Workers' Compensation Act of 1905 (5 Edw VII No. 26) (Qld)

MARSUPIALS-MASTERS AND SERVANTS. 8943 5 EDw. VII. No. 26, 1905. fVorkers' Oompensation Act. 5. The chairman shall preside at every meeting ot the Board at Chairman's which he is present, and, if he is absent from any meeting, another duty. member shall be elected chairman at and for such meeting. 6. No business shall be transacted at any meeting of the Board Quorum. unless at least three members are present. 7. All powers vested in the Board may be exercised by the majority Voting. of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Upon every question the chairman shall have a vote, and if the numbers are equally divided he shall h:1Ve a second or casting vote. At all meetings of the Board, all members present shall vote. If a member refuses to vote, hid vote shall be counted for the negative. 8. The members present at a meeting may from time to time Adjournment. adjourn the meeting. If a quorum is not present within half an hour after the time appointed for a meeting, the members present or a majority of them, or anyone member if only one is present, or the clerk if no member is present, may adjourn the meeting to any time not later than fourteen days from the date of such adjournment. 9. A notice of every meeting or adjourned meeting shall be given to Notice of every member in such manner as the Board may determine. meetings. 10. A Board may sue or be sued in any legal proceedings in the name Legal of the chairman or clerk. proceedings. 11. The accounts of the Board shall be audited from time to time by Audit of the Auditor-General or an officer of his department, and the members accounts. and clerk shall be deemed to be public accountants withiu the meaning of " The Audit Act of 1874." MASTERS AND SERVANTS. Workers' aompert. ~ ation Act of 1905 5 Edw. VII. No. 26 Shearers and Suqar Workers A,.ccommodation Act of 1905 ... 9 " " An Act to Amend the Law with respect to Compensation to Workers for Accidental Injuries Suffered in the course of their Employment. 5 Edw. VII. No. 26. THIi: WORKERS' COMPENSATION ACT OF 1905. [ASSEN'l'ED TO 20TH IDECEMBER, 1905.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil 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 Workers' Com- Short tItle and pensation Act oJ 1905," and shall commence and take commence· e c u c ect on and from the thI' rty- fi rst day 0 f March, one ment of Act. thousand nine hundred and six.

8944 MASTERS AND SERVANTS. Workers' Compflnsation Act. 5 EDw. VII. No. 26, Interpreta- 2. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings set against them respectively, that is to say:- Dependants. "Dependants"-Such members of the worker's family, that is to say,-the wife, husband, father, mother, grandfather, grandmother, step- father. stepmother, son, daughter, grandson, granddaughtcr. stepson, stepdaughter, brother, sister, half-brother, ha]f-sister, illegitimate son, and illegiiimate daughter, as were wholly or in part dependent upon the earnings of the worker at the time of his death, and as are resident in the Commonwealth of Australia or Employer. New Zealand; "Employer" includes persons firms companies Medical referee. and corporations employing workers, and the legal personal representatives of a deceased employer; "Medical Referee"-A duly qualified medical practitioner appointed by the Governor in Council for the purposes of this Act; Regulations. " Regulations" - Regulations made under the authority of this Act; Worker. " Worker" includes any person of any age or either sex who, under contract with an employer, whether made before or after the commence- ment of this Act, and whether oral or in writing, express or implied, is engaged in any employment to which this Act applies, and whether his agreement is one of service or apprenticeship or otherwise, and whether the employment is on land, or on any ship or other vessel of whatsoever kind and howsoever pro- pelled in any navigable or other waters within Queensland or the jurisdiction thereof. Any reference in this Act to a worker who has been injured shall, where the worker is dead, in- clude a reference to his legal personal repre- sentative or to his dependants, or other person to whom or for whose benefit compensation is payable. A.pplication 3. This Act shall apply only to employment by the of A.ct. employer on, in, or about- (1) Any industrial, commercial, manufacturing, or building work carried on by or on behalf of the employer as part of his trade or business; or

