Workers' Compensation Acts Amendment Act of 1960 (9 Eliz Ii No. 3) (Qld)

610 tijjfumtslmtfr ANNO NONO ELIZABETHAE SECUNDAE REGINAE. No. 3. An Act to Amend "The Workers' Compensation Acts, 1916 to 1959/' in certain particulars. [A ssented to 10 th M arch , I960.] 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. 1. (1.) This Act may be cited as “ The Workers' Compensation Acts Amendment Act of 1960.” Principal (2.) “ The Workers' Compensation Acts, 1916 to Act. 1959,” are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Workers' Compensation Acts, 1916 to 1960.” Commence, *(4.) This Act shall come into operation on a date Amcetn. t of this to be fixed by the Governor in Council by Proclamation published in the Gazette.* * Commenced 1 Apr. 1960. (Proc. pubci. Gaz, 19 Mar. 1960, p. 1379).

9 E liz . II. No. 3, 1960. Workers’ Compensation, Etc., Act. 611 2. Subsection one of section three of the Principal Amendments Act is amended— of*. s(i). (а) By inserting after the definition “ Dependants ” the following definition:— “ “ Deputy General Manager ”—The Deputy Deputy General Manager of the Office under and within the meaning of “ The State Government Insurance Office (Queensland) Act of 1960 ” ; ” ; ’ (б) By inserting after the definition “ Fund ” the following definition:— “ “ General Manager ”—The Genoral Manager of ^k“raIr the Office under and within the meaning of anager’ “ The State Government Insurance Office (Queensland) Act of 1960 ” ; ” ; (c) By repealing the definition “ Insurance Commissioner ” ; (d) By inserting after the definition “ Member of a family ” the following definition:— “ “ Office ”—The State Government Insurance Office office. (Queensland); ” ; and (e) By inserting after the definition “ Seaman ” the following definition:— “ “ State Government Insurance Office state (Queensland) ”—The State Government ^sunmee"4 Insurance Office (Queensland) as deemed office to be established and as incorporated under that name and style by and under “ The State Government Insurance Office ( Queensland) Act of 1960 ” ; 3. Section four of the Principal Act is amended Amendments r of 8. 4. by (a) Repealing the first paragraph of subsection one and inserting, in lieu of that repealed paragraph, the following paragraphs :— “ (1.) The State Government Insurance Office Accident (Queensland) is hereby authorised and empowered to inBurance‘ carry on the business of accident insurance and to do anything necessary to such authority and power. All policies of accident insurance issued by the Insurance Commissioner under the provisions of this Act as in force immediately prior to the date of the

612 Workers’ Compensation, Etc., Act. 9 E liz . II. No. 3, coming into operation of “ The Workers' Compensation Acts Amendment of 1960,” and subsisting immediately prior to such date, shall be deemed on and from such date to be policies of accident insurance issued by the State Government Insurance Office (Queensland) and all of the provisions of this Act shall apply and extend with respect to such policies accordingly. The provisions of section two of “ The State Government Insurance Office (Queensland) Act of 1960 ” shall apply as if those provisions were enacted in this Act and for the purpose of so applying those provisions references therein to “ insurance business ” and “ the commencement of this Act ” shall be construed as referring respectively to accident insurance and the commencement of “ The Workers' Compensation Acts Amendment Act of 1960.” For the purposes of this Act the State Government Insurance Office (Queensland) shall represent the Crown and every policy issued or, pursuant to this section deemed to be issued, by it shall be doomed to be guaranteed by the Crown.” ; (6) Repealing in the second paragraph of subsection one the words “ Insurance Commissioner ”, wherever appearing save in the last sentence, and inserting, in lieu of those repealed words, wheresoever so repealed, the word “ Office ” ; (c) Repealing the last sentence of the second paragraph of subsection one, (being all words from and including the words “ For the purposes ” to the end of that paragraph); (d) Repealing subsections two and three and inserting, in lieu of those repealed subsections, the following subsections:— “ (2.) The General Manager shall conduct the accident insurance business of, and in relation to such business manage and control, the Office. (3.) The provisions of “ The Stale Government Insurance Office (Queensland) Act of 1960,” with respect to the powers, authorities, functions and duties of the Deputy General Manager, shall, with and subject to any necessary adaptations, apply with respect to the conducting of the accident insurance business of the

