Workers' Compensation Act Amendment Act 1978 (Qld)

98 (Quernsfalbr ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1978 An Act to amend the Workers' Compensation Act 1916-1974 in certain particulars and for other purposes [ ASSENTED TO 2ND JUNE, 1978] 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 title and citation . (1) This Act may be cited as the Workers' Compensation Act Amendment Act 1978. (2) The Workers' Compensation Act 1916-1974 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 1916-1978. 2. Commencement . This Act shall commence on a date appointed by Proclamation.

Workers' Compensation Act Amendment Act 1978, No. 13 99 3. Amendment of s. 3 . Section 3 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the definition " Accident pay " the following definitions:- " Avveerraaggee weekly earnings "-Average weekly earnings of the worker during the 12 months last preceding the date of the injury or, if he had not been so long continuously employed, during the period for which he had been continuously employed ; " Basic wage "-In relation to a worker or any dependant of a worker, the weekly basic wage for males 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 Act 1961-1976; " Board "-The Workers' Compensation Board of Queensland established and constituted under this Act; "; (ii) omitting the definition " Deputy General Manager " and substituting the following definition:- " " Deputy General Manager "-The Deputy General Manager of the Board appointed under this Act;"; (iii) omitting the definition " General Manager " and substituting the following definition:- " GGeeneral Manager "-The General Manager of the Board appointed under this Act;"; (iv) inserting after the definition " Member of a family " the following definition:- Miniisstteerr "-The Minister for Labour Relations or other Minister of the Crown who at the material time is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister;"; (v) omitting the definition " Office "; (vi) omitting the definition " Policy " and substituting the following definition:- " Poliiccyy "-An accident insurance policy issued or deemed to be issued by the Board under this Act;"; (vii) omitting the definition " State Government Insurance Office (Queensland) "; (viii) in the definition " Worker ", (A) omitting paragraph (c) and substituting the following paragraph:- (c) Save as provided in subsection (3A), a person while he- (i) is participating as a contestant in any sporting or athletic activity; (ii) is engaged in training or preparing himself with a view to his so participating; (iii) is engaged on any daily or other periodic journey in connection with his so participating or his being so engaged, if, under the contract pursuant to which he does any of the things referred to in subparagraph (i), (ii) or (iii) of this paragraph, he is not entitled to any remuneration other than remuneration for the doing of those things;";

100 Workers ' Compensation Act Amendment Act 1978, No. 13 (B) inserting after paragraph (e) the following paragraph:- LL or (f) A person who supplies equipment, plant, machinery (not including tools designed for use by hand) or a motor vehicle (being a commercial motor vehicle fitted with a commercial type body used for the conveyance of goods, plant, machinery (not including tools designed for use by hand) or materials or a motor vehicle of any kind used for driving tuition) in the performance of a contract or of his labour at piecework rates;"; (b) in subsection (3B), omitting all words save the proviso and substituting the following words:- " Subject to this subsection, every share-farmer and every wages-man employed by a share-farmer shall, for the purposes of this Act, be deemed to be a worker employed by the owner of the farm:". 4. New ss. 3A-3Y. The Principal Act is amended by inserting after section 3 the following sections:- " 3A. Workers' Compensation Board of Queensland . (1) For the purposes of this Act there shall be established and thereafter constituted from time to time as prescribed a body corporate under the name and style " Workers' Compensation Board of Queensland ". (2) The Board by the name and style conferred upon it by subsection (1) shall have perpetual succession and a common seal and, subject to this Act, shall be capable in law of suing and being sued, of compounding and proving in any court of competent jurisdiction all debts and sums of money due to it and of acquiring, holding, demising and alienating property of all kinds and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) The Board shall have and may exercise the powers and authorities and shall perform the functions and duties conferred or imposed upon it by or under this Act. (4) The Board shall represent the Crown. 3B. Composition of Board . (1) The Board shall consist of six members appointed by the Governor in Council by notification published in the Gazette, of whom- (a) one shall be the Under Secretary for the time being of the Department of Labour Relations, wha shall be chairman; (b) one shall be the General Manager for the time being of the Board, who shall be deputy chairman; (c) one shall be a legally qualified medical practitioner who is also an officer of the Department of Health of the State, nominated by the Minister for Health; (d) one shall be a person, representative of the Government of the State, nominated by the Minister; (e) one shall be a person, representative of employers, nominated by the Minister; (f) one shall be a person, representative of employees, nominated by the Minister.

Workers' Compensation Act Amendment Act 1978, No. 13 101 (2) The provisions of the Public Service Act1922-1976 shall not apply to the appointment of any member of the Board and a member thereof shall not in his capacity as such member be subject to that Act. 3C. Powers of Board . The Board shall make recommendations to the Minister as to- (a) the bases on which- (i) rates of premium to be charged in connection with policies and other insurance contracts; (ii) benefits to be paid to injured workers and their dependants; (iii) merit or other bonus payments; (iv) demerit charges, under this Act may be fixed; (b) the circumstances in which employers- (i) shall be entitled to merit or other bonus payments; (ii) shall be liable to pay demerit charges, under this Act; (c) matters of policy in regard to the administration of this Act. 3D. Branches and agencies . (1) The Board with the approval of the Minister may establish and maintain branches and agencies of the Board in any part of the State and may close any branch or agency so established and re-open any branch or agency so closed. (2) The Board, for the purposes of the conduct of the business of the Board, with the approval of the Minister and of the Minister charged with the administration of the department concerned first had and obtained and upon such terms and conditions as ar, arranged, may make use of the services of any officer or employe of any department of the Government of the State. 3E. First constitution of Board . Upon the appointor: at of the total number of its members in the manner prescribed, the Board shall be duly constituted on and from the date on which the notification of such appointment is published in the Gazette or from such later date as is specified in that notification. 3F. Disqualification from office. A person who- (a) is a patient within the meaning of the Mental HealthAct1974; (b) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (c) has been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that if done by him in Queensland would have constituted an indictable offence, unless the Minister is of the opinion that the circumstances of the offence do not warrant disqualification from office, shall not be capable of being or continuing to be a member of the Board.

