Workers' Compensation Act of 1916 (6 Geo v No. 35) (Qld)

6926 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, 6NGoe.o3. 5V. . An Act to'Amend the Law with respect to Compen- THE sation to Disabled Workers. WORKERS' COMPENSA- [ASSENTED TO 5TH JANUARY, 1916.] B TION ACT OF 1916. 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;- mSanhedoncrctoetmmit-elent Oom 1 p . en ( s 1 a . t ) io T n h A is ct A o c f t 1 m 91 a 6 y ." be cited as "The Workers' of Act. 5 Edw. VII. (2.) This Act shall come into operation on a day to be No. 26, s.l. proclaimed by the Governor in Council and published in VNoa. . 12941946,, the Gazette. s.l. (3.) Such Proclamation shall not be made until the Insurance Commissioner is prepared to grant and issue accident insurance policies for the purposes of this Act. Repeal. 2. " The Workers' Oompensation Act of 1905"* and "The Workers' Oompensation Act Amendment Act of 1909 "t and "The Employers' Liability Acts, 1886 to 1888," t are repealed. Any scheme of compensation approved by the Go- vernor in Council under section twelve of "The Workers' Oompensation Act of 1905,"* and in respect of which a certificate under that section is in force at the commence- ment of this Act, shall on the commencement of this Act cease to have any force or effect, and the said certificate s~ all be deemed to be revoked; whereupon the provisions of the said section as to the distribution of the moneys and securities held for the purpose of the said scheme shall have effect and be observed. It 5 inoEtned. rwpr.e V ta I - I. cates 3 , . th ( e 1. f ) olIlnowthinisg Atecrtm, sunhleasvse tthheecmonetaenxitnogtshesrewt isaegainindsi- t SN. oA. . 2169, 181. , 2. them respectively, that is to say : - No. 1053, s.4. Va.1914, No. 2496, ~ . 2, 17. Accident insurance. "Accident insurance"-Insurance against liability in relation to workers' compensation under . this Act; '" 5 Edw. VII. No. 26, supra, page 1256. t 9 Edw. VII. No. 16, supra, page 1264~ t 50 Vic. No. 24 and 52 Vic. No. 3, supra, pages .1252 et ~ eq.

LABOUR. 6927 1916. Workers'CompensationAct. " Dependants" - Such members of the worker's Dependants family as were wholly or in part dependent upon the earnings of the worker at the time of his death, or would but for the incapacity due to the accident havc been so dependent, and as are resident in the Commonwealth of Australia, or the Dominion of .New Zealand, or in any part of the dominions of the Crown to which the benefits of this Act in favour of dependants residing therein have been extended as hereinafter provided; Where the worker being the parent or grandparent of a child born out of wedlock leaves such a child so dependent upon his earnings, or being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnings; the term includes such a child born out of wedlock and parent or grandparent respectively; .., Employer" includes persons, firms, institutions, Employer. associations, clubs, societies, companies, and corporations employing workers, and the legal personal representatives of a deceased em- ployer: Where the services of a worker are temporarily lent or let on hire to another person by the person with whom the ·worker has entered into a contract of service or apprenticeship, the latter is for the purposes of this Act deemed to continue to be the employer of the worker whilst he is working for that other person; ." Fund "-1.'he State Accident Insurance Fund Fund. created by this Act; "Government Department" includes any Govern- Government IQ.ent Department heretofore or hereafter Department. created, and also the Commissioner for Rail- ways and the Corporation of "The rrreasurer" created under and for the purposes of the laws relating to sugar works; ·H Insurance Commissioner"-The Insurance Corn- Insurance ml . SS . lOner appO . ln t e d under th I ' S L A 1.C t ; s C i o o m ne m r. is- '" Insurer" means any company, firm, association, Ipsurer. or person approved of by the Governor in Council as an insurer for the purpose of this Act;

6928 Medioal practitioner. Medical referee. Member of a family. Place of employment. Port. Queensland ship, Regulations. Seaman. LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, "Medical practitioner"-A duly qualified and registered medical practitioner; ":Medical referee"-A medical practitioner ap- pointed under this Act to act as. a medical referee; "Member of a family"-Wife or husband, father,. mother, grandfather, grandmother, step-father,. step-mother, son, daughter, grandson, grand- daughter, step-son, step-daughter, brother, sister, half-brother, half-sister: the term hl.- eludes any person who stands in' loao parentis; to another person and also that other person ;.• "Place of employment "-The premises, works~ plant, or place for the time being occupied by or under the control or management of the employer by whom the worker concerned is employed, and on or at or in connection with which the worker was working at the time of the accident; " Port" includes place or harbour; "Queensland ship"-Any ship, vessel, boat, or other craft which is- (a) Registered in this State; or (b) Owned by a body corporate established under the laws of Queensland or having its principal office or place of business in Queensland; or in the possession of any such body corporate by virtue of a charter; or (a) Owned by any person or body corporate whose chief office or place of business in respect of the management of such ship is in Queens- land; or in the possession of any such person or body corporate by virtue of a charter; or (d) Owned by the Orown in respect of the Government of Queensland; or in the posses- sion of the Crown in that respect by virtue of a charter; " Regulations "-Regulations made under the- authority of this Act; "Seaman"-A worker employed as a master,. officer, seaman, apprentice, or in any other capacity whatever on board a Queensland ship' by the owner or charterer thereof;.

