Workers' Compensation Act Amendment Act of 1916 (7 Geo v No. 26) (Qld)

LABOUR. 1916. Workers' OompensationAct Amendment Act. (3.) Subject to such rules. and this Act, the practice and procedure of the Court shall be as directed by the Judge making the particular direction. (4.) All such rules shall be publish~ d in the Gazette; and there- upon shall be of the same effect as if they were contained in this Act, and be judicially noticed without further evidence than the production of a copy of the Gazette. . Such· rules shall be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is in session, and, if not, then within fourteen sitting days after the commencement of the next session. H either House of Parliament passes a resolution disallowing any such rule, of which resolution notice has been given at any time within fourteen sitting days of such House after such rule has been laid before it, such rule shall thereupon cease to have effect, but without prejudice to the validity of a.nything done in the meantime. (5.) For tho purpose of this Schedule, the term "sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such rules are not duly laid before Parlia- ment as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. 7597 An Aot to Amend "The Workers' Compensation Aot 7 Geo. v. of 1916" by making better Provision for a N;;!6. period of two years from the 1st day of July, ~~ ! !; ~ 1917, for Compensation in respeot of oertain A~ ~ : r! : . r Industrial and Mining Diseases, and for other AOT OF 1916. oonsequential purposes. . [ASSENTED TO 29TH DECEMBER, 1916.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and. consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1 This Act may be cited as "The Worke1·s' Com- Short title, pensation Act Amendment .dct 0/1916," and shall be read oo:truotion, as one with" The JPorkers' Comppnsation Act of HH6,"* ~ n:: ;nt herein referred to as the Principal Act, and shall come of Aot. into operation on the first day of July, one thousand nine hundred and seventeen. 2 The following words ~ re inserted at the com- Amendment mencement of subsection one of section fourteen of the ofs. 14. Principal Act:-" Except in the case of compensation under section 14B hereof." ... 6 Geo. V. No. 35, supra, page 6926. The Principal Aot as amended by this Aot is reprinted in an Appendix, infra~

7598 LABOUR. Workers' Compensation Act Amendment Act. 7 GEO. V.No. 26, Compensa. tion on workers dying from or affected by certain industrial diseases. 3. After section fourteen of the Principal Act, the following sections are inserted:- [14A.] Subject to this Act, where a worker at the date of death or incapacity- (a) Has, whether before or after the first day of July, one thousand nine hundred and seven- teen, or partly before and partly after that date, been continuously resident in Queensland for at least one year; and (b) Was employed in any employment mentioned in the second column of the table of industrial diseases hereunder set forth ; and such worker- (c) Has died in consequence of any disease men- tioned in the first column of the said table; or (d) Is suffering from any such disease, and is thereby incapacitated from earning full wages at the work at which he was employed, the worker, or in the case of death his dependants shall be entitled to compensation in accordance with this Act as if the disease were a personal injury by accident suffered by the worker at the place of employment under section nine of this Act : - Table of Industrial Diseases. Description of Disease. Description of Employment. Anthrax •• , Wool-combing. ~ Wool-sorting. ( Habnrdislitnlegs, aonf d hciadrecsa, ssessk. ins, wool, hair, Lead-poisoning or its Any manufacturing or other process in- sequelm volving the use of lead or its prepara.- tions or compounds. Mercury-poisoning or its Any manufacturing process involving the sequelm use of mercury or its preparations or compounds. Phosphorus-poisoning or Any manufacturing process involving the its sequelm use of phosphorus or its preparations or compounds. Arsenic-poisoning or its Any manufacturing process involving the sequelm use of arsenic or its preparations or compounds. ' Septic poisoning ansmg Any work involving the handling of meat from the handling of or the manufacture of meat products or meat or meat products animal by-products in connection with or its sequelm the trade of a butcher or slaughterman.

LABOUR. 7599 1916. Workers' Compensation Act Amendment Act. The list of diseases and employments mentioned in this table may from time to time be amended or added to by the 'Governor in Council by Order in Council published in the Gazette; and the table in force for the time being, as so amended, shall be deemed to be the table referred to in this section. ::k:a [14B.] (1.) Subject to this Act, where a worker at Compensa. the date of death or incapacity- (a) Has, whether before or after the first day of :~ fed\ Y July, one thousand nine hundred and seven- ~ ining teen, or partly before and partly after that dIseases. date, been continuously resident in Queens- land during the immediately preceding five years, and been employed in any employment mentioned in the second column of the table of mining diseases hereunder set forth for not less than three hundred days during such period; or (b) Has, whether before or after the first day of July, one thousand nine hundred and seven- teen, or partly before and partly after that date, been resident in Queensland for not less than five years out of the immediately preced- ing seven years, and been employed in any employment mentioned in the second column of the said table within Queensland for not less than five hundred days during such period of seven years ; and such worker- (c) Has died in consequence of any disease men- tioned in the first column of the said table, or (d) Is suffering from any such disease and is thereby incapacitated from earning full wages at the work at which he was employed, the worker, or in the case of death his dependants, shall be entitled to compensation in accordance with this Act as if. the disease were a personal injury by accident suffered by the worker at the place of employment under section nine of this Act; but the amount of compensation payable in such case shall be the amount calculated in

