Workers' Compensation Act Amendment Act 1973 (Qld)

86 ANNO VICESI MO SECUN IJO 7 $ '^°F 1 2@ A E No. 14 of A n Act ti The W 191 ' _ _ i n eel Acts [ASSENTED TO 13TH APRIL, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short tit l e and citati on. (1) This Act may be cited as the Workers' Compensation Act Amendment Act 1973. (2) The Workers' Compensation Act of 1916 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Workers' Compensation Act 1916-1973.

Workers' Compensation Act Amendment Act 1973, No. 14 87 2. Amend ment of s. 3. Section 3 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the definition " Accident Insurance " the following definition:- " " Accident pay "-A weekly payment of an amount that is the difference between the weekly rate of compensation payable to an injured worker comprised of the basic wage together with such additional allowances as are payable to him under provision (B) of subsection (1) of section 14 and the weekly rate of wages provided as payable to the worker by the industrial award or registered industrial agreement governing the calling in which the worker is engaged at the time of the injury, as varied from time to time; "; (ii) omitting the definition " Dependants " and inserting in its stead the following definition:- " " Dependants "-Such members of a family of a worker as- (a) in the case of a worker who has died, were wholly or in part dependent upon the earnings of the worker at the time of his death, or would but for the incapacity due to an injury have been so dependent; or (b) in the case of a worker who suffers an injury, were wholly or in part dependent upon the earnings of the worker at the time of his suffering the injury: Where- (c) there is a child born out of wedlock dependent as prescribed in paragraph (a) or (b) upon the earnings of a worker who is or was the parent or grandparent of the child; or (d) there is a parent or grandparent dependent as prescribed in paragraph (a) or (b) upon the earnings of a worker who is his child or, as the case may be, grandchild born out of wedlock, the term includes such child or, as the case may be, such parent or grandparent: Where there is a woman who, at the time of the death of the worker- (e) has lived in a connubial relationship with him for a continuous period of three years at the -least, terminating on his death; and (f) was dependent as prescribed in paragraph (a), the term includes such woman; "; (iii) omitting the definition " Employer " and inserting in its stead the following definition:- ""'Employer" includes persons, firms, institutions, associations, clubs, societies, companies and corporations employing workers and the legal personal representatives of a deceased employer, and any person deemed by this Act to be an employer for the purposes of this Act:

88 Workers ' Compensation Act Amendment Act 1973, No, 14 Save in a case to which the next succeeding paragraph applies, where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship, the latter is for the purposes of this Act deemed to continue to be the employer of the worker whilst he is working for that other person: Where- (a) the services of a waterside worker are hired by Stevedoring Employers of Australia Limited (referred to in this definition and in the Stevedoring Industry (Temporary Provisions)Act1967 of the Commonwealth as the holding company) or by its successor to any person; or (b) the services of a foreman stevedore are hired by the Association of Employers of Waterside Labour (referred to in this definition as the holding company) to any person, the employer of the waterside worker or of the foreman stevedore shall be, for the purposes of this ` t- (i) 1"_ - ,; the co mencc f ;=n stevedor° of , r.re so Y :d d y the $o, f1, -, t1 - worker or to whom his of the hire, t or, as V, case m successor; the c n vent by the waterside ;lore of for the person to so hired ur .:1 the termination of the h' LO whom his services are so hired; "; - c - foreman his services the person (iv) in the definition " Worker " inserting after paragraph (d) the following paragraph: " 9 or (e) a 1 rsc i host ofar. or^ ;ur eN (b) adding to " Where contractor that wo( in or in cci . provides ; of that co perform( I trade Section (2) j p)ara ursuant to t work regularly c; n a tr, type pe •fc J hi io - with if t ,f the p1 or businc .ripi^ u- :: shall ;uant to that c :ss regularly ca-.. --' perfor or 1 ,.. rally ss 4a Section ' of the Principal Act is amended by- (a) l' ng to the note ap - - • - 6 ° the beginning of the section the words " ; d _. • insurance b si a ", (b) in subsection (1), (i) omitting the first para€_,r; ;ind insert- i' --s r¢er'' paragraph:- " The State Gov asi is hereby authorized at (a) to carry on i of; :ci

