Workers' Compensation Acts Amendment Act of 1959 (No. 2) (8 Eliz Ii No. 75) (Qld)

561 djhtmtslattb ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 75. An Act to Amend "The Workers' Compensation Acts, 1916 to 1959/' in certain particulars. [A ssented to 23 rd D ecember , 1959.] 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:— 1. (1.) This Act may be cited as “ The Workers' short title. Compensation Acts Amendment Act of 1959 (No. 2).” (2.) “ The Workers' Compensation Acts, 1916 to Principal 1959,” are in this Act referred to as the Principal Act. AoU (3.) The Principal Act and this Act may be 9oUeotive collectively cited as “ The Workers' Compensation Acts , tItlo‘ 1916 to 1959.”

562 Workers’ Compensation, Etc., Act (No. 2). 8 Ei,iz. II. No. 75, Retrospec- tivity. .(4.) The amendments of the Principal Act made by section two and paragraph (e) of section three of this Act shall be deemed to have been made on the twenty- fifth day of March, one thousand nine hundred and fifty-nine. Amendment 2. Subsection four of section 14 a of the Principal of s. 14 a (4). Act is amended by repealing the words “ two thousand eight hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand three hundred pounds Amendments of s. 14 b . 3. Section 14 b of the Principal Act is amended— (a) By inserting in subsection one, after the words “ Subject to this Act, where ”, the words “ after the first day of July, one thousand nine hundred and sixteen ” : (b) By repealing the words and brackets “ (provided that a period of not more than fifteen years has elapsed since ceasing such employment) ”, wherever appearing ; (c) By repealing the words ” silicosis, anthraco- silicosis, and/or pulmonary tuberculosis ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ silicosis or anthraco- silicosis ” ; (d) By repealing in paragraph (d) of subsection one the word “ any ” and inserting, in lieu of that repealed word, the word “ either ” ; (e) By, in the proviso to provision A of subsection two, repealing the words “ two thousand five hundred pounds ” and inserting, in lieu of those repealed words, the words “ three thousand pounds ” ; (/) By repealing subsections three and 3 a and by inserting, in lieu of those repealed subsections, the following subsection:— “ (3.) (a) For the purposes of this section there shall be a medical board constituted by— (i.) A duly qualified medical practitioner nominated by the Insurance Commissioner who shall be the chairman of the board; (ii.) The Director of Tuberculosis ; and

1959. Workers’ Compensation, Etc., Act (No. 2). (iii.) A duly qualified medical practitioner with a knowledge of radiology and the diagnosis of the pneumoconioses, each of whom shall be appointed by the Governor in Council and shall hold office for the term for which he is appointed unless he sooner dies, resigns, or becomes incapable of performing the duties of his office or, in the case of the Director of Tuberculosis, ceases to be such Director. (b) Such board shall meet at such times and places as its members may mutually agree upon or, failing such agreement, as may be fixed by the Insurance Commissioner. (c) A secretary to such board may be appointed. (d) If, in any case of incapacity, any claimant for compensation under this Act pursuant to this section thereunto required by the Insurance Commissioner fails to appear before such medical board at a day, time and place whereof he has received not less than seven days’ notice in writing from the Insurance Commissioner or the secretary of such board, or so appearing refuses to be medically examined by such board or any member thereof or in any way obstructs such examination, his claim for compensation under this Act in pursuance of this section shall be deferred until he undergoes such examination, and he shall not be entitled to any compensation under this Act pursuant to this section in respect of the period of such deferment. (e) The power to make regulations under this Act shall include power to make all such regulations as the Governor in Council deems necessary or convenient to provide for, regulate and control the proceedings of the medical board constituted under this subsection, for ensuring attendances before such board of persons thereunto required by the Insurance Commissioner, the remuneration of the members thereof and otherwise to give full effect to the provisions and objects of this section. (/) Determinations by the medical board constituted under this subsection of the matter of whether or not any claimant for compensation under this Act pursuant w 563

564 Workers’ Compensation, Etc., Act {No. 2). 8 E liz . II. No. 75, to this section is suffering from silicosis or anthraco- silicosis shall be final and conclusive, and where such determination is made by such board the claimant in question shall have no right to have such matter heard and determined by an industrial magistrate or, by way of appeal or otherwise, any court or judicial tribunal whatsoever. Save as respects the matter of whether or not a claimant for compensation under this Act pursuant to this section is suffering from silicosis or anthraco-silicosis, this subsection applies so as not to limit in relation to such a claim the jurisdiction of an industrial magistrate or, in respect of the decision of an industrial magistrate, the right of appeal had by either party under section thirteen of this Act.” Amendment 4. Section 14 d of the Principal Act is amended by of s. 14 d . renumbering as subsection eight the subsection added to that section (and numbered subsection seven thereof) by paragraph (c) of subsection two of section five of “ The Workers' Compensation Acts Amendment Act of 1959.” Amendment 5. Section seventeen of the Principal Act is of s. 17. amended by adding the following paragraph :— “ This section does not apply to any money taken by or on behalf of an employer of a share-farmer from such share-farmer in relation to the premium for the first or any subsequent period of insurance for the full amount of the liability of such employer to pay compensation under this Act to such share-farmer and to all workers employed by such share-farmer where— (а) The money is taken by way of deduction from moneys payable to such share-farmer under the share-farming agreement between them; (б) The amount taken in relation to the aforesaid premium for any particular period does not exceed the part of such premium which is proportionate to the share received by the share farmer; and (c) The money is taken pursuant to prior agreement in writing between the employer and the share-farmer.”

1959. Workers’ Compensation, Etc., Act (No. 2). 565 6. Rule 9 a of the Schedule to the Principal Act Amendment is amended— of Schedule, r. 9 a . (а) By repealing the words, numerals, letter, quotation marks and brackets “ Regulation 58 (2) (e) of “ The Public Service Regulations of 1953 ” ”, and inserting in lieu thereof, the words, numerals, quotation marks and brackets “ regulation 63 (3) of “ The Public Service Regulations of 1958 ” ” ; and (б) By repealing the words, numerals and quotation marks '* “ The Public Service Superannuation Act of 1912 ” ” and inserting in lieu thereof, the words, numerals and quotation marks “ “ The Public Service Superannuation Act of 1958 ”