102 Workers' Compensation Act Amendment Act 1978, No. 13 3G. Tenure of office. (1) A member of the Board shall be appointed and hold office for a term of five years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. A member of the Board shall, if he is otherwise qualified, be eligible for re-appointment as a member. (2) The Governor in Council may at any time remove from office a member of the Board by notification published in the Gazette. (3) The office of a member of the Board shall become vacant if the member- (a) dies; (b) resigns his office by writing signed by him furnished to the Minister; (c) is absent without prior leave granted by the Board from three consecutive meetings of the Board of which due notice has been given to him; (d) ceases to be qualified as a member; (e) is removed from office as a member by the Governor in Council. (4) A person specified in paragraph (d), (e) or (f) of section 3B (1) who becomes a member of the Board shall retire from office as such member on attaining the age of 70 years, notwithstanding that the then subsisting term of his appointment has not expired, and the office of such member shall thereupon become vacant. (5) Attendance of a member of the Board at the time and place appointed for an ordinary meeting of the Board shall be deemed to constitute presence at a meeting notwithstanding that, by reason that a quorum is not present, no meeting is then and there actually held and the secretary to the Board shall enter in the minute book the names of all members who so attend. 3H. Casual vacancies . (1) When a vacancy occurs in the office of a member of the Board during the term of office of the members then constituting the Board, the Governor in Council may appoint as prescribed another person as a member to hold office for the balance of his predecessor's term of office as a member. (2) A person appointed to fill a casual vacancy in the membership of the Board shall hold office for the balance of his predecessor's term of office as a member or until he sooner vacates that office and shall, if otherwise qualified, be eligible for re-appointment. 31. Deputies of members . (1) The Governor in Council may at any time appoint persons who are not members of the Board to be deputies of the several members of the Board. (2) A person appointed as a deputy member of the Board shall, in the absence of the member whose deputy he is, attend any meeting of the Board in the stead of that member and whilst so attending shall have and may exercise all the powers and authorities and shall perform the functions and duties of a member of the Board.

Workers' Compensation Act Amendment Act 1978, No. 13 103 3J. Meetings . (1) The Board shall meet as often as is necessary for the exercise and performance of its powers, authorities, functions and duties. The chairman may at any time convene a meeting of the Board. (2) Notice of every meeting or adjourned meeting, save a meeting adjourned to a later hour of the same day on which it was appointed to be held, shall be in writing and shall be given by the chairman to every member of the Board at least seven days prior to the date appointed for that meeting. A notice of a meeting or an adjourned meeting may be given to a member by prepaid post letter addressed to his place of business or residence last known to the chairman. (3) The members present at a meeting of the Board may at any time adjourn the meeting. If a quorum is not present at a meeting of the Board within 15 minutes after the time appointed for the commencement of the meeting, the member or members present or the majority of them if more than two are present or the secretary to the Board if no member is present or if the members present are equally divided on the issue may adjourn the meeting to a time and date not later than seven days after the date of the adjournment. The provisions of this subsection shall be construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which the meeting was appointed to be held. 3K. Procedure at meetings . (1) The chairman of the Board shall preside at all meetings of the Board at which he is present and in his absence from any cause the deputy chairman of the Board shall preside. Whilst so presiding the deputy chairman of the Board shall have and may exercise the powers and authorities and shall perform the functions and duties of the chairman of the Board. (2) A quorum shall consist of three members of the Board of whom the chairman or deputy chairman of the Board shall be one and business shall not be conducted at a meeting of the Board unless a quorum is present. R. Conduct of affairs . (1) The Board shall exercise or perform a power, authority, function or duty by the vote of its members present at a meeting and voting on the business in question. (2) A member of the Board who being present at a meeting and eligible to vote abstains from voting shall be taken to have voted for the negative. (3) The chairman has a deliberative vote and, in the event of an equality of votes upon any question, also has a casting vote. (4) Subject to this Act, the Board shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time.

104 Workers' Compensation Act Amendment Act 1978, No. 13 3M. Minutes. The chairman of the Board shall cause to be kept a record of all decisions of the Board whether made at a duly constituted meeting or by reference in writing and that record shall be presented to a subsequent meeting of the Board for confirmation as to its correctness and shall be signed by the chairman and thereupon shall form part of the minutes of that meeting. 3N. Custody and affixing of seal . The common seal of the Board shall be kept in the custody of the secretary to the Board or, where there is a temporary vacancy in that position, of the chairman. The common seal shall be affixed to a document only in pursuance of a resolution of the Board and by the person having the custody of that seal in accordance with this Act. Where that person is the secretary to the Board, the common seal shall be affixed in the presence of the chairman. 3P. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Board for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or by the secretary to the Board at the chairman's direction. 3Q. Validity of acts. Any act, proceeding, decision or determination of the Board is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the Board at the time of that act, proceeding, decision or determination. 3R. Execution of- contracts , agreements . Contracts or agreements on behalf of the Board may be made, varied or discharged in the following manner:- (a) A contract or agreement that, if made between private persons, would be required by law to be in writing under seal may be made, varied or discharged in the name and on behalf of the Board, in writing under the common seal of the Board. (b) A contract or agreement that, if made between private persons, would be required by law to be in writing and signed by the parties to be charged therewith may be made, varied or discharged in the name and on behalf of the Board, in writing signed by any person acting under the implied or express authority of the Board. (c) A contract or agreement that, if made between private persons, would by law be valid although made by parol only and not reduced into writing, may be made, varied or discharged by parol in the name and on behalf of the Board, by any person acting under the express or implied authority of the Board. 3S. Remuneration of members . (1) A member of the Board shall be paid such fees, remuneration and allowances in respect of the discharge by him of his duties as member as are approved by the Governor in Council.

