Workers' Compensation Act Amendment Act 1948 (WA)

1948.]

Workers' Compensation.

[No. 77.

WORKERS' COMPENSATION.

12° and 13° GEO. VI., No. LXXVII.

No. 77 of 1948.

AN ACT to amend the Workers' Compensation Aet,

1912-1944.

[Assented to 25th January, 1949.]

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:—

This Act may be cited as the Workers' Compensa- tion Act Amendment Act, 1948, and shall be read as one with the Workers' Compensation Act, 1912-1944 (Act No. 69 of 1912 as reprinted with amendments to and including Act No. 36 of 1941 incorporated, pursuant to the Amendments Incorporation Act, 1938, in Volume 2 of The Reprinted Acts of the Parliament of Western Australia, 1943, and further amended by Act No. 42 of

short

title

1944) hereinafter referred to as the principal Act.

2. cited as the Workers' Compensation Act, 1912-1948.

The principal Act as amended by this Act may be pCritnatcypnaloict

as amended

by this Act.

No. 77.]

Workers' Compensation.

[1948.

Commence-

ment.

3. This Act shall come into operation on a day to be

fixed by proclamation.

4. The principal Act is amended by adding after the

word "cases" in section three, line six, a section as

follows:—

3A. When at the time of the coming into opera- tion of the Workers' Compensation Act Amendment Act, 1948, a worker has been entitled to receive weekly payments for any period of total or partial incapacity in accordance with the provisions of the Workers' Compensation Act, 1912-1944, and that incapacity continues after that time, he shall from that time and during the continuance of that period, be entitled to payments in accordance with the pro- visions of the last-mentioned Act as amended by the first-mentioned Act, but nothing in the first-men- tioned Act shall be construed so as to entitle any such worker to any increase in such weekly payments made or payable before that time.

Amendment

of s. 4.

Section four of the principal Act is amended by

(a)	adding after the word "intended" in line two

the f ollowing:—

"Board" means the Workers' Compensa- tion Board constituted under the pro- visions of this Act;

Cf. Q. Act,

1916-1939,

(b)

adding after the word "dependent" in line six

s.3 (1), and	of the definition "Dependants" the words
s. 18.
"and as are resident in the Commonwealth of Australia or in any part of the Dominions of the Crown or any other country, to which the benefits of this Act in favour of dependants residing therein have been extended under the
post.
Cf. 3. 5 (5)	provisions of this Act." ;

(c)	adding after the word "engaged" in line nine- teen of the definition "Employer," the fol- lowing :-

Cf. Q. Act,	"Fund" means the Workers' Compensa-
1916-193%

s.3 (1).

tion Board Fund:

1948.]

Workers' Compensation.

[No. 77.

(d) amending the definition "member of a family"

by—.

(1) inserting after the word "stepmother" in line three the words "any person who stands in the place of a parent to another person and also that other person,";

(ii) substituting for the word "illegiti- mate" wherever it occurs, the word "ex-nuptial";

(e) substituting for the definition "Registrar" the

following :-

"Registrar" means the Registrar of the Workers' Compensation Board;

(f)	adding after the word "mentioned" in line five of the definition "Registrar" the following:

"Self insurer" means any employer or group of employers whom the Gover- nor, pursuant to the provisions of the proviso to subsection (1) of section ten of this Act, exempts from the opera- tion of that section and "self insur- ance" has a corresponding meaning;

(g) amending the definition "Worker" by-

( i) substituting for the words "five hundred" in line two the words "seven hundred and fifty";

(ii) inserting the words ", except as here- inafter provided in this definition," after the word "or" appearing firstly in line six and in line seven;

(iii) adding after the word "overtime" in line fifteen the words "The term `Worker,' save as hereinbefore pro- vided in this definition, includes a member of the police force, who suffers personal injury as mentioned

No. 77.]

Workers' Compensation.

[1948.

in section six of this Act and dies as a result of that injury, and any member of the employer's family dwelling in his house whose name,

Of. s. 10 (9)

post.

employment and estimated wages are disclosed, at the time of employment and thereafter from time to time when the insurance is renewed, in writing to the insurer of the employer's liability to Day compen- sation under this Act, unless the insurer is permitted by the Board to refuse insurance of that liability in respect of the member of the employer's family.";

(iv) inserting in paragraph (b) after the

word

(I)	"timber" in line three the words "or firewood or both";
(II)	"industry" in line four the words "or firewood industry or both";

(ii) substituting for the words "five hundred" appearing in both lines four and six of the paragraph referring to tributers the words "seven hundred and fifty".

Amendment

of a. 5.

6. Section five of the principal Act is amended by

(a)	repealing subsection (3) ;
(b)	adding subsections as follow :—

Reciprocal

application.

(5) If the Governor is satisfied that by

Cf. Q. Act,	the laws, operating similarly to the pro-
1916-1999.
s. 18, and	visions of this Act, of any other country,
s. 4 ante.
whether part of the Dominions of the Crown or not, compensation for injury by accident to a deceased worker is payable to his dependants who are resident in this State,

1948.]

Workers' Compensatiom

[No. 77.

the Governor may, by Order in Council, declare that when a worker is so injured in this State and dies as a result of the injury, his dependants who are not resident in this State shall have the same rights and remedies under the provisions of this Act, as if they were resident in this State and if satisfied that those laws have ceased wholly or partly so to operate the Governor may in like manner revoke or vary such declara- tion and effect shall be given thereto.

Compensa-

(6) Where an employer has a place of employment in the State or is for the time	tion in relation to
workers
being present in the State and there employs	partly in and
employed
a worker, whose employment under his	the State.
partly out of
contract of service or apprenticeship with the employer is not wholly carried out in the State but is carried out partly in any other part of the Commonwealth of Aus- tralia or territory under the authority of the Commonwealth then, if the worker, while in that other part of the Common- wealth or territory receives injury under circumstances which had the injury been received in the State would entitle him to compensation in accordance with this Act, the worker (and in the case of the death of the worker, his dependants) shall receive compensation in accordance with the pro- visions of this Act, which shall apply, the necessary alterations and modifications by way of adaptation being regarded as having been made, to and in respect of the injury:

Provided that

(a) compensation shall not be payable pursuant to the provisions of this subsection if in respect of the injury the worker has (and in the case of the death of the worker, his dependants have) received workers' compensation in any part of the Common-

No. 77.]

Workers' Compensation.

[1948.

wealth of Australia (other than the State) or territory under the authority of the Commonwealth or obtained judgment against his employer in respect of the injury independently of this Act;

(b) if the worker receives compensa- tion pursuant to the provisions of this subsection in respect of the injury and subsequently in respect of the injury receives workers' compensation in any part of the Commonwealth of Australia (other than the State) or territory under the authority of the Commonwealth or obtains judgment against his employer in respect of the injury inde- pendently of this Act the employer shall be entitled to recover from the worker the amount of compensation paid by him pursuant to the provisions of this section.

Amendment

of s. 6.

7. Section six of the principal Act is amended by

(a)

substituting the word "or" for the word "and"

in subsection (2), paragraph (b), line eleven;

(b)

by amending subsection (3) as follows :—

(i) By inserting after the word "shall" in paragraph (a), line five, the words ", subject to the provisions of this Act relating to that Second Schedule,".

(ii) By adding after paragraph (c) para-

graphs as follows:—

(ca ) For the purposes of the said table the words "loss of the genital organs" shall also include "mental, psychologi- cal, or physical incapacity for work at a rate of pay

1948.]

Workers' Compensation.

[No. 77.

equivalent to that for the work at which the worker was employed at the time of the accident, when such inca- pacity arises out of mutila- tion of, injury to, or loss of all or any of the genital organs."

(cb) (i) When, by personal injury by accident, within the meaning of this Act, a worker has already suffered a permanent loss of any per- centage of the full efficient use of

any part or faculty of the body referred to in the first column of the table

and by subsequent injury by accident within that mean- ing suffers further loss of the full efficient use of

that part or faculty of the

body

the compensation payable under the provisions of that table in respect of each such subsequent injury shall be proportionate to any in- crease (resulting from that subsequent injury) in the percentage of loss of that full and efficient use.

(ii) When a worker has received the whole of the amount set out in the second column of the table and indi- cated as payable in respect of the loss of, or the per- manent loss of, the efficient use of any part or faculty of the body referred to in the first column of the table-

No. 77.]

Workers' Compensation.

[1948.

whether in one payment for permanent total loss of, or permanent total loss of the efficient use of

that part or faculty of the

body

or in several payments, each of which has been made for a permanent partial loss of, or a per- manent partial loss of the efficient use of

that part or faculty of the body, then and in such case, the worker shall not be entitled to any further pay- ment under the provisions of the table in respect of that part or faculty.

(iii) By substituting for the word "seven" in paragraph (a), line thirteen, and in paragraph (d), line six, the words "one thousand two".

(iv) By substituting the word "clause" for the word "section" in paragraph (d), line ten.

(v) By adding after the word "subsection" in paragraph (d), line thirteen, the words ", and to the proviso that if the principal place of residence of a dependant of a worker is elsewhere than in any part of the Dominions of the Crown, the dependant shall not be entitled to compensation under the provisions of this Act, unless the worker is wholly supporting the dependant when the injury is caused".

(vi) By adding after paragraph (d) para-

graphs as follow:

(e) Nothing in the foregoing pro-

visions of this subsection or

1948.]

Workers' Compensation.

