Workers' Compensation Acts Amendment Act of 1944 (9 Geo Vi No. 2) (Qld)

288 LABOUR. Workers' Cmnpensation Acts Amendment Act. 9 GEO. VI. No. 2, 9 g. ~~ · 2~ · An Act to Amend" The Workers' Compensation woi~ , COJlPBNSATION ACTS ~ ~ ~ NT Acts, 1916 to 1943," in certain particulars. [ASSENTED TO 14TH DECEMBER, 1944.] 19«. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the l,Jegis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- Short title 1. (I.) This Act may be cited as "The Workers' : ~ ! truction. Oompensation Acts Amendment Act of 1944," and shall be read as one with *" The Workers' Oompensation Acts, 1916 to 1943," herein collectively referred to as the Principal Act. Ctitolell.ective be ci (2 te .) d Tahs e"P T ri h n e cip W a o l r A ke c r t s' an O d om th p i e s n A sa c t t io m n a A y c c ts o , lle1c9t1iv6el to y 1944." Commence· (3.) tThe provisions of this Act, except where other- ment of Act. wise provided, shall take effect on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette: Provided that any necessary regulations may be made on the passing of this Act. Amendment 2. Section three of the Principal Act is amended, as of s. 3 (1). follows:- {Depend. ants.] (I.) Subsection one is amended as follows : - (a) In the definition of "Dependants" the word " accident" is repealed and the word "injury" is inserted in lieu thereof. New definition. " Injury." (b) A new definition is inserted after the definition of " Industrial Magistrate" as follows : - " " Injury "-means (without in any wise limiting the operation and scope of section nine of this Act) personal injury arising out of or in the course of employment and includes a disease which is contracted by the worker in the course of his employment, whether at or * 6 G. 5No. 35 and amending Acts, v. 4, pp. 834 et 8eq. t Act proclaimed as from 1st January, 1945, by Proclamation of 21st December, 1944. Gazette, 23rd December, 1944, p. 1243.

1944. LABOUR. Workers' Compensation Acts Amendment Act. 289 away from his place of employment, and to which the employment was a contributing factor, but does not include those diseases as specified in section 14B of this Act." (c) In the definition of " Place of employment" the [Place of word " accident" is repealed and the word "injury" is employ. m . serte d' III l m ' u t h ereo f . ment.] (d) In paragraph (a) ~ f the definition of "Worker" [Worker.] the words" six hundred and fifty" are repealed and the words" seven hundred and fifty" are inserted in lieu thereof. (2.) Subsection (3n) of the said section is amended Amendment by repealing the words" five hundred and twenty" and ofs. 3 (3Il). inserting in lieu thereof the words" seven hundred and fifty." (3.) Subsection five of the said section is amended Amendment by repealing the word " accident" occurring in OfB. 3 (5). paragraphs (c) and (d) respectively and by inserting the word" injury" in lieu thereof. (4.) The amendments made by paragraph (d) of Operation of :::.n3. s subsection one, and by subsection two of this section ceTtai~ t respectively to section three of the Principal Act shall be en deemed to have been made therein at midnight on the thirtieth day of June, one thousand nine hundred and forty-four, and shall have operation accordingly. 3 Section nine of the Principal Act is amended as Amendment follows :_ of s. 9. (a) In subsection one the words "is injured by [Liability to acc . id . ent" are repealed and the words "has received tcI?Omn. p]ensa- an illJury" are inserted in lieu thereof; also the words " by accident" are repealed. (b) Ih subsection two the words "by accident" wherever they occur in the said subsection, are repealed. 4. Section eleven of the Principal Act is amended Amendment by repealing the word " accident" where it twice occurs of B. 11. and by inserting the word " injury" in lieu thereof. 5 Section twelve of the Principal Act is amended Amendment by repealing the words" by accident." OfB.12. K

