Workers' Compensation Acts Amendment Act of 1959 (8 Eliz Ii No. 4) (Qld)

414 LABOUR. Workers’ Compensation, Etc., Act. 8 E liz . II. No. 4, Use of explosive- powered tools. (iv.) By inserting in the first paragraph of that section, after subparagraph (viA.) thereof, the following subparagraph:— “(viB.) Prescribing, regulating and controlling the precautions and measures to be taken for seeming the safety and health of persons in connection with the use of explosive-powered tools ; prescribing, regulating and controlling the description or type of explosive-powered tools which shall be used; providing for, regulating and controlling the manner in which explosive-powered tools shall be erected or assembled, maintained and used; ” ; (v.) By adding to subparagraph (vii.) of the first paragraph of that section the words “ , gear or explosive- powered tools.” ; and (vi.) By inserting in the third paragraph thereof (being the paragraph commencing with the words “ Different regulations may be made ”), at the end thereof, the words “ or explosive-powered tools 8 E N l o i . z . 4. II. An Act to Amend "The Workers' Compensation Acts, T he W orkers * 1916 to 1956," in certain particulars. C ompensation A cts A mendment A ct op 1959. [A ssented to 25 th M arch , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B 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. Principal Act' X. (1.) This Act may be cited as “ The Workers’ Compensation Acts Amendment Act of 1959.” (2.) *“ The Workers' Compensation Acts, 1916 to 1956,” are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be tltle- collectively cited as “ The Workers' Compensation Acts, 1916 to 1959.” * 6 G. 5 No. 35 and amending Acts.

LABOUR. 415 1959. Workers’ Compensation, Etc., Act. 2. (1.) This section shall come into operation on Amendments the first day of July, one thousand nine hundred and of s' 3' fifty-nine. ( 2 .) Section three of the Principal Act is amended— (a) By repealing in subsection one thereof the definition “ Worker ” and inserting, in lieu ;of that repealed definition, the following definition ““Worker”—Any person (including any person Worker, in domestic employment) who has | entered into or works under a contract of service or apprenticeship or otherwise with an employer, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied or is oral or in writing : The term includes a person working under a contract or at piecework rates for labour only or substantially for labour only (including any such person who supplies his own tools of trade, being tools designed for use by hand) but does not include— (a) A person whose employment is of a casual nature, and is not for the purposes of the employer’s trade or business, unless he is specially insured under or is covered by a policy of accident insurance under this Act; or (b) A member of the Police Force ; or (c) A member of the employer’s family dwelling in his house.”; and (b) By repealing subsection 2 a thereof. 3. Subsection one of section fourteen of the Principal Amendments Act is amended— of s-14 (1>- (a) By repealing in paragraph (i.) of provision A thereof the words “ two thousand five hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand pounds ”, and by repealing in the said paragraph (i.) the words “ seventy-five pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; (b) By repealing in paragraph (e) of provision B thereof the words “ two thousand eight hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand three hundred pounds ” ;

416 LABOUR. Workers’ Compensation, Etc., Act. 8 E liz . II. No. 4, (c) By repealing in the first proviso to paragraph (d) of provision C thereof the words “ two thousand eight hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand three hundred pounds ”; (d) By repealing in paragraph (/) of provision C thereof the words “ two thousand eight hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand three hundred pounds ”; and (e) By in the Table set forth in provision C thereof— (i.) Repealing the figures “ 2,800 ”, wherever appearing in the second column of that Table, and inserting, in lieu of those repealed figures, wheresoever repealed, the figures “ 3,300 ” ; and (ii.) Repealing the figures “ 1,750 ” where those figures appear in the second column of that Table opposite and relative to the words “ loss of the sight of one eye, together with the serious diminution of the sight of the other eye ”, and inserting, in lieu of those repealed figures, the figures “ 2,000 ”. Amendment 4. Subsection six of section 14 a of the Principal of s. ha ( 6 ). ^ct js amended by repealing the words “ two thousand eight hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand three hundred pounds ”. Amendments 5. (1.) The amendments made by this section to of s. i 4 d . subsection three and paragraph (c) of subsection five of section 14 d of the Principal Act shall be deemed to have been made thereto on the first day of July, one thousand nine hundred and fifty-eight. (2.) Section 14 d of the Principal Act is amended— (a) By repealing in subsection three thereof, the words “ seventy pounds ”, where those words appear twice, and by inserting, in lieu of those repealed words where so repealed twice, the words “ one hundred pounds ” ; and ( b) By repealing in paragraph (c) of subsection five thereof the words “ seventy pounds ”, where those words appear twice, and by inserting, in lieu of those repealed words where so repealed twice, the words “ one hundred pounds ” ; and

LABOUR 417 1959. Workers’ Compensation, Etc., Act. (c) By adding thereto the following subsection:— “ (7.) (a) Subject to this subsection the Insurance Commissioner shall he liable for travelling expenses necessarily and reasonably incurred by a worker in obtaining medical treatment for an injury. ( 6 ) The Insurance Commissioner shall not be liable under this subsection for any travelling expenses incurred by a worker— (i.) In respect of travelling a distance less than fifteen miles to or from the place where he obtained any medical treatment for an injury; or (ii.) In any case where medical or hospital treatment for the injury was reasonably available to the worker nearer than the place to or from which he travelled.” 6. The Schedule to the Principal Act is amended— Amendments (a) By renumbering clause one thereof subclause of Sehedule* one and by adding to that clause, as so renumbered, the following subclauses :— 44 (2.) Where under this Act the exercise of any power, function or duty by the Insurance Commissioner is dependent upon the opinion, belief or state of mind of the Insurance Commissioner in relation to any matter, that power, function or duty may be exercised by the delegate upon the opinion, belief or state of mind of that djelegate. (3.) In any proceedings under this Act a writing under the hand of the Insurance Commissioner delegating to the Deputy Insurance Commissioner or to any officer appointed to assist him any of the powers, functions or duties imposed or conferred on the Insurance Commissioner by this Act shall be conclusive evidence of the matters therein stated.” ; (b) By inserting after clause one thereof the following clause :— 44 1 a . All courts, judges, justices and persons acting judicially shall take judicial notice of— (а) The signature of any person who holds or has held the position of Insurance Commissioner ; and (б) The fact that such person holds or has held such office, if the signature purports to be affixed to any writing whatsoever purporting to be made under or pursuant to this Act.” ; and (c) By adding to paragraph (/) of clause 3 e thereof the following subparagraph :— 44 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 paid to that injured worker for the purposes of this paragraph o