[No. 77.

in the table shall limit the amount of compensation payable for any injury dur- ing any period of incapacity due to illness resulting from that injury, and the amount of compensation payable pursuant to the foregoing provisions of this subsection and the table shall be pay- able in addition to any weekly payments payable in respect of incapacity due to that illness, except in the case where and then only to the extent that the total of one thousand two hundred and fifty pounds would be exceeded otherwise.

(f) For the purposes of the said sions shall apply:-

table, the following provi-

(i)

In the case of a worker who habitually uses his left hand and arm to perform work, usually performed by a worker with his right hand and arm, the table shall be read, construed and applied as if the word "left" were substituted for the word "right," and the word "right" were substituted for the word "left."

(ii) Where a worker has suffered an injury for which compensation would, but for the provisions of this para- graph be payable under the foregoing provisions of this subsection, and it appears to the Board

(a) that the amount of

compensation which

would be so payable

No. 77.]

Workers' Compensation.

[1948.

would be substan- tially less than the amount of com- pensation which would be payable under the provi- sions of the First Schedule to this Act if compensation were assessable under that Sched- ule; and

(b) that, because of the special circumstan- ces of the worker (including, without limiting the gener- ality of the forego- ing, the nature of his injury in rela- tion to the nature of his former usual employment), the amount of compen- sation under the foregoing provi- sions of this sub- section would be in- adequate,

then the Board may award compensation pursuant to the provisions of the First Schedule without regard to the foregoing provisions of this subsection and the said table, the intention being that the power conferred upon the Board by this subparagraph shall not be exercised as a matter of course, but only when the special circumstances of the case commend themselves to the Board as justifying the exercise of that power.

1948.]

Workers' Compensation.

[No. 77.

Ss. (4) sub-

stituted.

Of. es. 96 and

subsection:

37 post.

(4) If, under the provisions of this Act, there arises any question or matter for determination, it shall be determined in accordance with the provisions of this Act relating to the powers, duties, and functions of the Board.;

(d) inserting after the word "compensation" in subsection (5), line seven, the words "or refer the assessment of the compensation to the Board," ;

Ss. (5a,

(e)

adding a subsection as follows :—

added.

(5a) When any question arises as to the loss of, or the permanent loss of the efficient use of, any of the parts or faculties of the body referred to in the first column of the Second Schedule to this Act, or to the degree of that loss, the Board may refer the question to a medical board of three medical practitioners, registered under the Medical Act, 1894-1946, and the determina- tion of the question by them, or by the majority of them, shall be final and binding

8. Section seven of the principal Act is amended by

(a)	substituting for the words "twelve months" in subsection (1), line twelve, the words "three years";

,orsesn

.dx.nt

(b)	substituting for the words "twelve months"

subsection (5), line three, the words "three

years";

(c)	inserting after the word "period" in paragraph (i) of the proviso to subsection (5), line five, the words "of three years";
(d)	substituting for the words "twelve months" in paragraph (iii) of the proviso to subsec- tion (5), line three, the words "period of three years";
(e)	substituting for the words "twelve months" Mes1.1147nt

in subsection (7), line three, the words "period

Real of

of three years";

ss (0)•

Cf. s. 6 (4)

(f)	repealing subsection (9) ;	and s. 36 (2),
lb). Oil).

No. 77.]

Workers' Compensation.

[1948.

Amendment

(g)	inserting after the word "to" in subsection (11), line four, the word " silicosis," ;

of es. (11).

(h)	inserting after the word "tuberculosis" in sub- section (11), line eight, the word " silicosis," ;

(i) adding after subsection (13), subsections as follow :—

Ss. (13a)

added.

(13a) Notwithstanding any of the pro- visions of the Mine Workers' Relief Act, 1932-1943, or of this Act, the compensation payable to any worker in respect of any period or periods of total or partial incapa- city due or deemed due solely to silicosis, whether early or advanced, pneumoconiosis, or miner's phthisis, arising or deemed to arise out of or in the course of employment in any of the processes described in the second column of the Third Schedule to this Act as mining, or quarrying, or stone crushing or cutting, or stone or metal screening, or to any of those diseases in combination with any other disease, shall not in any case exceed one thousand two hundred and fifty pounds when the liability of the employer to pay the compensation shall be agreed to or adjudged after the coming into operation of the Workers' Compensation Act Amendment Act, 1948, or seven hundred and fifty pounds when that liability has been agreed to or adjudged before the coming into operation of that Act as the case may be. The provisions of this subsection shall apply whether the period or periods of incapacity occur or result while the worker is employed by the same or different successive employers.

Any worker who has received the full amount of one thousand two hundred and fifty pounds or seven hundred and fifty pounds a r; the case may be in respect of such per i od or periods of incapacity and who is subsequently employed in any of the processes described in the second column of the Third Schedule to this Act as mining, or quarrying, or stone crushing or cutting,

1948.]

Workers' Compensation.

[No. 77.

or stone or metal screening, by the same employer or different successive employers, shall not be entitled in any circumstances whatever to ally further compensation or benefit for any period of incapacity, due to any of those diseases or combination of any of them, or with any other disease or aggravation or acceleration of any of them, or any combination of any of them with any other disease arising or deemed to arise from the subsequent employment in any of those processes.

For the purpose of this section, aggrava- tion or acceleration includes the develop- ment of pneumoconiosis or early silicosis into advanced silicosis.

(13b) Where in any proclamation made ssairb)

under section two of Act No. 40 of 1924 a

reference is made to the diseases mentioned

in the Third Schedule to this Act set

opposite the description of the process

mentioned therein as milling, quarrying, or

stone crushing or cutting, or stone or metal

screening, the reference shall, subject to

any proclamation to the contrary, from the

date of the coming into operation of the

Workers' Compensation Act Amendment

Act 1948, be deemed as regards those

diseases, to include silicosis, and, as regards

that description of the process, to include

stone or metal screening, notwithstanding

that when the proclamation was made under

the provisions of that section the Third

Schedule did not include among those

diseases silicosis, and did not include among

those processes stone or metal screening.

9. The principal Act is amended by adding after

section eight the following sections:-

8A. (1) For the purposes of this Act a worker's	Section SA
added.

incapacity resulting from hernia shall be deemed to	for hernia.
Compensation
be incapacity resulting from injury by accident	Cf. N.Z. Act,
No. 23 of
1943, s. 6.

No. 77.]

Workers' Compensation.

[1948.

arising out of or in the course of his employment

only if-

( a) the hernia is-

(i) clinical hernia of disabling charac- ter appearing to have recently occurred for the first time; or

(ii) an aggravation or strangulation of a pre-existent hernia resulting in immediate pain and disablement; and

(b ) in either case the onset of the hernia is immediately preceded by an accident arising out of or in the course of the employment and of such a nature as to be likely to cause the hernia; and

(c) when the employer or his agent or other representative is immediately available, the worker reports his condition to his employer or his agent or other represen- tative immediately after the occurrence of the accident, or when the employer or his agent or other representative is not immediately available, ceases work at the time of the accident and reports his con- dition to his employer or his agent or other representative so soon as practic- able, but within forty-eight hours of the accident and no later, the provisions of paragraph (a) of the proviso to sub- section (1) of section nine of this Act notwithstanding, unless the Board is of opinion that, owing to circumstances beyond the worker's control, he was unable so to report within that time, the intention being that every such case of hernia shall be reported so soon as is practicable.

(2) Where the Board is satisfied that it is reason- able so to do, the Board may order that a worker's right to compensation under this section shall cease on a date to be specified in the order, being not less

1948.]

Workers' Compensation.

[No. 77.

than four weeks from and after the date of the order, unless the worker undergoes a surgical opera- tion for a cure of the hernia.

(3) Where an order is made under the last pre- ceding subsection, the following provisions shall apply:

(a)	If the worker does not submit himself to the operation before the date so specified or before such later date as the Board may specify in any subsequent order, the weekly payments of compensation pay- able to the worker shall cease on that date or later date, as the case may be.
(b)	If the worker submits himself to the opera- tion, the weekly payments of compensa- tion payable to him shall continue for a period of twelve weeks from the date of the operation and shall then cease:

Provided that if the worker is not wholly recovered at the end of that period the Board may extend his right to receive weekly payments of compensation for such further period or periods as the Board thinks fit.

(4) The failure of a worker to make any report to his employer in pursuance of the foregoing pro- visions of this section shall not deprive the worker of any compensation to which he may be otherwise entitled in respect of hernia if the Board considers that the failure was excusable.

8B. (1) When permanent partial incapacity of a worker results from personal injury by accident	added.
Section 813
partial in-
Permanent
within the meaning of section six of this Act, the	capacity.
liability of the employer to pay compensation in accordance with the First Schedule, pursuant to section six or pursuant to section seven of this Act, as the case may be, shall be proportionate to the degree of that incapacity, the ratio of that liability to liability for permanent total incapacity being the same as the ratio of that permanent partial incapa- city to the permanent total incapacity.

No. 77.]

-Workers' Compensation.

119-18.

For the purposes of this section partial in- capacity includes the degree to which the disability referred to in section seven, subsection (13), is caused by silicosis, pneumoconiosis or miner's phthisis due to the nature of the worker's employ- ment.

(2)

(3) Nothing in subsections (1) or (2) of this section shall limit the amount of compensation pay- able for such injury during any period of total in- capacity resulting from that injury and any sum so paid shall not be deducted from the compensation payable in accordance with subsections (1) and (2) of this section except in the case where and then only to the extent that the total of one thousand two hundred and fifty pounds would be exceeded other- wise.

Amendment

of s. 10,	10. Section ten of the principal Act is amended by
ss. (1).