Workers ' Compensation Act Amendment Act 1978, No. 13 105 (2) A payment with respect to a member as a member or in any other capacity may differ according to class of payment or rate or both class and rate from a payment with respect to any other member. (3) A provision in any Act requiring the holder of an office specified therein to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to disqualify him from holding that office and also the office of a member of the Board or from accepting and retaining any remuneration, fees or allowances payable to him pursuant to this section. (4) A remuneration or fee or an allowance shall not be paid to a member of the Board who is an officer of the Public Service of Queensland for attendance at a meeting of the Board held during the ordinary office working hours of that officer. 3T. Annual report and financial statements . (1) As soon as conveniently may be after 30th June in each year, the Board shall furnish to the Minister a report of the administration of the Board and its operations under this Act during the year ended on that day. (2) The Board shall prepare and furnish with the report referred to in subsection (I)- (a) a statement of accounts for the period of 12 months in question and a balance sheet each in such form and containing such particulars as the Minister directs; (b) a certificate of the Auditor-General setting forth whether or not- (i) he has received all the information and explanations required by him; (ii) the statement and balance sheet are, in his opinion, in agreement with the accounts and have been properly drawn up so as to present a true and fair view of the transactions for the period of 12 months in question and the financial position of the Board at the end of that period. (3) The Minister shall lay the report, statement and balance sheet before the Legislative Assembly within 14 sitting days after they are received by him if the Legislative Assembly is then in session but if it is not then in session within 14 sitting days after the commencement of its next session. 3U. Determination as to property to be acquired and liabilities to be assumed . (1) Subject to sections 4 and 4A, the Governor in Council, on the recommendation of the Treasurer, shall determine- (a) the property of the State Government Insurance Office (Queensland) to be acquired by the Board for the purpose of the Board's exercising any of its powers and authorities or performing any of its functions and duties; (b) the terms on which property to be acquired by the Board shall be acquired; (c) the liabilities and obligations of the State Government Insurance Office (Queensland) to be assumed by the Board for a like purpose,

106 Workers' Compensation Act Amendment Act 1978, No. 13 and thereupon- (d) the property so determined shall be the property to be acquired by the Board; (e) the terms so determined shall be the terms on which property to be acquired by the Board shall be acquired; (f) the liabilities and obligations so determined shall be the liabilities and obligations to be assumed by the Board. (2) The basis of the determination of the Governor in Council pursuant to subsection (1) shall be the values of assets and the amounts of liabilities as indicated in the final accounts and balance sheet of the State Government Insurance Office (Queensland) as at 30th June 1978, certified by the Auditor-General. 3v. Vesting of property and assumption of liabilities. (1) Upon a determination pursuant to section 3u, the Governor in Council by Order in Council may declare a date on and from which- (a) the property therein specified shall be divested from the State Government Insurance Office (Queensland) and shall vest in the Board; (b) the liabilities or obligations therein specified shall be assumed by the Board and shall cease to be liabilities or obligations of the State Government Insurance Office (Queensland). A date declared pursuant to this subsection may be before or after the date of the making of the Order in Council or of its publication in the Gazette. (2) Upon the date declared by an Order made pursuant to subsection (1)-- (a) the estate, right, title and interest in and to the property therein specified shall by force of the Order be divested from the State Government Insurance Office (Queensland) and vested in the Board; (b) the Board shall by force of the Order be liable in respect of each of the liabilities and obligations therein specified and the State Government Insurance Office (Queensland) shall by force of the Order cease to be liable in respect thereof and, where the case requires it, the Board and the State Government Insurance Office (Queensland) shall be deemed to have been so liable or, as the case may be, not to have been so liable on and from the date so declared. (3) A transfer of property or of a liability or obligation from the State Government Insurance Office (Queensland) to the Board pursuant to this section shall not, subject to the express provisions of the Order in Council made in relation to that transfer, prejudice the making or enforcement, by the State Government Insurance Office (Queensland) against any person or by any person against the State Government Insurance Office (Queensland), of any claim liquidated or unliquidated that arose or was made before the date declared by the Governor in Council for such transfer to take effect.

Workers' Compensation Act Amendment Act 1978, No. 13 107 (4) Where property (being a chose in action) or a liability or obligation transferred from the State Government Insurance Office (Queensland) to the Board pursuant to this section arises by reason of a contract or agreement made between the State Government Insurance Office (Queensland) and any person, then, for the purpose of enforcing by or against the Board such chose in action or liability or obligation, it shall be deemed that such contract or agreement was made between the Board and that person. 3W. Aid to Board in securing property . (1) Upon the request of the Board, the State Government Insurance Office (Queensland), in respect of property divested pursuant to section 3v- (a) shall surrender to the Board or its agent such documents of title and documents evidencing ownership of the property as are in its possession or under its control; (b) shall duly complete all transfers of right, title or interest and other documents that are required by the Board with a view to its being recorded in a register as proprietor, lessee or owner of the property; (c) shall do all such acts and take such steps as are required by the Board with a view to securing the property to the Board. (2) Where property vested in the Board pursuant to section 3v consists of a chose in action, the publication in the Gazette of the relevant Order in Council shall be sufficient notice to all persons of the passing of the property. 3x. Enactments not applicable to certain dealings . (1) Stamp duty or other fees shall not be chargeable on the following documents :- (a) a notification evidencing an agreement between the State Government Insurance Office (Queensland) and the Board prepared for the purposes of section 3u; (b) an instrument made to evidence the passing of an estate or interest in any land from the State Government Insurance Office (Queensland) to the Board; (c) a document made in connection with the passing of property or the transfer of any liability or obligation from the State Government Insurance Office (Queensland) to the Board pursuant to section 3v. (2) The provisions of an Act or enactment that purport to restrict the capacity of the State Government Insurance Office (Queensland) or the Board to enter into contracts do not apply in respect of the making of an agreement between that Office and the Board with a view to the passing of property or the transfer of liability pursuant to section 3v. 3Y. Apportionment of liability . Where it becomes necessary after the date of commencement of the Workers' Compensation Act Amendment Act 1978 to apportion between the State Government Insurance Office (Queensland) and the Board any liability or