MASTERS AND SERVANTS. 8945 1905. Workers' OomperlSation Act. (2) Any agricultural, horticultural, or pastoral work carried on by or on behalf of the employer as part of his trade or business; or (3) Any mining, quarrying, engineering, or hazar- dous work carried on by or on behalf of the employer as part of his trade or business or as an invest.ment with a view to profit; or (4) Any work carried on by or on behalf of the Government of Queensland or any Local Authority as the employer, if the work would, in the case of a private employer, be an employment to which this Act applies: Provided that all sums payable under this Act by or on behalf of the Government of Queensland shall be payable out of moneys to be appropriated by Parliament. 4. (1.) If, in any employment to which this Act Liability of at h pepliceosu, rpseersoofntahleinejmupr • ylobyymae . cnctid IS enctaaursiesdintgo oautwoorfkaenr,dIni . ns cewemortrpakloeinryserfsor t 0 employer shall, subject as hereinafter mentioned, be liable injuries! to pay compensation in accordance with the Schedule to Schedule. this Act. (2.) The employer shall not be liable under this Act in respect of any injury which- (i.) Does not disable the workeT for a period of at least two weeks from earning full wages at the work at which he was employed; or (ii.) Is directly attributable to the serious and wilful misconduct of the worker injured; or (iii.) Occurs to a worker whilst proceeding to or from his place of work. 5. (1.) If any question arises in any proceedings under Mod.e of this A • ct a • s to the liability to pay compensation under this q se u t e t s ht l ~ O g ns Act (mcludll1g any question as to whether the emp]oy- ar~ sing under ment is one to which this Act applies), or as to the amount thIs Act. or duration of compensation under this Act, the question, if not settled by agreement, shall, subject to the provi- sions of the Schedule to this Act, be heard and deter- mined by a police magistrate, whose decision shall, subject to the next succeeding subsection, be final, and who may grant such costs as in his opinion are just and reasonable, which costs shall in no case exceed the limit prescribed by the regulations.

8946 MASTERS AND SERVANTS. Workers'Compensation Act. 5 EDw. VII. No. 26, (2.) Either party to the proceedings may- (a) Where the claim does not exceed fifty pounds, with the leave of the magistrate; or (b) Where the claim exceeds fifty pounds, without such leave- appeal from the decision of the police magistrate on any point of law. (3.) Such appeal shall be made to the Supreme Court by way of special case in manner provided by " The Justices Act of l8tl6" * with respect to appeals from the decisions of justices, and the provisions of that Act relating to such appeals shall, mutatis mutandis, apply to appeals under this section. Worker may 6. (1.) Nothing in this Act shall affect any liability ccolamimpensatI' On of an employer under th • e Employers' Liability or }1actory under this Acts, or allY Act affectmg seamen, or at common law. ! ~ e; : nt; : : t (2.) T~ e worker may, at his option, either. claim proceedings. compensatIOn under this Act or take such proceedmgs as are open to him independently of this Act: Provided that, if a worker is unsuccessful in obtaining compensation under this Act, he shall not be debarred from taking such proceedings as are open to him under the Employers' Liability or Factory Acts, or any Act affecting seamen, but not otherwise: Provided further that the employer shall not be liable to pay both damages independently of this Act and also compensation under this Act, and shall not be liable to pay damages independently of this Act except in cases where his liability exists independently of this Act. Procedure 7. If, within the time hereinafter in this Act wwrhoenngalyction limited for taking proceedings under this Act, an action ?rought is brought to recover damages independently of this omfdAepcet. ndently A C t.fl' or I.n.jury caused by any aCel' dent, and 1 ' t ' IS deter- mined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed; but the Oourt in which the action is tried shall, if the plaintiff or defendant shall so choose, proceed to assess such compensation, and shall, unless good cause to the contrary is shown, deduct from such compensation all the costs which in its opinion have been caused by the plaintiff bringing the action instead of taking proceedings under this Act, and shall enter judgment accordingly. 50 Vie No. 17, supra, page 1030.