(a)	adding after the word "him" in subsection (1),

Cf. s. 4,

definition of

"worker" as	line five, the words "except when an insurer
including
member of	is permitted by the Board to refuse insurance
employer's
family, and	of that liability." ;
ss. (4) post.
Cf. N.S.W.

No. 15 of	(b) adding subsections as follow:
1926, s. 18
(2).

Ss. (4) and	(4) (a) Any incorporated insurance office which has received the approval of the Minister under the provisions of this section shall, subject to the provisions of para- graph (d) of this subsection, and unless permitted by the Board to refuse insurance of that liability wholly or in part in respect of a member of an employer's familydwel- lin.. in his house pursuant to the provisions of Section IV., subsection (g), paragraphb 3 of this Act, insure any employer request- ing it for the full amount of the liability of the employer to pay compensation under this Act to all workers employed by him.
(5) added.
(b) If permitted by the Board to refuse insurance of that liability in part, any such insurer as is referred to in the next preced- ing paragraph shall issue a policy of insur- ance for the residue of that liability.

1948.]

Workers' Compensation.

[No. 77.

(c) Subject to the provisions of para- graph (d) of this subsection, any such insurer as is referred to in this subsection, failing to comply with or contravening the provisions of this section commits an offence :

Penalty—One hundred pounds.

(d) The provisions of this subsection shall not apply to a refusal by any such insurer, as is referred to in this subsection, to issue a policy of insurance for the liability of any employer to pay compen- sation under this Act in respect of silicosis, pneumoconiosis or miner's phthisis (or any of those diseases in combination with any other disease) which may arise or may be deemed to arise out of or in the course of employment of any worker in any of the processes described in the second column of the Third Schedule to this Act as mining, or quarrying, or stone crushing or cutting, or stone or metal screening.

(5) (a) On and after the coming into rheurgetoo

operation of the Workers' Compensation vno,i,,,,ig.„9.

Act Amendment Act, 1948, the State Gov-

ernment Insurance Office shall be the only

insurer authorised to insure any employer

for the liability of the employer to pay com-

pensation under this Act to all workers

employed by him in any mining operation

40 of

carried on in any defined portion of the

1924,

State the subject of a proclamation under the provisions of the Workers' Compensa- tion Act Amendment Act, 1924, section two.

(b) The provisions of the last preceding es: .;ig f

paragraph shall not affect the rights and policies.

liabilities of the parties to any existing

contract of insurance for the duration of the

contract unexpired on the coming into

operation of the Workers' Compensation

Act Amendment Act, 1948.

No. 77.j

Workers' Compensation.

[1948.

Revocation of

exemption	(6) When an employer or group of
and discharge

and return of

employers exempted from the operation of

securities.

this section pursuant to the proviso to sub-

section (1) of this section-

(i)	shall apply to the Minister for a revocation of the exemption referred to in that proviso ; and

(ii) shall apply to the Minister for the return of securities lodged by him or them with the Treasury discharged from the charge referred to in that proviso; and

(iii) shall prove to the satisfaction of the Minister that the employer or the group, as the case may be, has ceased to employ workers or has obtained from an approved insurer within the meaning of this section, a policy of insurance for the full amount of liability to pay compensation under this Act to all workers employed by him or them;

the Governor may by Order in Council revoke the exemption and order that the securities be discharged from the charge and returned to the employer or group as the case may be.

Repeal of ss.

17, 23, 24, 25,	11. The principal Act is amended by repealing section
26, 27, 28, 29,

30, 31 and 32,	seventeen and sections twenty-three to thirty-two, both
and ss. 33,
34, 35, 36. 37,	inclusive, and by adding the following sections :—
38, 39, 40, 41
42 and 43

added.

33. (1) For the purposes of this Act there shall

Workers'	be constituted a Board to be called the Workers'
Compensation
Board.	Compensation Board.
Cf. Vic. Act,

No. 4524 of	(2)	The Board shall consist of three members
1937, s. 2

(1).	who shall be appointed by the Governor. (3) Of the three members

(a) one shall be chairman;

(b) two shall be nominee members.

1948.]

Workers' Compensation.

[No. 77.

Qualifica-

(4) A person shall not be eligible for appoint-

tions of

ment to the office of chairman unless he is a prac-	chairman.
titioner as defined by the Legal Practitioners Act,
1894-1946, of not less than seven years' practice and
standing.
Term of office
(5) The chairman shall, subject to retirement as hereinafter provided be entitled to hold office during good behaviour but may be removed from office by the Governor upon the address of both Houses of Parliament in the same session praying for the removal on the ground of proved misbehaviour or incapacity.	of chairman.

(6) Of the two nominee members	members.
Nominee

(a) one shall be a person nominated in the prescribed manner by the governing body of the association known as The Employers' Federation (W.A.) ;

(b)	one shall be a person nominated in the pre- scribed manner by the governing body of the Australian Labour Party, Western Australian Branch.

(7) If for any reason a person is not nominated 0',1'1;:linutrn's°2 as a nominee member or having been nominated and nomination' appointed fails to take office the Governor may

appoint a person to act in the office.

(8) Subject to the provisions of this Act a person Tfe ,rra

. Vera

appointed as a nominee member shall be appointed

iri

to hold office for a term of not less than five years the statutes or more than ten years from appointment, but upon 1943-45, s. 4. expiration of any term of appointment, shall be

eligible for reappointment.

(9) Subject to the provisions of this Act the office vacancy

of nominee member shall become vacant by reason nominee	member.
of the occupant

(a)	being absent from his duties for a period of one month or longer without the consent of the Board;

(b) becoming of unsound mind or being declared under any law for the time being relating to mental infirmity, incapable of manag- ing Ins affairs;

No. 77.]

Workers' Compensation.

[1948.

(d)	resigning, attaining the age of sixty-five

years, or dying;

(e)	being removed from office on the ground of misbehaviour or incapacity.

Appointments

to office of	(10) Any person appointed to fill any vacancy in
nominee

member for	the office of nominee member occurring during the
remainder of
unexpired	term of appointment of the occupant shall be
term.	appointed for the remainder of the term for which Ins predecessor was appointed, but shall, subject to the provisions of this Act, be eligible for reappoint- ment on its expiration.
Appointment
of deputy	• (11) The Governor may appoint to act in the place
members.
and during the absence of members of the Board as their deputies, persons with qualifications render- ing them eligible for appointment to the respective offices on the Board.
appointments

Validity of	(12) No appointment and no act, matter, or thing
of deputies

and to fill	done by any person acting as deputy for any mem-
vacancies.	ber of the Board or to fill any vacancy in office on the Board shall be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
Retirement.	(13) Each member of the Board shall retire on the day on which he attains the age of sixty-five years, unless Ile is granted retiring leave, in which case he shall retire on the expiration of that leave, or unless the Governor directs that he shall he at liberty to continue in office at the Governor's pleasure.
Remuneration

In respect of his office, each member of the Board shall be entitled to such remuneration, allow- ances and leave of absence as shall be determined by the Governor.

allowances

(14)

and leave.

Prohibition

of other	(15) No member of the Board shall engage in
employment

for remunera.

any business or occupation for remuneration other

tion.

than that of his office on the Board without the

consent of the Minister.

1948.]

Workers' Compensation.

[No. 77.

(16) At any meeting of the Board at which all Doeiti eroaf

Itnefotriar by

three ree members are present, the determination of a majority of members shall be the determination il.g:IroaL-

of the Board, but the chairman alone shall determine flaw.	d(u.
any questions of law.

(17) The Chairman and one other member of the Q""m•

Board shall be a quorum and shall. have all the powers and duties conferred upon the Board by this Act:

Provided that if at any meeting of the Board in which the chairman and one other member only are present, there is a difference of opinion upon any matter (other than a matter of law), the determina- tion of the matter shall be postponed to a meeting at which all the members are present.

(18) The Board shall be a body corporate with Board , a Pot.'

Porate body.

perpetual succession and a common seal.

34. (1) For the purpose of carrying out the et =ion

powers, duties and obligations conferred or imposed roe'.

upon the Board by this Act or any other Act, the 15sivI9s26i5.

Board, with the approval of the Public Service Commissioner appointed under the provisions of the Public Service Act, 1904-1947, may make use of the services of any of the officers and employees of the Public Service.

(2) The Registrar and other members of the staff iggdsor and

of the Board shall be appointed under and be subject Board.

to the provisions of the Public Service Act, 1904-

1947.

(1) A fund, to be called the Workers' Com- pensation Board Fund, shall be established and kept 32 'C'llir/

-o

kpleolr

ei:se

gtt

35.

in the Treasury, and from the Fund shall be paid— 'kn. s. di

(a)	all moneys required for the salaries of the (4).

members of the Board and its staff ;

(b) compensation in accordance with the pro- visions of the Act to any worker (other than a worker in respect of whom refusal of insurance is permitted by the Board pursuant to the provisions of this Act) whose employer has not effected insur- ance against his liability to pay compen- sation under the provisions of this Act and is unable to pay that compensation ;

No. 77.]

Workers' Compensation.

[1948.

Board under the provisions of this Act;

(d)	all other moneys required by the Board for carrying out the provisions of this Act.

