Workers' Compensation Acts Amendment Act of 1918 (9 Geo v No. 21) (Qld)

8516 LABOUR. Workers' Compensation Acts Amendment Act. 9 GEO. V. No. 21, ---- ~ .- . . . . - ~ - - - (2.) ORDER FOR PAYMENT OF AMOUNT DUE TO WORKER. In the Court, District. Between A. B., plaintiff, and C. D., defendant. To [name of employer], of . The above-named plaintiff having on the day of ,19. obtained a judgment in this court against the above-named defendant for the sum of £ for wages, you are hereby ordered, under n. Part of "The Wages Act ot 1918," to pay to the plaintiff the afore- said amount out of any moneys now due or from time to time becoming due from you to the defendant. Dated this day of • 19 . [Seal of Court.] Clerk of Petty Sessions [or Registrar]. (3.) REOEIPT TO BE GIVEN 'BY WORKER ON PAYMENT OF HIS CLAIM. I hereby acknowledge that the sum of £ , due to me by [name of contractor], for which I obtained judgment in the Court n. at on the day of , 19 , under Part of " The Wages Act 01 1918," has been fully paid by [name of person paying-:-i.e., contractor or emp'loyer]. Dated this day of , 19 A.B [Worker]. 9NGoe.o 2 . 1 V . . An Act to Amend the Workers' Compensation Acts THE in certain specified particulars, and to extend WORKERS' COMPENSA- the operation of "The Workers' Compensation TION ACTS AMENDMENT Act Amendment Act of 1916" by repealing ACT OF 1918. all provisions limiting the duration of the said Act, and for other consequential·purposes. [ASSENTED '1'0 23RD l.\OYEMBER, 1918.J 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:- Short title 1. This Act may be cited as " The Workers' Com- : ~ ! truct. ion pensation Acts Amendment Act of 1918," and shall be of Act. read as one with *"The Workers'CompensationAct of 1916," herein referred to as the Principal Act. The * 6 Geo. V. No. 35 and 7 Geo. V. No. 26, reprinted as amended by this Act, infra, Appendix E, page 8745.

LABd>UR. 8517 1918. Workers' Oompensati 'Acts Amendment Act. Principal Act and "The. Workers' Oompensation Act Amendment Act of 1916" ,and this Act may together be cited as " The Workers' Oompensation Acts, 1916 to 1!)18." 2~ The following' amendments are m~ de in section Amendment. three of the Principal Act :_ of s. 3. {i.) After the definition of "Government Depart- . ment" the following definition is inserted:- "Industrial magistrate "-An industrial magistrate Ind~ trial , appointed under *" The Industrial Arbitration maglBtrate. Act of 1916." (ii.) Before the definition of "Place of employment" the following definition is inseIted:- " ~ erson" includes bodies corporate or 'Unin- Person. corporate as well as individuals. (iii.) After the definition of" Port" the following definition is inserted :- " Prescribed "-Prescribed by this Act. Prescribed. (iv.) After the definition of "This Act" the following definition is inserted: ~ "Uninsured worker "-A worker who is not in- Uninsured sured or deemed to be insured by a policy. worker. (V.) In the definition of "Worker," after the word Worker. "apprenticeship" the words" or otherwise" are inserted.. The following paragraph is added to the said definition :-. . , . or (f) A salesman, canvasser, collector, or any person in receipt of commission. (vi.) Subsection tW0 is :repealed, and the following subsection is inserted in lieu t,hereof :- (2.) Where a contract to perform any work exceeding five pounds in v~ lue (not being work incidental to a trade or business regularly carried on by the contra-ctor in his oWn name or under a firm name) is made with a contractor who-· (a) Neither sublets the contract nor employs wages-men; or (b) Though employing wages-men, actually . performs any part of the work himself, such contractor and also such wages-men so employed sha,ll for the purposes of this Act be deemed to be workers employed by the person who made such contract with such contractor: * 7 Geo. V. No. 16, supra, page 7538.

8518 LABOUR. Workers' Compensation Acts Amendment Act. 9 GEO. V. No. 21, Provided that such contractor and wages-men shall be deemed to be covered by the subsisting policy held by the person who made such contract: Provided further that this subsection shall not apply to salesmen, canva·ssers, collectors, or any person in receipt of commission. (vii.) The following subsection is inserted after sub- section three:- [3A. ] Any jockey engaged in any horse or pony race run under the management of any racing club or association shall for the purposes of this Act be deemed to be a. worker employed by such club or association. oAfms. en 4. dment Act 3 is . Sreupbesaelcetdio, n afnivde soufbsseeccttiioonn fsoixur isofrethneumPbreinrecidpa5l accordingly. Amendment 4. In section thirteen of the Principal Act the word of s. 13. "referee" wherever it occurs is repealed, and the word " magistrate" is inserted in lieu thereof. Amendment 5. The follOWing amendments are made in subsection of s. 14. one of section fourteen of the Principal Act : - (i.) In the first· proviso of provision B, the word "referee" is repealed and the word "magistrate" is in- serted in lieu thereof. (ii.) In the second proviso of provision B, after the words" one pound," the words" unless SU9h worker was at the date of the accident in receipt of the Common- wealth old age pension or invalidity allowance, in which case the amount payable shall be ten shillings per week" are inserted. (iii.) The following provision is added to the sub- section :- (C.) (a ) Notwithstanding the foregoing provisions, the compensation payable for the injuries mentioned in the first column of the table hereunder set forth shall be the amounts indicated in the second column of that table. (b) Nothing in the said table shall limit the amount of compensation payable for any such injury during any period of total incapacity resulting from that injury, but any sum so paid shall be deducted from the compensa- tion payable in accordance with the said table.