108 Workers' Compensation Act Amendment Act 1978, No. 13 obligation of that Office, the Governor in Council may declare the apportionment of that liability considered by him to be just and thereupon the portion of that liability or obligation to be assumed by the Board shall be the portion so declared. 5. Repeal of and new s. 4. The Principal Act is amended by repealing section 4 and substituting the following section:- " 4. Accident insurance and other insurance . (1) The Board is empowered and authorized- (a) to carry on the business of accident insurance; (b) to carry on such of the business of insurance of persons, whether or not employers, in respect of injury suffered by them and liability incurred by them in respect of injury suffered by other persons as is provided for by or under this Act; (c) to do all such acts and things and take all such steps as are necessary and incidental to the exercise of the powers and authorities conferred by paragraphs (a) and (b). (2) All policies of accident insurance and of other insurance issued by the Insurance Commissioner or the State Government Insurance Office (Queensland) under this Act and subsisting immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 shall, on and from that date, be deemed to be policies issued by the Board and the provisions of this Act shall, with respect to such policies, apply and extend accordingly. (3) All claims made to the State Government Insurance Office (Queensland) prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 and not finalized at that date shall be deemed to be claims made to the Board and may be carried on and finalized by the Board. (4) Every policy issued or deemed to be issued by the Board shall be guaranteed by the Crown.". 6. New s. 4A. The Principal Act is amended by inserting after section 4 as inserted by this Act the following section:- " 4A. Transitional and savings provisions . (1) All moneys and claims, liquidated or unliquidated, that immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 were payable to or by or recoverable by or against the State Government Insurance Office (Queensland) in connection with policies of accident insurance or of other insurance issued by the Insurance Commissioner or the State Government Insurance Office (Queensland) under this Act shall be payable to or by and recoverable by or against the Board. (2) All suits, actions and proceedings brought at the suit of or against the State Government Insurance Office (Queensland) in connection with policies of accident insurance or of other

Workers' Compensation Act Amendment Act 1978, No. 13 109. insurance issued by the State Government Insurance Office (Queensland) under this Act and pending immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 may be continued by.or against the Board. (3) All securities and charges in favour of the State Government Insurance Office (Queensland) existing immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 in respect of moneys and claims, liquidated or unliquidated, may be enforced and realized by the Board. (4) The regulations made under this Act with respect to the carrying on of the business of accident insurance or other insurance under this Act and subsisting immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 shall, so far as those regulations are consistent with this Act, continue in force for the purposes of this Act and every such regulation shall be read and construed subject to this Act and may be revoked or amended under this Act. (5) So far as it relates to the carrying on of the business of accident insurance or other insurance under this Act, a reference in any Act or in any Proclamation, Order in Council, regulation, rule, by-law or ordinance made under any Act or in any instrument or document to the Insurance Commissioner or the State Government Insurance Office (Queensland) shall be read and construed as a reference to the Board.". 7. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) omitting the first paragraph and substituting the following paragraphs:- " The fund called the " Workers' Compensation Fund " kept at the State Government Insurance Office (Queensland) and in existence immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 shall be continued in existence and shall be established and kept at the Treasury as a fund of the Trust and Special Funds. All moneys standing at credit in the Workers' Compensation Fund immediately prior to the date of commencement of the Workers' Compensation Act Amendment Act 1978 shall be transferred to that fund as established at the Treasury. Subject to this Act and any other Act or law, the Treasurer shall administer, manage and control the fund."; (b) omitting the word " Office " wherever occurring and substituting in each case the word " Board ". 8. New ss . 5A, 5B . The Principal Act is amended by inserting after section 5 the following sections:- " 5A. Appointment of officers and employees . (1) The Governor in Council- (a) shall appoint a General Manager and a Deputy General Manager of the Board;

110 Workers' Compensation Act Amendment Act 1978, No. 13 (b) may appoint such and so many actuaries , adjusters, inspectors, medical practitioners, supervisors and other officers as he thinks necessary for the effectual administration of this Act. (2) Appointments made pursuant to subsection (1) shall be made and persons appointed shall hold office under, subject to and in accordance with the Public Service Act1922-1976. (3) For a period of three years commencing on the date of commencement of the Workers' Compensation Act Amendment Act 1978 and in respect only of those officers who were in the employment of the office of the State Government Insurance Office (Queensland) immediately prior to the date of commencement of that Act, employment in that office and employment in the office of the Board shall be deemed to be employment in the one department for the purpose of the application of any provision of the Public Service Act1922-1976 that confers or regulates a right of appeal against promotion and for that period and in respect of those officers any vacancy occurring or new office created in either of those offices shall be deemed to be a vacancy occurring or, as the case may be, a new office created in that department. 5B. Functions of General Manager and Deputy General Manager . (1) Save as is in this Act otherwise expressly provided, the General Manager shall, subject to the Board, conduct the business of the Board. (2) The Deputy General Manager shall assist the General Manager in the conduct of the business of the Board and in addition shall perform such other functions and duties as the General Manager directs.". 9. New ss . 7, 7A. The Principal Act is amended by inserting after section 6 the following sections:- " 7. Surplus profits. (1) As soon as conveniently may be after 30th June in each year, the Board shall prepare and furnish to the Minister a report setting out the amounts that in its opinion are the net surplus profits of the Board for the year that ended on that day and making recommendations as to the amount that is available for distribution. The Minister may obtain the opinion of an actuary or other competent person as to any recommendation made in the report. (2) The Minister shall lay the report and opinion of the actuary or other competent person referred to in subsection (1) before the Governor in Council with a proposed scheme for distribution of any sum recommended for distribution and the Governor in Council may approve that such sum be divided amongst holders of policies current at any time during the year to which the report relates and his decision shall be given effect to. 7A. Stamp duties and taxation . (1) The Stamp Act 1894-1976 applies to and with respect to the Board in relation to returns of premiums charged, made pursuant to section 47B of that Act and other insurance business under this Act. (2) An Act of the State that imposes taxation shall, to the extent to which that Act applies to the business of accident insurance and other insurance under this Act, apply to the Board and such insurance business.".

