Workers' Compensation Acts Amendment Act of 1951 (15 Geo Vi No. 14) (Qld)

HOUSING-LABOUR. 127 15 GEO. VI. No. 14, 1951. Workers' Compensation, Etc., Act. brought by the Commission against it, or by it against the Commission, and evidence proving or tending to prove that at a material time it was not incorporated with or had exceeded those powers or any of them shall not be led or adJ;nitted." 9. The amendments of the Principal Act made by Retrl?- paragraphs (a), (b), (c), and (d) of section five and by = ~ ~ ~ ~ n of . section six of this Act shall be deemed to have been amend- SO ma.de on the sixth day of June, one thousand nine menta. hundred and fifty, and those amendments shall operate retrospectively on and from that date accordingly. INQUIRY, COMMISSIONS OF. See EVIDENCE. IPSWICH TRADES AND LABOUR HALL LAND PERPETUAL LEASE. See PART H. IRRIGATION. See LAND. JUBILEE HOLIDAY (COMMONWEALTH). See HOLIDAYS. LABOUR. An Act to Amend" The Workers' Compensation 15:~~ ir' Acts, 1916 to 1949," in certain particulars. W01~RS' [ A SSENTED TO 30TH MARCH, 1951.] COMPAEONTSSATION AMENDMENT B E it enacted by the King's Most Excellent Majesty, " i~ ~ f. F by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Workers' Short title Compensation Acts Amendment Act of 1951," and shall be : ~ ! tru~ tion. read as one with *" The Workers' Compensation Acts, 1916 to 1949,"herein referred to as the Principal Act. The Principal Act and this Act may be collectively ~ onective cited as " The Workers' Compensation Acts, 1916 to 1951." tItle. t(2.) This Act shall come into operation on a date to be fixed by the Governor in Council by Proclama.tion published in the Gazette. * 6 G. 5 No. 35 and amending Acts. t Commenced on 9th April, 1951. (See Proclama.tion published in Gazette of 7th April, 1951, p. 1306.)

128 LABOUR. Workers' Compensation, Etc., Act. 15 GEO. VI. No. 14, Amendments 2. Section three of the Principal Act is amended as of B. 3. follows :_ (a) In the definition "Worker" in subsection one thereof the words " one thousand pounds " are repealed where those words appear in paragraph (a) of the said definition and the words "one thousand two hundred and fifty pounds" are inserted in lieu of those repealed words. (b) In subsE;ction 3D thereof the words "one thousand pounds" are repealed and the words "one thousand two hundred and fifty pounds" are inserted in lieu of those repealed words. Amendment 3. Section nine of the Principal Act is amended ofs.9. by adding thereto the following subsection, namely :- "(4.) (a) Compensation under this Aot shall commence to be payable to a worker on the day next succeeding the date on which that worker shall have received the injury in respect of which that compensation is payable. (b) On and after the coming into operation of *" The Workers' Compensation Acts Amendment Act of 1951," every worker shall be entitled to be paid and shall be paid his salary or wages in full in respect of the day on which he shall have received an injury in respect of which compensation under this Act is payable and every award and industrial agreement under t" The Industrial Conciliation and Arbitration Acts, 1932 to 1948," and, in relation to any employment not the subject of such an award or industrial agreement, every contract of employment (whether made orally or in writing and whether made before, on, or after the coming into operation of *" The Workers' Compensation Acts Amendment Act of 1951 ") shall be deemed to contain a provision to that effect which provision shall, in the case of such a contract of employment, be binding upon the employer notwith- standing any covenant, agreement, or condition expressed or implied in the contract of employment or separately." Amendments 4. Section fourteen of the Principal Act is amended of B. 14. as follows:- (a) In paragraph (i.) of provision (A) of subsection one thereof the words " one thousand two hundred and fifty pounds" are repealed where those words appear in * This Act. t 23 G. 5 No. 36 and amending Acts.

LABOlIR. 1951. Workers' Compensation, Etc., Act. the first subparagraph of the said paragraph (i.) and the words "one thousand five hundred pounds" are inserted in lieu of those repealed words. (b) In paragraph (a) of provision (B) of the said sub~ ection one the words" but such weekly payment shall not exceed four pounds "are repealed and the words" but such weekly payment shall not exceed the maximum weekly payment prescribed by paragraph (al) of this provision (B) " are inserted in lieu of those repealed words. ~ (c) The following paragraph is inserted after paragraph (a) of provision (B) of the said subsection one, namely :- " (al) The maximum weekly payment under paragraph (a) of this provision (B) shall be determined as follows, that is to say : - (i.) On and from the date of the coming into operation * of "The Workers' Oompensation Acts Amendment Act of 1951," and thereafter until adjusted under subparagraph (ii.) ofthis paragraph that maximum weekly payment shall be, in relation to a male, five pounds and ten shillings and, in relation to a female, five pounds five shillings and sixpence; and (ii.) When and so often as the weekly rate of the basic wage is increased or decreased that maximum weekly payment shall be adjusted by increasing or, as the case requires, decreasing by the amount of that increase or decrease in the basic wage, the sum payable under this paragraph (al) in respect of that maximum weekly payment immediately prior to the date when that increase or decrease in the basic wage takes effect as a variation of awards then current under the said lastmentioned Act. For the purposes of the first adjustment specified in subparagraph (ii.) of this paragraph, the weekly rate of the basic wage shall be, in relation to a male, .seven pounds and nineteen shillings and, in relation to a female, five pounds five shillings and sixpence and for the • This Act. E 129

