Workers' Compensation Act Amendment Act 1980 (Qld)

344 C itEP%tslanC ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGIN At No. 27 of 1980 An Act to amend the Workers' Compensation Act 1916-1979 in certain particulars and for another purpose [ASSENTED TO 12TH MAY, 1980]

Workers' Compensation Act Amendment Act 1980, No. 27 345 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 1980. (2) In this Act the Workers' Compensation Act 1916-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Workers' Compensation Act 1916-1980. 2. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (IA), omitting the expression " section 8 " and substituting the words " this section ". 3. Amendment of s. 9A. Section 9A of the Principal Act is amended by, in subsection (2), omitting the words " within seven days " and substituting the words " not later than 28 days ". by4. Amendment of s. 14. Section 14 of the Principal Act is amended - (a) in subsection (1) (B) (a) (ii), inserting after the words " advanced education in Queensland " the words ", as a salaried employee in the Queensland electricity supply industry "; (b) in subsection (1) (B) (a) (vi), inserting after the words " in any case not exceeding $50 " the words " or 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 bush fire brigade registered by The Rural Fires Board under the Rural Fires Act 1946-1977 while he is carrying out duties or participating in training as a member of the bush fire brigade, of such amount in respect of loss suffered as the result of an injury sustained by him while carrying out duties or participating in training as aforesaid as the Board determines in any case not exceeding $50 ". 5. Amendment of s. 14B. Section 14B of the Principal Act is amended by, in paragraph A. of subsection (2), omitting subparagraph (i) and substituting the following subparagraph:- " (i) Reasonable funeral expenses; ". 6. Amendment of s. 19D. Section 190 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection- (1A) Disclosure to the Board may be made by- (a) the Chief Inspector of Construction Work or other inspector or other officer appointed under or officer concerned with the administration of the Construction Safety Act1971-1975; 12

346 Workers' Compensation Act Amendment Act 1980, No. 27 (b) the Chief Inspector of Machinery or other inspector or other officer appointed under or officer concerned with the administration of the Inspection of Machinery Act 1951-1974 of any information in his possession or any facts of which he has knowledge relating to any matter arising under this Act, notwithstanding any provision of the Construction Safety Act1971-1975 or the Inspection of Machinery Act 1951-1974."; (b) in subsection (2), inserting after the words " the Pay-roll Tax Act " the words ", and may disclose to those officers of the Department of Labour Relations designated from time to time by the chairman of the Board for the purpose statistics and other information of assistance to that Department in the carrying out by it of its administrative functions ". 7. Amendment of s. 20. Section 20 of the Principal Act is amended by- (a) in subsection (2), inserting after paragraph (xii) the following paragraph:- (xiia) Provide for the payment and acceptance of premiums in respect of policies by instalments; prescribe conditions under which premiums may be so paid by instalments including, but without limiting the generality thereof- (a) the payment of interest on premiums paid by instalments; (b) the rate and mode of calculation of such interest; (c) the giving of security to the Board for the payment of instalments and interest thereon; prescribe consequences of and remedies available to the Board arising out of failure to pay any instalments or interest or otherwise to comply with terms of or obligations under any security given to the Board; "; (b) inserting after subsection (2) the following subsection:- " (2A) Where an employer is charged an additional premium in accordance with the provisions of a regulation made pursuant to subsection (2) (ia), the Minister may- (a) waive the payment of the additional premium; or (b) reduce the amount of the additional premium so charged so that the employer is charged such reduced amount of additional premium as the Minister thinks fit in any case where, having regard to all the circumstances of the case, the Minister considers such waiver or reduction is warranted.". 8. Amendment of clause 19 of Schedule . Clause 19 of the Schedule to the Principal Act is amended by inserting at the end thereof the following paragraph:- Upon the payment or investment or other application of a lump sum agreed on or fixed in accordance with this clause, liability of the Board for the payment of medical, hospital or other expenses, benefits or entitlements in respect of the worker shall cease.".

Workers' Compensation Act Amendment Act 1980, No. 27 347 9. Removal of impediment to certain actions. A worker who- (a) has claimed, by or in any action or other proceedings whatsoever in any Court, against his employer any sum for damages which he has alleged the employer is legally liable to pay in respect of an injury to which section 9A (1) of the Principal Act applies; (b) has not, on or after 1 July 1978, served upon the Workers' Compensation Board of Queensland a copy of the writ of summons, summons, statement of claim, notice, order, counter-claim or other process by which the claim has been made within the time prescribed by section 9A (2) of the Principal Act with respect to the time of service of such copy as aforesaid and, as a consequence thereof, has been unable to file in the Court concerned an affidavit as to service establishing compliance in all respects with the provisions of the said section 9A (2); and (c) was not able, upon his failure to serve upon the Workers' Compensation Board of Queensland such copy as aforesaid within the time as aforesaid to commence afresh an action or other proceedings against his employer with respect to his claim for a sum for damages having regard to the provisions of the Limitation of Actions Act1974-1978 may on the commencement of this Act, and notwithstanding the provisions of the Limitation of Actions Act1974-1978 or any other Act or any law, recommence such action or other proceedings, and the provisions of section 9A (2) of the Principal Act shall be applicable thereto save that it is a condition precedent to the continuation of such action or other proceedings that the worker shall serve upon the Workers' Corpensation Board of Queensland the copy of the writ of summons, summons, statement of claim, notice, order, counter-claim or other process as aforesaid not later than 28 days after the commencement of this Act.