Workers' Compensation Acts Amendment Act of 1921 (12 Geo v No. 29) (Qld)

9730 LABOUR. Workers' Compensation Acts Amendment Act. 12 GEO. V. No. 29, 12 Geo. V. An Act to Amend "The Workers' Compensation I No. 29. THE Acts, 1916 to 1918," in certain particulars. WORKERS' CO:r~ iPENSA­ TION ACTS [ASSENTED TO 14TH NOVEMBER, 1921.] BE AMENDMENT ACT OF 1921. 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 I Parliament assembled, and by the authority of the same~ , as follows .:- f1hort titl~ , 1. (1.) This Act may be cited as " The Workers" ~ ~ l~ st1' UctJOn, Compensation Acts Amendment Act of 1921," and shall commence- be read as one with *" The Workers' Compensation Acts,. ~ ~ el~ t. 1916 to 1918," herein collectively referred to as the: Principal Act. (2.) This Act shall come into operation on a day' to be fixed by a proclamation of the Governor in Council published in the Gazette. Amendment 2. The following amendments are made in section of E. 3. three of the Principal Act:- (i.) The definition of " Insurer" is repealed. Policy. (ii.) After the definition of "Place of employment n , the following definition is inserted :- " "Policy"-A State accident insurance policy' issued by the Insumnoe Commissioner under' this Act." (iii.) In paragraph (a) of the definition of " worker," the words "remuneration exceeds four hundred pounds' a year" are repealed and the words" rate of remuneration at the time of the accident from which the injury arises exceeds ten pounds per week" are inserted in lieu thereof. Paragraph (f) of the said definition is repealed. (iv.) The second proviso to subsection two contained in the last paragraph thereof is repe~led. (v.) In subsection 3A, after the word" engaged" the words "to ride for fee or reward" are inserted; * 6 Geo. V. No. 35 and amending Acts, printed as amended by this Act, infra, Appendix O.

LABOUR. 9731 1921. Workers' Compensation Acts Amendment Act. (vi.) After subsection 3A the following subsections are inserted:- "(3B.) Every share-farmer and every wages-man employed by any share-farmer shall, for the purposes of this Act, be deemed to bea worker employed by the owner of the farm. (Bc.) A salesman, canvasser,·collector, or person paid Y\' holly or partly by commission shall, for the purposes of this Act, be deemed to be a worker in the employment of the person by whoI1;l such commission is payable, unless it is shown that such commission is received by such salesman, canVasser, collector, or person for or in connection with work incidental to a trade or business regularly carried on by him in his own name or by a firm whereof he is a member in the firm name." 3. In the second paragraph of subsection one of Amendment section four of the Principal Act, after the word "other- of s. 4. wise" the words "including the insurance of farmers, prospectors, gougers, or any other class of persons, whether employees or not, who may desire insurance," are inserted; also, after the words "extended policies" the words "The Insurance Commissioner shall, as far as practicable, provide the same benefits for all persons insured under such extended policies as are provided in the case of workers, and at the same rates of premium." Ll. Subsection one of section six of the Principal Act Amendment is repealed and the following provision is inserted in lieu of s. 6. thereof :- " {1.) Policies of accident insurance shall be issued only by the Insurance Commissioner and by no other person, company, firm, or association. Every such policy so issued by the Insurance Commissioner shall be issued on behalf of and is hereby guaranteed by the Government of Queensland." 5. Section seven of the Principal Act is ;repealed. Repeal of s. 7. 6. Section eight of the Principal Act is repealed and Amendment the following section is inserted in lieu thereof :_ of s. 8. " [8.] (1.) Every employer who is not the holder of a Emplo)'ers pol~ cy shall, immediately after the coming into operation ~ ~ ~ ~ ~ ~ : n of ' The Workers' Compensation Acts Amendment Act 0/ . 1921" or immediately after he has commenced to employ workers, make application in the prescribed form to the Insurance Commissioner for a policy for the full amount of the liability to pay compensation under 'this Act to