290 LABOUR. Workers' Oorrnpensation Acts Amendment Act. 9 GEO. VI. No. 2, Amendment 6. Section fourteen of the Principal Act is amended of s. 14. as follows : - Amend~ ~ nt (i.) Provision A of subsection one of the said section AofopfrsOuVblBs. lo(nl) .I•S amended as £ 0 11 ows:- ~ ! ~ ~ re (a) In paragraph (i.) of provision A the words" the results from sum of seven hundred and fifty pounds" are repealed injury.] and the words" the sum of eight hundred pounds" are inserted in lieu thereof. (b) The following subparagraph is inserted after the first subparagraph of the said paragraph (i.), namely :- " In addition there shall be payable a sum of twenty- five pounds in respect of each child and stepchild of the worker under sixteen years of age, who was totally or mainly dependent upon the earnings of the worker." (c) The words "but no such deduction shall be made so as to reduce the amount payable in respect of the dependants of the worker under this subsection below two hundred pounds" are added to the last sub- paragraph of the said paragraph (i.). Amendment (ii.) Provision B of the said subsection one is of provision amended as follows : - Bofsubs.(l). [Where total (a) In paragraph (a) the words "and the total ?r part~al liability in respect thereof shall not exceed seven hundred fmoCr awpao( r'klty an d fifty poun d s " are repealed . results from injury.] (b) In paragraph (cl) the words" ten shillings" are repealed and the words "one pound" are inserted in lieu thereof. (c) In paragraph (d) after the word "child" the words "and stepchild" are inserted; also the word " accident" is repealed and the word" injury" is inserted in lieu thereof. (d) A new paragraph(dl) is inserted after paragraph (d), as follows : - "(dl) In addition to the compensation payable under paragraph (a) of this provision B, a weekly payment during incapacity- (i.) Where no compensation is payable to a worker under paragraph (cl), of one pound per week in respect of one female totally or mainly dependent upon the earnings of the injured worker; and

1944. LABOUR. Workers' Compensation Acts Amen<hnent Act. 291 (ii.) Where no compensation is payable to a worker under paragraph (d), of ten shillings per week in respect of each brother and sister under sixteen years of age totally or mainly dependent upon the earnings of the injured worker: Provided that no compensation shall be payable in pursuance of subparagraph (i.) of paragraph (dJ) of this provision B unless the female in respect of which the weekly payment is claimed- (a) Is an adult and is caring for any ehild or stepchild of the worker under sixteen years of age; or (b) Is a member of the worker's family and is over sixteen years of age." (e) In paragraph (e) the words" seven hundred and fifty pounds " are repealed and the words " one thousand pounds" are inserted in lieu thereof. (iii.) Provision C of the said subsection one is Amendment amended as follows :_ of provision C of subs. (a) In paragraph (d) the words" seven hundred and (I). fifty pounds" are repealed and the words " one thousand [ T~ bl? of pounds" are inserted in lieu thereof. InJurIes.] (b) In paragraph (f) the words "by the same accident" are repealed and the words" at the same time" are inserted in lieu thereof; also the words "seven hundred and fifty pounds" are repealed and the words " one thousand pounds " are inserted in lieu thereof. 7. Section 14A of the Principal Act is repealed. Repeal of s.14A. 8. Section 14B of the Principal Act is amended as Amendment follows :_ of s. 14B. (i.) Subsection one is amended as follows:- [Compensa. tion on (a) In the paragraph commencing the said wo!kers subsection the words "Subject to this Act, where a ~ ~ fe~ \ y worker has been employed in Queensland in any employ- c~ rtain ment mentioned in the second column of the table of diseases.] diseases hereunder set forth, and" are repealed and the following words are inserted in lieu thereof, namely :- "Subject to this Act where a worker has been employed in Queensland in mining, or quarrying, or stone crushing or cutting, and".