1905. MASTERS AND SERVANTS. Worlcers' Oornpensat£on Act. 8947 8. When the injury for which compensation is pay- Recovery of able under this Act was caused under circumstances damage~ from creating a legal liability in some person other than the stranger. employer to pay damages in respect thereof- (1) The worker may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act for such compensation, but shall not be entitled to recover both damages and com- pensation; and (2) If the worker has recovered compensation under this Act, the person by whom the com- pensation was paid, and any person who has been called on to pay an indemnity under section ten of this Act, shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. 9. (1.) Proceedings for the recovery of compensation Notice of under this Act shall not, without the leave of a police iniury. magistrate, be maintainable unless- (a) Notice in writing of the injury is gIven as soon as practicable, not being later than fourteen days after the happening thereof; and (b) A claim for compensation in respect of the injury is made in writing within two months after the happening thereof, 01' in the case of death within six months from the time of death; and (0) Proceedings to enforce the claim are com- menced not less than twenty-eight days nor more than three months after the claim for compensation has been made. Applications for such leave shall be made and heard in accordance with the regulations, and the leave may be refused or granted either unconditionally or subject to such terms as to costs or otherwise as the police magistrate thinks fit. Any defect or inaccuracy in the notice shall not be a bar to the maintenance of proceedings if it is found in the proceedings that the employer is not prejudiced in his defence by the defect or inaccuracy, or that the defect or inaccuracy was occasioned by mistake or other reasonable cause.

8948 MASTERS AND SERVANTS. Workers' Oompensation Act. 5 Enw. VII. No. 26, (2.) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury where known and the date on which it· was sus- tained, and the notice and claim shall be .served on the employer. (3.) The notice or claim may be served by deliveriJl.g the same to or at the residence or place of business of the person on whom it is to be served, or may be sent by post by a letter addressed to such person at his last known place of residence or place of business. (4.) If there is more than one employer, service on one shall be deemed sufficient. (5.) A notice or claim served by post shall be deemed to have been served at the time when the letter contain- ing the same would have been delivered in the ordinary course of post. In proving the service of such notice or claim, it shall be sufficient to prove that the notice or chiim was pI'operly addressed and posted. (6.) Where the employer is a body of persons, cor- porate or unincorporate, the notice or claim may also be served by delivering the same at or by sending it by post in a letter, addressed to the employer at the office, or, if there is more than one office, anyone of the offices or such body. (7.) Where the employer is the Government of Queensland, the notice shall be served on the Crown Solicitor at Brisbane or Townsville, as the case IDay be,. or on the manager for the time being of the work upon which the worker is employed. Liability in cases of contracting or sub- contracting. 10. In any case where any person (hereinafter called the "principal") contracts with any other person (herein- after called the "contractor") for the execution of any work by or under the contractor, and the contractor employs any worker thereon, the following provisions shall apply:- (1) Both the principal and the contractor shall be deemed to be employers of the worker, and shall be jointly and severally liable to pay to the worker any compensation which the con- tractor if he were the sole employer would be liable to pay under this Act; (2) The principal shall be entitled to be indemnified by the contractor against the principal's lia.bility under this section;