1916. LABOUR. Workers'CompensationAct. 6929> "This Act "-This Act and all Orders In Council This Act. and regulations made thereunder; "Worker"-Any person (including a domestic Worker. servant) who has entered into or works under a contract of service or apprenticeshjp with an employer, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied or is oral or jn writing: the term does not include- (a) A person employed whose remuneration exceeds four hundred pounds a year; or (b) A person whose employment is of a casual nature, and is not for the purposes of the employer's trade or business, unless he js specially insured under or is covered by a policy of accident insurance under this Act; or (c) A member of the police force; or (d) A contributor under "The Public Service S'uperannu(ftion Act of1912"*; or (e) A member of the employer's family dwelling in his house. (2.) Where a contract to perform any work in a mine, ContractorS' as defined by "The Mines Regulation Act of 191O,"t is let: e~ , : ~ e: r directly to a contractor or contractors who- Mines (a) Neither sublet the contract nor employ wages !:Fation men; or (b) Though employing- wages men, actually per- form any part of the work themselves, such contractor or contractDrs, and also such wages men so employed, shall, for the purposes of this Act, be deemed to be workers employed by the person who let such con- tract. (3.) Every tributer working in connection with any Tributers. mine, as defined by " The Mines Regulation Act of 1910,"t and also any wages men employed by any such tributeI', , shall, for the purposes of this Act, be deemed to be workers employed by the person with whom the tribute agreement was made by the tributeI'. (4.) Any reference to a worker who has been injured" Reference to> where the worker is dead, includes a reference to his legal: O~ ! ~ e~ ~ W * 3 Geo. V. No. 28, supra, page 5696. t 1 Geo. V. No. 24, supra, page 2241.

>6930 LABOUR. Workers' Compensation .Act. 6 GEO. V. No. 35, personal representative or to his dependants or other person to whom or for whose benefit compensation is payable. Earnings and (5.) For the purposes of the provisions of this Act ,!: ~ ~ ~ e relating to " earnings" and "average weekly earnings" of -earnings. Va.1914, No. 2496, .sch. I. 2. a worker, the following rules shall be observed :- (a) Average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which the worker was being remunerated; (b) In computing average weekly earnings there may be taken into consideration amounts paid by way of overtime, but not any sums which the employer has been accustomed to pay to the worker to cover any special expenses entailed on him by the nature of his employ- ment; (0) Where by reason of the shortness of time during which the worker has been in the employment of his employer, or the terms of the employ- ment, it is impracticable at the date of the accident to compute the rate of remuneration, regard shall be had to the average weekly amount which, during the twelve months pre- vious to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employ- ment and in the same district; (d) Where the worker had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his average weekly earnings , ssuhcahll bceonctormacptsutewderaes iefarhniisngeasrniningths eunedmeprloayl- l ment of the employer for whom he was working at the date of the accident. State Accident Insurance Office.. Va.1914, No. 2496, ss. 32, 34. 4. (1.) For the purpose of enabling employers to 'Obtain .from the State policies of accident insurance and for the purpose of doing all such things as are incidental 'Or conducive to the carrying out of accident insurance, a State Accident Insurance Office shall be constituted.

1916. LABOUR. TVorkers' Compensation Act. 6931 Policies of accident insurance issued by the Insurance Commissioner shall primarily be confined to liability to pay compensation under this Act: Provided that the regulations may empower the Insurance Commissioner to issue policies covering liability in relation to compensatio:p. or damages under any other Act, or at common law or otherwise, and may prescribe all such conditions and pro- visions as will enable the Insurance Commissioner to effectively carry out accident insurance business under such extended policies. For the purposes of this Act, all legal proceedings may be brought by or against the Insurance Commissioner in his official name. (2.) The State Accident Insurance Office shall be Insura~c~ managed and controlled by an officer from time to time ~~ ~ ~S­ appointed by the Governor in Council, and called "The Insurance Commissioner." (3.) The Governor in Council may from time to time Deput:y appoint an officer, to be called "The Deputy Insurance ~ ~: ~ 1~ C'. Commissioner," who shall manage and control the office ' during the absence and on behalf of the Insurance Com- missioner, and also during the occurrence from any cause of a vacancy in the office of such Commissioner and so long as such vacancy continues. (4.) The Governor in Council may also from time to Officel'S'. time appoint or employ such other actuaries, agents, inspectors, supervisors, officers, medical practitioners, and other persons as may be necessary for the purposes. of the State Accident Insurance Office. (5.) The Governor in Council shall from time to time Industria~ appoint such and so many persons as he deems necessary referees. to act as industrial referees for the purposes of this Act. A District Court Judge may, notwithstanding any Act to the contrary, be appointed to be and may act as an industrial referee. Every such referee, when sitting for the purposes of this Act, shall have all the powers of and be deemed to be a Commission under ,. The Official Inquiries Evidence Act of 1910." * . (6.) The Governor in Council may appoint any medical Medical practitioners to be medical referees for the purposes of referees. this Act. 5 (1.) There is hereby created a fund to be called State the" State Accident Insurance Fund." Accident Insuranc~ - - - - - - - - - - - -- - -- - ----------- - - - - - - - - - - - - - - - - - - - - ~ Fund. * 1 Geo. V. No. 26, supra, page 748. •

