Workers' Compensation Acts Amendment Act of 1955 (4 Eliz Ii No. 8) (Qld)

250 LABOUR. Workers’ Compensation, Etc., Act. 4 Buz. II. No. 8, 4 N E O LI . Z 8 . . II. An Act to Amend “ The Workers’ Compensation T he W orkers ’ C ompensation Acts, 1916 to 1954,” in certain particulars. A cts A mend ­ ment A ct of 1955. [A ssented to 14 th A pril , 1955.] 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 _ (1.) This Act may be cited as “ The Workers’ Compensation Acts Amendment Act of 1955.” Principal (2.) *“ The Workers’ Compensation Acts, 1916 to 0' 1954,” are in this Act referred to as the Principal Act. Collective ( 3 .) The Principal Act and this Act may be 1 e' collectively cited as “ The Workers’ Compensation Acts, 1916 to 1955.” Amendments 2. Subsection one of section fourteen of the Principal 0 s' ' Act is amended as follows :— (a) Paragraph (c) of provision (B) of the said subsection one is amended— (i.) By repealing the words “ three pounds ” and by inserting, in lieu of those repealed words, the words “ four pounds ” ; and (ii.) By repealing the words “two pounds” and by inserting, in lieu of those repealed words, the words “ three pounds ten shillings ” ; (b) Paragraph (/) of provision (C) of the said subsection one is amended by repealing the words “ one thousand seven hundred and fifty ” and by inserting, in lieu of those repealed words, the words “ two thousand eight hundred pounds ”. Amendments 3. (1.) Subsection two of section 14 b of the Principal of s. 14 b ( 2 ). ^ct is amended as follows :— (a) Paragraph (ii.) of provision (A) of the said subsection two is amended by repealing the words “ two pounds ” and by inserting, in lieu of those repealed words, the words “ three pounds ten shillings ” ; * 6 G. 5 No. 35 and amending Acts.

1955. LABOUR. Workers’ Compensation, Etc., Act. 251 ( b ) The proviso to provision (A) of the said subsection two is amended by repealing the words “ four pounds ” and by inserting, in lieu of those repealed words, the words “five pounds”; (c) Paragraph (i.) of provision (B) of the said subsection twois amended by repealing the words “ two pounds ” and by inserting, in lieu of those repealed words, the words “ three pounds ten shillings ” ; (d) Paragraph (ia.) of provision (B) of the said subsection twois amended by repealing the words “ two pounds ” and by inserting, in lieu of those repealed words, the words “ two pounds ten shillings ” ; (e) The proviso to provision (B) of the said subsection twois amended by repealing the words “ five pounds ten shillings ” and by inserting, in lieu of those repealed words, the words “ seven pounds ”. (2.) This section shall be deemed to have come into force on the first day of January, one thousand nine hundred and fifty-five, and the amendments of subsection two of section 14 b of the Principal Act made by subsection one of this section shall operate retrospectively accordingly. 4. Clause 24 a of the Schedule to the Principal Amendment Act is repealed and, in lieu of that repealed clause, the of Schedule­ following clause is inserted, namely :— “[24 a .] (1.) Subject to this clause, in respect of an compensa- injury received under circumstances creating both— receivable (a) Independently of this Act, a legal liability damages in some person, whether the employer or a become person other than the employer, to pay ' damages in respect of that injury; and ( b) A claim for compensation under this Act, a worker may both take proceedings to recover those damages and apply for compensation under this Act according to his entitlement thereto, but such a worker is not entitled to receive compensation under this Act at any time (or in the case of compensation under provision (B) of subsection one of section fourteen of this Act, in respect of any period of time) after those damages become recoverable by him.

LABOUR. Workers’ Compensation, Etc., Act. 4 E liz . II. No. 8, 1955. (2.) Any amount of compensation under this Act paid to a worker to whom this clause applies at a time or in respect of a period of time before damages become recoverable by him from the employer or, as the case may be, other person legally liable therefor shall be a first charge upon those damages. The employer or other person from whom those damages are recoverable shall pay to the Insurance Commissioner any sum charged thereon by virtue of this subclause or, if those damages are insufficient to meet that charge, the whole of those damages, and that payment shall, to the extent thereof, satisfy the liability of that employer or other person for payment of those damages. (3.) If a worker to whom this clause applies who has received compensation under this Act has not, independently of this Act, recovered any damages from the employer or, as the case may be, other person legally liable therefor, the Insurance Commissioner shall be entitled to be indemnified by that employer or other person to the extent of his liability. If, subsequently to that employer or other person paying under such indemnity, the worker recovers damages against him, the payment under the indemnity shall to the extent thereof, satisfy the liability of that employer or other person. (4.) A worker shall not settle or compromise, for a sum less than the amount of compensation charged on those damages, any claim for damages had by him independently of this Act in respect of an injury to which this clause applies without the prior consent in writing of the Insurance Commissioner. If, without that consent, such a settlement or compromise is made the Insurance Commissioner shall nevertheless, to the extent to which the damages recovered are insufficient to meet all payments payable to the Insurance Commissioner under this clause, be entitled to be indemnified by the party, other than the worker, to that settlement or compromise. (5.) All payments by the Insurance Commissioner under or pursuant to this Act in respect of an injury to a worker shall be deemed to be compensation under this Act for the purposes of section sixteen hereof, clause twenty-four of the Schedule hereto, and this clause.”.