Workers' Compensation Acts Amendment Act of 1952 (1 Eliz Ii No. 16) (Qld)

412 LABOUR. Workers9 Compensation, Etc., Act . 1 E liz . II. No. 16r 1 N E o l . iz 1 . 6I. I. An Act to Amend “ The Workers’ Compensation T he C o W moprenkseartsi ’ on Acts, 1916 to 1951,” in certain particulars. A cts A mendment A ct op 1952. [A ssented to 22 nd A pril , 1952.] B E it enacted by the Queen’s Most Excellent Majesty, 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:— Short title 1. This Act may be cited as “The Workers’ aconndstruction. r C e o a m d p a en s sa o t n io e n w A i c th ts A * m “ eTnhdemeWnot rAkcetrso’ f C 19 o 5 m 2 pe ” n a sa n t d io s n ha A ll c b ts e , 1916 to 1951,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as “ The Workers’ Compensation Acts, 1916 to 1952.” Amendments 2. (1.) Section three of the Principal Act is amended of s. 3. as follows :— (a) The definition *k Worker ” appearing in subsection one of that section is amended by repealing paragraph (a) of that definition. ( b ) Subsection 3 d of that section is repealed. (2.) The amendments made by subsection one of this section to the Principal Act shall come into operation on the first day of July, one thousand nine hundred and fifty-two. Amendments 3. Section nine of the Principal Act is amended of s. 9. as follows:— (i.) The following subsection is inserted after subsection two of that section, namely :— “ ( 2 a . ) (i.) In this subsection the term “ place of pick-up ” means— (a) (In respect of any person who is ordinarily engaged in any employment in connection with which persons customarily attend certain pre-arranged places at which employers select and engage persons for employment) any such pre-arranged place ; * 6 G. 5 No. 35 and amending Acts.

LABOUR. 1952. Workers’ Compensation , Etc., Act. (b) (In respect of any person who in answer to a notification, by advertisement or otherwise, stating that at a specified time persons will be selected and engaged for any employment at a State Employment Exchange constituted under * “ The Labour and Industry Act of 1946 ” attends for the purpose of being selected for that employment at the time so specified at that State Employment Exchange) that State Employment Exchange; (c) (Where an award or industrial agreement provides that any persons employed thereunder shall be selected and engaged for that employment by employers at certain pre-arranged places, then in respect of any person who, for the purpose of being selected for that employment attends at such a place at or during a time fixed pursuant to the award or industrial agreement in question) that lastmentioned place ; (ii.) Any person who, for the purpose of being selected for employment attends at any place which, in respect of that person and that attendance, is a place of pick-up shall be deemed— (а) While so in attendance before being so selected; or (б) While on his journey thereto from his place of residence; or (c) If he is not so selected or if his engagement for employment in terms of his selection takes effect from a later day, while on his journey therefrom to his place of residence, to be working under a contract of service with an employer. (ii.) The following paragraph is added to subsection four of that section, namely :— “ (c) In the case of an injury in respect of which compensation under this Act is payable which shall have resulted in total or partial incapacity for work of the worker in question at a time later than the day on which * 11 G. 6 No. 20. 413

414 LABOUR. Workers’ Compensation, Etc., Act. 1 E liz . II. No. 16,1952. that worker shall have received that injury, then that worker shall for the purposes of this subsection be deemed to have received that injury on the last day during or during any part of which he shall have worked.” (iii.) The following subsection is added to that section, namely:— “ (5.) Notwithstanding any other provision of this Act, compensation shall not be payable hereunder in respect of any injury— (a) Received by a worker or by a person to whom subsection 2 a of this section applies during or after any substantial interruption of or substantial deviation from (but before the completion of) any journey specified in this section, unless that interruption or deviation shall have arisen from circumstances beyond the control of the worker or person in question; or (b) In the case of an injury received on a journey specified in subsection 2 a of this section by a person to whom that subsection applies, unless that injury shall have been received within this State and, if so received on a journey from a place of pick-up to the place of residence of that person, unless that journey shall have been commenced without substantial delay after that person has not been selected for employment or, as the case may be, after that person has been so selected subject to his engagement for employment under that selection taking effect at a later date.”