Workers' Compensation Act Amendment Act 1973, No. 14 89 (b) to carry on the business of insurance of persons, whether they are employers or not, in respect of injury suffered by them and liability incurred by them in respect of injury suffered by another to the extent prescribed by the regulations, and to do all acts and things necessary to the exercise of such authority and power."; (ii) in the third paragraph, omitting all words from and including the words "and "the commencement" to the end of the paragraph and inserting in their stead the words " shall be construed as referring to and as always having referred to accident insurance and all other insurance business carried on under this Act and references therein to " the commencement of this Act " shall be construed as referring to the commencement of The Workers' Compensation Acts Amendment Act of 196.0. ". . (.;)in subsection (4), omitting the words "of the Office" and inserting in their stead the words " and other insurance business of the Office under this Act "; 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by omitting the third paragraph and inserting in its stead the following paragraph:- " All payments in respect of policies, whether of accident insurance or other insurance business under this Act, or of the administration of accident insurance business or other insurance business undertaken or carried on by or on behalf of the Office under this Act shall be payable out of the fund.". 5. Amendment of s. 6. Section 6 of the Principal Act is amended by, in subsection (2), omitting the note appearing at the beginning of the second paragraph. 6. Amendment of s. 8. Section 8 of the Principal Act is amended by- (a) in subsection (1), omitting the words " State Accident Insurance " and inserting in their stead the words " Workers' Compensation "; (b) in subsection (5), omitting the words " State Accident Insurance " and inserting in their stead the words " Workers' Compensation "; (c) adding the following subsection:- " (7) Where any employer (in this subsection called the principal contractor) has made a contract to perform work and, in carrying out that contract- (a) utilizes labour that is provided by workers whose services are lent or let on hire to him by another; or (b) contracts with another person (in this subsection called the contractor) for the performance by or under the contractor, of the whole or part.of that work, the indemnity provided for by a policy of accident insurance maintained by the principal contractor shall extend to indemnify him in respect of damages arising under circumstances creating independently of this Act, a legal liability in the principal contractor to pay damages in respect of injury to any worker hereinbefore in this subsection described or any worker employed by the contractor, in either case, while such worker is engaged in the work that the principal contractor has contracted to perform.".

90 Workers' Compensation Act Amendment Act 1973, No. 14 7. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) in subsection (1), omitting the words " State Accident Insurance " and inserting in their stead the words " Workers' Compensation "; (b) in subsection (2), (i) o ' tinge tir^^_words' `-' in any- other part of-the Commonwealth of Australia or its dependencies " and inserting in their stead the words " at a place outside Queensland "; (ii) omitting the words " State Accident Insurance " and inserting in their stead the words " Workers' Compensation ". 8. ' - -!i t of s. 9A. Section 9A of the Principal Act is amended by, in subsection (1), (a) omi' _iig the words " State Accident Insurance " where they occur and inserting in their stead in each case the words " Workers' Compensation "; (b) omitting the second paragraph and inserting in its stead the following paragraph:- The Court by which damages are awarded in respect of an injury to which this section applies, or out of which moneys paid into Court in an action brought in respect of any such injury are ordered to r -.aid, shall upon the application of the Office, worker or yer determine the total amount of compensation prescribed by this Act that is to be paid from the fund in respect of such injury and that determination shall be binding upon the Office and the worker.". 9. A s. 11, Section 11 of the Principal Act is amended by om.^''n- sr`>seci lon (2) and inserting in its stead the following subsection :- " (2) This Act applies in respect of an injury h --ling to a seaman (which term includes a fisherman whose ---r ;r< on is not wholly or mainly a share in the profits or the grc s earnings from the working of the ship) employed on a Queen,,laud ship if the injury arises in the course of his employment and happens while that ship- (a) is in a Queensland port; (b) is operating in Queensland territorial waters; (c) is temporarily outside Queensland territorial waters- (i) due to mishap or stress of weather; or (ii) while on an excursion to offer assistance to a ship in distress; or (d) if engaged in fishing operations, is operating outside Queensland territorial waters but not within the territorial waters of a foreign country and discharges its cargo at a Queensland port or to a mother ship that discharges its cargo at a Queensland port.". 10. At ;f s. 14. Section 14 of the Principal Act is amended by, in subsection (1), (a) in provision (A), (i) in paragraph (i), (A) omitting the words " three thousand six hundred pounds " and inserting in their stead the expression " $15, 000 ";