Workers' Compensation Act Amendment Act 1978, No. 13 111 10. Amendment of s. 8 . Section 8 of the Principal Act is amended by inserting after subsection (7) the following subsection:- " (8) Where a person engages a contractor other than a contractor to whom section 3 (2) refers who, in performing his contract with that person, employs workers, the indemnity provided by a policy of accident insurance maintained by the contractor shall extend to indemnify that person in respect of damages under circumstances creating independently of this Act a legal liability in that person to pay damages in respect of injury to any worker employed by the contractor while that worker is engaged in the work that the contractor has contracted to perform for that person.". 11. Amendment of s. 9 . Section 9 of the Principal is amended by- (a) inserting in and at the beginning of the section the note " Liability to compensation . Washington, c. 74 of 1911 , s. 5; c. 148 of 1913."; (b) omitting subsection (1) and the note appearing in and at the beginning thereof and substituting the following subsections:- " (1) A worker who has received an injury arising out of or in the course of his employment (and, in the case of the death of the worker, his dependants) shall, subject to this Act, receive out of the Workers' Compensation Fund compensation in accordance with this Act. (IA) Without limiting the generality of subsection (1) of section 8 and subject to subsection (3) of this section, an injury to a worker shall be deemed to arise out of or in the course of his employment if the injury occurs- (a) while the worker on any working day on which he has attended at his place of employment pursuant to his contract of service or apprenticeship- (i) is present at that place and at the material time engaged in some act for the purposes of and in connection with his employer's trade or business; (ii) having been so present, is temporarily absent therefrom on that day during any ordinary recess and does not during any such recess voluntarily subject himself to any abnormal risk of injury or receive an injury without his serious and wilful misconduct; or (iii) is, in the course of his employment or while under his employer's instructions, away from that place; (b) while the worker- (i) is travelling between his place of abode and place of employment; (ii) is travelling between his place of abode or place of employment and any trade, technical or other training school that he is required to attend by the terms of his employment or as an apprentice or that he is expected by his employer to attend, or is in attendance at such school; (iii) is travelling between his place of abode or place of employment and any other place for the purpose of obtaining a medical certificate or receiving medical, surgical or hospital advice, attention or treatment

112 Workers' Compensation Act Amendment Act 1978, No. 13 or of receiving payment of compensation in connection with any injury for which he is entitled to receive compensation or for, the purpose of submitting himself for examination by a duly qualified medical practitioner pursuant to any provision of this Act or any requirement made thereunder, or is in attendance at any place for any such purpose; or (iv) is travelling between his place of abode and place of employment where the journey is made for the purpose of receiving payment of any wages or other moneys due to him under the terms of his employment that, pursuant to the terms of his employment or any agreement or arrangement between him and his employer, are available or are reasonably expected by the worker to be available for collection by him at his place of employment."; (c) in subsection (2), (i) omitting the first three paragraphs and substituting the following paragraphs :- " Where an employer has a place of employment in Queensland or is for the time being present in Queensland and there employs a worker and that worker while outside Queensland receives an injury under circumstances that, had the injury been received in Queensland, would entitle him to compensation in accordance with this Act, that worker (and in the case of the death of the worker, his dependants) shall receive out of the Workers' Compensation Fund compensation in accordance with this Act and the provisions of this Act shall with all necessary adaptations apply to and in respect of such injury: Provided that- (a) compensation shall not be payable pursuant to this subsection if in respect of such injury the worker has (and, in the case of the death of the worker, his dependants have) received workers' compensation by whatever name called under the laws of any State other than Queensland or of the Commonwealth or a Territory thereof or any other country or obtained judgment against his employer independently of this Act; (b) where the worker receives compensation pursuant to this subsection in respect of such injury and subsequently, in respect of such injury, receives workers' compensation by whatever name called under the laws of any State other than Queensland or of the Commonwealth or a Territory thereof or any other country or obtains judgment against his employer independently of this Act, the Board shall be entitled to recover from such worker the amount of compensation paid to him pursuant to this subsection. This subsection- (a) shall be deemed to be incorporated in every policy of insurance in force pursuant to section 8; (b) applies with respect to persons- (i) deemed to be employers; and (ii) deemed to be workers;

Workers' Compensation Act Amendment Act 1978, No. 13 113 (c) does not apply to a worker who has been continuously engaged outside Queensland for more than two years in employment to which this subsection relates."; (ii) in the last paragraph, omitting the words " in any other part of the Commonwealth of Australia or its dependencies " and substituting the words " at a place outside Queensland "; (d) in subsection (2A), omitting from paragraph (ii) the word " residence " wherever occurring and substituting in each case the word " abode "; (e) in subsection (5), in paragraph (b), omitting the word " residence " and substituting the word " abode "; (f) inserting after subsection (5) the following subsection:- " (6) In this section " place of abode " includes the place where the worker has spent the night preceding his journey and from which he is journeying and the place to which he is journeying with the intention of there spending the night following his journey.". 12. Amendment of s. 9A. Section 9A of the Principal Act is amended by- (a) in subsection (1), (i) omitting the word " subsections " and substituting the word " subsection "; (ii) inserting after the words " some other Act " the words " of Queensland or any other State of the Commonwealth or the Common- wealth or any other country "; (b) in subsection (2), omitting the words " a copy of the writ of summons, summons," and substituting the words ", within seven days after service thereof by him on the employer or person referred to in section 8 (8), a copy of the writ of summons, summons, statement of claim,". 13. Amendment of 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 figures " 15,000 " and substituting the figures 26 750 "; (B) omitting the expression " the sum of $400 "; (C) inserting after the word " institution " the following words:- the sum of $500 in respect of each year or part of a year comprising the period commencing on the date of death of the worker and terminating on the date on which that child, step-child, brother or sister attains the age of sixteen years or, as the case may be, twenty-one years but in no case shall the amount paid in respect of each dependant under this provision exceed $2 000 "; (D) omitting from the proviso the figures " 2,500 " and substituting the figures " 4 440 "; (ii) in paragraph (ii), omitting the figures " 2,200 " and substituting the figures " 3 910 "; (iii) in paragraph (iii), omitting the figures " 900 " and substituting the figures " 1 620 ";