LABOUR. 8519 1918. Workers' Compensation Acts Amendment Act. (c) Clause nineteen of the Schedule to this Act shall not apply to any payment made under this provision: Provided that any such payment may, by agreement or by order of an industrial magistrate, be invested or other· wise applied for the benefit of· the person entitled thereto. (d) For the purposes of this provision, an eye or foot or other member shall be deemed to be lost if it is rendered permanently and wholly useless. (e) Where a worker suffers by the same accident more than one of the injuries mentioned in the said table, he shall not be entitled in any case to receive more than sevenJ;lundred and fifty pounds. Table. Nature of Injury. Amount Payable. £ 8. d. Loss of both eyes Loss of an only eye 750 o 0 750 o 0 Loss of both hands Loss of both feet Loss of a hand and a foot 750 0'0 .. I 750 o 0 750 o 0 Total and incurable loss of mental powers involving inability to work.. 750 0 0 Total and incurable paralysis of the limbs or of mental powers 750 0 0 Total loss of the right arm or of the greater part of the arm 600 0 0 Total loss of the left arm or of the greater part of the arm 562 10 0 Total loss of the right hand or of five fingers of the right hand or of the lower part of the right arm 525 0 0 Total loss of the same for the left hand and arm 487 10 0 Total loss of a leg 562 10 0 Total loss of a foot or the lower part of the leg .. 450 0 0 Total loss of the sight of one eye, together with the ot serious diminution of the sight the other eye 562 10 0 Total loss of hearing .. 375 0 0 Complete deafness of one ear 75 0 0 Total loss of the sight of one eye .. 300 0 0 Total loss of the thumb of the right hand 225 0 0 Total loss of the thumb of the left hand .. 187 10 0 Total loss of the forefinger of the right hand 150 0 0 Tot~ l loss of the forefinger of the left hand 11210 0 Total loss of a joint of the thumb .. ,112 10 0 Total loss of the little finger of the hand .. 90 0 0 Total loss of the middle or ring finger of the hand 60 0 0 Total loss of the great toe of either foot .. 150 0 0 Total loss of a joint of the great toe of either foot 75 0 0 Total loss of any other toe or of a joint of a finger .37 10 0 - •

• 8520 LABOUR. Workers' Compensation Acts Amendment Act. 9 GEO. V. No. 21, The Governor in Council may from time to time, by Order in Council published in the Gazette, add to this table by assigning specified amounts of compensation respectively payable for specified additional injuries; and the table in force for the time being as so added to shall be deemed to be the table referred to in this provision. Amendment 6. The table of industrial diseases contained in sec- of 8. 14A. tion 14A of the Principal Act is repealed, and the following table is inserted in lieu thereof:- Table of Industrial Diseases. Description of Disease. Description of Employmen~ . Arsenic, phosphorus, lead, Any employment involving the use or mercury, copper, zinc, handling of arsenic, phosphorus, lead, or other mineral poison- mercury, copper,zinc, or other mineral ing and theiI: sequelre or their preparations or compounds. Anthrax .. .. I Wool-combing; wool-sorting; handling of hides, skins, wool, hair, bristles, or carcasses. Septic poisoning .. Any work involving the handling of meat or the manufacture of meat products or I animal by-products. Amendment 7. The following amendments are made in secti9n of 8.14B. 14B of the Principal Act, and to that extent this Act shall have retrospective operation:- (i.) In subsection one, all words from the beginning of the subsection to and including paragraph (b) thereof are repealed, and the following provisions are inserted in lieu thereof :- Subject to this Act, where a worker has, on or after the first day of January, one thousand nine hundred and sixteen, been employed in Queensland in any employ- ment mentioned in the second column of the table of mining diseases hereunder set forth and such worker at the ~ te of death or incapacity- (a) Has been continuously resident in Queensland during the five years immediately preceding the date of death or incapacity, and has been employed in any employment as aforesaid for not less than three hundred days during such period of five years; or