Workers' Compensation Act Amendment Act 1973, No. 14 91 (B) omitting the second paragraph and inserting in its stead the following paragraph:- " In addition, if the dependants of the worker consist of or include either of the following persons wholly dependent upon his earnings, namely a widow or a woman who has lived in a connubial relationship with him for a continuous period of three years at the least terminating on his death, there shall be payable the sum of $400 in respect of- (a) each child or step-child of the worker or each child or step-child of the woman referred to in this paragraph; (b) each brother or sister of the worker, who in any case was at the time of death of the worker totally or mainly dependent upon the earnings of the worker and who is under sixteen years of age or, being of or over the age of sixteen years but under the age of twenty-one years is receiving full-time education at a school, college, university or similar institution:"; (C) omitting the words " seven hundred and ten pounds " and inserting in their stead the expression " $2,500 "; (ii) in paragraph (ii), omitting the words " five hundred and ninety-five pounds " and inserting in their stead the expression " $2,200 "; (iii) in , paragraph (iii), omitting the words " two hundred and forty pounds " and inserting in their stead the expression " $900 "; (iv) in paragraph (iv), omitting the words " four hundred and seventy-five pounds " and inserting in their stead the expression $1,700 "; (b) omitting provision (B) and inserting in its stead the following provision:- " (B) (a) Where total or partial incapacity for work results from the injury, a weekly payment to the worker during the incapacity- (i) in the case of a worker employed under an industrial award or registered industrial agreement, for a period of 26 weeks and no longer, of the weekly rate of wages provided by the award or the agreed rate of wages provided by the agreement that, in either case, governs the calling in which the worker is engaged at the time of the injury, as varied from time to time, or of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B), whichever payment is the greater; for the period of incapacity thereafter, of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B) but in no case shall amounts payable for this period exceed the worker's average weekly earnings, (ii) in the case of a worker employed in any Government Department as an officer, by any University or College of Advanced Education within the State, or by any Hospitals Board constituted under the Hospitals Act 1936-1971, whose employment in any such case is not provided for in any industrial award or registered industrial agreement, for a period of 26 weeks and no longer, of the weekly rate of salary provided for by the contract of service under which he is employed, or of the basic wage together

92 Workers' Compensation Act Amendment Act 1973, No. 14 with such additional allowances as are specified in paragraph (d) of this provision (B), whichever payment is the greater; for the period of incapacity thereafter, of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B) but in no case shall amounts payable for this period exceed the worker's average weekly earnings; (iii) in the case of a worker not employed under an industrial award or registered industrial agreement, for a period of 26 weeks and no longer, of the weekly rate of wages provided by the Mechanical Engineering Award-State, Southern Division Eastern District, General Engineering Section, for a fitter at the time of the injury, as varied from time to time, or of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B), whichever payment is the greater; for the period of incapacity thereafter, of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B) but in no case shall amounts payable for this period exceed the worker's average weekly earnings; (iv) in the case of a worker who receives an amount determined by the Queensland Industrial Conciliation and Arbitration Commission in lieu of accident pay, of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B). Where in any case to which subparagraph (i), (ii) or (iii) applies, payments of compensation have been made prior to the first day of August 1972 and continued after that date, liability under this provision (B) in respect of any increased benefits shall extend only to so much of the period of 26 weeks as occurs after the first day of August 1972. (b) Where total or partial incapacity for work results from the injury and the worker's average weekly earnings are less than the basic wage, a weekly payment to the worker during the incapacity, (i) in the case of a worker who was at the time of the injury receiving an age, invalid or widow's pension under the SocialServicesAct1947-1972 of the Commonwealth (or any Act in amendment of or substitution for that Act) of an amount not exceeding $20; (ii) in any other case of an amount not exceeding the worker's average weekly earnings. The maximum weekly payment to a worker under this provision (B) shall be- in a case provided for by subparagraph (i) of paragraph (a)- (i) where the worker is permanently employed, the weekly rate of wages provided by the award or the agreed rate of wages provided by the agreement;