06932 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, Grant of £20,000. All premiums and other moneys received by the Insurance Commissioner under this Act shall be paid into the fund. All payments in respect of policies or of the adminis- tJ;ation of State accident insurance business shall be pay- able out of the fund. The salaries, wages, or allowances of any officers or employees of the Public Service who are employed in such business shall, if paid out of the Consolidated Revenue, be recouped from the fund. (2.) There is hereby appropriated out of the Consoli- dated Revenue, as and by way of grant to the fund, the sum of twenty thousand pounds. Accident policies 6. (1.) Every policy issued by or for the Insurance guaranteed Commissioner shall be issued on behalf of and is hereby by State. guaranteed by the Government of Queensland. Payment (2.) Such sum as the 'rreasurer may at any time ~ ~~ ~ !lidated certify to be required to secure any payment legally pay- Revenue if able under and pursuant to a State Accident Insurance necessary. policy, so far only as the same cannot be paid out of the fund, is hereby appropriated out of the Consolidated Revenue Fund. 'Recoup from Any sum so appropriated shall be deemed to be an t: : ~ : ~ ~ e advance to the fund, and shall remain a charge thereon, Fund. to be recouped when moneys are available. Company, 7. (1.) The Governor in Council may approve that f c i a rm rr , y e o tc n ., to any company, fI' m, iaSS' OCla t I ' On, or person (h erer . nafter A bu c s c i i n d e e s n s t of called" the applicant"), which or who is carrying on in Insurance. Queensland at the time of the commencement of this Act, or who may hereafter carry on, the business of accident insurance, may carry on the same. Such approval shall be granted upon such applicant giving security to the Treasurer for the performance of his obligations under any contract or policy of accident insurance heretofore or hereafter to be made or issued by him. (:2.) Such security shall be given by the deposit with the Treasurer in ca'Sh of a sum of five thousand pounds or such less sum as the Treasurer may fix. (3.) On the making of such deposit, the Governor in Council shall grant to the applicant a certificate to the effect that such deposit has been made, and that the Gove!nor in Council has approved that the applicant ~ ay carry on in Queensland the business of accident Insurance.

1916. LABOUR. Workers'CompensationAct. 6933 (4.) If the applicant at any time ceases to carry on in Queensland the business of accident insurance, and satisfies the Treasurer that he has liquidated in full all his liabilities under any policy issued by him in respect thereof, the :amount of such deposit shall be returned to him. 8. It is obligatory for every employer to obtainIns:n-ance from the Insurance Commissioner a policy of accident~ ligti~ ? · insurance for the full amount of the liability to pay N~ : 2496, .compensation under this Act to all workers employed by B. 37. him: Provided that the Insurance Commissioner may, if he thinks fit, declare by notification in the Gazette that it shall be obligatory for every employer to insure all persons whose employment is of a casual nature, whether the emplqyment is for the purposes of the employer's trade or business or not. Any employer who fails to comply with this section Penalty. is liable to a penalty not exceeding five pounds in respect ()f each uninsured wOl'ker employed by him; and, after the date of any conviction for a contravention of this section, he shall from time to time be liable to further penalties not exceeding twenty pounds for every week ?uring which he fails to comply with this section. Moreover, upon the payment of any compensation by Remedy of the .I:t;surance Commissioner under this Act in respect of ~:: ~~e an lllJury to a worker who was not at the time of the sioner. accident covered or deemed to be covered by a policy of ~ ccident insurance under this Act, the full amount of .compensation so paid may be recovered by the Insurance Commissioner in any court· of competent jurisdiction from the employer who should have insured such worker. 9. (1.) Each worker who is injured by accident, Liability to whether at the place of employment or on his journey to ~ ? mpensa­ <>1' from such place or (being in the course of his employ- ~ : ; hington, f mroemnt t o h re wp 1 ahcilee 0 u f nedmepr 1 ohyismeenm t , polory h er I · S 's d ienpsetrnu d catniotsns I ) . II acwaasye 0 s o . . f 5 714 ; 901 c £ 3 . . 1 19 4 1 8 1, <>f death of the worker, shall receive out of the State Accident Insurance Fund compensation in accordance with this kct, and except as in this Act is otherwise provided such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever. (2.) No compensation is payable under this Act in respect of any injury which does not disable the worker for a period of at least three days from earning full wages 3,t the work at which he was employed. . •

6934 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, W: es~ . (3.) No compensation is payable on account of any ~~ f~ ti913 injury to or death of a worker caused by an intentional B: 28. 'self-inflicted injury. Application 10. This Act applies to workers employed by or under itno ewmoprkloeyrs- the Crown or any Government Department in all cases m.ent of where this Act would apply if the employer were a private CS.rAow. 1n9.11. person. No. 1053, B.5. Notwithstanding anything in this Act, any sum pay- Va. 1914, able under this Act in respect of any claim against or N B. o 4 . . 2496, premiums payable by the Crown or any Government Department may, with the authority of the Minister of the Crown administering the Department concerned, be paid out of any moneys available for the purpose or out of moneys specially appropriated by Parliament for the- purpose. Seamen. 11. This Act applies in respect of an accident happen- ing to a seaman employed on a Queensland ship, if the accident arises in the course of his employment, and happens while the ship is in any port within Queensland or is within the territorial waters of Queensland. Existing 12. This Act applies, notwithstanding any contract t() ~ o~~ ' : ~ ~ II. the contrary made after the commencement of this Act. No. 26, B. 13. Any contract existing at the commencement of this Act whereby a worker relinquishes any right to compen- sation for personal injury by accident which under this Act would entitle him to compensation shall on the commencement of this Act be determined. Settle~ ent 13. (1.) Applications for compensation shall be ;::;ton allowed or rejected in the first instance by the Insurance c. 74 of 19Ii, Commissioner; but the Insurance Commissioner, on ~ . ~ ~ ~ VII receipt of any such application, may, or any person No. 26: B. 5: claiming compensation who objects to the ruling thereon of the Insurance Commissioner may, by notice in writing require the matter to be heard and determined by an industrial referee, and the application shall in such case be heard anQ. determined by such referee in accordance with the regulations. The decision of such referee shall, subject to the next succeeding subsection, be final; subject to the regulations' the costs of the proceedings shall be in his. discretion. (2.) Either party to· the proceedings before such referee may appeal from his decision on any point of law ~ ~