114 Workers' Compensation Act Amendment Act 1978, No. 13 (iv) in paragraph (iv), omitting the figures " 1,700 " and substituting the figures " 3 030 "; (v) omitting from the paragraph commencing with the word " Notwithstanding "- (A) the word " payable-"; (B) subparagraphs (a) and (b), and substituting the following words:- payable to the legal personal representative of the dependant for the benefit of the dependant's estate an amount of compensation based on prescribed payments for the period commencing on the date of death of the worker and terminating on the date of death of the dependant. The prescribed payments are- (a) a weekly payment of an amount equal to 25 per centum of the basic wage- (i) in respect of the widow of the worker, if she was at the time of death of the worker totally or mainly dependent upon his earnings; or (ii) in respect of a woman (not being the widow of the worker) who has lived in a connubial relationship with the worker for a continuous period of three years at the least terminating on his death, if she was at the time of death of the worker totally or mainly dependent upon his earnings; or (iii) where there is no widow or such a woman, in respect of any one woman who was at the time of death of the worker totally or mainly dependent upon his earnings and who is- (A) caring for a child or step-child of the worker who is 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; (b) a weekly payment of an amount equal to 10 per centum of the basic wage- (i) in respect of each child or step-child of the worker who was at the time of death of the worker totally or mainly dependent upon his earnings and who is 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; (ii) in respect of each child of a woman (not being the widow of the worker) who has lived in a connubial relationship with the worker for a continuous period of three years at the least terminating on his death, which child was at the time of death of the worker totally or mainly dependent upon his earnings and is 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;

Workers' Compensation Act Amendment Act 1978, No. 13 115 (iii) in respect of each brother or sister of the worker who was at the time of death of the worker totally or mainly dependent upon his earnings and who is 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."; (b) in provision (B), (i) omitting paragraph (a) and substituting the following paragraph:- " (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- (aa) 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; (bb) 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 to which this subparagraph (i) applies shall the payment exceed the following:- (cc) where the worker is permanently employed, the weekly rate of wages applicable to the industrial award or registered industrial agreement under which the worker is employed, as varied from time to time; (dd) where the worker is casually employed, the weekly rate of wages applicable to the industrial award or registered industrial agreement under which the worker is employed, as varied from time to time, or his average weekly earnings whichever is the less; (ii) in the case of a worker employed in any government department as an officer, by any university or college of advanced education in Queensland or by any hospitals board constituted under the Hospitals Act 1936-1976 whose employment in any such case is not provided for in any industrial award or registered industrial agreement- (aa) for a period of 26 weeks and no longer, of the weekly rate of salary or wages provided for by the contract of service under which he is employed at the time of the injury, as varied from time to time; (bb) 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 to which this subparagraph (ii) applies shall the payment exceed the following:- (cc) where the worker is permanently employed, the weekly rate of salary or wages as provided by the contract of service under which he is employed at the time of the injury, as varied from time to time; (dd) where the worker is casually employed, his average weekly earnings;

116 Workers' Compensation Act Amendment Act 1978, No. 13 (iii) in the case of a worker not employed under an industrial award or registered industrial agreement other than a worker to whom subparagraph (ii) applies- (aa) for a period of 26 weeks and no longer, of the weekly rate of wages provided for 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 80 per centum of the weekly rate of wages provided for by the contract of service under which the worker is employed at the time of the injury, as varied from time to time, whichever is the greater: Provided that where the weekly rate of wages provided for by the contract of service under which the worker is employed at the time of the injury is less than the weekly rate of wages provided for in such award, the weekly payment to the worker shall be the weekly rate of wages provided for by that contract of service; (bb) 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) or his average weekly earnings whichever is the less; (iv) in the case of a worker employed as a waterside worker in the port of Bowen, Bundaberg, Cairns, Gladstone, Mackay, Townsville or Urangan- (aa) for a period of 26 weeks and no longer, of the guaranteed weekly wage pursuant to the relevant award or registered industrial agreement or the less of the basic wage together with such additional allowances as are specified in paragraph (d) of this provision (B) and the worker's average weekly earnings, whichever is the greater; (bb) 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 to which this subparagraph (iv) applies shall the weekly payment exceed the worker's average weekly earnings or the worker's guaranteed weekly wage whichever is the greater; (v) 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) but in no case to which this subparagraph (v) applies shall the weekly payment exceed the weekly rate of wages provided for by the industrial award or registered industrial agreement under which the worker is employed at the time of the injury, as varied from time to time; (vi) in the case of a person not employed under a contract of service or not deemed to be a worker for the purposes of this Act who is a member of a local emergency service