Board to pre-

pare and sub-

(2)

(a) The Board shall in each year make an the Board for carrying out the provisions of this Act from the Fund for the next following year com- mencing the first day of July: Provided that for the year in which this Act comes into operation the Board may prepare the estimate at any time during that year.

mit estimate

to Minister	estimate of the amount, which shall be required by
annaallY•
(h) So soon as possible after the preparation of every estimate the Board shall submit it to the Min- ister and no estimate shall have any force or effect until approved by the Minister.
Contribution

to Fund by

(3)

Each insurer shall contribute annually to the Fund a sum amounting to a percentage to be fixed by the Board on the total amount of the premium income (whether received by or owing to the insurer) of the insurer in respect of the year ended the thirtieth day of June then last past in respect of insurance of employers against their liability to pay compensation under the provisions of this 1a, and their liability under any other law in respect of persons employed by them, exclud- ing any part of the premiums actually paid by way of reinsurance to any other insurer contri- buting under this Act. The percentage shall be uniform for all insurers. The amount of any annual contribution shall be paid in quarterly instalments on the first days of January, April, July and October in each year, or on such other days as the Board may determine, and shall be recoverable as a debt due to the Board in any court of competent jurisdiction.

insurers.

If any instalment payable by an insurer is not paid within thirty days after any day prescribed or fixed the insurer shall be liable to a penalty not exceeding fifty pounds.

Contribu-

tions to Fund	(4) A self-insurer shall, in respect of any period for which contributions to the Fund are payable by insurers, pay such contribution to the Fund as the
by self
insurer a.

1948.]

Workers' Compensation.

[No. 77.

Board may deem reasonable, assessed upon the wages paid by the self-insurer to workers during that period, having regard to the premium payable for insurance by employers engaged in the same or any similar trade, occupation, calling or industry, and the employer shall upon demand supply the Board with such particulars of the wages paid by him during that period as are required by the Board.

(5) (a) In the month of July of each year or at ruertnysnts f	e
T at

such other time as the Board may appoint, every poard

.nsurers.

insurer shall send a return showing the amount of the premium income (whether received by or owing to the insurer) in respect of insurance of employers against their liability to pay compensation under the provisions of this Act and their liability under any other law in respect of persons employed by them during the year ended the thirtieth day of June then last past, excluding any part of that premium income actually paid by way of reinsurance to any other insurers contributing under this Act, together with a statutory declaration by the insurer or his or its manager, secretary or agent in this State, that he has carefully examined the return and to the best of his knowledge information and belief the return is a true return of that amount.

(b)	Any insurer failing to send the return in that maurajtocor

month or by such other time as the Board shall fllurgi sh re-

appoint, as the case may be, shall be liable to a

penalty not exceeding five pounds for every day

during which the default continues.

(c)

If any insurer sends a return which is false Farettf,7„

in any material particular, he or it shall be liable

to a penalty not exceeding one hundred pounds.

(d)

(i) In any one year the Board may levy contributions to the Fund of an amount equal to

the amount of compensation estimated as herein- after provided as payable in that year pursuant to the provisions of paragraph (b) of subsection (i) of section 35 of this Act

No. 77.]

Workers' Compensation.

[1948.

plus

a sum of eight thousand pounds

but shall not levy contributions in excess of that amount unless authorised by resolutions of both Houses of Parliament.

(ii) For the period of the first year in which the Workers' Compensation Act Amendment Act, 1948, comes into and is in operation the amount of com- pensation referred to in the last preceding paragraph shall be estimated by the Board and for each year thereafter the estimate of the amount of that com- pensation shall be based upon the amount of the compensation payable during the next preceding year.

Audit of

Board's	(6) The accounts of the Board shall be inspected, examined, audited and reported upon by the Auditor General, who shall have hi respect of those accounts all powers conferred on the Auditor General by any law now or hereafter in force relating to the audit of public accounts.
accounts:
Appointment
of Registrar.	36. (1) (a) The Governor in Council may appoint a person as Registrar who shall also act as secretary to the Board.
Records to be

kept.

(b)

The Registrar shall keep a register in the prescribed form and containing the prescribed particulars of all claims for compensation received by the Board and of determinations and orders of the Board upon or arising out of all those claims.

Deputy

The Board may direct any officer attached to its staff to act as Deputy to the Registrar during the Registrar's absence, and while so acting, the Deputy shall exercise the powers and perform the duties of the Registrar.

Registrar.

(d)

Proceedings

before the

(2) (a) All proceedings before the Board shall be

Board.

conducted in public.

(b) The Board may-

(i) adjourn the proceedings to any time or

place;

(ii) summon a medical referee to sit with the

Board as an assessor; and

1948.]

Workers' Compensation.

[No. 77.

(iii) submit to a medical referee or a medical board for report any matter which seems material to any question arising out of the proceedings.

Payment of

(3) Any sum awarded as compensation shall, compensation

awarded.

unless paid into the custody of the Board, be paid on the receipt of the person to whom it is payable under any agreement or award.

No deduction

(4) No legal practitioner or other agent repre- senting any person claiming compensation under	irons com- pensation by
representa- tive of
this Act shall be entitled to recover from that person	claimant, unless
any costs in respect of any proceedings before the	authorised by the Board.
Board, or to claim a lien in respect of those costs, or to deduct those costs from the sum awarded or agreed as compensation, except such sum as may be awarded by the Board on an application made by the person claiming compensation, or by his representative, to determine the amount of costs to be paid to the representative of the person claiming compensation, and that sum shall be awarded subject to the prescribed scale of fees, costs, and rules.

37. (1) Subject to the provisions of this Act, the onselLtrnd. Board shall have exclusive jurisdiction to examine a Shat.

into, hear, and determine all questions and matters

i f0

,:ar-tArsi

arising under this Act, and the action or decision of

n o- ,

6 4)

the Board thereon shall be final and conclusive, and ante'

except as herein provided, shall not be open to

question or review in any Court, and no proceedings

by or before the Board shall be restrained by injunc-

tion, prohibition, or other process or proceedings in

any Court, or by removal by certiorari or otherwise pIgiud'att

into any Court, nor shall any action be maintained certiorari,	e
or brought against the Board or any member thereof	excluded.
in respect of any . act or decision done or made in the honest belief that the same was within the jurisdiction of the Board.

(2) Nothing in subsection (1) of this section shall Board.

authorised to

prevent the Board from reconsidering any matter reconsider

which has been dealt with by it, or from rescinding, decisions.

Act No. 15 of

altering, or amending any decision or order previ-

ously made, all of which the Board shall have S. 3 6.

authority to do.

No. 77.]

Workers' Compensation.

[1948.

Of. Act No.

57 of 1912,	(3) (a) In the hearing and determination of
Vol. 2, 1943

Reprints, s.	every question, the Board and the chairman, and any
69	member, and the Registrar and any person or Court,
Board to
determine	acting pursuant to any power delegated by the Board
each ease on
the substan-	under the provisions of this Act, shall act according
tial merits.	to equity and a good conscience and the sub- stantial merits of the case, without regard to technicalities or legal forms, and shall not be bound by legal precedent or its own decisions and rulings in any other question, nor by any rules of evidence, but may inform its or his mind on any matter in such a way as it or he regards as just.

The granting of relief or redress under this Act shall not necessarily be restricted to the specific claim made, nor to the subject matter of the claim.

(b)

Party may	(c)	Any person who is a party to any question
appear in
person or by

representa-	for hearing and determination under the provisions
tive.
Cf. Local	of this Act, may appear in person or by a legal
Courts Act,
1904-1931,	practitioner authorised to practise as such by the
s. 29, and
Cf. s. 36 (4)	provisions of the Legal Practitioners Act, 1893-
ante.	1946, or by other agent duly appointed in writing
for that purpose, and subject to the provisions of this Act, every party appearing by a representative shall be bound by the acts of his representative.
Chap. 4 of

the Statutes	(4) (a) The Board may act upon the report of
of Alberta,

s.10 (6) (a)	any of its officers, and any inquiry which it shall
and (b) •
Board may	be deemed necessary to make may be made by a
delegate its
power to	member or by an officer of the Board, or by some
make
inquiries and	other person appointed by the Board to make the
act upon the
delegate's	inquiry, and the Board may act upon his report as
report.	to the result of the inquiry.
(b) The person appointed to make the inquiry shall for the purposes thereof, have all the powers conferred upon the Board.
Provisions

relating to	(5) (a) For the purposes of expediency, the
delegation to

Local Courts.	Board may delegate all or any of its powers, except
Cf. s. 43 post.
this power of delegation-

(i) relating to the determination of questions

and matters arising for determination

under the provisions of this Act, to the

Of . o.

magistrate for the time being to whom a

1904, s.

10.

Local Court is assigned under the pro- visions of the Local Courts Act, 1904-

1948.]

Workers' Compensation.

[No. 77.

1931, but the delegation shall in each case be of a specific and not a general nature, and may be enlarged from time to time, if the Board shall deem it expedient;

Cf. No. 51 of

(ii)	relating to such corresponding matters as are referred to in sections fourteen and	1004, ss. 14
:Lod 15.

fifteen of the Local Courts Act, 1904- 1931, which relate to procedural matters, to the clerks of Local Courts, and such delegation may be either specific or general;

(iii)	relating to such corresponding matters as are referred to in sections seventeen to	Cf. No. 51 of
1904, ss. 17-
22.

twenty-two of the Local Courts Act, 1904- 1931, which relate to the service of pro- cesses and the execution of warrants and the functions of bailiffs generally, to bailiffs appointed under that Act, and such delegation may be either specific or general.

(b)

The decision of a magistrate acting under such delegated authority shall be as binding and as effective as if such decision were a decision of the Board.

(c)

A report of the proceedings before a magis- trate shall be forwarded to the Board within four- teen days of a decision on the proceedings being promulgated by the magistrate.

(6) book or record of the Board and of any document ?of

Every copy or extract from an entry of any Seprtotedte.,

records to

dt los be

filed with the Board certified by the Registrar to be n'Tear,f,,t?'

a true copy or extract shall be received in any court

as prima facie evidence of the matter so certified

without proof of the Registrar's appointment, auth-

ority or signature.