Workers' Compensation Act Amendment Act 1973, No. 14 93 (ii) where the worker is casually employed, the weekly rate of wages provided by the award or the agreed rate of wages provided by the agreement, or his average weekly earnings whichever is the less; in a case provided for by subparagraph (ii) of paragraph (a)- (i) where the worker is permanently employed, the weekly rate of salary provided by the contract of service under which he is employed; (ii) where the worker is casually employed, his average weekly earnings; in a case provided for by subparagraph (iii) of paragraph (a), the rate of wages provided by the award referred to in that subparagraph or his average weekly earnings whichever is the less; in a case provided for by subparagraph (iv) of paragraph (a), the basic wage plus such additional allowances as are specified in paragraph ( d) but in no case shall amounts payable exceed the worker ' s average weekly earnings; in a case provided for by subparagraph (i) or (ii) of paragraph ( b), his average weekly earnings. (c) Where partial incapacity for work results from the injury, the weekly payment that the worker is entitled to receive under paragraph ( a) of this provision (B) during that incapacity shall not exceed an amount that bears to the maximum weekly payment that could be made to him under that paragraph ( a) if he were totally incapacitated for work, the same proportion as the difference between his diminished earnings and his average weekly earnings. In this paragraph ( c) " diminished earnings " mean weekly earnings that are derived by the worker from employment during the period of his partial incapacity or if he was not employed, that he could be reasonably expected to derive from employment during that period regard being had to the extent of his incapacity and the availability of that employment. Requisitions may be made by or on behalf of the Office from time to time to a worker to whom this paragraph (c) applies and where a worker fails to furnish to the Office within the time specified in any requisition so made the information and particulars of his employment and earnings during any period specified, required to be furnished, the Office may suspend the weekly payment of compensation until the worker complies fully with that requisition. (d) The additional allowances referred to in subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of this provision (B) are- a weekly payment of an amount equal to 25 per centum of the basic wage- (i) in respect of the wife of the worker if she is totally or mainly dependent upon his earnings; or (ii) in respect of a woman (not being the wife of the worker) living in a connubial relationship with the worker at the time of the injury who has lived in that relationship for a continuous period of three years at the least prior to that time and who is totally or mainly dependent upon his earnings; or

94 Workers ' Compensation Act Amendment Act 1973, No. 14 (iii) where there is no wife or such a woman, in respect of any one woman who is totally or mainly dependent upon his earnings and who is- _(a) caring for a child or step-child of the worker under the age of sixteen years or, being of or over that age but under the age of twenty-one'-years;-is receiving full-time education at a school, college, university or similar institution; or (b) a member of the family of the worker of or above the age of sixteen years; a weekly payment of an amount equal to ten per centum of the basic wage- (i) in respect of each child or step-child of the worker who is totally or mainly dependent upon his earnings and who is under the age of sixteen years or, being of or above that age but under the age of twenty-one years, is receiving full-time education at a school, college, university or similar institution; (ii) in respect of each child of a woman (not being the wife of the worker) living in a connubial relationship with the worker at the time of the injury who has lived in that relationship for a continuous period of three years at the least prior to that time, which child is totally or mainly dependent upon the earnings of the worker and under the age of sixteen years or, being of or above that age but under the age of twenty-one years, is receiving full-time education at a school, college, university or similar institution; (iii) in respect of each brother and sister of the worker who is totally or mainly dependent upon his earnings and who is under the age of sixteen years or,-being of or above that age, but under the age of twenty-one years, is receiving full-time education at a school, college, university or similar institution. (e) The amount of compensation payable under this provision (B) shall not exceed $15,000 and subject thereto weekly payments shall continue to be made until- (i) the incapacity ceases; or (ii) a lump sum settlement or a payment of compensation pursuant to provision (C) of this subsection is made with or to the worker in respect of the injury, whichever event first occurs, and no longer. (f) Where pursuant to a reference under section 14c, a Medical Board has determined- (i) that the injury in question has resulted in permanent partial incapacity to the worker for work in the employment in which he was engaged at the time of the injury and the extent of that incapacity; or (ii) that the injury in question has resulted in permanent partial disability to the worker, the General Manager may make to the worker as compensation for that injury- (a) a lump sum payment of a proportionate amount of the total liability specified in paragraph (e) of this provision (B); or