LABOUR. 6935 1916. Workers'CompensationAct. Such appeal shall be made to the Supreme Court by way of special case in manner provided by "The Justices Ads, l88(j to 1909,"* with respect to appeals from the decisions of justices, and the provisions of those Acts relating to such appeals shall, mutatis mutandis, apply to appeals under this section: Provided that the Court shall decide the points of law so raised without argument, and neither party shall appear or be represented before the Court. Subject to the regulations, the costs of appeal shall be in the discretion of the Court. 14. (1.) The amount of compensation under this Act Amount of shall be- ctioomn pwenhseare- (A) Where death results from the injury- death results from injury. (i.) If the worker leaves any dependants wholly 5 Edw. VII. dependent upon his earnings at the time of his~ ~ . 2I~ ' death, a sum equal to his earnings in the 9Edw. VII. employment of the same employer cl uring the VNoa..11961, 4s., 2. three years next preceding the injury, or the No. 2496, sum of three hundred pounds, whichever ofSched. I. 1. those sums is the larger, but not exceeding III any case six hundred pounds: Provided that- The amount of any weekly payments made under this Act and any lump sum in redemption thereof 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 employ- m..n1J under the said employer: (ii.) If the worker does not leave any such de- pendants, but leaves any dependants in part dependent upon his earnings at the time of his death, such sum, not exceeding in any case the amount payable under the foregoing provisions, as is reasonable and proportionate to the injury to the said dependants; and • ::'. . ,'< * 50 Vie. No. 17 and amend~ ng Acts, supra, pages 1132 et'seq. M

6936 Amount of compensa- tion where total or partial incapacity results from injury. Provision as to seamen. Va.1914, No. 2496, s.17. Where no dependants. Weekly payment~ . Compen- sation to be paid in full. LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, (iii.) If he leaves no dependants, the reasonable expenses of hIs medical attendance and. burial not exceeding fifty pounds. (B) Where total or partial incapacity for work results from the injury- A weekly payment during the incapacity not exceeding fifty per centum of his average weekly earnings during the previous twelve months, if he has been so long 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 two pounds, and the total liability in respect thereof shall not exceed seven hundred and fifty pounds; Provided that when fifty per centum of such average weekly earnings is less than two pounds the weekly payment to a work8r may be increased to any sum not exceeding the full amount of such average weekly earnings, but not in any case exceeding two pounds per week, if the Insurance Commis- sioner or industrial referee thinks proper under the circmnstances; Provided further that in no case shall an adult worker be entitled to receive during total incapacity a less sum per week than one pound. (2.) The following provisions apply to seamen;- (i.) In the case of the death of a seaman leaving no dependants, no compensation is payable if the owner or charterer of the ship is, under any Act in force in Queensland, liable to pay the expenses of burial. (ii.) No weekly payments are payable in respect of any period during- which such owner or charterer is, under any other Act in force in Queensland, liable to defray the expenses of maintenance of an injured seaman. (iii.) Compensation shall be paid in full in all cases notwithstanding any limitation of liability in any other law.

LABOUR. 6937 1916. Workers'CompensationAct. :c 15. The provisions set forth in the Schedule to this Procedure, Act shall he applicable to the business of State accident h duI insurance and to proceedings for and consequent upon the c e e. recovery of compensation under this Act. ::-luch provisions may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette. Any such Order in Council shall be laid before both Houses of Parliament. ' If either House of Parliament witbin the next forty nays after any such Order in Council has been laid before such House resolves that such Order in Council ought to be annulled, the same shall, after the date of such resolu- tion, be of no effect. • 16. (1.) Nothing in this Act shall affect any civil When worker tlihaebiplietrysoonfatlheneegm1I·gpelonyceer owr hWe.nIlfuthl eacint joufrytI t lweasemcpa1uosyeedr boyr pI ~ n n r d o a ce y epeteadnkidneegns t . of some person for whose act or default the employer is ~ E~ -: . ~I. responsible, or was such as to give a right to recover vZ: 19it . compensation uncleI' the laws relating to mining. ~ o5. 2496, In such case the worker may at his option pither obtain compensation under this Act 01' take proceedings independently of tbis Act, but the worker is p.ot entitled to compensation under this Act if he has obtained judg- ment against the employer independently of this Act. (2.) If compensation has already been recovered by the claimant in respect of the injury under any law of the United Kingdom, or of the Commonwealth of Aus- tralia, or of a1~ . v other part of His Majesty's dominions, compensation under this Act shall not be allowed to the claimant. No person having a right to such a claim under any such law shall apply for compensation under this Act, unless he makes a statutory declaration that be has not claimed, and covenants with the Insurance Commissioner. that he vyill not claim, compensation for the injury under any such law. 17. It is not lawful for any employer or any person Deductions on his behalf to directly or indirectly . take or receive a • ny fwroagmes, & c., money from any worker, whether 11y way of deductIOn forbidden. from wages or otherwise howsoever, in respect of any ~ E~- :. ~ t liability under this Act or to pay damages independently o. , s. of this Act.