1905. MASTERS AND SERVANTS. Workers' Oompensation Act. 894~ (3) The principal shall not be liable under this section except in cases where the work to be executed under the contract, and in which the worker is employed, is directly a part of or a process in the trade or business of the principal: Provided that his liability shall be prc- sumed until the contrary is shown; (4) In the case of sub-contracts, the expression " principal" shall extend to and include not only the original principal, but also each contractor who constitutes himself a principal with respect to a sub-contractor by contracting with him for the execution by him of the whole or any part of the work; and the expres- sion "contractor" shall extend to and include not only the original contractor, but also each sub-contractor: Provided that each principal's right 'of indemnity shall be a right over against every contractor standing between him and the con- tractor by whom the worker was employed at the time when the accident occurred, and including such lastmentioned contractor. (5) The mode in which any right of indemnifica- tion arising under this Act may be enforced may be prescribed by regulations. 11. Where any employer becomes liable under this Compensation. Act to pay compensation in respect of any injury, and is: : : s~ k: f entitled to any sum from insurers in respect of the amount insolvency of due under such liability to a worker, then in the event employer. of the employer becoming insolvent or making a composi- tion or arrangement with his creditors, or, if the employer is a company, of the company having commenced to be wound up, such worker shall have a first charge upon the sum aforesaid for the amount so due. The mode in which such charge may be enforced may be prescribed by regulations. 12. (1.) If the Governor in Council, after taking steps Scheme of tcoertaI . ls ~ lceesrttahinat thaenyvisecwhsemoef tohfe ceommppleonyseartI . oann, d b wenoer f k i mt, eonr, cmsuoambysptbietenustaetdion insurance for the workmen of an empl • oyer in any foofrApcrto.visionI!' employment, whether or not such scheme Includes other employers and their workmen, is on the whole not less favourable to the general body of workmen and their

8950 MASTERS AND SERVANTS. Workers' Oompensation Act. 5 Enw. VII. No. 26, dependants than the provisions of this Act, the employer may, until the certificate is revoked, contract with any of those workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme. But, save as aforesaid, this Act shall apply, notwith- standing any contract to the contrary made after the commencement of this Act. (2.) The Governor in Council may give a certificate to expire at the end of a limited period not less than five years. (3.) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a condition of their hiring. (4.) If complaint is made to the Governor in Council by or on behalf of the workmen of any employer that-- (i.) The provisions of any scheme are no longer on the whole so favourable to the general body of workmen of such employer and their depend- ants as the provisions of this Act; or (ii.) The provisions of such scheme are being violated; or (iii.) The scheme is not being fairly administered; or (iv.) Satisfactory reasons exist for revoking- the certificate; the Governor in Council, if satisfied that good cause exists for such complaint, shall, unless the cause of com- plaint is removed, revoke the certificate. (5.) When a certificate is revoked or expires, any moneys or securities held for the purpose of the scheme shall be distributed as may be arranged between the employer and workmen, or as may be determined by the Governor in' Council in the event of a difference of opinion. (6.) Whenever a scheme has been certified as afore- said, it shall be the duty of the employer to answer all such inquiries and to furnish all such accounts in regard to the scheme as may be made or required by the Governor in Council. ·I'l"ovisions as 13. Any eontract existing at the commencement of · tcoo e n x tr i a s c ti t n s g . this Act whereby a worker relinquishes any right. to compensation from the employer for personal injury by accident arising out of and in the course of his employment shall on the commencement of this Act be determined.

MASTERS AND SERVANTS. 8951 1905. WO/'kers' Oompensation A et. 14. From and after the commencement of this Act, Deductions it. shall n?t be lawful ~ or any employer or any person on Z~~ wages, hIS behalf, or for any msurance company or any person forbidden. on its behalf, to directly or indirectly take or receive any . money from any worker, whether by way of deduction from wages or otherwise howsoever, in respect of any liability of an employer to pay compensation under this Act or damages independently of this Act. All money so taken or received as aforesaid from any worker, whether with the consent of such worker or not, may by him be recovered back as a debt from the employer, company, or person who took or received it. 15. The Governor in Council may from time to time Regulations. make all such regulations as he deems necessary in order to give full effect to the provisions and intention of this Act. Regulations made in pursuance of this Act shall be published in the Gazette, and shall thereupon have the same effect as if they were enacted in this Act, and their validity shall not be questioned in or by any Court. Any regulations made in pursuance of this Act shall be laid before both Houses of Parliament. If either House of Parliament, within the next forty days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall, after the date of such resolution, be of no effect. SCHEDULE. SCALE AND CONDITIONS OF COMPENSATION. 1. The amount of compensation under this Act shall be- Amount of CA) Where death results from the injury- cohmpensation . . were death (1.) If the worker leaves any dependants wholly dependent results from upon his earnings at the time of his death, a sum equal to injury. his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of two hundred pounds, whichever of those sums is the larger, but not exceeding in any case four hundred pounds, provided that the amount of any weekly payments made under this Act shall be deducted from such sum; and if the period of the worker's employment under the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be one hundred and fifty-six times his average weekly earnings during the period of his actual employment under the said employer:

8952 Amount of compensation where total or partial incapacity results from injury. Workars over sixty years of age. Infirm workers. MASl'ERS AND SERVANTS. Workers' Oompensation Aat. 5 EDw. VII. No. 26, (ii.) If the worker does not leave any such dependants, but leaves any dependants in part dependent upon his earnings at the time of his death, such 8um, not exceeding in any case the amount payable under the foregoing provisiuns, as may be agreed upon, or, in default of agreement, may be determined, by a police magistrate under this Act, to be reasonable alld proportionate to the injury to the said dependants; and (iii.) If he leaves no dependants. the reasonable expenses of his medical attendance and burial not exceeding thirty pounds: Provided the same are not payable by a lodge or other provident society. (B) (i.) Where total or partial incapacity for work results from the injury, a weekly payment during the incapacity after the second week not exceeding fifty per centum of his average weekly earnings during the previous twelve months, if he has been so lung employed, but if not, then for any less period during which he has been in the employment of the same employer, but such weekly payment shall not exceed one pound, and the total liability of the employer in respect thereof shall not exceed four hundred pounds: Provided that- (a) In the case of a worker whom his employer has reasonable cause to believe to be over sixty years of age, and who has entered into an agreement ill writing with his employer as to the maximum amount of compensation to be payable to him under thJs Act in respect of accidents happening after the date of the agreement, the compensation shall not exceed that maximum, but the maximum shall not be less- (i.) Where death results from the injury, and the worker leaves any dependants, than fifty pounds; (ii.) Where total or partial incapacity for work results from the injury, than a weekly payment during the incapacity after the second week of five shillings, and a total liability of fifty pounds; (b) In the case of a workman who has, in accordance with the regulations, obtained from a medical referee a certificate to the effect that his age or any physical or mental infirmity or incapacity from which he is suffering is such as to render him specially liable to accident, or to render the result of an accident to him specially serious, and who has entered into an agreement in writing with his employer as to the maximum amount of compensation to be payable to him under this Act in respect of accidents happening after the date of the agreement, the compensation shall not exceed that maximum, but the maximum shall not be less- (i.) Where death results from the injury, and the worker leaves any dependants, than twenty-five pounds or a sum equivalent to thirty-nine times his average weekly earnings, whichever is the larger; (ii.) Where total or partial incapacity for work results from the injury, than a weekly payment during the incapacity after the second week of five shillings or one-quarter of his average weekly earnings, whichever is the larger, and a total liability of fifty pounds;

