Workers' Compensation Act Amendment Act 1952 (WA)

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No. 64.]

Workers' Compensation.

[1952.

WORKERS' COMPENSATION.

1° Elizabeth II., No. LXIV.

No. 64 of 1952.

AN ACT to amend the Workers' Compensation Act,

1912-1951.

[Assented to 7th January, 1953.]

BE it enacted, by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

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

and citation.

Compensation Act Amendment Act, 1952.

(2) In this Act the Workers' Compensation Act,

1912-1951

Act No. 69 of 1912, as reprinted with amendments to and including Act No. 77 of 1948, incorporated pursuant to the provisions of the Amendments

Apprvd for

reprnt, 2nd

Incorporation Act, 1938, and as further amended

Feb. 1949.

by Acts Nos. 33 of 1949 and 48 of 1951,

is referred to as the principal Act.

(3)

The principal Act, as amended by this Act,

may be cited as the Workers' Compensation Act,

1912-1952.

S. 30

amended.

2. Section thirty of the principal Act is amended

by

(a)

adding after the word, "shall" in line three of subsection (1) the words, "subject to the provisions of subsection (la) of this sec- tion";

1952.]

Workers' Compensation.

[No. 64.

(b)

adding after subsection (1) the following subsection

(la) After the commencement of the Workers' Compensation Act Amendment Act, 1952, the Premium Rates Committee shall not vary the premium rate to be charged for insurance in respect of insur- Cf. as. 8 f14)

able risks under the provisions of this :r

ill! (2)

Act relating to silicosis pneumoconiosis,

or miner's phthisis,

(i)    unless on the recommendation of a duly qualified actuary made to the Committee as the result of actuarial investigation made by him; or

(ii)    unless with the approval of the Minister.

3. Subparagraph (ii) of paragraph (c) of clause oYp Zs.

one of the First Schedule to the principal Act is Vi.dtof the

schedule

amended by—

amended.

(a)

adding after the words, "Weekly payments," in line eighteen the words, "where there are no dependants wholly dependent shall not exceed the average weekly earnings or eight pounds, whichever is the lesser amount and where there are dependants wholly depend- ent weekly payments";

(b)

substituting for the words, "eight pounds" in line twenty the words, "ten pounds".

4. Paragraph (c) of the proviso to clause one of ft:Age

the First Schedule to the principal Act is amended Fq at / of the

Schedule

by—

amended.

(a)

deleting the words, "hospital charges for treatment and maintenance not exceeding as hereinafter prescribed in paragraph (d)," in lines seven, eight and nine;

(b)

substituting for the words, "two hundred" Cf. No. 98 of

19/, s. 12 ()).

in line sixteen the words, "one hundred";

(c)

deleting the word, "pounds" in line sixteen; gnig. iz g.

(d)

adding after the words, "In addition to such ?Ina g) amount there shall be payable" in line twenty-one the words, "charges for hospital

No. 64.]

Workers' Compensation.

[1952.

treatment and maintenance in accordance with the provisions of paragraph (d) of this proviso but not exceeding a total of one hundred and fifty pounds, and".

Paragraph

(d) of the

5. Paragraph (d) of the proviso to clause one of

proviso to

clause one

the First Schedule is repealed and re-enacted as

Of the

First

follows

Schedule

re-enacted.

repealed and

(d) (i) In this paragraph

"area" means the area within an imaginary circle having a radius of 15 miles from the General Post Office at Perth;

"public hospital" means a public hos- pital administered under the Public Hospitals Act, 1937.

(ii)  The hospital charges mentioned in paragraph (c) of this proviso for the treatment and maintenance of the worker

in a public hospital within the area; in a public hospital outside the area; in a private hospital;

shall be at the respective rates deter- mined by the Board as the equivalent of the general rate chargeable for treat- ment of cases other than workers' com- pensation cases in

a public ward bed in a public hospital

within the area;

a public ward bed in a public hospital

outside the area;

a ward bed in a private hospital.

(iii)   The Board is authorised from time to time to determine the rates mentioned in subparagraph (ii) of this paragraph and a determination so made shall have effect on publication of the determina- tion in the Gazette.

Par. (b) of

6. Paragraph (b) of clause four of the First

a. 4 of the

First

Schedule

Schedule to the principal Act is amended by

amended.

Cf. No.48 of

(a) substituting for the word, "ten" in line

1951, s. 12

(Ph

seven the word, "thirteen";

(b)

substituting for the word, "three" in line seven the word, "four".

7. Paragraph (i) of clause eleven of the First EZ.rilidf °Le

Schedule to the principal Act is amended by sub- argdule

stituting for the words, "one thousand two hundred aju

te

Nn.d.etof

and fifty pounds" in lines four and five the words, 1951, 8. 12

"one thousand seven hundred and fifty pounds". co

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