6938 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, 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 as a debt from the employer, or person who took or received it. Reciprocal 18. Where the Governor in Oouncil is satisfied that ~ f~ ~ ~ation by the la"ws o{ any ether country within the dominions of outside the Orown outside the Oommonwealth of Australia and ~ ~ ; ~ n~ ~ ~ ~ ~ . the Dominion of New Zealand compensation for accidents No. 248,s. 53. is payable to the relatives of a deceased worker, although they are resident in Queensland, he may, by Order in • Oouncil, declare that dependants resident in that country shall have the same rights and remedies under this Act as if resident in Queensland. o Ju f rjiussdtiiccteiso.n f ailur 1 e 9. to (1.) coCmopmlyplawinitths tfhoirs oAffcetncsehsallagbaeinshtearodr afnord- determined in a summary way under" The Justices Aots. 1886 to l!JOn."* Appropria- tion of penalties. pal 'd I( . 2n_ t)o Athlel Jp! elunnadl.ties recovered under this Act shall be (3.) Any such complaint may be instituted by the Insurance Oommissioner within six months after the fact of the commission of the offence against or failure of compliance with this I\ ct came to the knowledge of the Insurance Oommissioner. Regulations. 20. (1.) The Governor in Oouncil may from time to ;. E~ , ; ' v~.time make all such regulations as he deems necessary or o. ,s. 'convenient in order to give full effect to the provisions and intention of this Act. (2.) Without limiting the generality of the foregoing- provision, such regulations may- " (i.) Direct the use of tables fixing and, if necessary. varying the rates of premium to be charged" in connection with State accident insurance contracts, and provide special rates for workers specially liable to accident by reason of their age or any physical or mental infirmity or incapacity, or for workers in some particular- occupation where the risk in the individual case is greater than that usually involved. in such occupation: Provided that the In- surance Commissioner may fix the premium in the case of any such accident insurance contract not provided for in the said tables; * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et seq.

LABOUR. 1916. Workers'CompensationAct. (ii.) Prescribe conditions or provisions to be contained or implied in State accident insurance contracts, and define the nature and extent of the risks to be covered by such contracts; (iii.) Prescribe bases for the fixing of compensation where practicable, taking age, debility, in- firmity, or any other factor into consideration; (iv.) Provide generally for the proper conduct of State accident insurance business; (v.) Prescribe the duties of and fees to be paid to medical referees and other medical practitioners under this Act; (vi.) Empower 'the Insurance Commissioner- (a) 'ro review and, if he deems it just, to reduce the charges made by any medical practitioner or other person in respect of 'medical or surgical attendance on or treatment of injured workers; (b) To enter into arrangements or agreements with medical practitioners and hospitals or other institutions for providing medical and surgical attendance, treatment, and aid to injured workers out of the compensation payable to such workers; (vii.) Require insurance companies which at the }Jassing of this Act are carrying on in Queens- land the business of accident insurance to furnish to the Inmrance Commissioner such returns as may be prescribed relating to the business of accident insurance; (viii.) Limit the amount of costs recoverahle in pro- ceedings under this Act; prescribe the method of recovery of costs. The regulations may impose a penalty not exceeding twenty pounds for any breach thereof. Any such regulations may p:l'ovide that the same shall come into force immediately on the publication thereof, notwithstanding that this Act has not been proclaimed to be in operation. (3.) Regulations made in pursuance of this Act shall be published in the Gazette, a,nd shall thereupon be read as one with this Act and be of equal validity. Any such regulations shaJl be laid before both Houses of Parliament. 6939 •

6940 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, 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. PROVISIONS RELATING TO THE BUSINESS OF S'rATE ACCIDENT INSURANCE, AND TO PROCEEDINGS FOR THE RECOVERY. OF AN)) CONSEQUENT ON THE RECOVERY OF COMPENSATION. • Delegation 1. The Insurance Commissioner may from time to time, by writing ~ Y Commis- under his hand, delegate to the Deputy Insurance CommissioI'ler, or to- SVlOa.n1e9r. 14, any officer appointed to assist him, any of the powers, functions, or No. 2496, duties imposed or conferred on the Insurance Commissioner by this SB. 32 to 36. Act. Appropria- 2. (1.) Where at the end of any financial year a surplus remains tion of surplus. in the fund after providing for all liabilities, it shall be dealt with as provided in this section. (2.) Such portion as the Insurance Commissioner and the Audito·r- C'rlmeral deem advisable shall be carried to a reserve fund, which shall be invested in securities of the Government of Queensland. (3.) The investment in such securities shall in every case be made through the Treasurer at par; and the redemption of the seeurities, whether at maturity of the loan or before that date, shall be at par. (4.) Any balance of the said surplus may be dealt with as the Governor in Council may direct. Annual balance sheet. 3. (1.) The Insurance Commissioner shall, in the month of August in each year, prepare and transmit to the Treasurer a balance-sheet and statement of accounts, setting forth a true statement of the finaneial position and the transactions of the State Accident Insurance Office for the preceding financial year, audited by the Auditor-General; and a copy of such balance-sheet and statement shall be laid before each House of Parliament as soon as practicable. The Auditor-General shall have, in respect of such balance-sheet and statement, all the powers conferred upon him by any Act relating to the auditing of the public accounts.. (2.) The balance-sheet shall- (a) Show a profit and loss account; (b) Be in the form prescribed by the Auditor-General; ) (c) Show separately. what sums (if any) hav:e been paid or set aside for or towards interest, reserve fund, outstanding claims, and unearned premiums. Application 4.(1.) The person entitled to compensation under this Act or for some person. on his behalf shall file with the clerk of petty sessions ~ ~ o~ ~ enBa- an applicatioI) for: compensation in accordance with the regulations: Washington, together with a certificate of the medical practitioner, if any, who- c. 7~ of 1911, attended the worker, and sHch proof or other particulars required by s.l., th0 rellulat.iom:.