9732 LABOUR. Workers' Oompensation Acts Amendment Act. 12 GEO. V. No. 29, all workers employed by him, and every employer having obtained a policy shall, so long as he continues to be an employer, duly maintain such policy in force by making the prescribed return in relation to his workers and by payment of the prescribed premium at the time and in the manner prescribed. (2.) Every employer who fails to comply with this section shall be liable to a penalty not exceeding one hundred pounds, and after the date of conviction of any such failure to comply he shall from time to time be liable to further penalties not exceeding twenty pounds for every week during which he continues to make default in compliance with this section. . (3.) Moreover, upon the payment of any compen- sation by the Insurance Commissioner under this Act in respect of an injury to a worker E/mployed by any person who has failed to comply with this section, the full amount of compensation so paid may be recovered by the Insurance Commissioner from such person in manner hereinJ1fter provided. Payment of the prescribed premium by such person at any time subsequent to the accident causing such injury shall not limit or affect such right of recovery by the Insurance Commissioner against such person. (4.) The Insurance Commissioner may, if he thinks fit, declare by notification in the Gazette that it shall be. obli~ atory for every emp]oyer to insure all persons whose' employment is of a casual nature, whether the employ-. ment is for the purposes of the employer's trade or' business or not." Amendment 7. (1.) The second paragraph of subsection two of of s. 13 (2). section thirteen of the Principal Act is repealed and. the following provision is inserted in lieu thereof :- " Such appeal shall be made to the Court of Industrial Arbitration constituted under *" The I ndusirial Arbitration! Act 0/ 1916"; the place for hearing and all proceedings on such appeal shall be as prescribed by Rules of Court under the said last-mentioned Act." Consequ'en. (2.) Wherever in the Principal Act or in any tial Regulations thereunder reference is made to the Supreme references. Court, such reference shall be deemed to be made to the 11< 7 Geo. V. No. 16, 8U1Jra, page 7538.

LABOUR. 9733 1921. . Worker8' Compen8ation Act8 Amendment Act. - ~ - - - - - - - - - - - - - - - - - - - - -- .. _ - . - - - - - - - ----._- - - - - - - - - - ------- said Court of Industrial Arbitration, and this Act and such Regulations shall be construed accordingly. 8. The following amendments are made in para- Amendment graph (B) of subsection one of section fourteen of the of s. 14. Principal Act ;- (i.) After the fir~ t proviso the following additional proviso is inserted ;- "Provided also that in no case shall a worker who is the sole or main support of a wife, husband,. parent, brother, or sister receive during total incapacity a less sum per week than two pounds." (ii.) In the second proviso, after the words" such worker" the words "(not being a worker who is the sole or main support of a wife, husband, parent, brother, or sister)" are inserted. (iii.) After the second proviso the following provisions are inserted;- "For each child under fourteen years of age, and totally or mainly dependent upon the earnings of the injured worker at the date of the acci- dent, the sum of five shillings per week shall be payable during the disablement of the worker, or until a lump sum settlement has been made with the worker in respect of the a,ccident, or until the age of fourteen is reached, whichever first occurs; provided that the total amount payable in respect of all such children shall not· exceed thirty shillings per week. The total amount payable under paragraph (B) of this section to the injured worker shall not exceed three pounds ten shillings per week in the aggregate or the sum of seven hundred and f;ifty pounds in all." 9. Section 14A of the Principal Act is amended by Amendment adding, in the column headed "Description of Disease" of s. 14A. of the Table of Industrial Diseases therein set forth, the words- " Asiatic cholera, bubonic plague, diphtheria, measles, mumps, scarlet fever, smallpox, tetanus, typhoid fever, or other zymotic disease"