Workers' Compensation Act Amendment Act 1978, No. 13 117 or any body acting under the authority of the State Counter-Disaster Organization or the State Emergency Service within the meaning of the State Counter-DisasterOrganization Act1975 while he is engaged in counter- disaster operations or participating in counter-disaster training in the manner prescribed by section 36 of that Act, of such amount in respect of loss suffered as the result of an injury sustained by him while engaged in such operations or participating in such training as the Board determines in any case not exceeding $50: Provided that in the case of a self-employed person, the weekly compensation payable shall be the amount of such loss but in no such case shall the payment exceed the maximum payment provided for in subparagraph (iii) of this paragraph (a). Where in any case to which subparagraph ( i), (ii), (iii ) or (iv) applies, payments of compensation have been made prior to 1st 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 1st August 1972."; (ii) in paragraph (b), omitting all words commencing with the words " The maximum " to the end of the subsection; (iii) in paragraph (c), omitting the first two paragraphs and substituting the following paragraphs:- " 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 be 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 his loss of earnings bears to the weekly rate of wages provided for by the industrial award or registered industrial agreement that in either case governs the calling in which he is engaged at the time of the injury, as varied from time to time or, if his employment is not provided for in any such award or agreement, as his loss of earnings bears to his average weekly earnings. In this paragraph (c) " loss of earnings " means the difference between the worker's average weekly earnings at the time of the injury and the weekly earnings that are derived by the worker from employment during the period of his partial incapacity or, if he was not so employed, that could reasonably be expected to be derived by him during that period regard being had to the extent of his incapacity and the availability of that employment."; (iii) in paragraph (d), (A) omitting the expression " and (iv) " and substituting the expression " , (iv) and (v) "; (B) in subparagraph ( iii), inserting after the word " worker " where it occurs in provision (a) the words " who is "; (iv) in paragraph ( e), omitting the figures " 15,000 " and substituting the figures " 26 750 "; (v) omitting paragraph (g); (c) in provision (C),

118 Workers' Compensation Act Amendment Act 1978, No. 13 (i) in paragraph (d), omitting the figures " 15,000 " and substituting the figures " 26 750 "; (ii) in paragraph (f), omitting the figures " 15,000 " and substituting the figures " 26 750 "; (iii) in paragraph (h), omitting the words " continuously resident in Queensland during the five years, or resident " where they occur in subparagraph (i) of the second paragraph and substituting the words resident in Queensland "; (iv) omitting the table set forth therein and substituting the following table:- TABLE 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 .. 26 750 26 750 26 750 26 750 26 750 26 750 26 750 13 570 6 800 9 890 9 890 4 280 12 610 10 680 4 280 2 700 3 100 1 680 2 700 1 680 1 320 1 460 11 600 10 100 9 890 3 100 1 680 1 320 6 800 14. Amendment of s. 14A. Section 14A of the Principal Act is amended by- (a) in subsection (3), inserting after the word " question " the words " but in no case shall the amount exceed 50 per centum of the total amount of compensation payable in accordance with this Act ";

Workers' Compensation Act Amendment Act 1978, No. 13 119 (b) in subsection (4), omitting the figures " 15,000 " and substituting the figures " 26 750 "; (c) in subsection (6), omitting the figures " 15,000 " and substituting the figures " 26 750 "; 15. Amendment of s. 14B . Section 14B of the Principal Act is amended by- (a) in subsection (1), omitting from paragraph (d) the words " incapacitated from earning full wages at the work at which he was employed " and substituting the words " totally incapacitated for work "; (b) in subsection (2), (i) in paragraph A, (A) omitting from subparagraph (i) the figures " 430 " and substituting the figures " 1 620 "; (B) omitting subparagraph (ii) and substituting the following subparagraph:- (ii) To the widow of the deceased worker or to a woman (not being his widow) who has lived in a connubial relationship with him for a continuous period of three years at the least terminating on his death if she was totally or mainly dependent upon his earnings at the time of his death, the sum of $15 per week;" ; (C) omitting from the proviso the figures " 17 ", " 15,000 " and " 2,500 " and substituting in each case respectively the figures " 25 ", " 26 750 " and " 4 440 "; (ii) in paragraph B, (A) omitting from subparagraph (i) the figures " 10 " and substituting the figures " 15 "; (B) omitting subparagraph (ia) and substituting the following subparagraph:- " (ia) In respect of the wife of the worker or a woman (not being his wife) 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 who is totally or mainly dependent upon his earnings, the sum of $10 per week during the incapacity of the worker;"; (C) omitting from the proviso the figures " 17 " and substituting the figures " 25 ". 16. Amendment of s. 14C. Section 14c of the Principal Act is amended by, in subsection (3), in paragraph (e), omitting the word " seven " and substituting the word " twelve ".

120 Workers' Compensation Act Amendment Act 1978, No. 13 17. Amendment of s. 14D . Section 14D of the Principal Act is amended by- (a) in subsection (2), in the definition " medical treatment ", (i) omitting from provision (a) the words " a physiotherapist or a masseur " and substituting the words " or a registered physiotherapist "; (ii) inserting after the word " of " where it occurs in provision (b) the words " diagnostic procedures,"; (b) omitting subsection (3) and substituting the following subsection:- ,, (3) (a) The fees and costs that the Board is liable to pay under this section in respect of medical treatment afforded to a worker in respect of one and the same injury (including the case where such treatment is afforded at different stages of the injury) shall be- (i) in respect of medical treatment by a legally qualified medical practitioner, the fees specified for such treatment under the appropriate headings in the Schedule of Medical Benefits under the NationalHealth Act1953-1973 of the Commonwealth at the material time or any schedule in amendment thereof or substitution therefor whether made under that Act or any Act in amendment thereof or substitution therefor; (ii) in respect of treatment by a registered dentist or registered physiotherapist, the reasonable cost of such treatment as determined by the Board; (iii) in respect of nursing, medicines, medical or surgical supplies or curative apparatus provided for or supplied to him otherwise than as a patient at a hospital, the reasonable cost thereof as determined by the Board; (iv) in respect of after attendance following a surgical operation, the reasonable cost thereof as determined by the Board for any period determined by the Board up to but not exceeding three months. (b) Accounts for medical treatment under this section shall be rendered to the Board promptly and in any case within two months after the completion thereof and shall specify- (i) in the case of treatment by a legally qualified medical practitioner, the relevant item numbers in the Schedule of Medical Benefits referred to in paragraph (a); (ii) the date of each attendance; (iii) detailed particulars of treatment; (iv) the name and address of the injured worker; (v) the name and address of his employer. (c) An injured worker who receives medical treatment shall be furnished with the prescribed medical certificate free of any charge. (d) A medical practitioner, registered dentist or registered physiotherapist who considers the fees prescribed or determined by the Board in any particular case to be inadequate owing to special