LABOUR. 1918. Workers' Oompensation Acts Amendment Act. (b) Has been resident in Queensland for not less than five years out of the seven years immedi- ately preceding the date of death or incapacity, and has been employed in any employment as aforesaid for not less than five hundred days during such period of seven years; (ii.) After the words "section fourteen of this Act" the words "provided that any amount already paid to or for the benefit of such worker or to or for the benefit ()f his wife or children, and whether by the Insurance Commissioner or by the Home Department, shall be deducted from the total amount payable as compensation under this Act" are inserted. (iii.) To the table of mining ·di.seases, under the heading "Description of Disease," the following further descriptions of disease are added:- Miners' itch. Copper itch.. Dermatitis caused by working in mineralised or acid water. Caisson disease. (iv.) After subsection three, the following subsection is inserted:- . [3.A..] Subject to paragraphs (a) and (b) of subsection one hereof, where a medical practitioner certifies that a worker is suffering' from silicosis of the lungs, miners' phthisis, or pn.eumoconiosis, and his certificate is confirmed by a medical referee- (a) In case of death, after holding a post-mortem examination of the deceased; (b) In case of incapacity, after a personal examina- tion of the applicant and microscopical and bacteriological examination.s of his sputum; compensation shaU be payable in accordance with this section. (v.) Subsection six is repealed, and the following subsection is inserted in lieu thereof : - . (6.) Subject to the n~ xt succeeding provision, pay- ments of compensation under this section shall be made out of the Fund: Provided that during the period of five years com- meneing the first day of July, one thousand nine 8521

8522 LABOUR. Workers' Compensation Acts Amendment. 9 GEO. V. No. 21, 1918. hundred and eighteen, an amount in each year equal to one-third of the total cost of compensation under this section in respect of claims ari"iing 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 ordinary Workers' Compensation Account of the Fund in aid of the Miners' Phthisis Account of the Fund. But the total amount so to be paid out of the ordinary Workers' Compensation Account of the Fund in each of the years 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, unles3 the Governor in Council in respect of any such year directs that a larger amount than ten thousand pounds or five thousand pounds, as the case may be, shall be so paid and borne. (vi.) The following words are added to subsection seven, that is to say :-" after crediting the Miners' Phthisis Account of the Fund with the amount c.on- tributed thereto, during the years mentioned in the last preceding sll;bsection hereof" out of the ordinary Workers' Compensation Account of the Fund as provided by the said s:ubsection." (vii.) Subsections eight and nine are repealed, and the following subsection is inserted in lieu of the said sub- section eight :- (8.) A worker coming to Queensland on· or after the first day of October, one thousand nine hundre.d and eighteen, shall not be entitled to benefit under this section of this Act until he has lodged with the Insurance Commissioner a certificate from a medical referee appointed under this Act certifying him to be free from pulmonary tuberculosis and from all the diseases mentioned in the first column of the above table. Amendment 8. In subsection three of section twenty of the of s.20. Principal Act, after the word" regulations," wherever it occurs, the words" or Orders in Council" are inserted. Amendment 9. The followllig amendments are made in the of Schedule. Schedule to the Principal Act :- (i.) In subclause one of clause three, after the word,. "shall" the word" in" is repealed and the words " not later than" a.re inserted in lieu thereof; also the

LABOUR.-LAND, CROWN, 8523 . 9 GEO. V. No. 8,1918. Land Acts Amendment Act. word" August" is repealed and the word" October" is inserted in lieu thereof; also the word "Treasurer" is repealed and the words "Attorney-G.eneral or Minister of Justice" are inserted in lieu thereof. (ii.) After, clause three the following clause is inserted:- [3A.] Every member of the staff of the Insurance Commissioner shall be bound to secrecy by declaration in the prescribed form. (iii.) Clauses nine and ten are repealed. (iv.) In clause eleven the word" referee" is repealed and the word" magistrate" is inserted in lien thereof. (v.) In olauses sixteen, (feventeen, eighteen, nine- teen, and twenty-two the word "referee" wherever it occurs is repealed, and the word "magistrate" is in- serted in lieu thereof. 10. The following amendments are made in *" The Amendment . Workers' Oompensation Act Amendment Act of 1916":- ~ o~ ~ : . o. v. (a) 'In the title, the words" for a period of two years from the 1st day of July, 1917," are repealed. (b.) Section four is repealed. And the Principal Act shall be construed accordingly. ", LAND, CROWN. An Act to Amend "The Land Act of 1910," "The 9 Geo. v. D~ scharged Soldiers' Settlement Act of 1917," N; ~ . and "The Closer Settlement Act Amendment l; : : : D! ~ : r Act of 1917 " in certain particulars. AOT OF 1918. [ASSENTED TO 23RD OCTOBER, 1918.] B E it enacted by the King's Most Excellent Majesty, . b y 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 Land Acts Am~ nd- Short title. ment Act of 1918." * 7 Geo. V. No. 26, 8upra, page 7597. 'F . "r '.