(7) Without limiting the generality of the pro- ttgiLles

visions of subsection (1) of this section, the jurisdic- ng.V.`:;

(8).

tion of the Board shall extend to—

Act No. 15 of 1920, N.8.49., s.25 (4).

(a) determining-

(i) whether an injury has arisen out of of

Enelleng a

arin" "

or in the course of an employ- mutters oo

ment within the meaning of this

Act;

No. 77.]

Workers' Compensation.

[1948.

(ii)	the existence and degree of dis- ability by reason of the injury;

(iii) the permanence of disability by

reason of any injury;

(iv) the degree of diminution of earn- ing capacity by reason of any injury;

(v) the amount of average earnings of

a worker;

(vi) the amounts of any refunds or adjustments of assessments which in its discretion it may deem proper to make;

(vii) the existence and extent of depen-

dency;

(viii) whether any person or aggregation of persons is or is not an em- ployer of a worker within the meaning of the Act and if so whether such worker is or is not entitled to compensation under the Act;

(ix) the existence, for the purpose of the Act, of any relationship of any member of the family of a worker as defined by the Act;

(x) all cases of permanent partial or total incapacity, and making awards of compensation within the limits prescribed by the Act as may appear proper after taking into consideration all the circumstances of the case;

(xi) the modification of weekly pay- ments when a partially incapaci- tated worker resumes or is capable of resuming any em- ployment other than his former employment;

(xii)

whether the circumstances of any

particular case justify the mak-

ing of an order for redemption

1948.]

Workers' Compensation.

[No. 77.

of weekly payments of compen- sation by payment of a lump sum;

( xiii) whether an insurer shall be per- mitted to refuse the insurance of an employer against any liability under this Act ;

(xiv) liability of any person in respect of the expenses of medical or surgical attendance on an in- jured worker at the suit of any person by whom they have been incurred or at the suit of any person entitled to receive pay- ment in respect of them;

(b) ordering that compensation, which cannot be immediately paid to any person under	Orders relat-
ing to pay-
ment of
compensation

legal disability to give an effective dis-	in respect of
persons under
charge for payment, or which is payable	legal dis-
ability or
to any dependant of a deceased worker,	who are
dependants.
shall be paid to the Public Trustee, con- stituted under the Public Trustee Act, 1941, and the manner in which it shall be applied.

The Board may in any ease where it is deemed necessary, and shall, on the application of any	Cf. Chap. 4 or the Statutes
of Alberta,1943.45, s.
employer or worker interested in any order, ruling	Issue of cer-
11.
or decision of the Board, issue a certificate in the	tificate of
Board's
prescribed form or to the like effect embodying the	finding.
Cf. n 43 (2)
substance of any such order, ruling or decision.	Id) (ii) post.
Cf. Act No.

(8)

(9)

When any question of law arises in any pro- ceedings before the Board, the Board may of its

15 of 1926,

N.S.W.,	s. 37
f 4), (5,	)

16) and (7).

own motion, and shall, if requested in the manner

Case stated on question

and within the time prescribed by rules by any

of law.

party to the proceedings, state a case for the decision of the Full Court of the Supreme Court thereon. The case may be stated under this section notwith- standing that an award, order, direction or decision has been made or given by the Board.

No. 77.]

Workers' Compensation.

[1948.

Case stated

to be con-	(10) The Full Court of the Supreme Court shall
sidered and

determined	have power to make such order as it thinks fit
by Supreme
Court.	ih regard to the case and to the costs of and inci- dental to the hearing and determination of any case so stated.
Board to fur-

nish workers	(11) The Board shall
and employers

with informa-	(a)	when requested furnish workers and em-
tion as to

their rights.	ployers with information as to their
Cf. Act No.
15 of 1926,	rights and liabilities in respect of injuries
39 (a).	sustained by workers in connection with their employment;
Board to

endeavour to	(b) make all reasonable efforts to conciliate
conciliate.

Cf. Act No.	and bring parties to agreement where
15 of 1926,	dispute has arisen concerning compensa-
39 (b).	tion claims of injured workers.

Board may	(12) If in any proceedings for the recovery under
regard illegal

contracts of	this Act of compensation for an injury it appears
employment
as valid.	to the Board that the contract of service or appren-
Cf. Act No.
15 of 1926,	ticeship under which the injured worker was engaged
N.S.W., s. 40.
at the time when the injury happened was illegal, the Board may if, having regard to all the circum- stances of the case it thinks proper so to do, deal with the matter as if the injured person had at that time been a worker under a valid contract of service or apprenticeship.
Powers of	(13) The Board shall also have the following powers :-
the Board.
Investigation

of industrial

(a) To investigate all matters relating to indus- trial diseases of any nature whatsoever and to cause to be made a study of the causes, and the results of varying methods of treatment, of such accidents and diseases, and to publish from time to time such findings and information as, in the opinion of the Board, is in the inter- ests of the proper administration of this Act, and for all or any of such purposes may co-opt not more than three qualified medical practitioners registered under the Medical Act, 1894-1946.

diseases.

1948.J

Workers' Compensation.

[No. 77.

Compilation

( /) To obtain from all insurers and self-insurers returns necessary for the compilation of statistics for the purpose of recording such information as, in the opinion of the Board, is essential for the proper adminis- tration of this Act.	of statistics.
(c) To establish and maintain a register of medical practitioners registered under	Establish-
ment and
maintenance
of register of

the Medical Act, 1894-1946, and author-	medical prac-
titioners
ised by the Board to carry out medical or	authorised to
treat injured
surgical treatment of or in attendance on	workers.
any worker with respect to any injury for which the worker is receiving or is entitled to receive compensation under this Act.

(d) To preclude a medical practitioner whose :Ntedical prac-	name is not for the time being on the otintiroongeirsst curt
register from charging, receiving, recover- i'reore%brigta
illy'or retaining any medical expenses or r"gdivring
fees for medical or surgical treatment of Pere°Lesswn al
or attendance on any worker with respect ri,roserseodiby to any injury for which the worker is aisit.3.,„
receiving or entitled to receive, or has T5trdberreeaPrisn.t
received compensation under this Act, vd."2. unless, in the opinion of the Board, that treatment or attendance has been ren- dered or bestowed in a case of sudden emergency, or the medical practitioner had reasonable grounds for believing that the injury was not an injury for which the person treated had received or was receiving or entitled to receive compensa- tion under this Act.

(e)	(i) Of its own motion, or upon a complaint Board may in writing made within twelve months tilduiries.

after the occurrence, giving rise to such f‘Inos.er3gdby

194/, s. 3, as

complaint, by—

numbered

(I)	the worker ; or	s. 26 in re- print Vol. 2.
(II)	the employer ; or

(III)

a near relative of the worker, when for any reason deemed sufficient by the Board the worker is unable to make the complaint himself ;

No. 77.]

Workers' Compensation.

[1948.

(IV) any other person authorised in that

behalf by the Board,

the Board may hold an inquiry into the conduct of any registered medical prac- titioner with respect to the treatment of or attendance on the worker, or to the expenses or fees charged for such treat- ment or attendance by the medical prac- titioner, or any other matter concerning the conduct of a medical practitioner in relation to a worker seeking to obtain or obtaining or having obtained compensa- tion under this Act.

When holding any inquiry under this paragraph, the Board shall comprise as well as at least its quorum, two medical practitioners who shall be registered under the provisions of the Medical Act, 1894-1946, nominated by the Western Australian Branch of the British Medical Association and appointed by the Gover- nor, and shall be entitled to such fees and allowances as shall be prescribed while acting as members of the Board.

(ii) If upon the inquiry the matter of the

complaint is proved to its satisfaction, the

Board may

(I)	order the name of the medical practitioner to be erased from the register either absolutely or for a specified period;
(II)	order the medical practitioner to pay a fine not exceeding fifty pounds;

(III)

order the medical practitioner to make restitution of such amount with respect to the fees charged by him as the Committee deems just;

and effect shall be given to the order.

(iii) The amount of any fine imposed, or of

any restitution ordered under subpara- graph (ii) of this paragraph may be

1948.]

Workers' Compensation.

[No. 77.

recovered summarily before Justices

sitting in a court of petty sessions.

(iv) The Board may allow a complaint made under this subsection to be amended at any time before the completion of its inquiry into the matter of the complaint upon such terms as the Board may deem just.

(v) Subject as in this subsection provided, the Board upon the holding of the inquiry may make such order as to costs against the person making the complaint or against the medical practitioner con- cerned or, when the Board holds an inquiry of its own motion, in favour of or against the medical practitioner con- cerned as in the opinion of the Board is warranted by the circumstances of the case, and with respect to any such order the following provisions shall apply-

(I)	the Board may itself determine and

fix the amount of the costs to be

paid pursuant to its order ; or direct that the costs to be paid shall be taxed by the Master of the Supreme Court;

(II)

where the Board directs that the costs shall be taxed, the Master of the Supreme Court shall tax them and give his allocatur in relation to them;

(III)

the order for payment of costs may be enforced and the amount of the costs as fixed by the Board or allowed in taxation by the Master of the Supreme Court, as the case may be, may be recovered by execution or other- wise as if the order were a judgment of the Supreme Court for the payment of a liquidated sum of the amount at which the costs have been fixed by the Board or taxed and allowed by

the Master of the Supreme

No. 77.]

Workers' Compensation.

[1948.

