Workers' Compensation Act Amendment Act 1983 (Qld)

125 QuInuslaub ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1983 An Act to amend the Workers' Compensation Act 1916-1982 in certain particulars [ ASSENTED TO 13TH APRIL, 1983]

126 Workers' Compensation Act Amendment Act 1983, No. 12 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 1983. (2) In this Act the Workers' Compensation Act 1916-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Workers' Compensation Act 1916-1983. 2. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) inserting after the definition " Coaster " the following definition:- CCrroowwnn ship "-Any ship, vessel, boat or other craft which is owned by the Crown in the right of the State of Queensland or in the possession of the Crown in that right by virtue of a charter, and on which seamen are employed by or under the Crown in that right or by or under any Department of the Government of the State;"; (b) in the definition " Queensland ship "- (i) omitting paragraph (a) and substituting the following paragraph:- " (a) which is a Crown ship; or "; (ii) omitting paragraph (d) and substituting the following paragraph :- " (d) which if engaged in fishing operations, discharges its cargo at a Queensland port or to a mother ship that discharges its cargo at a Queensland port and is not operating within the territorial waters of a foreign country;". 3. Amendment of s. 9. Liability to compensation . Section 9 of the Principal Act is amended in subsection (IA), by omitting from paragraph (a) subparagraph (ii) and substituting the following subparagraph:- (ii) is temporarily absent from that place on that day during any ordinary recess and if the injury is not due to- (A) his voluntarily subjecting himself to any abnormal risk of injury during the recess; or (B) his wilful misconduct of a serious kind;". 4. Amendment of s. 11 . Seaman . Section 11 of the Principal Act is amended in subsection (2) by omitting paragraphs (b), (c) and (d) and substituting the following paragraph:- (b) except in the case of a Crown ship is not- (1) on a voyage interstate or to a foreign country; or (ii) within the territorial waters of a foreign country for reasons other than mishap or stress of weather or while on an excursion to offer assistance to a ship in distress.".

Workers' Compensation Act Amendment Act 1983, No. 12 127 5. Amendment of s. 14 . Section 14 of the Principal Act is amended by- (a) in subsection (1) (C) (h)- (i) in the first paragraph inserting after the word " total " the words or partial "; (ii) in the second paragraph, in provision (i), inserting after the word " industry " the words " in which "; (b) after subsection (1) (C) (h), in the TABLE, omitting the words "Loss of the sight of one eye .. .. 331 " and substituting the words " Loss of the sight of one eye .. . 372 ". 6. Amendment of s. 14B. Compensation on workers dying or affected by diseases . Section 14B of the Principal Act is amended in subsection (2), in provision B, by omitting the words " or partial ". 7. Amendment of clause 20 of the Schedule. Payments to minors. Clause 20 of the Schedule of the Principal Act is amended in the second paragraph by- (a) omitting the words " Public Curator " where twice occurring and substituting the words " Public Trustee " in each case; (b) omitting the words " The Public Curator Acts 1915 to 1947 " and substituting the words " the Public Trustee Act1978