Workers ' Compensation Act Amendment Act 1978, No. 13 121 circumstances may apply to the Board for an increase in such fees setting out the special circumstances and the reasons why he considers such fees should be increased and the Board may, if upon consideration of the application it is satisfied that an increase is justified, approve such increase and determine the amount thereof."; (c) in subsection (4), inserting after the word " worker " where it occurs in the second paragraph of the definition " Hospital treatment " the words " or where it appears to the Board that admission of the worker to a hospital other than a public hospital would relieve prolonged pain and suffering to the worker or would result in material saving of costs to the fund and prior arrangements are entered into with the worker "; (d) in subsection (5), (i) in paragraph (a), (A) omitting the expression " a rate not exceeding $30.50 per week " and substituting the words " the weekly rate of hospital charges current at the material time "; (B) omitting from the first proviso the words " aforesaid $30.50 " and substituting the words " charges specified in this paragraph (a)"; (ii) in paragraph (c), omitting the figures " 660 " wherever occurring and substituting in each case the figures " 1 200 "; (e) in subsection (6), omitting the figures " 1,500 " and substituting the figures " 3 500 ". 18. Amendment of s. 14E. Section 14E of the Principal Act is amended by omitting subsection (4). 19. Amendment of s. 20 . Section 20 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that in the opinion of the Governor in Council are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act."; (b) in subsection (2), (i) (A) inserting after the word " charged " the words " and demerit charges to be made "; (B) inserting after the word " rates " the words " or charges "; (C) in the proviso, inserting after the word " premium " the words " or charge "; (ii) inserting after subparagraph (i) the following subparagraph:- " (ia) Provide for the charging of additional premiums in connection with policies and fixing the rates thereof in any case where an employer fails to lodge with the Board the prescribed annual returns within the time determined by the Board;". 20. Amendment of Schedule . The Schedule to the Principal Act is amended by- (a) omitting clause 2; (b) in clause 3A, inserting after the word " member " the words " of the Board and "; 5 67042

122 Workers ' Compensation Act Amendment Act 1978, No. 13 (c) in clause 10, omitting the words " made to the injured worker in question by his employer or " and substituting the words " that is being received by the injured worker in question or made to him "; (d) in clause 26, omitting the word " No " and substituting the words " Subject to clause 26A, no "; (e) inserting after clause 26 the following clause:- " 26A. Recovery of compensation over-paid . Where in respect of any claim for compensation a person has received a payment by way of compensation in excess of the payment to which he was entitled under this Act, the Board- (a) may recover from that person by complaint under this Act of the General Manager or person appointed in writing by the Board in that behalf as a debt due to Her Majesty and payable to the Board the difference between the payment received by him and the payment to which he was entitled; or (b) may deduct from moneys that may become payable to or in relation to that person whether in respect of that claim or a subsequent claim the difference between the payment received by or in relation to him and the payment to which he or any person in relation to him was entitled."; (f) omitting clause 29 and substituting the following clause:- " 29. Power to re-insure . The Board may, on such terms and conditions as it thinks equitable, re-insure the whole or any portion of any risk accepted pursuant to this Act. Moneys payable in respect of re-insurance in accordance with this clause shall be paid out of the fund.". 21. Ratification of payments made and premiums charged . (1) Where before the passing of this Act the State Government Insurance Office (Queensland) 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 State Government Insurance Office (Queensland) against the policy or contract of insurance pursuant to which they were made. (2) Rates of premiums 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 been properly allowed. 22. Amendments re certain references . Every provision of the Principal Act the number of which is set out in the first column of the schedule is amended by omitting from that provision the word or words in the second column of the schedule set opposite the number of the provision and where the word or words in question occur in the provision more than once, omitting the word or words wherever occurring and by inserting in its or, as the case may be, their stead, and where omitted

Workers' Compensation Act Amendment Act 1978, No. 13 123 more than once wherever omitted, the word or words, if any, in the third column of the schedule set opposite the word or words in question so omitted from that section. SCHEDULE [s. 22] First Column Number of Provision Second Column Word or Words to be Omitted Third Column Word or Words to be Inserted (a) In Act 6 (1) and (2) 8 (1), (2), (4), (5) and (6) 8A headnote 8A (1) 9(2) 9A (1), (2) and (3) 13 (1) 14 (1) (B) (c) 14A (5) and (8) 14B (1), (2) B, (3), (4), (7), (8) and (9) 14c (3) (c) 14c (3) (j) (v) 14c (4), (5), (6), (7), (8), (9), (10), (11), (12) and (13) 14D headnote 14D (1), (4), (5), (6), (7) and (8) 15 16(2) 19A 19D (1) and (2) 20(2) Office Office Office Office Office Office Office Office Office Office Office the Board Board Office Office Office Office Office Office Office Board Board Board Board Board Board Board Board Board Board Workers' Compensation Board of Queensland the Specialty Medical Board Medical Board Board Board Board Board Board Board Board (b) In Schedule Heading .. 1 (1), (4) and (5) 3A 13 3c(1) 3D (1) 3E 4(l) 4(2) 5 .. 6 .. State where firstly occurring State Accident Insurance Office Office Office Office Office Office State Government Insurance Office Office State Government Insurance Office Office Workers' Compensation Board Board Board Board Board Board Workers' Compensation Board of Queensland Board Workers' Compensation Board of Queensland Board

124 Workers' Compensation Act Amendment Act 1978, No. 13 SCHEDULE- continued [s. 22] First Column Number of Provision Second Column Word or Words to be Omitted Third Column Word or Words to be Inserted 8 .. 10 11 16 17 17A 18 18A 19 20 22 23 23(l) 24 24A 25 (iii) Office Office Office Office Office Office Office Office Office Office Office Office State Accident Insurance Office Office Office Board Board Board Board Board Board Board Board Board Board Board Board Workers' Compensation Board Board Board