Court: Provided that the Board shall not make any order for payment of costs against the person making the complaint When that person has been auth- orised so to do by the Board pursuant to the provisions of item (IV) of subparagraph (i) of this paragraph.

(vi) For the purposes of this subsection

(I) the phrase "treatment of or attendance on any worker" means medical or surgical treat- ment of or attendance on any worker with respect to any injury for which the worker is receiving or is entitled to receive or has received compensation under this Act;

(II)	the expression "compensation" in- cludes not only money payable to a worker in lieu of earnings but also all monetary benefits and benefits of monetary value to which a worker is entitled under this Act; and
(III)	the expression "near relative" means a person who is either the wife, husband, mother, father, sister, brother or child of the worker, and, in respect of a child wholly or partly dependent upon the earnings of the worker, the guardian of that child.

Establishment

To establish and maintain a register of

and mainten-	(f)
ance of

register of	medical practitioners to be selected from
medical prac-
titioners to	time to time from a panel of names of
assess dis-
ability in	medical practitioners supplied to the
relation to
Second	Board by the Medical Board constituted
Schedule.	pursuant to the provisions of the Medical Act, 1894-1946, authorised by the Board to assess the degree of disability for the purpose of determining the amount of compensation payable under the Second Schedule to this Act.

1948.]

Workers' Compensation.

[No. 77.

(g) To take such measures and make such

expenditure as is deemed necessary or

expedient by the Board with a view to-

(i) providing facilities for pre-employ-

ment medical examination and

occupational guidance to work-

ers;

(ii) formulating recommendations and preparing estimates for sub- mission to Parliament of the cost of . providing facilities for rehabilitation and re-employ- ment of workers who have sus- tained permanent or temporary disablement from personal in- jury by accident within the meaning of the Act so as to mini- mise or remove any handicap resulting from the injury;

(iii) providing facilities for rehabilita- tion and re-employment of workers who have sustained permanent or temporary dis- ablement from personal injury by accident within the meaning of the Act in accordance with the recommendations and estimates referred to in the last preceding subparagraph when those recom- mendations and estimates have been approved by resolution of both Houses of Parliament.

(14) (a) The Board may engage in and carry on lEedeurt!tonrien

the education and instruction in accident prevention ;,enti;

r , ite.;

and first aid work of workers and others and may 1.naam

p i: riiir

impart such education and instruction by demon- PeraofielleY-

stration, exhibits, lectures, classes or otherwise and

may hold examinations and issue certificates to

persons whom it may deem sufficiently skilled in such

matters as to warrant the issue to them of such

certificates.

(b) Certificates issued by the Board under the Certificates

provisions of the last preceding paragraph may be malty') rho s

cant'

cancelled and recalled by the Board at any time tat'

No. 77.]

Workers' Compensation.

[1948.

when, in its opinion, the holder thereof does not continue to have the necessary qualifications in accident prevention and first aid work.

Any cost incurred under subsections (13) and (14) of this section shall, without prejudice to the operation of the provisions of subsection (1) of section thirty-five of this Act, be regarded as part of the administrative costs of the Board.

Premium

Rates Com-	38. (1) Maximum premium rates to be charged for insurance in respect of all insurable risks under the provisions of this Act shall be determined from time to time
mittee.

(a) by a committee to be called the Premium Rates Committee, consisting of the Auditor General as Chairman, the Man- ager of the State Government Insurance Office and a person who shall be nomin- ated by all other insurers approved by the Minister under the provisions of section ten of this Act, other than that section of such insurers known as the non- tariff Companies, and also a person who shall be nominated by the non-tariff com- panies as aforesaid both of whom shall be appointed by the Governor and en- titled while acting on the Committee to such remuneration and allowances as shall be prescribed;

(b) on a basis which shall be formulated by the Board from time to time and which shall include consideration of-

(i) the duration of the particular period in respect of which the basis is formulated;

(ii) the total amount of premiums received and owing to all in- surers for that period in respect of insurance of employers against their liability to pay compensation under the pro- visions of this Act;

(iii) the total amount of payments made and due for that period by all insurers in respect of that insur- ance;

1948.]

Workers' Compensation.

[No. 77.

(iv) the total amount of premiums which would be payable for that period by self-insurers on the basis of wages paid by them to their workers during that period if the self-insurers were not self- insurers but were employers effecting insurance with the State Government Insurance Office against their liability to pay compensation under the provisions of this Act in the same or any similar trade, occu- pation, calling or industry as that carried on by the self- insurers;

(v) the total amount of payments made and due for that period by self- insurers pursuant to their lia- bility to pay compensation under the provisions of this Act;

(vi) the total amount of payments made during that period by the Board pursuant to the provisions of this Act, to workers who have sustained personal injury by accident, in respect of the employers' liability for which no insurance exists;

(vii) the total cost of the administration reasonably incurred during that period by insurers and self- insurers in relation to the mat- ters referred to in subpara- graphs (ii) to (v) of this para- graph;

(viii) and all such other circumstances and factors, whether of the same or a different kind from the foregoing as in the opinion of the Board are just and proper.

Insurers may charge rates

(2) Nothing herein contained shall be interpreted to preclude any insurer referred to in the last

lower than

those

determined

by the

preceding subsection from charging or accepting

Premium

Pates

Committee.

No. 77.]

Workers' Compensation.

[1948.

premiums at rates lower than those determined, whether by a reduction of rates, the granting of bonuses or by any other means.

Annual re-

port.

39. The Chairman of the Board shall prepare for the Minister, not later than the thirtieth day of September in each year, an annual report containing a statement in detail of the receipts and expenditure of the Workers' Compensation Board Fund, to the preceding thirtieth day of June of the Board's activities relating to that Fund and the report shall be laid before both Houses of Parliament, so soon as practicable in each year.

Protection of	40. Neither the Board nor any individual member
Board and
members.

Inserted by	thereof, nor any person discharging any duty in
No. 36 of
1941, s. 3 as	pursuance of the provisions of this Act shall be
s. s	liable to ally suit or action or to pay any claim or

number

s. 29 e-

in R

demand made or brought by or on behalf of any person with respect to anything lawfully done or omitted by the Board, or the individual member or the person discharging the duty, under and in accordance with the provisions of this Act.

Print Vol. 2.

General

Any person who commits an offence against this Act for which no special penalty is provided by this Act shall be liable to a fine not exceeding fifty pounds.

penalty.

41.

All courts and persons acting judicially shall

signatures of the members of the Board and the

Registrar on any judicial or official document.

Judicial

notice.

42.

Cf. No. 28 of	take judicial notice of the seal of the Board and
1906, s. 56.

(1) Subject to this Act, the Governor may make rules and regulations prescribing all matters and things, which by the provisions of this Act are required or permitted to be prescribed, or are con- venient for carrying into operation or for facili- tating the operation of the provisions and purposes of this Act, and in particular but without prejudice to the foregoing power, may make regulations with respect to

Rules and

43.

regulations.

(a) prescribing such forms as may be necessary or expedient for the purposes of this Act so far as the same relate to the Board or the Registrar of any proceedings of or before the Board;

1948.]

Workers' Compensation.

[No. 77.

(b)	fixing scales of fees to be paid to the Board and scales of fees, costs and expenses to be paid to counsel, medical practitioners and witnesses in proceedings before the Board;
(c)	fixing scales of fees to be paid to medical specialists and general practitioners for attendance on and treatment of injured workers when those fees are not deter- mined by agreement between the Western Australian Branch of the British Medical Association and insurers approved under the provisions of this Act ;
(d)	fixing fees to be paid to public and private hospitals in various parts of the State for treatment and maintenance of injured workers ;

(e) matters of general or special application, which may apply to both employers and workers, for the prevention of diseases in employments or places of employment within the State;

(f)	prescribing the manner in which payment of compensation whether in the case of death or otherwise may be made and the person to whom payment may be made ;
(g)	regulating the practice and procedure of the Board or any person or court auth- orised by delegation by the Board under the provisions of this Act and providing for the effective exercise of jurisdiction by the Board or person or court so auth- orised and especially, but without limiting the general power to make rules and regulations under the provisions of this Act, with reference to-

(i) the times and places for sittings of the Board and any person or court so authorised;

(ii) the summoning of parties and

witnesses ;

(iii) the' allowances to witnesses;

(iv) the enforcement of awards, orders

and judgments ;

No. 77.]

Workers' Compensation.

[1948.

(h) prescribing penalties not exceeding ten pounds for any non-compliance with or any contravention of the provisions of any rule or regulation;

(i) generally carrying into effect the provisions of this Act so far as the same relate to the Board and the Registrar and any proceedings of or before the Board;

Regulations

concerning	(j)	regulating the meetings and proceedings of
the functions

of the Board,	the Board when exercising its power of
inserted by
No. 36 of	inquiry under the provisions of paragraph
1941, fi. 3, as
s. 20E, re-	(e) of subsection (13) of section thirty-
numbered
s. 27 in re-	seven of this Act, and the conduct of
print Vol. 2.	the business thereof ;

(k)	enabling the Board to establish a register providing for the registration of medical practitioners, the removal from the register of the name of any medical prac- titioner as a consequence of any decision of the Board, and the re-registration of any medical practitioner whose name has been removed;

(1) providing for the fees and expenses payable with respect to establishing and main- taining the register ;

(m)

carrying into effect the functions of the

Board under the provisions of subsection

(13) of section thirty-seven of this Act.

(n)

the basis on, and manner in which, self-

insurers shall contribute to the Fund.