292 LABOUR. W01-kers' Compensation Acts Amendment Act. 9 GEO. VI. No. 2, (b) In the said subsection one paragraph (c) is repealed and the following paragraph is inserted in lieu thereof, namely :- "(c) Has died in consequence of silicosis, anthraco-silicosis, and/or pulmonary tuber- culosis; or" (c) In the said subsection one the words "by accident" occurring after the words "personal injury" are repealed. (d) The" Table of Diseases" in the said subsection one, and the last paragraph of the said subsection one are respectively repealed. (ii.) Subsection two of the said section is amended as follows : - In paragraph (iii.) of provision A of the said subsection, the words "seven hundred and fifty" are repealed and the words "eight hundred" are inserted in lieu thereof; the following words are also added to the said paragraph (iii.) namely, " but no such deduction shall be made so as to reduce the amount payable in respect of the dependants of the worker under this paragraph below two hundred pounds." In paragraph (ii.) of provision B of the said subsection, the words "fifty shillings" are repealed and the words "fifty-five shillings" are inserted in lieu thereof; also the words "seven hundred and fifty" are repealed and the words " one thousand" are inserted in lieu thereof. (iii.) Subsection 3A of the said section is amended as follows : - (a) The words " or (e) and (f) " are repealed. (b) The words "of the lungs, miners' phthisis or pneumoconiosis" are repealed and the words" anthraco- silicosis, and/or pulmonary tuberculosis" are inserted in lieu thereof. (iv.) Subsection five of the said section is amended by deleting the word "accident" and inserting the word "injury" in lieu thereof.

LABOUR. 293 1944. Workers' Compensation Acts AmendJrnent Act. (v.) Subsection eight of the said section is amended by repealing the words "pulmonary tuberculosis and from all the diseases mentioned in the first column of the above table" and by inserting the words "silicosis, anthraco-silicosis, and/or pulmonary tuberculosis" in lieu thereof. 9. Section 14c of the Principal Act is repealed. Repeal of s. 140. 10. A new section 14D is inserted after section 14c New s. 14D. of the Principal Act, as follows :- "[14D.] (1.) Where an injury is received by a worker Liability for and medical or hospital treatment thereby becomes re;; , :~ nt of necessary, the Insurance Commissioner shall, subject to hos~ ital and this section, and to the extent herein prescribed, be : : ~ ~ ! nt liable to pay in addition to any compensation otherwise b.y Commis. provided the cost of such treatment as may be SlOner. reasonably necessary, having regard to the injury received by the worker. (2.) For the purposes of this section- " Medical treatment" includes- (a) Treatment by a legally qualified medical practitioner, a registered dentist, or a masseur; and (b) The provision of skiagrams, crutches, and artificial members; and (c) Any nursing, medicines, medical or surgical supplies or curative apparatus, supplied or provided for him otherwise than as a patient at a hospital. (3.) The sum for which the Insurance Com. missioner shall be liable in respect of the medical treatment of a worker shall be such sum as is reasonably appropriate to the treatment afforded, having regard to the reasonable necessity for such treatment and the customary charge made in the community for such treatment to persons other than workers: Provided that the maximum sum for which the Insurance Commissioner shall be liable for medical treatment afforded to a worker in respect of the same injury (whether such treatment is afforded at different stages of the injury or not) shall be twenty-five pounds, except in the case of an artificial member when he shall be liable for the actual cost.