9i34 LABOUR. Workers' Compensation Acts Amendment Act. 12 GEO. V. No. 29, and by inserting, in the column headed " Description of Employment" of the said table, opposite and relative to the words so added as last aforesaid, the words- " Any employment at, in, about, or in connE'ction with any hospital or ambulance brigade." Amendment 10. Section 14B of the Principal Act is amended as <If S. 14B. follows : - (i.) The word "mining" is repealed wherever it occurs, except in the column headed "Description of Employment" in the table set forth in subsection one of the said section. (ii.) The proviso in subsection one next preceding the said table is repealed and the following provision is inserted in lieu thereof:- "Subjeot to this Act, where such worker has not been employed in Queensland in any employment men- tioned in the second column of the Table of Diseases hereunder set forth on or after the first day of January, one thousand nine hundred and sixteen, but has been .engaged in any such employment in Queensland prior to that date, and- (a) Has been continuously resident in Queensland during the five years immediately preceding the date of death or incapacity, and has been employed in Queensland in any employment as aforesaid for not less than three hundred days; or (b) Has been resident in Queensland for not less than five years out of the seven years immediately preceding the date of death or incapacity and has been employed in Queens": land in any employment as aforesaid for not less than five hundred days, and such worker- (c) Has died m consequence of any disease mentioned m the first column of the said table; or (d) Is suffering from any such disease and is thereby incapacitated from earning full wap-es at the work at which he was employed,- the worker or, in the case of his death on or after the first day of January, one thousand nine hundred and sixteen, his dependants shall be entitled to compensation as aforesaid; but the amount of compensation payable

LABOUR. 9735 1921. Workers' Compens~ tion Acts Amendment Act. to such worker shall be one-half the amount calculated in accordance with subsection two of this section in lieu of the amount set fortl;t in section fourteen of this Act, and' the total amount payable shall not exceed twenty-five shillings per week or the sum of two hundred pounds in all: Provided that in every case under this subsection .any amount already paid to or for the benefit of such worker, or to or for the benefit of his wife or children, by the Insurance Commissioner, shall be deducted from the total amount payable as compensation under this Act." (iii.) In the column headed" Description of Disease" in the said last-mentioned Table the following words are added:- " Bakers' phthisis Millers' phthisis" and ~ n the column headed" Description of Employment" in the said table, opposite and respectively relative to the words so added ·as last aforesaid, the words- " Baking Flour-milling" are respectively inserted. (iv.) The following subsection IS added to the section :- " (9.) The expression" worker," for the purposes of this section of this Act, shall at the discretion of the Insurance Commissioner in any particular case be deemed to include gougers and prospectors, although not employed by any person at or after the time of contracting the disease." . 11. Section nineteen of the Principal Act is repealed Amendment and the following section is inserted in lieu thereof :_ of s. 19. " [.19.] (1.) Complaints for offences or for sums due Jurisdiction under this Act shall be heard and determined by an of I~ dustri" l I n d .ustn ' a } l \ J I .a f g ' lStrate. Magistrate. Appeals from the decision of an Industrial Magis- . trate on any such complaint shall be made to the Court of Industrial Arbitration. The place for hearing and the proceedings on such complaints and appeals shall be prescribed by Rules of Court under *" The Industrial Arbitration Act of 1916." * 7 Geo. V. No. 16, supra, page 7538.

9736 LABOUR. Workers' Compensation Acts Amendment Act. 12 GEO. V. No. 29, (2.) All penalties recovered under this Act shall be paid into the Fund." 12. After section nineteen of the Principal Act the following sections are inserted :- Recovery of "[19A.J Every premium payable under this Act when accounts it becomes due a,nd payable, and every amount recover- due. able by the Insurance Commissioner by virtue of this Act in respect of compensation paid to an uninsured worker, shall be deemed to be a debt due to His Majesty and payable to the Insurance Commissioner, and shall be recoverable by complaint under this Act. Paym~nt of [19B.J Payment of penalties under this Act shall r: ~ : ~ ~ ~ ~ e net not relieve any person from liability to assessment and from payment of any premium, or from liability to pay any ~ 3: ~ ssments, amount for which he would otherwise be liable under this Act. Powers of [190.] For the purposes of this Act an Industrial ~ ~ ~ ; ~ ~ ~ ~ ~ ~ . Magistrate shall, in addition to the powers conferred upon him by this AI:Jt, have all the powers conferred upon him by *" The Ind1lstrial Arbitrat£on Act of 1916" and any Rules of Court and Regulations thereunder. ~ eciproc~ J [19D.] Notwithstanding any other Act, the Com- mformatlOn. ml . S • SlOner 0 faTxes app'Oln t e d un d er tleIawls lre a t' mg to State income tax may disclose to the Insurance Com- missioner any information in his possession or any facts of which he has knowledge relating to any matter arising under this Act; and notwithstanding anything contained in this Act the Insurance Commissioner may disclose to the Commissioner of Taxes as aforesaid any information in his possession or any facts of which he has knowledge relating to any matter arising under the said income tax laws." Amendment 13. The following amendments are made in section of s. 20. twenty of the Principal Act:- (1.) Paragraph (i.) of subsection two is repealed and the following paragraph is inserted in lieu thereof :- "U.) Fix and if necessary vary the rates of premium to be charged in connection with policies, and provide for the increase of such rates in any individual instance in which, owing to ·want of care on the part of the employer or * 7 Geo. V. No. lo, s!tpra, page 7538.