MASTERS AND SERVANTS. 8953 1905. Workers' Compensation Ad. Cc) As respects the weekly payment during total incapacity Workers to a worker who is under twenty-one years of age at the under date of the injury, and whose average weekly earnings are twenty·one less than twenty shillings, one hundred per celltum shall years of age. be substituted for fifty per centum of his average weekly earnings, but the weekly ~ ayment shall in no case exceed ten shillings. 2. In calculating "average weekly earnings" for the purposes of Mode of this Schedule - calculating Ca) Where the employer has been accustomed to pay to the" av:rage worker a sum to cover any special expenses entailed on him : a~ ~ li~ s " by the nature of his employment. the sum so paid shall not . be reckoned as part of the earnings; and Cb) Where a worker has not been exclusively employed by one employer for the period of four weeks immediately preceding the injury, regard may be had to the estimated amount of the sum which, taking one week with another, was being earned previously to the injury by a person in the same grade employed in the same class of employment and in the same district. 3. In fixing the amount of the weekly payment, regard shall be had Mode of to any payment not being wages which the worker may receive from the fixing amount .employer in respect of his injury during the period of his incapacity, and of weekly. in the case of partial incapacity the weekly payment shall in no case paYt~ ent m exceed one- haIf 0 f t he d ,1 'ff erence between t he a·mount 0 f t he average cer am cases. weekly earnings of the worker before the accident and the average weekly amount which he is earning or is able to earn in some suitable .employment or business after the accident. 4. Where a worker has given notice of an accident he shall, if so Medical required by the employer, submit himself for examination by a duly examination .(1ualified medical practitioner provided and paid by the employer; and if off worke~ th ':1 heeresa f musee, s h t · I o S S r l I l . bg h mtl.ttho·ImcsoemIfpetonssautIc . Ohne, x , aanmum.aantyI. Opnr, oo.creem d m ' angy U w ll a d yer 0 tb h sI ' tSru A cctst oaftaecrC! n 'd oetIncte. in relation to compensation, shall be suspended until such examination -takes place. 5. The payment shall, in case of death, be made to the legal personal To whom representative of the worker, or, if he has no legal personal representa- payme.nt tive, to or for the benefit of his dependants, or, if he leaves no dependantR, made m case to the person to whom the expenses are due; and, if made to the legal of death. personal representative, shall be paid by him to or for the benefit of the -dependants or other persons entitled thereto under this Act. 6. Any question as to who is a dependant or :;ts to the amount Q,uestion as payable to each dependant shall, in default of agreement, be settled by a to who is a police magistrate under this Act. dependant. 7. The sum allotted as compensation to a dependant may be invested Investment of or otherwise applied for the benefit of the person entitled thereto as compensation. agreed, or, in default of agreement, as ordered by the police magistrate. 8. Where it appears to a police magistrate, on any information which Remarriage the police magistrate considers sufficient, that a widow to whom any sum or m.isconduct is payable under this Act, whether by way of an annuity or as instal- of WIdow. ments or otherwise, ought on account of her remarriage, or on account of drunkenness, neglect of children, or other sufficient misconduct on her part, to be deprived of the whole or any part of any suoh sums, or that the terms on which, or the manner in which, any such sums are payable to the widow ought to be varied, the police magistrate may order such deprivation or variation,and may, on application being made in accord- ,ance with the regulations, make such further order, for the payment of

