly payments, including payments for dependent children, shall not exceed three pounds ten shillings, and the total liability of the employer in respect thereof shall not exceed seven hundred and fifty pounds.

(b)	by inserting in paragraph (a) of the proviso to paragraph (b) of clause (1) of the Schedule the words "the wages or" after the words "the amount of" in lines one and four;
(c)	by inserting in paragraph (b) of the proviso to paragraph (b) of clause (1) of the Schedule the words "the wages or" before the words "the earnings" in line two ;
(d)	by deleting from paragraph (c) of the proviso to paragraph (b) of clause (1) of the Schedule the words "ten shillings and sixpence per day" in line seven and inserting in lieu thereof the words "as hereinafter prescribed in para- graph (d) ;"
(e)	by deleting paragraph (d) of the proviso to paragraph (b) of clause 1 of the Schedule and inserting new paragraphs, as follows :—

(d) The hospital charges referred to in

the preceding paragraph shall not exceed-

(i) ten shillings and sixpence per day for

hospitals situate within a radius of

fifteen miles from the General Post

Office, Perth;

19411 Workers' Compensation. [No. 36.

(ii)    twelve shillings and sixpence per day for hospitals situate elsewhere within the South-West Land Division of the State as defined in the Land Act, 1933; and

(iii)    fifteen shillings per day for hospitals situate in any part of the State other than either of the localities herein- before mentioned.

The charge of twelve shillings and six- pence per day or fifteen shillings per day hereinbefore prescribed shall apply only for the first thirty days during which the worker remains in hospital for treatment, whether such days are consecutive or not. There- after the charges shall be ten shillings and sixpence per day irrespective of the situa- tion of the hospital.

(e) Where a worker is not or is no longer required to remain in hospital or other place for treatment but is required by his em- ployer, his employer's duly authorised agent or medical adviser, or is advised by his own medical adviser, to travel from the place where he resides to a hospital or other place for treatment or medical examination, then, in addition to the compensation payable to such worker under this section, the employer shall pay all reasonable fares and expenses incurred by the worker in such travelling and return, and also a sum not exceeding six shillings per day, but not exceeding the sum of thirty-five shillings per week, to cover the cost of meals and lodging necessarily in- curred by the worker whilst away from his home for the purpose of such treatment or examination.

In any case where no medical adviser is available and a worker travels for treatment without being so required or advised, the employer shall be liable, as hereinbefore prescribed, if the worker proves such travel- ling was necessary in the circumstances of the case.

No. 36.] W o rkers' Compensation [1941.

(f)

by inserting in clause (3) of the Schedule after

the word "amount" in line five the words "of

the wages or ;"

(g)

by deleting from paragraph (a) of clause (14) of the Schedule the word "six" in line four and inserting in lieu thereof the word "fourteen."

Citation of

principal Act 5. The principal Act as amended by this Act may be

as amended. cited as the Workers' Compensation Act, 1912-1941.