Workers' Compensation Act Amendment Act 1982 (Qld)

101 ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1982 An Act to amend the Workers' Compensation Act 1916-1980 in certain particulars [ASSENTED TO 20TH APRIL, 1982]

102 Workers' Compensation Act Amendment Act 1982, No. 9 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 1982. (2) In this Act the Workers' Compensation Act 1916- 1980 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Workers' Compensation Act 1916-1982. 2. Commencement of Act. (1) This Act other than section 7 shall commence on the day on which it is assented to for and on behalf of Her Majesty. (2) Section 7 shall commence on a day appointed by Proclamation. 3. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) in the definition " Accident pay " omitting the words " basic wage " and substituting the words " guaranteed minimum wage "; (b) omitting the definition " Basic wage "; (c) omitting the definition " Dependants " and substituting the following definition " " Dependants "-such members of a family of 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 the worker's 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 the worker suffered the injury: Where there is a person who, at the time of the death of or injury to the worker- (c) has lived in a connubial relationship with the worker for a continuous period of three years at the least, terminating on the worker's death; and (d) was dependent as prescribed in paragraphs (a) or (b), the term includes such person:";

Workers' Compensation Act Amendment Act 1982, No. 9 103 (d) inserting after the definition " Government Department " the following definition:- " " Guaranteed minimum wage "-in relation to a worker or any dependant of a worker, the guaranteed minimum wage for adults as declared from time to time for the south-eastern division of the State by The Industrial Conciliation and Arbitration Commission of Queensland under the Industrial Conciliation and Arbitration Act 1961-1980; ". 4. Amendment of s. 9 . Liability to Compensation . Section 9 of the Principal Act is amended by- (a) in paragraph (b) of subsection (lA)- (i) omitting the word " or " appearing after subparagraph (iii); (ii) inserting after subparagraph (iv) the following expression and words:- f( or (v) is travelling between his place of employment with one employer and his place of employment with another employer "; (b) In the first paragraph of subsection (2) inserting after the words " employs a worker " the words " whose employment is not wholly carried out in Queensland, but with the knowledge and consent of his employer is in part carried out at a place outside Queensland,". 5. Amendment of s. 9A. Damages. Section 9A of the Principal Act is amended by inserting after subsection (2) the following subsections:- " (2A) Where a worker has suffered an injury on or after 1 November, 1978 under circumstances creating a legal liability in the employer to pay damages in respect of that injury, but the employer against whom it is sought to establish liability is dead or cannot be served with process or, being a company or statutory corporation, has ceased to exist or cannot be served, any worker who could otherwise have obtained a judgment in respect of such injury against the employer may recover by action against the Board the amount that would have been payable to him from The Workers' Compensation Fund under subsection (1) if judgment had been obtained against that employer: Provided that he cannot so recover unless he proves that he gave to the Board notice of the claim and a short statement of the grounds thereof as soon as possible after he knew that the employer was dead, had ceased to exist or for some other reason could not be served, or that such notice was given within such time as would prevent the possibility of the Board being prejudiced by want of such notice. (2B) The provisions of subsection (2A) shall not be construed to confer on any worker any right or advantage that he would not have had if action had been brought or pursued against the employer of the worker who has suffered injury.".

104 Workers' Compensation Act Amendment Act 1982, No. 9 6. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Reference to wife, widow , woman , how construed . For the purposes of the provisions of section 14 (1) (A), section 14 (1) (B) and section 14B any reference to a wife, widow or woman includes a reference to a husband, widower or man as the case may be.". 7. Amendment of s. 14 . Section 14 of the Principal Act is amended by- (a) in subsection (1) (A) omitting the words " 25 per centum of the basic wage " and the words " 10 per centum of the basic wage " and substituting the words " 17 per centum of the guaranteed minimum wage " and the words " 7 per centum of the guaranteed minimum wage " respectively; (b) in subsection (1) (B) (a) (iii) omitting provision (aa) and provision bb) and substituting the following provisions:- " (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; (bb) for the period of incapacity thereafter, of the guaranteed minimum wage together with such additional allowances as are specified in paragraph (d) of this provision (B); but in no case to which this subparagraph (iii) applies shall the payment exceed the following:- (cc) where the worker is permanently employed, the weekly rate of wages provided for by the contract of service under which the worker is employed at the time of the injury; (dd) where the worker is casually employed, his average weekly earnings;"; (c) in subsection (1) (B) (a) omitting the words " basic wage" wherever they appear and substituting the words " guaranteed minimum wage " in each case; (d) in subsection (1) (B) (a) omitting the proviso to subparagraph (vi) and substituting the following proviso:- " Provided that in the case of a self-employed person the weekly compensation payable shall be- (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 reasonable cost of labour paid by the self-employed person to replace him, whichever is the greater:

Workers' Compensation Act Amendment Act 1982, No. 9 105 Provided that where the reasonable cost of such labour is less than the weekly rate of wages provided for in such award, the weekly payment shall be equal to the reasonable cost of such labour; (bb) for the period of incapacity thereafter, of the guaranteed minimum wage together with such additional allowances as are specified in paragraph (d) of this provision (B) or the reasonable cost of labour paid by the self-employed person to replace him whichever is the less."; (e) in subsection (1) (B) (b) omitting the words " basic wage " and substituting the words " guaranteed minimum wage "; (f) in subsection (1) (B) (d)- (i) omitting the expression " and (v) " and substituting the words ", (v) and in the proviso to subparagraph (vi) "; (ii) omitting the words " 25 per centum of the basic wage" and the words "ten per centum of the basic wage" and substituting the words " 17 per centum of the guaranteed minimum wage" and the words 7 per centum of the guaranteed minimum wage " respectively. 8. Amendment of s. 14 . Section 14 of the Principal Act is amended by- (a) in subsection (1) (C) omitting paragraph (a) and substituting the following paragraph:- " (a) Notwithstanding the foregoing provisions, but subject as is hereinafter provided, the compensation payable for the injuries mentioned in the first column of the table hereunder set forth shall be the amounts calculated by using the percentage set forth in the second column on the basis that 100 per centum is equivalent to $36 230."; (b) after subsection (1) (C) (h) omitting the table and substituting the following table:- TABLE Nature of Injury Percentage 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 dim- inution 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 .. .. .. .. 100 100 100 100 100 100 100 65 331- 50 50 20

106 Workers' Compensation Act Amendment Act 1982, No. 9 TABLE-continued Nature of Injury 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 .. Percentage 621 58 20 15 16 9 15 71 6 7 55 46 45 15 8 6 35 9. Amendment of s. 14D. Liability for payment of certain hospital and medical treatment and treatment by way of rehabilitation by Board. (1) Section 14D of the Principal Act is amended by- (a) in paragraph (a) of subsection (2) omitting the words " or a registered physiotherapist " and substituting the words " a registered physiotherapist or a registered chiropractic manipulative therapist "; (b) in paragraph (c) of subsection (2) omitting the words " otherwise than as a patient at a hospital "; (c) in paragraph (a) of subsection (3)- (i) inserting after subparagraph (i) the following subparagraph:- "(ia) in respect of treatment at a public hospital, the fees lawfully charged therefor by that hospital;"; (ii) in subparagraph (ii) omitting the words " or registered physiotherapist " and substituting the words ", a registered physiotherapist or a registered chiropractic manipulative therapist "; (iii) in subparagraph (iii) omitting the words " a patient " and substituting the words " an inpatient "; (d) in paragraph (d) of subsection (3) omitting the words " or registered physiotherapist " and substituting the words ", registered physiotherapist or registered chiropractic manipulative therapist "; (e) in subsection (4) deleting the definition " Hospital treatment " and substituting the following definition:- Hospital treatment " means treatment of the worker as an inpatient in a public ward at any public hospital and while the worker is an inpatient includes the provision or supply by the public hospital of medical treatment, nursing attendance, medicines, medical or surgical supplies or other curative apparatus, and any other ancillary service.