Workers' Compensation Act Amendment Act 1973, No. 14 95 (b) a payment of compensation of a proportionate amount of the total liability specified in the table set forth in provision (C) of this section, and the worker shall not in respect of that injury be entitled to compensation under this provision (B) in respect of any period after the making of a payment pursuant to this paragraph (f). (g) In this provision (B), " basic wage " means- (i) in relation to a male worker or any dependant of a worker, whether male or female, the weekly basic wage for males; (ii) in relation to a female worker, the weekly basic wage for females, as declared from time to time for the south-eastern division of the State by the Full Bench of the Industrial Commission under The Industrial Conciliation and Arbitration Acts 1961 to 1964; "average weekly earnings " means average weekly earnings during the twelve months last preceding the time of the injury or, if the worker had not been so long continuously employed, during the period for which he had been continuously employed."; (c) in provision (C), (i) in paragraph (d), omitting the words "three thousand nine hundred and twenty-five pounds " where they occur in the first proviso and inserting in their stead the expression " $15,000 "; (ii) in paragraph (f), omitting the words " three thousand nine hundred and twenty-five pounds " and inserting in their stead the expression " $15,000 "; (iii) omitting paragraph (h) and inserting in its stead the following paragraph:- " (h) Notwithstanding any other provision of this Act and subject to the next following two subparagraphs in the case of loss of hearing, other than total loss of hearing of either ear, caused by excessive noise resulting in the condition known as industrial deafness, the personal injury shall, for the purpose of determining the worker's entitlement to the payment of compensation under the table hereunder set forth, be deemed to have occurred at the time when that worker makes his claim therefor. A worker who makes a claim under this paragraph (h)- (i) shall have been continuously resident in Queensland during the five years, or resident for periods aggregating not less than five years during the seven years, immediately preceding the date when he makes the claim and have been continuously employed during such residence in an industry and at a location where the noise level caused or contributed to the condition in respect of which the claim is made; (ii) shall be a worker at the date when he makes the claim or, if temporarily unemployed at that date, would be a worker but for that unemployment.

96 Workers ' Compensation Act Amendme nt Act 1973, No. 14 In determining the percentage of the diminution of hearing in a claim under this paragraph (h), it shall be presumed that the loss of hearing of the worker is to be attributed to presbycusis to the extent of the prescribed number of decibels for each complete year of his age in excess of fifty. For the purposes of the preceding paragraph the number of decibels shall be as prescribed by regulation and until so prescribed shall be one-half of a decibel. Compensation previously paid pursuant to the table hereunder and any other payments made from any source to the worker in respect of loss of hearing (whether or not caused by the condition known as industrial deafness) shall be deducted from compensation payable under that table on a claim made under this paragraph (iv) omitting the Table set forth therein and inserting in its stead the following Table:- T ABLE Nature of Injury Amount payable Loss of both eyes Loss of an only eye .. . . Loss of both hands .. .. Loss of both feet .. .. .. Loss of a hand and a foot .. Total and incurable loss of mental powers involving inability to work Total and incurable paralysis of the limbs or of mental powers .. . Loss of the sight of one eye together with the serious diminution of the sight of the other eye Loss of the sight of one eye .. Loss of hearing Loss of speech .. . . Complete deafness of one ear . . Loss of an arm Loss of a hand or five fingers of a hand or of the lower part of an arm .. . . Loss of a thumb Loss of a joint of a thumb .. Loss of a forefinger . Loss of the distal joint of a forefinger . . Loss of two joints of a forefinger Loss of the middle or ring or little finger Loss of the distal joint of the middle or ring or little finger . Loss of two joints of the middle or ring or little finger Loss of a leg .. .. Loss of the lower part of a leg . . Loss of a foot .. .. . . Loss of a great toe .. Loss of a joint of a great toe . . Loss of any other toe .. . . Loss of binocular vision .. .. 15,000 15,000 15, 000 15,000 15,000 15,000 15,000 7,610 3,810 5,540 5,540 2,400 7,080 5,980 2,400 1,520 1,740 940 1,520 940 760 820 6,520 5,650 5,540 1,740 940 760 3,810