1960. Workers’ Compensation, Etc., Act. 613 Office and the management and control of such business as if those provisions were enacted in this Act.” ; and (c) Repealing in subsection four the words “ State Accident Insurance Office ” and inserting, in lieu of those repealed words, the word “ Office 4. Section five of the Principal Act is amended Amendments by— of s. 5. (a) Repealing in subsection one the words “ by the Insurance Commissioner ” and inserting, in lieu of those repealed words, the words “ by or on behalf of the Office ”; (b) Repealing in subsection one the words “ State accident insurance business ” and inserting, in lieu of those repealed words, the words “accident insurance business undertaken or carried on by or on behalf of the Office ” ; (c) Repealing subsection two ; and (d) Repealing in that section as heretofore amended by this section the brackets and numeral “ (1) 5. Section six of the Principal Act is amended by—• Amendments (a) In subsection one repealing the words “ by the ° 8‘ ‘ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ by or on behalf of the Office ” ; (b) In subsection one repealing the words “ shall be issued ”, where those words secondly appear, and inserting, in lieu of those repealed words, the words “ shall be deemed to be issued ” ; and (c) In subsection two repealing the words “ a State Accident Insurance policy ” and inserting, in lieu of those repealed words, the words “ any policy of accident insurance issued or deemed to be issued by or on behalf of the Office under this Act ”. 6. Section eight of the Principal Act is aijnended Amendments by— | ofs‘8- (a) Repealing the words “ Insurance Commissioner ”, wherever appearing, and by inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; and

614 Workers’ Compensation, Etc., Act. 9 Buz. II. No. 3, (6) In subsection four repealing the words “ if he thinks fit ” and inserting, in lieu of those repealed words, the words “ if it thinks fit Amendments 7. Subsection two of section nine of the Principal of s.9(2). Act is amended by in the last paragraph— (а) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (б) Repealing the words “ State accident insurance policies issued under this Act ” and inserting, in lieu of those repealed words, the words “ accident insurance policies issued or deemed to be issued by or on behalf of the Office under this Act ” ; and (c) Repealing the word “ he ” and inserting, in lieu of that repealed word, the word “ it Aofms.en1d3m( 1e) n.t Princ8ip. aSl ubAsecct tioisn aomneendoedf sbeyctiorenpeathliinrgteetnhe ofwotrhdes “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office Amendments of s. 14 a . 9. Section 14 a of the Principal Act is amended by— (а) Repealing the word “ Commissioner ”, wherever appearing, and inserting, in lieu of such repealed word, wheresoever repealed, the word “ Office ” ; and (б) Repealing in paragraph (c) of subsection eight the word “ he ” and inserting, in lieu of that repealed word, the word “ it ”. Amendments 10. Section 14 b of the Principal Act is amended of a. 14 b . by— (a) In the proviso to subsection one repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (b) In paragraph (i.) of provision B of subsection two repealing the word “ Commissioner ” and inserting, in lieu of that repealed word, the word “ Office ” ; (c) In subsection three—■ (i.) Repealing the words “ Insurance Commissioner,” wherever appealing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ”; and

1960. Workers’ Compensation, Etc., Act, (ii.) Repealing paragraph (a) and inserting, in lieu of that repealed paragraph, the following paragraph :— “ (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; and (ii.) A duly qualified medical practitioner with a knowledge of the diagnosis of the pneumoconioses, nominated by the Director- General of Health and Medical Services ; and (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.” ; (d) In subsection four repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (e) In subsection seven repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (/) In subsection seven repealing the words “ State accident insurance policies issued under this Act ” and inserting, in lieu of those repealed words, the words “ accident insurance policies issued by or on behalf of the Office under this Act ” ; (g) In subsection seven repealing the word “ he ” and inserting, in lieu of that repealed word, thie word “ it ”; (h) In subsection eight repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; and (i) In subsection nine repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ”. | 615