LABOUR. 1921. Worker8' Oompen8ation Act8 Amendment Act. for other reasons sufficient in the opinion of the Insurance Commissioner, the risk is greater than that usually involved in risks of a similar nature: Provided that the Insurance Commis- sioner may fix the premium in the case of any policy not pro vided for in the regulations." (2.) The following provisions, are added to the said subsection two :-. " (ix.) Prescribe forms of returns to be made and furnished to the Insurance Commissioner, and the .contents thereof, and the persons (whether or not employers in fact) by whom the same shall be made, and the time and mode of making and furnishing the same; (x.) Empower the Insurance Commissioner to make assessments of premiums payable by employers, and by persons liable to make returns, and by any persons whom the Insur- ance Commissioner believes to be employers, and to enforce the payment of assessments and to increase or reduce assessments; (xi.) Prescribe necessary a.nd convenient means of hearing and determining objections to assess- ments, and by whom the cost of such hearing and determination shall be paid, and means of appealing to the Court of Industrial Arbi- tration from such determination or in respect of any question arising in such hearing or determination; (xii.) Prescribe when and where a premium due under an assessment or an increased or reduced assessment shall be paid; (xiii.) Impose penalties not exceeding one hundred pounds for any breach of a regulation; (xiv.) Prescribe the mode of service of any process in legal proceedings or of any notice or other document for the purposes of this Act; (xv.) Declare that any certificate of the Insurance Commissioner or of his deputy, or any docu- ment, book, or register or any copy thereof or extract therefrom, shall in any legal pro- ceedings arising under this Act be prima facie or conclusive evidence that the contents 9737

9738 LABOUR.-LOANS, GOVERNMENT. Government Loan Act. 12 GEO. V. No. 5, thereof are true and correct, and that such certificate, document, book, or register has been duly made or compiled; (xvi.) Empower the Insurance Commissioner, or any officer authorised by him for the purposes of or in relation to any matter under this Act, to summon before him and examine any person on oath; (xvii.) Provide for the investment of compensation payable to minors and other persons under disability." (3.) In the said subsection two the words "The Regulations may impose a penalty not exceeding twenty pounds for any breach thereof" are repealed. LEGISLATIVE ASSEMBLY. See CONSTITUTION. LOANS, GOVERNMENT. Government Loan Act of 1921 .. 12 Geo. V. No. 5. Government Inscr'ibed Stock Act Amendment Act of 1921 .. 12 Geo. V. No. 10. 12NGoe.o. 5. V. An Act to l\uthorise the Raising of a Loan for the THE Public Service of the State and for other GOVERN- MENT purposes. LOAN ACT OF 1921. [ASSENTED TO 13TH OCTOBER, 1921.] W Preamble. HEREAS it is expedient to authorise the raising by way of Loan for the Public Service of the State of certain sums of money, amounting in all to Nine million one hundred and eighty-five thousand nine hundred and fifteen pounds; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- Short title. L This Act may be cited as "The Government Loan Act of 1921."