7600 LABOUR. Workers' Compensation Act Amendment Act. 7 GEO. V. No. 26, accordance with subsection two of this section in lieu of the amount set forth in section fourteen of this Act:- Table of ..W. ining Diseases. Description 01 Disease. Description 01 Employment. Silicosis of the lungs ; Miner's Phthisis; Pneu- moconiosis Ankylostomiasis Nystagmus Subcutaneous cellulitis of the hand (beat hand) Subcutaneous cellulitis over the patella (miner's beat knee) Acute bursitis over the elbow (miner's beat elbow) Inflammation of the synovial lining of the wrist joint and tendon sheaths Mining, or Quarrying, or Stone crushing or cutting. The list of diseases and employments mentioned in this table may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette; and the table in force for the time being, as so amended, shall be deemed to be the table referred to in this section. (2.) The amount of compensation under subsection one of this section shall be- A. Where death is the result- (i.) A funeral allowance not exceeding twenty pounds; and (ii.) To the widow of the deceased worker the sum of one pound per week; and (iii.) For each child under fourteen years of age . the sum of ten shillings per week until the age of fourteen years is reached: . Provided that the total amount payable shall not exceed fifty shillings per week or the sum of four hundred pounds in all, less any amount paid as compensation under

LABOUR. 1916. Workers' Compensation Act Amendment Act. provision B hereof during the incapacity of the worker within ten years prior to the date of death. B. Where total or partial incapacity for work is the result- (i.) To the worker a sum not exceeding one pound per week during the incapacity, with such necessary medical comforts and medi- cines as the Commissioner may consider reasonable; and (ii.) For each child under the age of fourteen years a sum not e~ ceeding ten shillings per week during the incapacity of the worker or until the age of fourteen is reached: Provided that the total amount payable to any worker and his dependants shall not exceed fifty shillings per week or the sum of four· hundred pounds in all, irre- spective of the period during which the incapacity continues. (3.) Where a medical practitioner (or, on appeal, a medical referee) certifies that the worker's condition is capable of cure or mitigation by special hospital or sanatorium treatment, the Commissioner, in lieu of paying to the worker the compensation provided in provision B (i.) above, may arrange for the worker to be removed to a hospital or sanatorium for such special treatment. (4.) Clause nineteen of the Schedule to this Act shall not apply so as to compel the Insurance Commis- sioner to redeem by a lump sum any weekly payments of compensation under this section. (5.) At any time after five years from the first day of July, one thousand nine hundred and seventeen, the Governor in Council, by Order in Council published in the Gazette, may increase the scale of compensation set forth in subsection two of this section to such extent as he thinks proper, not exceeding the amount of com- pensation provided in section fourteen of this Act for cases of death or disablement by accident. (6.) Subject to the next succeeding provision, pay- ments of compensation under this se~ t,ion shall be made out of the Fund: o 7601

"7602 LABOUR. Workers' Compensation Act Amendment Act. 7 GEO. V.No. 26, Provided that during the period of six years com- mencing the first day of .July, one thousand nine hundred and seventeen, an amount in each year equal to one-third of the total cost of compensation under this section in respect of claims arising during each year and one-third of the annual cost of administration of the provisions of this section, to be apportioned and certified to by the Insurance Commissioner, shall be paid out of and borne by the Consolidated Revenue Fund in aid of the State . Accident Insurance Fund. But the total amount so to be paid out of the Consolidated Revenue Fund in each of . the years 1917-18, 1918-19, and 1919-20 shall not exceed ten thousand pounds annually, and in each of the years 1920-21, 1921-22, and 1922-23 shall not exceed five thousand pounds annually. (7.) The Insurance Commissioner may, after the first day of July, one thousand nine hundred and seventeen, charge such additional premiums on State accident insurance policies issued under this Act to employers in the employments mentioned in the second column of the table in subsection one hereof as he may find necessary towards providing the compensation payable under this section and the cost of administration of the provisions thereof. Restriction (8.) After the first day of July, one thousand nine ~ ployment; 11 undred and seventeen, no employer shall commence or continue to employ any worker in any of the employments mentioned in the second column of the above table unless such worker- (a) Was employed by him in such employment in Queensland on or before the first day of January, one thousand nine hundred and seventeen; or (b) Within thirty days after the first day of July, one thousand nine hundred and seventeen, procures a certificate that he was employed by some other employer in such employment within Queensland on or before the first day of January, one thousand nine hundred and seventeen; or (c) Within thirty days after the first day of July, one thousand nine hundred and seventeen, produces a certificate from a medical referee appointed under this Act certifying him to be

1916. LABOUR. Workers' Compensation Act Amendment Act. ·7603 free from all the diseases set opposite the description of such employment in the first column of the above table. (9.) Every employer carrying on any of the emploY-Certificate to ments mentioned in the second column of the above table ror~ er on shall give to every worker leaving his service after e~ : :~ : ~ent. the first day of July, one thousand nine hundred and l'eventeen, a certificate, in the form prescribed III the regulations, certifying- (a) The period worked by sueh worker in his employment; and (b) The total number of days worked by the worker for the employer in such employment in Queensland during the last preceding five years. Within seven days after giving a~ y such certificate, the employer shall forward a copy thereof to the Insurance Commissioner. [140.] Nothing in section 14A or section 14B of this Saving. Act shall affect the rights of a worker to receive com- pensation in respect of a disease to which those sections do not apply if such disease is a personal injury by accident within the meaning of section nine of this Act. 4. This Act shall cease to have effect on and after Dura.tion of the first day of July, one thousand nine hundred and Act. nineteen, except as to any right, claim, privilege, obliga- tion, penalty, or liabHity then acquired, accrued, or incurred.