1916. LABOUR. Workers'CompensationAct. 6941 The clerk of petty sessions shall, as soon as practicable, forward all documents in connection with each application to the Insurance Commissioner with a report thereon : Provided that in the case of an injury to a seaman not resulting. in death the application may be filed with the clerk of petty sessions of the district in which the seaman is during his incapacity, and in case of the death of a seaman by accident the application may be filed with the clerk of petty sessions of the petty sessions district in which the dependants are living. (2.) No application shall be valid or claim thereunder enforce- able unless filed within six months after the day upon which the injury occurred or the right to compensation accrued. But this pro- vision may be waived by the Insurance Commissioner if he is satisfied that failure to make application was due to mistake, absence from Queensland, or other reasonable cause. , 5. Whenever any accident occurs to any worker it shall be the Duty of duty of the employer forthwith to report particulars of such accident employer. and the injury resulting therefrom to the proper clerk of petty sessions. Such report shall state- (L) The time, cause, and nature of the accident and injury, and the probable duration of the injury resulting therefrom; (iL) Whether the accident arose in the course of the injured person's employment; (iii.) Any other matters prescribed by the regulations, Any employer who has not complied with this provIsIOn within thirty days after the happening of an accident shall, unless he furnishes to the adjudicating court a reasonable excuse for such failure, be liable to a penalty not exceeding thirty pounds. 6. Any worker applying for or in receipt of compensation under Medical this Act is required, if requested by the Insurance Commissioner or the exam~ nation. clerk of petty sessions, to submit himself for medical examination at W; S~ f1t; lni a time and from time to time at a place reasonably convenient for ~' 13. o , the worker and as may be prescribed by the regulations. . If the worker refuses to submit to any such examination or obstructs the same his right to weekly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or on account of such period. 7. Upon the request of any applicant for compensation under this Public Act, made in the prescribed manner to the curator of intestate curator may estates or to a public curator appointed under any Act, he may make alct. for t and pr?secute any app 1 l · OatI'On for compensatJ.On under t hI' S Act dan creaqlumeastn. s on otherwIse act for and on behalf of such claimant for any of the purposes of this Act. When so acting he shall be entitled to claim and receive such fees and charges as may be prescribed under this Act, or in the ca.,e of a public curator under the Act creating his office. S. If the Insurance Commissioner is sati;;fied that an application Advances on for compensation i;; welJ founded, he may, In hI" discretion, before account.

6942 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, the amount of compensation is fixed, or pending any appeal as to the amount thereof, from time to time advance to the worker such sum or !'Iums on account of compensation as he thinks proper under the circumstances. Ratio of com- 8 ~ eDBrtion. 9. (1.) Notwithstanding anything contained in this Act as to the N~ · 2: ~ : ' s rate of compensation, compensation for the injuries mentioned in the . ,.. first column of the table hereunder set forth shall be assessed in the manner indicated in the second column of that table. • (2.) Nothing in the said table shall limit the amount of compen- sation payable for any such injury during any period of total incapacity due to illness resulting from that injury, but any sum so received shall be taken into account in estimating the compensation payable in accordance with the said table :- Nature of Injury. Ratio of Compensation to Full Compensation as for Total Incapacity in Estimating the Amount of Weekly Payments or of a Lump Sum in Redemp- tion thereof. 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 10ES of mental powers involving inability to work Total and incurable paralysis of the limbs or of mental . powers Total loss of the right arm or of the greater part of the arm Total loss of the left arm or of the greater part of the arm Total loss of the right hand or of five fingers of the right hand or of the lower part of the right arm .. Total loss of the same for the left hand n.nd arm Total loss of a leg .. Total loss of a foot or the lower part of the leg .. Total loss of the sight of one eye, together with the serious diminution of the sight of the other eye Total loss of hearing .. Complete deafness of one ear Total loss of the sight of one eye .. Total loss of the thumb of the right hand Total loss of the thumb of the left hand .• Total loss of the forefinger of the right hand Total loss of the forefinger of the left hand Total loss of part of the thumb of the right hand Total loss of the little finger of the hand .. Total loss of the middle or ring finger of the hand Total loss of the great toe of either foot·. . . . Total loss of any other toe or of a joint of a finger 100 per cent. 100 per cent. 100 per cent. 100 per cent. 100 per cent. 100 per cent. 100 per cent. 80 per cent. 75 per cent. 70 ·per cent. 65 per cent. 75 per cent. 60 per cent. 75 per cent. 50 per cent. 10 per cent. 40 per cent. 30 per cent. 25 per cent. 20 per cent. 15 per cent. 15 per cent. 12 per cent. 8 per cent. 20 per cent. 5 per cent. For the purposes of this table an eye, hand, foot, or other member is deemed to be lost if it is rendered permanently and wholly useless. Where a worker suffers by the same accident more than one of the injuries mentioned in this table, he is not in any case entitled to receive more than full compensation as for total incapacity.