Workers' Compensation Act Amendment Act 1973, No. 14 97 11. Amendment of s. 14A. Section 14A of the Principal Act is amended by- (a) in subsection (2), omitting the words " State Accident Insurance " and inserting in their stead the words " Workers' Compensation "; (b) in subsection (4), omitting the words " three thousand nine hundred and twenty-five pounds " and inserting in their stead the expression " $15,000 "; (c) in subsection (6), omitting the words " three thousand nine hundred and twenty-five pounds " and inserting in their stead the expression " $15,000 ". 12. Ai_ +r ` of s. 14a . Section 14B of the Principal Act is amended by- (a) in provision A, (i) in subparagraph (i), omitting the words " one hundred and thirty pounds " and inserting in their stead the expression " $430 "; (ii) in subparagraph (ii), omitting the words " three 'pounds ten shillings " and inserting in their stead the expression " $10 "; (iii) in subparagraph (iii), omitting the words " one pound three shillings " and inserting in their stead the expression " $2.75 "; (iv) in subparagraph (iv), omitting the words " one pound three shillings " and inserting in their stead the expression " $2.75 "; (v) in the proviso, omitting the words " five pounds ", the words "three thousand six hundred pounds " and the words " seven hundred and ten pounds " and inserting in their stead respectively the expression " $17 ", the expression " $15, 000 " and the expression " $2,500 "; (b) in provision B, (i) in subparagraph (i), omitting the words " three pounds ten shillings " and inserting in their stead the expression " $10 "; (ii) in subparagraph (ia), omitting the words " three pounds ten shillings " and inserting in their stead the expression " $7 "; (iii) in subparagraph (ii), omitting the words " one pound three shillings " and inserting in their stead the expression " $2.75 "; (iv) in subparagraph (iii), omitting the words ' one pound three shillings " and inserting in their stead the expression " $2.75 "; (v) in the proviso, omitting the words " seven pounds " and inserting the expression." $17 ". 13. Amendment of s. 14C. Section 14c of the Principal Act is amended by- .(a) in subsection (2), in paragraph (d), omitting the word " seven " and inserting in its stead the word " twelve "; (b) in subsection (6), adding to the second paragraph the words " and,, where the worker has suffered any permanent partial disability as a result of the injury, the nature and extent of that disability ". 14. Amendment of s. 14D. Section 143 of the Principal Act is amended by- (a) inserting in the note at the beginning of the section after the word " treatment " the words " and treatment by way of rehabilitation "; (b) in subsection (1), (i) inserting after the words " hospital treatment " the words " and treatment by way of rehabilitation "; 4

98 Workers' Compensation Act Amendment pct 1973, No. 14 (ii) inserting after the word " necessary," where it firstly occurs the words " and in the case of treatment by way of rehabilitation the necessity therefor is accepted by the Office,"; (c) in subsection (2), in subparagraph (a) inserting after the word dentist," the words " a physiotherapist "; (d) in subsection (3), in paragraph (i), omitting the words " one hundred and forty pounds " where they occur and inserting in their stead in each case the expression " $660 "; (e) in subsection (4), adding the following definition:- " " Treatment by way of rehabilitation " means- (a) treatment and training at a rehabilitation centre approved by the Office; (b) the provision of artificial aids or appliances by such rehabilitation centre, and the tail, ":nance the:•eof; (c) the supply of n aterjnl in g of ors tion.al therapy prof t:; u. sand (d) j essary re Ei ° ,ation app ' < B sf e .'=;. a' an industrial (f) i_: s_ -1 on (5), (I) in p ( a), o Itti ards "ten pounds " where they occ ui and is _ their , ad in each case the expression "$30.50"; (ii) in paragraph (b), omitting the wor ' " ten shillings " and the words " three pounds ten shillings " and jr i- heir stead respectively the expression " $ 2 " and the expression , -_^. _ "; (iii) in paragraph (c), omitting the wor " one hundred and' forty pounds " where they occur and inserting in their stead in each case the expression " $ 660 "; (iv) omitting subsection (6) and ir:: subsection:- in its stead the following (6) The ar- that C C- is li to pay under this section in r of an me i 7 or a worker or treatment by way cf rehabilite for€' :d a worker s.. 11 be such payment as we O ffice, if it d eems it rea on apps, to be made for that artificial member or, as the case n y by way of rehabilitation and in the latter case ill not e:eed in any one year $1,500.". by15. Ai - r: s. 15. Section 15 of the principal Act is amended (a) omitting the words " both Houses of parliament " and inserting in their stead the words " the Legislative Assembly "; (b) omitting the words " either House of parliament and inserting in their stead the words " the Legislative Assembly (c) omitting the words " such House " and inserting in their stead the word " it ". 13® -_ " of s, 18 . The grin section 18. E rt is an l ,; repealing