294 LABOUR. Workers' Compensation Acts Amendment ~ { ct. 9 GEO. VI. No. 2, (4.) For the purposes of this section- "Hospital treatment" means treatment at any public hospital and includes the maintenance of the worker as a patient in a public ward at the public hospital, and the provision or supply by the public hospital of medical treatment as hereinbefore in this section defined, nursing attendance, medicines, medical, or surgical supplies or other curative apparatus, and any other ancillary service. Moreover, in any case where a public hospital is not reasonably available to or, if reasonably available to, is unable to admit to a public ward therein as a patient, any worker "hospital treatment" means all such treat- ment as aforesaid at any hospital other than a public hospital or provided or supplied to the worker as a patient in any ward or room other than a public ward of the public hospital. "Public hospital" means any hospital to which *" The Hospitals Acts, 1936 to 1943" (or any Act amending or in substitution for the same) apply including any hospital to which Part IV. of the said Acts applies. (5.) (a) The sum for which the Insurance Commissioner shall be liable in respect of the hospital treatment of any worker as an in-patient shall be the cost to the hospital of the hospital treatment, calculated at a rate not exceeding three guineas per week: Provided that, in the case of the hospital treatment of a worker at a hospital other than a public hospital or as a patient in any ward or room other than a public ward of a public hospital, if at any time the Crown in right of either the Commonwealth or the State makes any payment in respect of such hospital treatment, the weekly rate of such payment shall be deducted from the aforesaid three guineas : Provided further that if at any time a fee or charge is not payable to a public hospital in respect of the treatment as an in-patient in a public ward of such * 1 G. 6 No. 4 and amending Acts, v. 3, pp. 1050 et seq.

LABOUR. 295 1944. Workers' Compensation Acts Arnendirnent Act. hospital of any person whomsoever, the Insurance Commissioner shall not be liable in respect of the hospital treatment of any worker as an in-patient of a public ward of such public hospital. (b) The sum for which the Insurance Commissioner shall be liable in respect of the hospital treatment of any worker as an out-patient shall be calculated at a rate of three shillings per treatment, but not exceeding one guinea per week. (c) The maximum sum for which the Insurance Commissioner shall be liable for hospital treatment afforded to a worker in respect of the same injury (whether such treatment is afforded at different stages of the injury or not) shall be twenty-five pounds, except in the case of an artificial member when he shall be liable for the actual cost. (d) The treasurer of a hospital or the officer thereunto authorised in writing by the governing body of the hospital may recover from the Insurance Commissioner any sum for which the Insurance Commissioner becomes liable in respect of hospital treatment under this subsection. 11. In section eighteen of the Principal Act the Amendment words" for accidents" are repealed and the words" for of s. 18. injuries" are inserted in lieu thereof. 12. Provision (b) of paragraph (vi.) of subsection Amendment (:.i· two of section twenty of the Principal Act is amended by 20 (2) deleting the words " out of the compensation payable to H. such workers." 13. The Schedule to the Principal Act is amended Amendment, as follows:- of Schedule cl. 4. (a) In the third paragraph of clause four, the word " accident" is repealed and the word" injury" is inserted in lieu thereof. (b) In clause five the first and second paragraphs Cl. 5. are repealed and the following paragraphs are inserted in lieu thereof, namely :- " When any worker has received an injury, it shall be the duty of the employer forthwith to report particulars thereof to the proper clerk of petty sessions.

296 LABOUR. Workers' Oompensation Acts Amendment Act. 9 GEO. VI. No. 2, 1944. Cl. n. Cl.13A-. Cl. ~a. Such report sha.ll state-- (i.) The time, cause and nature of the injury and the probable duration of the incapacity due to the injury; (ii.) Whether the injury arose in the course of the injured person's employment; (iii.) Any other matters prescribed by the regulations." In the last paragraph the words" of an accident" are repealed and the words "of an injury" are inserted in lieu thereof. (c) Clause eleven is amended by repealing the words " the accident" twice occurring and inserting the words " the injury" in lieu thereof. (d) In clause 13A the words" silicosis of the lungs, miners' phthisis or pneumoconiosis" are repealed and the words" silicosis, anthraco-silicosis, and/or pulmonary tuberculosis" are inserted in lieu thereof. (e) In the first paragraph of clause twenty-three the words" for injury caused by any accident" are repealed and the words "in respect of an injury" are inserted in lieu thereof. :::::unent. General 14. Wherever in the Principal Act the term "accident" occurs the term shall, unless the context otherwise indicates, be read and construed as meaning " injury" and the Principal Act shall be read and construed accordingly.