LABOUR. 6943 1916. Workers'CompensationAct. 10. In fixing the amount of the weekly payment, regard shall be Regard to be lhad to any payment, allowance, or benefit the worker may receive had to from the employer during the period of his incapacity. aPlaolywmaennctess, , &c., to worker. Va. 1914, No. 2496, Sch. I. 3. 11. Any weekly payment may be reVIewed by an industrial referee Weekly .at the request either of the Insurance Commissioner or of the worker, payment .and on such review may be ended, diminished, or increased, subject maf be to the maximum herein prescribed : ~ ; ~ ~ ~ ~ t Provided that where the worker was at the date of the accident No. 2496, under twenty-one years of age, and the review takes place more than Sch. 1. 15. ! twelve months after the accident, the amount of the future weekly I payment may be increased to any amount not exceeding fifty per ·centum of the weekly sum which the worker would probably have I been earning at the date of the review if he had remained uninjured, :but not in any case exceeding two pounds. • . ... 12. Where there are both total and partial dependants, nothing in Total and ·this Act shall be construed as preventing the compensation being partial i allotted partly to the total and partly to the partial dependants. I dependants. Va. 1914, No. 2496, Sch.1. 8. I 13. Where a worker has, under clause 6 of this Schedule, sub- Medical Imitted himself for examination by a medical practitioner, and the referee. I Insurance Commissioner has, within six days after such examination, j-furlished the worker with a copy of the report of that practitioner as to his 00ndition, then, in the event of no agreement being come to I between the Insurance Commissioner and the worker as to the worker's i·condition or fitness for employment, on application being made by .either party to the clerk of petty sessions and in either case on payment by the applicant of such fee as may be fixed, not exceeding the limit prescribed by the regulations, the clerk of petty sessions 'shall refer the matter to a medical referee. Such medical referee shall, in accordance '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 I the matter so certified. . If a worker, on being required so to do, refuses to submit himself I-for examination by such medical referee, or in any way obstructs the I-same, his right to compensation and to take or prosecute any pro- I·ceeding under this Act in relation to compensation, or in the case of i.a worker in receipt of a weekly payment his right to that weekly payment, shall be suspended until such examination has taken place. I The regulations may prescribe the manner in which documents i·are to be furnished or served and applications made under this para- graph, and the forms to be used for those purposes, and as to the fee to be paid under this clause. ! 14. A medical referee who has been employed as a medical praC-Whomayact !,titioner in connection with any particular case by or on behalf of a as medical worker or by the Insurance Commissioner shall not act as medical referee. Il"eferee in that case.

6944 LABOUR. Workers'CompensationAct. 6 GEO. V. No. 35, To whom 15. In case of death, the payment shall be made to the legal paym~ nt personal representative of the worker, or, if he has no legal personal rr:age ~~ case representative, to or for the benefit of his dependants, or, if he leaves. Va. ~ ~ 14 no dependants, to the person to whom the expenses are due; and, if No. 2496, made to the legal personal representative, shall be paid by him to or Sch. I. 5. for the benefit of the dependants or other persons entitled thereto. under this Act. Investment 16. The sum allotted as compensation to a dependant may be of com- invested or otherwise applied for the benefit of the person entitled pensation. thereto as agreed, or, in default of agreement, as ordered by an industrial referee upon the request of the Insurance Commissioner. Misconduct of worker. • 17. Where it appears to an industrial referee upon a reference by the Insurance Commissioner that a worker to whom any sum is. payable under this Act ought, on account of drunkenness, neglect of wife or children or other relatives, or other sufficient misconduct Oll! his part, to be deprived of the whole 'or any part of any such sum or that the terms on which, or the manner in which, any such sum is payable to him ought to be varied, such referee may order such deprivation or variation, and may, on application being made ill! accordance with the regulations, make such further order for the pay- ment of the sum of which the worker has been deprived, to or for the benefit of any member or members of his family, as in the- circumstances of the case he thinks just. Remarriage or misconduct of widow. Va.1914, No. 2496, Sch. I. 9. 18. Where it appears to an industrial referee upon a reference by the Insurance Commissioner that a widow to whom any sum is pay- able under this Act, whether by way of an annuity or as instalments. 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 such sums, or that the terms on which, or the manner in which, any such sums. are payable to the widow ought to be varied, such referee may order such deprivation or variation, and may, on application being made in accordance with the regulations, make such further order, for the payment of the sums of which the widow has been deprived, to or for the benefit of other dependants, as in the circumstances of the case he thinks just Payment of 19. The liability for weekly payments of compensation may at lump sum. any time be redeemed by the payment of a lump sum to be agreed on V N Sca o h. . . 12194.191466, , . tboy btehefixweodrkbeyr aanndintdhuestIrnisaul rraenfceereeCaomt tmhiessrieoqneure,sot ro, ffeaiitlihnegr aogf rteheemme.nt. Such lump sum may by agreement or by order of such referee be invested or otherwise applied for the benefit of the person entitled thereto. Any such lump sum may, within twelve months after it has been agreed on or fixed, be reviewed by an industrial referee at the request of either the Insurance Commissioner or of the worker, and on such review may be diminished or increased subject to the maximum herein prescribed. . Payments to minors. 20. When payment of any moneys under this Act is made to any person under twenty-one years of age, whether such person claims as a worker, dependant, or legal personal representative, the receipt of such person I therefor shall be a good and valid discharge in law; and such person (notwithstanding minority) may agree with the Ingurance Commissioner upon the amount of compensation payable.