8954 MASTERS AND SERVANTS. Worieers' Oompensation Act.. 5 EDw. VII. No. 26, 1905. the sums of which the widow has been deprived to or for the (benefit of other dependants or of the employer, as in the circumstances of the case- the police magistrate may think just. Medical 9. Any worker receiving weekly payments under this Act shall, if examination so required by the employer. from time to time submit himself fol" owrefecweekiovlryiknegr ebxyamthienaetimonplboyyear.dul I y f quthaleifiwedorkmeerdirceafluspersacttoitisounbemr ipt ro h vimidseedl f atnod spuaci h d payments. examination, or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place. Regu1ati~ ns 10. A worker shall not be required to submit himself for examination as to ~ ed! cal by a medical practitioner under paragraph four or paragraph nine of this examInatIons. Schedule, otherwise than in accordance with the regulations; and where he has so submItted himself for examination, he shall not, without the leave of the police ma~ istmte, be again required to so submit himself until after the expiration of one month after the previous examination. Medical referee. Where a worker has so submitted himself for examination by a. medical practitioner, and the employer has, within six days after such examination, furniRhed the worker with a copy of the report of" that practitioner as to his condition, then, in the event of no agreement being come to between the eUlployer and the worker as to the worker's condition or fitness for employment, the police magistrate- (a) In the case of a submission for examination under paragraph four of this Schedule, on application being made to the police- magistrate by the employer, and on payment by him of such fee as may be fixed, not exceeding the limit prescribed by the Regulations, may; and (b) In the case of a submission for examination under paragraph nine of this Schpdule, on application being made to the police magistrate by either party, and on payment by such party of such fee as may be fixed, not exceeding the limit prescribed by the regulations, shall .refer the matter to a medical refer~ e. The medical referee to whom the matter is so referred shall, in accordanctl with the regulations, give a certificate as to the condItion of . the worker and his fitness for employment, speCIfying, where necessary, the kind of employment for which he is fit; and that certificate shall be conclusive evidence as to the matter so certified. If a worker, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been so referred as aforesaid, or in any way obstructs the same, his right t() compensation and any proceeding under this Act in relation to compen- sation, or in the case of a worker in receipt of a weekly payment his. right to that weekly payment, shall be suspended until such examination has taken place. The regulations may prescribe the manner in which documents are to. be furnished or served and applications made under this paragraph, and the forms to be used for those purposes, and as to the fee to be paid undel" this paragraph. Weekly payment maybe reviewed. 11. Any weekly payment may be reviewed by a police magi~trate at the request either of the employer or of the worker, and on such review may be ended, dimini~ hed, or increased, subject to the maximum above· provided: . Provided that where the worker was at the date of the accident under twenty-one years of age, and the review takes place more than twelve months after the accident, the amount of the weekly payment may De increased to any amount not exceeding fifty per centum of the weeklY'

MASTERS AND SERVANTS. 8955 5 EDW. VII. No. 9, 1905. Shearers g' SU.fJar Worker~ Accommodation Act. sum which the worker would probably have been earning at the date of the review if he had remained uninjured, but not in any case exceeding one pound. 12. Where any weekly payment has been continued for not less Payment of than three months, the liability therefor may, on the application by or on lump sum. behalf of the employer, be redeemed by the payment of a lump sum to be agreed on by the parties, or, in default of agreement, to be determined by a police magistrate under this Act; and such lump sum may be ordered by the police magistrate to be invested or otherwise applied for the benefit of the person entitled thereto. 13. If a worker receiving weekly payment ceases to reside in the Worker Commonwealth he shall thereupon cease to be entitled to receive any cea. sin~ to weekly payment, but if he proves that the incapacity resulting from the ~ sIde ID injury is of a permanent nature he shall be entitled to a lump sum not w~~ : on- . exceeding one hundred and fifty-six times the amount of weekly payment • less all payments theretofore paid. Any question arising under this paragraph shall, in default of agreement, be determined by a police magistrate. 14. No money paid or payable in respect of compensation under this Compensation Act shall be capable of being assigned, charged, taken in execution, or no~ attached, nor shall the same pass to any other person by operation of assIgnable. law, nor shall any claim be set off against the same. 15. When payment of any moneys und~ r this Act is made to any Payments to person under twenty-one years of age, whether such person claims as a minors. worker, dependant, or legal personal representative, the receipt of such person therefor slmll be a good and valid discharge in law; and such person (notwithstanding minority) may, with the approval of a police magistrate, elect to claim compensation under this Act, and may agree upon the amount of compensation payable. An Act to Provide for the Proper and Sufficient 5 Edw. VII. Accommodation of Shearers and Sugar N; ~ : . Workers. A~ ~ ES~ ~ ~ ~ [ASSENTED TO 9TH NOVEMBER, 1905.J . A: ~ ! ~ ~ ~ A- B E it enacted by the King's Most Excellent Majesty, .AOT T~ ~N1905. . 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 Shearers and Short title Sugar Workers A.ccommodation A.ct of 1905," and shall ~ ~ ! mence­ commence and take effect on and from the first day of ment of .Act. January, one thousand nine hundred and six. 2. In this Act, unless the context otherwise indicates, I?terpreta- the following terms have the meanings set against them tlOn. respectively, that is to say- " District "-A district constituted for the purposes District. of this Act; I