Transitional

(2) (a) Subject to the previsions of this Act; and (b) without prejudice to the operation of the pro- visions of sections fifteen and sixteen of the Inter- pretation Act, 1918-1934, in so far as they relate to the amendment of the Workers' Compensation Act, 1912-1944, by the Workers' Compensation Act Amendment Act, 1948, in general, and in so far as they relate to the operation of section six, paragraph (d) of the lastmentioned Act (relating to the con- ferring and imposing upon the Board of certain powers and duties formerly conferred upon the Local Court), in particular ; and

provisions.

1948.]

Workers' Compensation.

[No. 77.

thirty-six of the Interpretation Act, 1918-1934; and

until rules and regulations are made pursuant to the provisions of the Workers' Compensation Act Amendment Act, 1948, and are validly promulgated and not disallowed in relation to any matter the subject of the provisions of that Act--

(d)

(i) the provisions of any rule or regulation in operation on the coming into operation of that Act and relating to that matter, shall, with appropriate adaptations, and in so far as not inconsistent with the provisions of that Act, by force of this subsection, come into operation and be of the same effect and be subject to amendment and revocation as if they were the provisions of rules and regulations made in pursuance of the provisions of that Act in relation to that matter and in operation;

Cf. Act No.

(ii)

any person in whose favour an award or 15 of N.S.W.,

192 6, s.

order has been promulgated by the Board (5) (b). 36

may file or cause to he filed the certificate

Registration

issued under the provisions of subsection of certificate

at Local

(8) of section thirty-seven of this Act in Court and

provision for

alvar

any Local Court established under the enforcement

provisions of the Local Courts Act, 1904- order, etc.

1931, having jurisdiction within the dis-

trict where the debtor mentioned in the

certificate resides when the clerk of the

Local Court shall enter judgment for

that person for the sum of the certificate,

together with any fees paid for the certi-

ficate to the Registrar and the fees paid

for filing the certificate and entering

judgment and when entered the judgment

shall, subject to the provisions of this	Cf. s. 37 (2).
Act, be enforceable and be regarded for all purposes as a judgment of the Local Court.

No. 77.]

Workers' Compensation.

[196.

Amendment

of the First	12. The First Schedule to the principal Act is
Schedule.

amended

Amendment

of el. 1, para.

(a) by substituting for the words "seven hundred

(a), subpnra.	and fifty pounds" in clause 1, paragraph (a),
Cf. Q. Act,	subparagraph (i), lines two and three, the
1016-1939,
s. 14 (1) (A)	words "one thousand pounds and an addi-
(0.
tional sum of twenty-five pounds, in respect of each dependent child and dependent step- child of the worker under the age of sixteen years, but not in respect of any ex-nuptial child, which additional sum shall be payable in the discretion of the Board;
Amendment

of el. 1, para.

(b) by amending clause 1, paragraph (aa) as

la a).

follows :-

(i) By inserting in line one, before the word "Where," the words "Subject to the provisions of the proviso to this paragraph,".

(ii) By adding after the word "depend- ants" in subparagraph (ii), line eight, a proviso as follows:—

Provided that if a worker dies leaving dependants and his death does not result from the injury, and at the time of his death he had been receiving compensation in respect of silicosis, pneumo- coniosis, or miner's phthisis, by weekly payments, but for less than six months, then nevertheless, the preceding provisions of this para- graph shall apply in all respects as if, in fact, he had been receiving compensation by weekly payments for not less than six months.;

Amendment

of el. 1, pars,	(c) by amending clause 1, paragraph (b), as
(b).

follows:—

(i) By substituting for the word "fifty" in subparagraph (i) line one the words "sixty-six and two-thirds."

(ii) By substituting for the word "he" in line six, the word "the."

1948.]

Workers' Compensation.

[No. 77.

(iii) By substituting for the word "fifty" in subparagraph (ii), line one, the words "sixty-six and two-thirds."

(iv) By substituting for the words "seven shillings and sixpence" in sub- paragraph (ii), line seven, the words "ten shillings."

(v) By adding after the word "years" in subparagraph (ii), line nine, the words "while the worker is being paid compensation, notwithstanding that the child was not so dependent when the incapacity occurred, and one pound per week for a dependent wife or, if there be no dependent wife, for one dependent parent of the worker or person standing in the place of a parent of the worker."

(vi) By substituting for the words "four pounds ten shillings" in subpara- graph (ii), lines eleven and twelve, the words "the average weekly earn- ings or six pounds whichever is the lesser amount."

(vii) By substituting for the word "seven" in subparagraph (ii), line thirteen, the words "one thousand two";

Amendment

(d) by amending paragraph (a) of the proviso to

of proviso to

clause (1) as follows-

e/ . 1.

(i) By substituting the words "two pounds" for the words "thirty shillings" in lines three, seven, eight and nine.

(ii) By substituting the words "sixty-six and two-thirds" for the word "fifty" in line seven;

(e) by amendin,g paragraph (c) of the proviso to clause (1) as follows :—

(i) By substituting the word "clause" for

the word "section" in line two.

No. 77.]

Workers' Compensation.

[1948.

(ii) By inserting after the word "pounds" in line sixteen, the words "except when the Board is of opinion, having regard to the circumstances of the case, that such amount is inadequate, in which event the Board may allow such additional amount as it deems necessary or expedient, but not exceeding fifty pounds."

(iii)

By inserting after the word "expenses"

in line seventeen, the words ", in-

cluding all cemetery board charges,".

By substituting the word "thirty" for

(iv)

the word "twenty" in line seventeen;

(f) by amending the last sentence of paragraph (c)

of the proviso to clause 1 as follows :-

(i) By inserting the words "out of or" after the word "arising" in lines three and four.

(ii) By inserting the words "and, except in the case of artificial teeth, whether the worker suffers personal injury within the meaning of section six of this Act or not" after the word "employment" in line four.

(iii) By adding the words "or in the case of an artificial limb up to the sum of thirty pounds" after the word "pounds" in the last line;

(g) by amending paragraph (d) of the proviso to clause (1) as follows :—

(i) By inserting after the word "exceed" in line two the words "those pre- scribed by the Board from time to time and until so prescribed shall not exceed".

(ii) By adding after subparagraph (iii) a subparagraph as follows :—

(iv) One pound eleven shillings and six pence for operating theatre fees;

(h) by amending paragraph (e) of the proviso to clause 1 as follows:—

1948.]

Workers' Compensation.

[No. 77.

(i) Substituting for the word "six" in line

eleven, the word "ten."

(ii) Substituting for the words "thirty-five shillings" in line twelve, the words "three pounds".

(iii) Adding after the word "case" in line

twenty-one, a proviso as follows:

Provided that the amounts to cover the cost of meals and lodging shall not be payable to any worker who has no dependants unless a worker has incurred cost for meals and lodging in excess of that which he would have incurred had he re- mained at his home and then only to the amount of that excess;

(i) by inserting the words "sixty-six and two-thirds per centum of" after the word "exceed" in clause 3 line four;	An.endment
of el. 3.
Amendment
(j) by amending clause 4 as follows:-	of cl. 4.

(i) By substituting for the word "six" in paragraph (b), line seven, the word "ten".

(ii) By substituting for the words "thirty- five shillings" in paragraph (b), line seven, the words "three pounds".

(iii) By adding after the word "examina- tion" in paragraph (b), line ten, a proviso as follows:

Provided that the amounts to cover the cost of meals and lodging shall not be payable to any worker who has no dependants unless a worker has incurred cost for meals and lodging in excess of that which he would have incurred had he remained at his home and then only to the amount of that excess.

(k) by repealing clauses 5 to 11, both inclusive;	Repeal of
clauses 5 to
11 both
(1) by amending clause 14 as follows:-	inclusive. Amendment

(i) By substituting the word "Registrar" for the words "clerk of the Local Court" in line eight of paragraph

of c/. 14.

(a).

No. 77.]

Workers' Compensation.

[1948.

(ii)	By substituting for the words "to the Court" in paragraph (a), line nine, the words "in manner prescribed".

(iii) By deleting the words "by any Rule of Court" in paragraph (a), lines ten and eleven.

(iv) By substituting for the words "accord- ance with regulations made by the Governor" in paragraph (b), line two, the words "manner prescribed".

(v) by repealing paragraphs (e) and (1)..

Amendment

of el. 15.

(m) by amending clause 15 as follows:—

(i) By inserting after the word "employ- ment" in subclause (i), line two, the words "or as to whether or to what extent the incapacity of the worker is due to the accident".

By inserting after the word "board" in subclause (ii), line one, the words "or any two members of it".

(iii) By substituting for the word "Court" in subclause (ii), line three, the word "tribunal."

(iv) By deleting all words after the word "Registrar" in subclause (iii), line three.

(v) By substituting for the word "Board" in subclause (iv), line three, the words "medical board".

Amendment

of el. /6.

(n) by amending clause 16 as follows:—

(i)	By substituting the word "Board" for the words "Local Court" in line one and the word "Court" in line four.

(ii) By substituting for the word "fifty" in line nine the words "sixty-six and two-thirds".

(iii) By adding after the word "uninjured" in line eleven the words "but noth- ing in this proviso shall prejudice the right to payments in respect of any dependent wife or dependent child in accordance with the provi- sions of clause 1, paragraph (b), of this Schedule".

1948.]

Workers' Compensation,.

[No. 77.

Amendment

(o) by amending clause 17 as follows:—

of d. 17.

(i) By inserting after the word "Where" in line one the words "permanent total or permanent partial incapacity has resulted from an accident and".

(ii) Substituting the word "Board" for the words "Local Court" in lines four and five and the word "Court" secondly appearing in line five.

