Workers' Compensation Act Amendment Act 1986 (Qld)

510 (J ueenslganb ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1986 An Act to amend the Workers' Compensation Act 1916- 1983 in certain particulars [ASSENTED TO 27TH AUGUST, 1986]

Workers' Compensation Act Amendment Act 1986, No. 34 511 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. This Act may be cited as the Workers' Compensation Act Amendment Act 1986. 2. Commencement . (1) Subject to subsections (2) and (3), this Act shall come into operation on the day on which it is assented to for and on behalf of Her Majesty. (2) The amendments made by section 4 (a) (ii) and (v) and 4 (b) shall come into operation on 1 July, 1987. (3) The amendments made by section 7 (a) shall be deemed to have taken effect on 1 July 1986 and shall be given retrospective effect accordingly. 3. Principal Act and citation as amended . (1) In this Act, the Workers' Compensation Act 1916-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Workers' Compensation Act 1916-1986. 4. Amendment of s. 3 . Interpretation . Section 3 of the Principal Act is amended by- (a) in subsection (1), (i) in the definition "Accident Insurance" inserting after the words "some other Act" the words "of Queensland or any other State of the Commonwealth or the Commonwealth or any other country"; (ii) inserting at the end of the definition "Deputy General Manager" the following:- "Director", in relation to a company or corporation, includes- (a) any person occupying or acting in the position of a director of the company or corporation, by whatever name called and whether or not validly appointed to occupy, or duly authorized to act in, the position; and (b) any person in accordance with whose directions or instructions the directors of the company or corporation are accustomed to act"; (iii) in the definition "Government Department" inserting after the word "works" the words "and the Queensland Electricity Commission"; (iv) in the definition "Minister" omitting the words "Labour Relations" and substituting the words "Employment and Industrial Affairs";

512 Workers' Compensation Act Amendment Act 1986, No. 34 (v) in the definition "Worker", inserting at the end of paragraph (f) the following:- 46 • or (g) A director of a company or corporation- (i) who has not entered into or does not work under a contract of service or apprenticeship or otherwise with the company or corporation; (ii) who otherwise than under a contract of service or apprenticeship works with the company or corporation; (iii) who has entered into or works under a contract of service or apprenticeship with the company or corporation, unless he is specially insured under a policy of accident insurance under this Act; or (h) a member of a partnership as defined in section 5 of The Partnership Acts 1891 to 1965 and as determined in accordance with rules specified in section 6 of those Acts; or (i) a trustee, unless he is specially insured under a policy of accident insurance under this Act"; (b) in subsection (2), (i) in the first paragraph, inserting after the word "contractor" where secondly occurring the words "(not being a person , member, director or trustee excluded from the term "worker" under any of paragraphs (a), (b), (c), (d), (e), (f), (g), (h) or (i) of that term)"; (ii) in the second paragraph, omitting the words "provides any part of the plant or materials" and substituting the words "supplies materials, equipment, plant, machinery (not being 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 (not being tools designed for use by hand) or animals and". 5. Amendment of s. 8 . Employers to obtain policies. Section 8 of the Principal Act is amended by, in the second paragraph of subsection (1), inserting after the words " some other Act" the words "of Queensland or any other State of the Commonwealth or the Commonwealth or any other country". 6. Amendment of s. 9 . Liability to compensation . Section 9 of the Principal Act is amended by- (a) in subsection (1A), in paragraph (b) (iii), inserting after the words "purpose of " where firstly occurring the words "rehabilitation or of "; (b) in subsection (5), in paragraph (a), inserting after the word "applies" the words "where there has been a substantial delay prior to the commencement of any journey specified in this section or".

Workers' Compensation Act Amendment Act 1986, No. 34 513 7. Amendment of s. 14. Section 14 of the Principal Act is amended by in subsection (1)- (a) in provision (A), omitting paragraphs (i) and (ii) and substituting the following paragraphs:- "(i) If the worker leaves any dependents wholly dependent upon his earnings at the time of his death the sum of $47 000. (a) In addition, there shall be payable, if the worker dies on or after 1 July 1986- (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 16 years or, being of or over that age but under the age of 21 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 3 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 16 years or, being of or over that age but under the age of 21 years, is receiving full-time education at a school, college, university or similar institution; (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 16 years or, being of or over that age but under the age of 21 years, is receiving full-time education at a school, college, university or similar institution, a weekly payment of an amount equal to 7 per centum of the guaranteed minimum wage, commencing from the time of death of the worker and terminating at the time the child, step-child, brother or sister attains the age of 16 years or, as the case may be, 21 years; and (b) In addition, if the dependents of the worker consist of or include either of the following persons wholly dependent upon his earnings at the time of his death, namely his widow or a woman who has lived in a connubial relationship with him for a continuous period of 3 years at the least terminating on his death, there shall be payable in respect of each child, step-child, brother or sister referred to in the preceding subparagraph (a) who was at the time of death of the worker totally or mainly dependent upon his earnings, the amount of $850 in respect of each year or part of a year commencing at the time of death