LABOUR. 6945 1916. Workers' Compensation .Act. 21. Where under this Act a right to compensation is suspended, Suspension ~ o compensation shall be payable in respect of the period of suspen- ~ a~ 1~ 7: . nt. 1 1On• No. 2496, Sch.1. 18. 22. If a worker receiving a weekly payment ceases to reside in the Worker Commonwealth or New Zealand he shall thereupon cease to be cea: sin~ to entitled to receive any weekly payment, rcesIde In ommon- I But if he proves that the incapacity resulting from the injury ~eali~i4 ~ s of a permanent nature he shall be entitled to a lump sum not N~ ' 2496' ~ xceeding one hundred and fifty-six times the amount of weekly Sch. 1. 17. payment less all payments theretofore paid. Any que.stion arising under this clause shall, in default of agree- ment, be determined by an industrial referee at thfi' request of the jOrker or the Insurance Commissioner. .•......,... . i 23. (1.) If, within the time limited by this Act for making appli- When action cation for compensation, an action is brought to recover damages ; rong~ y . independently of this Act for injury caused by any accident, and it d: ~ ~ ~ d~ ~ ~ iy is determined in such action that the injury is one for which the of Act. f· ymployer is not liable in such action, but that there is a liability to 5 Edw. VII. ay compensation under this Act, the action shall be dismissed. : ~ . 2~ ' 9~ " t: · I But the adjudicating court shall, unless the plaintiff objects, No. 1053, proceed to assess such compensation, and shall, unless good cause to ~ 6 i~ i4 the contrary is shown, deduct from such compensation all the costs N~ : 2496' which in its opinion have been caused by the plaintiff bringing such s. 12. ' action instead of making an application under this Act, and shall ~ nter judgment accordingly. I i In any proceeding under this subclause when the court assesses the compensation, it shall give a certificate for the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall be binding upon the Insurance Com- missioner, and the compensation so awarded shall be payable out of jhe State Insurance Fund. • I (2.) Subject to this Act, if it is determined in any proceedings under this Act that the injury is one for which compensation is not payable under this Act, such determination shall not prevent an action being brought in respect of such injury independently of this Act, and the court in which such action is tried may deduct from any damages 4warded by such court all or part of the costs which, in its opinion, ~ . ave been caused by the plaintiff having brought the unsuccessful lroceedings under this Act. . • 24. When the injury for which compensation is payable by the Recovery of Insurance Commissioner under this Act was caused under circum- damages < ~ n t f! a a n m c a e g s escr I . e n arteinspgeacltsot h eareleogfa- l liability in some other person to pay sf 5 rtro E ma d g w ne . r. VII, I (L) The worker may both take prilceedings against that person ~ Z· ; gi~ · 8. I to recover damages and may apply for compensation under No: 2496: this Act, but is not entitled to recover both damages and s. 16. compensation: and

6946 LABOUR. Workers' Oompensation Act. 6 GEO. V. No. 35, 1916. (ii.) If the worker has recov~ red compensation under this Act, the Insurance Commissioner shall be entitled to be indem- nified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by action or, if the parties consent, by an industrial referee under this Act. Contraoting 25. Where any person (herein called the" principal ") contracts or s~ b- t' with any other person (herein called the "contractor") for the vfi. ~o~J:: execution of any work by or under the contractor, and the contractor No. 26, s. 10. employs any worker thereon, the following provisions shall apply : - (i.) Both the principal and the contractor shall be deemed to be employers of the worker. . (ii.) 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 expression "contractor" shall extend to and include not only the original contractor, but also each sub-eontractor. (iii.) The regulations may declare the conditions under which any right of indemnity shall exist and be enforceabl~ by and between any of the aforesaid persons, and may also prescribe. the person or persons against whom the Insurance Commissioner is entitled to recover any penalty or any moneys under the circumstances aforesaid. Com· . pensE,tion not assignable. Va. 1914, No. 2496, 26. No money paid or payable in respect of compensation under this Act shall be capable of being assigned, charged, taken in execution, or attached, nor shall the same pass to any other person by operation of law, or otherwise howsoever. nor shall any claim be set off against the same. s.9. Malingering 27. Any person who attempts by malingering to ·obtain any an offence. benefit under this Act shall be liable to a penalty not exceeding NVoa.. 12941946, . twenty pounds or two months' imprisonment. Meaning of 28. Where in this Act any reference is made to a clerk of petty term "clerk sessions, then, unless the contrary intention appears, the clerk of petty soVefasp.sie1ot9nty1s. 4", sthesesiocnlesrkrefoefrrepdetttoyshsaelsls, iosunsbjeocft ttohethdeisretrgiucltatiinonws, hbicehtatkheen taoccmideeannt No. 2496, happened, without prejudice to any transfer in manner provided Sch. lI. 8. by the regulations: PrOVIded that the Go~ ernor in Council may appoint any State officer to carry out, within a prescribed locality, the powers and duties assigned by thiti Act to a clerk of petty sessions, and in that case mch officer !<hall be deemed to be the clerk of petty sessions of the district within the meaning and for the purposes of this Act.