(iii) Deleting the words "the magistrate shall take into consideration the ability of the employer to pay com- pensation in that form" in lines thirteen and fourteen and substitut- ing the words "the Board shall be satisfied that the worker has special need of the lump sum instead of the continuance of the weekly payments or that any other circumstances of the case justify the making of an order for that redemption, the inten- tion being that an order for redemp- tion shall be made not as a matter of course but only when the special circumstances of the case commend themselves to the Board as justifying the making of an order for redemp- tion.";

Amendment

(p) by amending clause 18 as follows :—

of el. 18.

(i) By substituting the word "Board" for the word "Court" in lines one and fifteen.

(ii) By inserting after the word "perman- ent" in paragraph (i), line one, the word "total".

(iii) By deleting the words "whether total or partial" in paragraph (i), lines one and two.

(iv) Substituting for the word "seven" in paragraph (i), line five, the words "one thousand two".

(v) By substituting for paragraph (ii) the

following

No. 771

Workers' Compensation.

[1948.

(ii) In any other case the lump sum shall be assessed upon a calculation or estimate by the Board of the compensa- tion payable or likely to be payable under the provi- sions of this Act.

Amendment

of el. 19.

(q) (i) By inserting the words "Subject to the pro- visions of this Act" before the word "If" in clause 19, line one.

(ii) By deleting the words "by Rules of Court"

in clause 19, line four.

Amendment

of el. 22.

(r) By amending clause 22 as follows :—

(i)	By deleting the words "by Rules of Court" in line seven and the words "subject to such rules" in line eight.

(ii) By substituting for the words "clerk of the Local Court" in line eight the word "Registrar".

(iii) By substituting for the words "Local Court judgment" in line thirteen, the words "an award or order promul- gated by the Board".

Amendment

of proviso to

(s) By amending the proviso to clause 22 as fol- (i) By substituting the word "Registrar" for the words "clerk of the Court" where they appear in

el. 22.

lows :—

paragraph (a) line two;

paragraph (d) subparagraph (i)

lines two and six;

paragraph (d) subparagraph (ii)

lines two, eight, ten and twelve.

(ii) By substituting the word "Board" for the word "magistrate" where it appears in

paragraph (b) lines eight and nine;

paragraph (c) line one;

paragraph (d) subparagraph (i)

lines seventeen and eighteen;

1948.]

Workers' Compensation.

[No. 77.

paragraph (e), line one, and the words "the Board" for the word "he" in paragraph (d), subparagraph (i), line twenty.

(iii) By deleting the words "in accordance

with Rules of Court" in—

paragraph (b) lines three and four ; paragraph (d) subparagraph (i)

line eighteen.

(iv) By substituting the words "the Board's" for the word "his" in paragraph (e) line seven.

(v) By substituting the words "the Board" -for the word "he" in paragraph (e) in line twelve.

(vi) By inserting the words "upon applica- tion being made" after the word "may" in paragraph (e) line one.

(vii) By inserting after the clause number 22 the figure one in brackets thus (1) and by adding subelauses after para- graph (e) of the proviso as follows :—

(2) When a memorandum has been recorded under the provisions of the next preceding subclause the Registrar shall without fee issue a certificate of the memorandum and the recording on application by any party concerned.

(3) Subject to the provisions of this Act the certificate shall be evi- dence of the subject matter re- ferred to in the certificate before any court or other tribunal or per- son in respect of proceedings to enforce compliance with the sub- ject matter of the memorandum and for all other purposes under the provisions of this Act.

Amendment

(t)

By substituting the word "clause" for the word

of el. 24.

"section" in clause 24, lines one, two and four.

Repeal of

(u)

By repealing clauses 25 to 28, both inclusive.

clauses 25 to

28, both

inclusive.

No. 77.]

Workers' Compensation.

[1948.

Amendment

of the Second

13. The Second Schedule to the principal Act is

Schedule.

amended by substituting for the Table thereto the fol-

lowing :—

TABLE.

Amount of

Nature of Injury.

Compensation

payable.

Cf. Vic., No.

5128, s. 5;

Total loss of the sight of both eyes ..

1,250

substituted	Total loss of the sight of an only eye ..	• •	1,250
for No. 3806,

s. 8, as	Loss of both hands	..	..	..	1,250
amended by

Nos. 4360, s.

Loss of both feet ..

• •

1,250

6, and 4456,

Loss of a hand and a foot

1,250

Total and incurable loss of mental powers in-

volving inability to work ..

• •

1,250

Total and incurable paralysis of the limbs or

of mental powers

1,250

and in addition, when a medical practitioner certifies the injury to be total and incurable paralysis of the limbs, an attendant's remun- eration at a rate not exceeding one pound

per week.

Total loss of the right arm or of the greater

part of the right arm

1,000

Total loss of the left arm or of the greater

part of the left arm

935

Total loss of the right hand or of five fingers

of the right hand, or of the lower part of

the right arm

875

Total loss of the same for the left hand and

arm..

812

Total loss of a leg

935

Total loss of a foot or the lower part of the

leg..

750

Total loss of the sight of one eye, together

with the serious diminution of the sight

of the other eye

935

Total loss of hearing

750

Partial deafness of both ears

.. Such percentage of £750 as is equal to the percentage of diminu- tion of hearing.

Complete deafness of one ear ..

250

Total loss of the sight of one eye	..	500
Loss of binocular vision	500

Total loss of the thumb of the right hand ..	375
Total loss of the thumb of the left hand ..	325
Total loss of the forefinger of the right hand	250
Total loss of the forefinger of the left hand	200

1948.]

Workers' Compensation.

[No. 77.

Amount of

Nature of Injury.

Compensation

payable.

200

Total loss of a joint of the thumb ..

Total loss of the first joint of the forefinger

of either hand .. .. .. ..

100

Total loss of the middle finger of the hand ..	150
Total loss of the little or ring finger of the

hand.. .. .. .. .. ..

135

Total loss of the great toe of either foot ..	250
Total loss of a joint of the great toe of either

foot ..

125

• •

• •. •

• •

Total loss of any other toe or of a joint of a

finger .. .. .. .. ..

Total loss of a joint of any other toe

Partial loss of the sight of both eyes ..

Such percentage of £1,250 as is equal to the percentage of the diminution of sight measured without the aid of a correcting

lens.

Partial loss of the sight of one eye ..

Such percentage of £500 as is equal to the percentage of the diminution of sight measured without the aid of a correcting

lens.

14. The Third Schedule to the principal Act is	Amendment
of the Third

amended as follows:—

Schedule.

(a)

By substituting for the word "Zymotic" in the first column the word "Communicable".

(b)

By substituting for the words "Medical officer, nurse, orderly or other person employed in a hospital or quarantine station or in an ambu- lance brigade" in the second column the words "Employment in an occupation or in a situa- tion exposing the worker to infection by the intermediate hosts of any communicable disease or by agencies transmitting any com- municable disease, where within a reasonable period of incubation, specific infection has fol- lowed demonstrable action of the particular vectors or agents concerned in the transmis sion of that disease, or where that action can

be reasonably presumed."

No. 77.]

Workers' Compensation.

[1948.

Asterisks

referred to

(c) By substituting for the words "'Poisoning by benzol or its nitro and amido derivatives (dinitrobenzol, anilin and others) " in the first column the words "Poisoning by trinitro- toluene or by benzol or its nitro and amido de- rivatives (dinitrobenzol, anilin and others) ".

in s.8 (1).

(d)	By substituting for the words "Any process involving the use of a nitro or amido deriva- tive of benzol or its preparations or com- pounds" in the second column the words "Any process involving the use of trinitro- toluene or of the nitro and amido derivatives of benzol or its preparations or compounds".
(e)	By inserting in the first column as a separate description of disease, after the words "'Poi- soning by carbon bisulphide." the words ""Poisoning by fluorine." and by inserting op- posite thereto in the second column of the Schedule the words "Any process in which fluorine is used".
(f)	By inserting in the first column, as a separate description of disease, after the words "'Poi- soning by carbon monoxide." the words " "Leptospirosis ; endemic typhus, scrub typhus, brills' disease, swineherds disease, plague, mite dermatitis and scrub itch.", and by inserting opposite thereto in the second column of the Schedule the words "Employ- ment in an occupation or in a situation expos- ing the worker to infection with a specific disease transmissible from animal to man where the specific infection associated with occupation or situation develops within its known incubation period and can be reason- ably presumed to have occurred in the course of such employment."
(g)	By inserting in the first column, as a separate description of disease, after the words "'Chrome ulceration" the words "Effects of insolation" and by inserting opposite thereto in the second column of the Schedule the words "Work entailing prolonged exposure to sun- light".

1948.]

Workers' Compensation.

[No. 77.

(h)	By inserting in the first column as a separate description of disease after the words "Ef-

fects of insulation" the words "Effects of electrical currents" and by inserting opposite thereto in the second column of the said Schedule the words "Workers exposed to electrical currents".

(i) By substituting for the words "Eczematous ul- ceration of the skin produced by dust, caustic or corrosive liquids, or ulceration of the mucous membrane of the nose or mouth pro- duced by dust" in the first column the words

"Any dermatosis, ulceration or injury to the

skin or ulceration or injury to the mucous membranes of the mouth or nose wholly or partly produced or aggravated by contact with or inhalation or ingestion of irritating dusts, solids, gases or fumes or mineral or vegetable irritants or ray burn."

(j)	By inserting before the word "Pneumoconiosis" the word "Silicosis".

15. The Fourth Schedule to the principal Act is iokfmtredieurtrtth

amended by inserting after the word "timber" in line Schedule.

one the words "or firewood or both".