130 .LABOUR. Workers' Compensation, Etc., Act. 15 GEO. VI. No. 14, purposes of the second or any subsequent such adjustment that weekly rate shall be the sum which was the weekly rate of the basic wage upon the date when the next preceding such adjustment was made. • Any and every adjustment as aforesaid shall be effective on and from the date when the increase or decrease in the basic wage in relation to which that adjustment is made takes effect as a variation of awards current under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1948." " In this paragraph the te:r:m " basic wage" means- (a) In relation to a male, that wage for males; and (b) In relation to a female, that wage for females, as declared for the time being by the Industrial .Court under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1948." (d) In paragraph (b) of the said pruvision (B) the words "less than four pounds" are repealed and the words "less than the maximum weekly payment as determined [or the time being under paragraph (al) of this provision (B) " are inserted in lieu of those repealed words; and the words "exceed three pounds" are repealed and the words" exceed the maximum weekly compensation prescribed in paragraph (bl) of this provision (B)" are inserted in lieu of those repealed words. (e) The following paragraph is inserted after paragraph (b) of provision (B) of the said subsection one, . namely;- "(bl) The maximum weekly compensation payable to an adult worker to whom paragraph (b) of this provision (B) applies shall be determined as follows, that is to say- (i.) On and from the date of the coming into operation of t" The Workers' Oompensation Acts Amendment Act of 1951," and there- after until adjusted under subparagraph (ii.) of this paragraph that maximum weekly compensation shall be, in relation to a male, four pounds and ten shillings and, in relation to a female, four pounds five shillings and sixpence; and * 23 G. 5 No. 36 and amending Acts. t This Act.

LABOUR. 1951. Workers' Compensation, Etc., Act. (ii.) When and so often as the weekly rate of the basic wage is increased or decreased that maximum weekly compensation shall be adjusted by increasing or, as the case requires, decreasing, by the amount of that increase or decrease in the basic wage, the sum payable under this paragraph in respect of that maximum .weekly compensa- tion immediately prior to the date when that increase or decrease in the basic wage takes effect as a variation of awards then current under the said lastmentioned Act. For the purposes of the first adjustment specified in subparagraph (ii.) of this paragraph, the weekly rate of the basic wage shall be seven pounds and nineteen shillings and for the purposes of the second or any subsequent such adjustment that weekly rate shall be the sum which was the weekly rate of the basic wage upon the date when the next preceding such adjustment was made. Any and every adjustment as aforesaid shall be effective on and from the date when the increase or decrease in the basic wage in relation to which that adjustment is made takes effect as a variation of awards current under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1948." In this paragraph the term " basic wage" means- (a) In relation toa male, that wage for males; and (b) In relation to a female, that wage for females, as declared for the time being by the Industrial Court under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1948." (f) In paragraph (e) of the said provision' (B) the words "or the sum of seven pounds, whichever is the smaller amount" are repealed; and the words "one thousand five hundred pounds" are repealed and the words " one thousand seven hundred and fifty pounds" are inserted in lieu of those lastmentioned repealed words. (g) In paragraph (d) of provision (C) of the said subsection one the words "one thousand five hundred pounds" are repealed where those words appear in * 23 G. 5 No. 36 and amending Acts. 131

132 LABOUR. Wo~kers' Compensation, Etc., Act. 15 GEO. VI. No. 14, 1951. the second subparagraph of the said paragraph (d) and the words "one thousand seven hundred and fifty pounds " are inserted in lieu of those repealed words (h) In paragraph (f) of the said provision (C) the words" one thousand five hundred pounds" are repealed and the words " one· thousand seven hundred and fifty pounds " are inserted in lieu of those repealed words. (j) The Table set forth under the said provision (C) is amended by repealing the figures" 1500" wherever those figures appear in the second column of that Table and by inserting, in every such case, the figures " 1750 " in lieu of those repealed figures. Amendments 5. Section 14B of the Principal Act is amended as of s. 14B. follows :_ (a) In paragraph (ill.) of provision A of subsection two thereof the words" one thousand two hundred and fifty pounds " are repealed and the words " one thousand five hundred pounds '.' are inserted in lieu of those repealed words. (b) In subsection seven thereof the words" in the employments mentioned in the second column of the Table in subsection one hereof" are repealed and the words" in the employments specified in this section" are inserted in lieu of those repealed words. Amendments 6. The Schedule to the Principal Act is amended oSfohthedeule. as £ 0 11 ows:- (a) The following proviso is added to clause 9A thereof, namely:- . " Provided that, in respect of any period for which a worker to whom this clause applies receives any part of his salaIY, that worker shall not be paid compensation of an amount or at a rate which together with the amount or rate of the part of his salary received by him for that period exceeds the amount or rate for that period of the full salary payable to him as at the time of the injury to him." (b) Clause eleven thereof is amended by repealing the words " but not in any case exceeding four pounds " and by inserting the words" but not in any case exceeding the maximum weekly payment under paragraph (a) of provision (B) of subsection one of section fourteen of this Act as determined for the time being under paragraph (bl) of that provision (B)" in lieu ofthose repea led words.