514 Workers' Compensation Act Amendment Act 1986, No. 34 of the worker and terminating at the time the child, step- child, brother or sister attains the age of 16 years or,.as the case may be, 21 years: Provided that- (i) in no case shall the amount paid in respect of each dependent under this subparagraph (b) exceed $3 490; and (ii) the amount of any weekly payments made under this Act and any lump sum in redemption thereof and any lump sum paid as compensation under this Act shall be deducted from such sum but no such deduction shall be made so as to reduce the sum payable in respect of the dependents of the worker under this subsection below $7 820; (ii) If the worker does not leave dependents wholly dependent upon his earnings at the time of his death, but leaves dependents in part dependent upon his earnings at the time of his death- (a) such sum, not exceeding in any case the sum payable under the preceding paragraph (i), as is reasonable and proportionate to the injury to such part dependents but not less than $6 850; and (b) in addition, if the worker dies on or after 1 July 1986 and such part dependents consist of or include a child, step-child, brother or sister referred to in the preceding paragraph (i) (a), a weekly payment of such amount, not exceeding 7 per centum of the guaranteed minimum wage, as is reasonable and proportionate to the injury to such part dependents in respect of each such part dependent, commencing from the time of death of the worker and terminating at the time each such part dependent attains the age of 16 years or, as the case may be, 21 years: Provided that, in no case shall the weekly payment in respect of each such part dependent be less than 2.7 per centum of the guaranteed minimum wage;"; (b) in provision (B), (i) in paragraph (b) (i), omitting the expression "$20" and substituting the expression "$30"; (ii) in paragraph (f) (i), omitting the words "in the employment in which he was engaged at the time of the injury". 8. Amendment of s. 14C. Medical Boards. Section 14C of the Principal Act is amended by- (a) in subsection (2), (i) in paragraph (b), omitting the word "ten" and substituting the word "fifteen";

Workers' Compensation Act Amendment Act 1986, No. 34 515 (ii) in paragraph (c), (A) in subparagraph (i), omitting the word "three" and substituting the word "four"; (B) omitting the word "and" appearing between subparagraphs (iv) and (v); (C) in subparagraph (v), omitting the words "one psychiatrist" and substituting the words "two psychiatrists"; (D) adding at the end of the paragraph the following:- " (vi) one gynaecologist; (vii) one thoracic physician; and (viii ) one rheumatologist"; (iii) in paragraph (d), omitting the word "twelve" and substituting the word "fifteen"; (b) in subsection ( 3), in the first paragraph of paragraph (e), (i) omitting the word " twelve " and substituting the word " fifteen"; (ii) omitting the words " not be less qualified than the members of the Board in question " and substituting the words " be specialists under and within the meaning of the Medical Act 1939-1984, with respect to the specialty in question"; (c) in subsection (6), in the first paragraph, omitting the words "in the employment in which the claimant alleges he was engaged at the time of the injury"; (d) in subsection (7), omitting the words "if it determines that such incapacity is partial, the nature of employment for work wherein the injury does not incapacitate" and substituting the words "where the worker has suffered any permanent partial disability as a result of the injury, the nature and extent of that disability"; (e) in subsection (11), omitting all words from and including the words "-(a) upon a reference under subsection (4)" to and including the words "the injury does not incapacitate," and substituting the words "in respect of any matters which the Medical Board, pursuant to subsection (6) or (7) of this section is required to determine,".

516 Workers' Compensation Act Amendment Act 1986, No. 34 9. Amendment of s. 20. Regulations , Section 20 of the Principal Act is amended by, in subsection (2A), omitting the word "Minister" wherever occurring and substituting the words "General Manager" in each case.