Workers' Compensation Act Amendment Act 1982, No. 9 107 Moreover, in any case where a public hospital is not reasonably available to or, if reasonably available to, is unable to admit to a public ward therein as a patient, any worker 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 " hospital treatment " means all such treatment as aforesaid at any hospital other than a public hospital or provided or supplied to the worker as a patient in any ward or room other than a public ward of the public hospital."; (f) omitting paragraph (b) of subsection (5); (g) omitting subsection (6) and substituting the following subsection:- (6) (a) The Board may take such action and make such expenditure as it considers necessary or expedient to rehabilitate the injured worker. (b) The costs that the Board is liable to pay under this section in respect of the rehabilitation of an injured worker or any artificial member for such injured worker shall be such costs as the Board considers reasonable for such rehabilitation or artificial member.". (h) inserting after subsection (8) the following subsection:- (9) The Board shall only be liable for the cost of treatment by a registered chiropractic manipulative therapist where such treatment involves the manual mobilisation of the joints of the vertebral column (including its immediate articulations) of the human body.". (2) The amendments provided for by subsection (1), other than paragraphs (a), (c) (ii), (d), (g) and (h) shall be deemed to have taken effect on 1 September 1981 and shall be given effect retrospectively. 10. Amendment of s. 14E . Variations in payments of compensation, etc. Section 14E of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " basic wage " and substituting the words " guaranteed minimum wage "; (ii) inserting after the words " Governor in Council " the words " by Order in Council published in the Queensland Government Industrial Gazette "; (b) in subsection (2) omitting the words " basic wage " wherever they appear and substituting the words " guaranteed minimum wage in each case; (c) in subsection (3) omitting the second paragraph and substituting the following paragraph:- " Upon the making of any variation to sections 14, 14A or 14D of this Act pursuant to subsection (2), particulars of all such payments and sums thereby varied shall be notified by the Minister by notification published in the Queensland Government Industrial Gazette.";

108 Workers' Compensation Act Amendment Act 1982, No. 9 (d) in subsection (5) omitting the words " basic wage " and the words " thirty dollars sixty cents " and substituting the words " guaranteed minimum wage " and the expression " $151.90 " respectively. 11. New s. 18. The Principal Act is amended by inserting after section 17 the following section:- " 18. Provisions for payments independently of Act avoided . (1) On and after the passing of the Workers' Compensation Act Amendment Act 1982- (a) The Industrial Conciliation and Arbitration Commission established by the Industrial Conciliation and Arbitration Act 1961-1980 shall not make an award and shall not approve an agreement that provides for payment of accident pay or other payment on account of a worker suffering injury or contracting a disease specified in section 14B; (b) the Registrar of The Industrial Conciliation and Arbitration Commission shall not register an agreement that provides for payment of accident pay or other payment on account of a worker suffering injury or contracting a disease specified in section 14B. (2) Any agreement, scheme, arrangement or provision of an award within the meaning of the Industrial Conciliation and Arbitration Act 1961-1980 that is made, entered into or inserted into an award after the passing of the Workers' Compensation Act Amendment Act 1982 shall he null and void to the extent that it provides for payment by or on behalf of an employer of accident pay or other money on account of a worker suffering injury or contracting a disease specified in section 14B.". 12. Amendment of s. 20. Regulations . Section 20 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) Section 28A of the Acts Interpretation Act1954-1977 shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.". 13. Amendment of clause 4 of the Schedule . Application for compensation . The Principal Act is amended by, in the Schedule, omitting subclause (2) of clause 4 and substituting the following subclause:- " (2) (a) An application shall not be valid or claim thereunder enforceable unless such application is filed within six months after the day on which the injury occurred or the right to compensation accrued, provided however that the extent of the liability of the Board to pay compensation, other than where death results from injury, shall be limited to a period commencing from a date not exceeding four weeks prior to the date on which the application is filed.

Workers' Compensation Act Amendment Act 1982, No. 9 109 (b) The provisions of paragraph (a) may be waived by the Board if it is satisfied that failure to file or delay in filing the application was due to mistake, absence from Queensland or other reasonable cause.". 14. Repeal of and new clause 10 of the Schedule . The Principal Act is amended by, in the Schedule, omitting clause 10 and substituting the following clause:- " 10. In assessing the weekly payment in respect of compensation under this Act the Board- (a) may have regard to the amount of any payment, allowance or benefit that is being, has been, or will be made or granted to or received by the injured worker in question, including amounts that are or have been or will be deducted from his entitlement to the payment, allowance or benefit and paid on his behalf; and (b) may reduce the weekly payment in respect of compensation under this Act by an amount not greater than the amount that bears to the whole of the amount of the payment, allowance or benefit referred to in paragraph (a) the proportion that one week bears to the whole period in respect of which the payment, allowance or benefit is being, has been or will be made or granted to or received by the injured worker.".