616 Workers9 Compensation, Etc., Act. 9 E liz . IX. No. 3, Amendments 11. Section 14 d of the Principal Act is amended of s. 14 d . by— (a) Repealing in subsections one, three and five the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; (b) Repealing in subsection six the word “ Commissioner ”, wherever appearing, and inserting, in lieu of that repealed word, wheresoever repealed, the word “ Office ” ; (c) Repealing in subsection six the words “ he approves ” and inserting, in lieu of those repealed words, the words “ it approves ” ; and (d) Repealing in subsections seven and eight the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ”. Amendment 12. Section fifteen of the Principal Act is amended of s.15. by repealing the words “ State accident insurance ” and inserting, in lieu of those repealed words, the words “ accident insurance undertaken by the Office Amendment 13. Subsection two of section sixteen of the of s. 16 (2). Principal Act is amended by repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ”. Amendment 14. Section 19 a of the Principal Act is amended of s. 19 a . by repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ”. Amendments 15. Section 19 d of the Principal Act is amended of s. 19 d , by— . (a) Repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; (b) Repealing the word “ his ”, where secondly appearing, and inserting, in lieu of that repealed word, the word “ its ” ; and (c) Repealing the word “ he ”, where secondly appearing, and inserting, in lieu of that repealed word, the word “it”.

1960. Workers’ Compensation, Etc., Act. 617 Princ1ip6a.lSAucbtseisctaiomnendtwedo byo— f section twenty of the oAfms. en2d0m( 2e) n.ts (a) Repealing in subparagraphs (i.), (vi.), (vii.), (ix.) and (x.) of the first paragraph the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; (b) Repealing in paragraph (a) of subparagraph (vi.) of the first paragraph the words “ if he deems it just ” and inserting, in lieu of those repealed words, the words “ if it deems just ” ; (c) Repealing in subparagraph (xv.) of the first paragraph the words “ Insurance Commissioner or his deputy ” and inserting, in lieu of those repealed words, the words “ General Manager or Deputy General Manager or of any specified officer appointed under this Act ” ; and (d) Repealing in subparagraph (xvi.) of the first paragraph the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the words “ General Manager 17. The Schedule to the Principal Act is amended oAfmSecnhdemduelne. ts by— (a) Repealing clause one and inserting, in lieu of that repealed clause, the following clause :— “ 1. (2.) The General Manager may, in relation to any particular Delegation mDeapttuetryorGcelnaesrsaol fMmaantategresr, oorr taonyanoyffpicaerrticouflatrheplaOcfef, icdee, lesguacthe toof thhies obMfyahnGiasegnpeeorrw. ael rs functions, powers, authorities or duties under this Act (other than this power of delegation) as he thinks fit so that any delegated such power, function, authority or duty may, subject to this Act, be exercised or performed by the Deputy General Manager or other such officer with respect to that particular matter or class of matters, or to the place, specified in the instrument of delegation. (2.) Where the exercise or performance of any power, function, authority or duty is dependent upon the opinion, belief or state of mind of the General Manager in relation to any matter, that power, function, authority or duty may be exercised or performed by the Deputy General Manager or officer to whom it is delegated, upon his opinion, belief or state of mind. (3.) Every delegation shall be revocable by the General Manager at his will, and no delegation shall prevent the exercise or performance of the delegated power, function, authority or duty by the General Manager.

