Workers' Compensation Acts Amendment Act of 1935 (26 Geo v No. 26) (Qld)

LABOUR. 15~77 26 GEO. V. No. 26,1935. Worker8' Compen8ation Act8 Amendment Act. Provided that the provision relating to an increased penalty for a second or subsequent offence shall not apply in any case where a period of more than twelve months has. elapsed between the commission of such second or subsequent offence and the commission of the last previous offence for which he has been convicted. " 6. After section sixty-three of the Principal Act the News. 63A. following new section 63A is inserted, namely:- " [63A.] Notwithstanding anything in any Act to Minimum the contrary, where any person is convicted of an offence penalty. against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty." An Act to Amend "The Workers' Compensation 2~ Ge26V Acts, 1916 to 1934," in certain particulars. ~ E • WORKERS' [A SSENTED TO 5 TH D ECEMBER, 1 935. ] COMPAEONTSSATION AMENDMENT B E it enacted by the King's Most Excellent Majesty, AOT OF 1935. by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Workers' Short title * b O e om re p a e d ns a a s tio o n ne A W ct . I s t h Am" Tenhd e mWenotrkAecrst ' o 0 f o 1 m 9 p 3 e 5 n ," sa a tw . nd n A sh c a ts ll , caonndstructI.On. 1916 to 1934," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Workers' Oompensation Acts, 1916 to 1935." Amendments of the Principal Act. 2. Subsection one of section fourteen of the Amendment Principal Act is amended, as follows :- of s. 14. (i.) The paragraph in provision (B), commencing with the words " A weekly payment" and ending with the words " fifty pounds," is amended by the insertion . therein, after the words "employment of the same employer," of the following words, namely :-" provided * 6 Geo. V. No. 35 and amending Acts, supra, pages 9871 et seq. Bee Alphabetical Table.

15478 LABOUR. Workers' Compensation Acts Amendment Act. 26 Goo. V. No. 26, that where an adult worker is working in an industry governed by an award or an industrial agreement his average weekly earnings shall be deemed to be not less than the basic wage (as hereinafter defined). " (ii.) The paragraph in the said provision (B), commencing with the words " The total weekly amount payable" and ending with the words" seven hundred and fifty pounds in all," is repealed, and the following new paragraph is inserted in lieu thereof, namely :- " The total weekly amount .payable under para- graph (B) of this section to the injured worker shall not exceed a sum per week equivalent to the weekly wages of the worker at the date of the accident or the said basic wage, whichever is the smaller amount, provided that where he is working in an industry governed by an award or an industrial agree- ment, or is employed as an intermittent relief worker, the said total weekly amount payable shall not exceed the said basic wage in the aggregate or the sum of seven hundred and fifty pounds in all." (iii.) In the last paragraph in the said provision (B), being the paragraph commencing with the words "For the purposes" and ending with the words "in Brisbane," all words and brackets, commencing with the words "whether so" and ending with the word and bracket" Arbitration)" are repealed and the following words and brackets are inserted in lieu thereof, namely :- " whether so declared by the Industrial Court constituted under the provisions of *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1935 " (or any Act amending or in substitution for the same, or by any Board or Court or other tribunal which may be appointed in lieu of the said Industrial Court)." (iv.) Paragraphs (a), (b), (c), (d), and (e), occurring before the table in provision (C), are repealed, and the following new paragraphs (a), (b), (c), (d), (e), and (f) are inserted in lieu thereof, namely:- " (a) Notwithstanding the foregoing provisions, the compensation payable for the injuries mentioned in the ... 23 Geo. V. No. 36 and amending Acts, supra, pages 14266 et seq.

LABOUR. ]5479 1935. Workers' Compensation Acts Amendment Act. first column of the table hereunder set forth shall be the amounts indicated in the second column of that table. (b) For the purposes of the said table, an eye or foot or other member shall be deemed to be lost if it is rendered permanently and wholly useless. (c) For the purposes of the said table, the expression "loss of" also includes the "permanent loss of the efficient use of," but in such case a percentage of the prescribed amount payable, equal to the percentage of the diminution of its full efficient use, shall be awarded in lieu of the full amount. (d) 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 by way of compensation weekly or otherwise shall be deducted from the compensation payable in accordance with the said table. (e) 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 otherwise applied for the benefit of the person entitled thereto. (f) 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 seven hundred and fifty pounds." (v.) The table in the said provision (C) is amended by repealing the words" Total loss," wherever they occur in the column headed "Nature of Injury," and by inserting in each case the word "Loss" in lieu thereof. 3. Section 14A of the Principal Act is amended by Amendment repealing the words " or other zymotic disease" in the of s. 14A. column headed " Description of Disease" in the Table of Industrial Diseases, and by inserting in lieu thereof the words " or other infectious or contagious disease." 4. (1.) Section 14B of the Principal Act is amended, Amendment as follows ;_ of s. 14B. (i.) In subsection one of the said section, all words commencing with the words" but the amount of compen- sation" and ending with the words "two hundred

15480 LABOUR. Workers' Compensation Acts Amendment Act. 26 GEO. V. No. 26, 1935. pounds in all," are repealed and the following words are inserted in lieu thereof, namely :-" but the weekly sum payable shall be one-half the amount calculated in accordance with subsection two of this section in lieu of the amount set forth in section fourteen of this· Act, and the total amount payable shall not exceed twenty- five shillings per week or the sum of three hundred pounds in all." (ii.) In subsection two of the said section the words "four hundred and fifty pounds," occurring in the proviso to provision (A), are repealed and the words "five hundred and fifty pounds" are inserted in lieu thereof; also in the proviso to provision (B) of the said subsection the words " four hundred and fifty pounds" are repealed and the words "five hundred and fifty pounds " are inserted in lieu thereof. (iii.) Subsection 3A of the said section is amended by repealing the words, letters, and brackets, "paragraphs (a) and (b) of subsection one hereof"; and by inserting in lieu thereof the words, letters, and brackets " para- graphs (a) and (b) or (e) and (f) of subsection one hereof, as the case may be, being applicable"; also by repealing paragraph (b) of the said subsection and by inserting the following new paragraph in lieu thereof, namely:- " (b) In case of incapacity after a personal examination, physical and radiological, of the applicant and microscopical and bacterio- logical examinations of his sputum."