Workers' Compensation Act Amendment Act 1973, No. 14 99 17. Repeal of and ne w s . 19D. Section 19n of the Principal Act is repealed and the following section inserted in its stead:- " 19n. Di sc l os ure of inf orm ation . ( 1) Notwithstanding the Pay-roll Tax Act1971, the Commissioner of Pay-roll Tax appointed thereunder may disclose to the Office any information in his possession or any facts of which he has knowledge relating to any matter arising under this Act. (2) Notwithstanding this Act, the Office may disclose to the Commissioner of Pay-roll Tax any information in its possession or any facts of which it has knowledge relating to any matter arising under the Pay -roll Tax Act.". 18. At : _7 tent of s . 20. Section 20 of the Principal Act is amended by- (a) in subsection (2), (i) in paragraph (i), (A) inserting after the word " policies " the words " and all other insurance contracts made under this Act "; (B) inserting after the word " employer " the words " or the insured "; (C) in the proviso, inserting after the word " policy " the words " or other insurance contract made under this Act "; (ii) in paragraph ( ii), inserting after the words " insurance contracts " the words " and all other insurance contracts "; (iii) in paragraph ( x), inserting after the words " payable by employers " the words ", by persons with whom the Office has entered into contracts of insurance under this Act "; (b) in subsection (3), (i) omitting the words " both Houses of Parliament " and inserting in their stead the words " the Legislative Assembly "; (ii) omitting the words " either House of Parliament " and inserting in their stead the words " the Legislative Assembly "; (iii) omitting the .words " such House " and inserting in their stead the word " it ". 19. Declaratory provisions . It is declared- (a) that contracts of insurance entered into or that are to be deemed to have been entered into by the State Government Insurance Office (Queensland ) and that pertain to insurance business , other than accident insurance, that the Office is authorized by the Workers' Compensation Act 1916-1973 to carry on were lawfully entered into and may be .continued and enforced according to their terms and conditions; (b) that moneys received by the Office or by the Insurance Commissioner on account of contracts referred to in paragraph (a) were lawfully paid to the Workers' Compensation Fund or, as the case may be, to the State Accident Insurance Fund created under The Workers' Compensation Act of 1916 as amended from time to time; (c) that moneys paid out by the Office or by the Insurance Commissioner on account of contracts referred to in paragraph (a) were lawfully appropriated from the Workers' Compensation Fund or, as the case may be, the State Accident Insurance Fund referred to in paragraph (b).

100 Workers' C ompensation Act Amendment Act 1973, No. 14 20. Ratification of payments made a__ i. (1) Where before the passing of this Act the Office has knowingly made payments to or in respect of a worker or an insured person on account of benefits payable under the Principal Act in excess of the value of the benefits provided for in the Principal Act in those cases, such payments shall be deemed to have always been duly made under the Principal Act and to have always 'been duly debited by the Office against the policy or contract of insurance pursuant to which they were made. (2) Rates of premium calculated by reference to the amount of claims that included claims in respect of which excess benefits referred to in subsection (1) had been paid shall not be questioned in any proceeding on the ground that payments of those claims were in excess of the benefits provided for in the Principal Act and all merit bonuses allowed to policy- holders and insured persons by means of those claims having been so paid shall be deemed to have always be a e,ro.. •ly allowed. 21. lye a : ] The Schedule of Rates of premiums to ' - paid to the a_ ve ect of policies and other insurance contracts ^_-l 3a=s under thy _ zinc _ t prescribed by the regulations published in The Queensland Gove: nn '. Industrial G azette dated the twenty-seventh day of January 1973 s' 11, for all purposes, be deemed to have come into force on and fro f `. day of August 1972 and shall have effect accordingly.