618 Workers’ Compensation , Etc., Act, 9 E liz . II. No. 3, (4.) All Courts, Judges, justices and persons acting judicially shall take judicial notice of the seal of the Office or signature of the General Manager or Deputy General Manager affixed to any document or other writing and, until the contrary is proved, shall presume that such seal or either such signature was duly affixed. (5.) In any proceeding a writing under the hand of the General Manager delegating to the Deputy General Manager or to any officer of the Office shall be conclusive evidence of the matters therein stated.”; (6) In subclause two of clause two repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the words “ General Manager ” ; (c) In subclause one of clause three— (i.) Repealing the words “ Insurance Commissioner ” and inserting, in Ueu of those repealed words, the words “ General Manager ” ; and (ii.) Repealing the words “ State Accident Insurance Office ” and inserting, in lieu of those repealed words, the word “ Office ” ; (d) In clause 3 a repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (e) In clause 3 b repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; ’ (/) In subclause one of clause 3c— (i.) Repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; (ii.) Repealing the word “ he ”, where first appearing in paragraph (a), and inserting, in lieu of that repealed word, the words “ the Office ” ; (iii.) Repealing the words “ He shall in every case give notice of his decision to the person objecting ”, where appearing in paragraph (d), and inserting, in lieu of those repealed words, the words “ The Office shall in every such case give notice of its decision upon the objection to the person objecting ” ; (iv.) Repealing the word “Commissioner”, where appearing in paragraph (/), and inserting, in lieu of that repealed^ word, the word “ Office ” ; and

1960. Workers’ Compensation, Etc., Act. (v.) Repealing the word “ him ”, where appearing in paragraph (/), and inserting, in lieu of that repealed word, the word “ it ” ; (/) In subclause one of clause 3 d — (i.) Repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; and (ii.) Repealing the words “ in his discretion ” and inserting, in lieu of those repealed words, the words “ in its discretion ” ; (g) In clause 3 b — (i.) Repealing the words “ and signed by the Insurance Commissioner ” and inserting, in lieu of those repealed words, the words “ and signed by the General Manager or a person thereunto authorised by him ” ; and (ii.) Repealing the words “ Insurance Commissioner ” where appearing in paragraphs (e) and (/), and inserting, in lieu of those repealed words in those paragraphs respectively, the word “ Office ” ; (A) In clause four—• (i.) Repealing the words “ Insurance Commissioner ”, where appearing in subclause one and inserting, in lieu of those repealed words, the word “ Office ” ; and (ii.) Repealing the words “ the Insurance Commissioner if he is satisfied ”, where appearing in subclause two, and inserting, in lieu of those repealed words, the words “ the Office if it is satisfied ” ; (j) In clause six repealing the words “ Insurance Commissioner ” and inserting, in lieu of those Repealed words, the word “ Office ” ; (k) In clause eight— (i.) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, tlhe word “ Office ” ; (ii.) Repealing the words “ he may, in his discretion ” and inserting, in lieu of those repealed words, the words “ it may, in its discretion ” ; and (iii.) Repealing the words “ as he thinks proper ” and inserting, in lieu of those repealed words, the words “ as it thinks proper ” ; 619

620 Workers’ Compensation, Etc., Act. 9 Buz. II. "No. 3, (l) In clause eleven repealing the words “ Insurance Commissioner” and inserting, in lieu of those repealed words, the word “ Office ” ; (m) In clause thirteen repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; (n) In clause fourteen repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (o) In clause sixteen repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (p) In clause seventeen— (i.) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (ii.) Repealing the word “ Commissioner ” and inserting, in lieu of that repealed word, the word “ Office ” ; (iii.) Repealing the words “ if in his opinion ” and inserting, in lieu of those repealed words, the words “ if in its opinion ” ; and (iv.) Repealing the words “ he thinks just ” and inserting, in lieu of those repealed words, the words “ it thinks just ” ; ( q ) In clause 17 a — (i.) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “Office”; and (ii.) Repealing the word “ Commissioner ” and inserting, in lieu of that repealed word, the word “ Office ” ; (r) In clause eighteen— (i.) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (ii.) Repealing the word “ Commissioner ” and inserting, in lieu of that repealed word, the word “ Office ” ;

1960. Workers* Compensation, Etc., Act. (iii.) Repealing the words “ if in his opinion ” and inserting, in lieu of those repealed words, the words “ if in its opinion ” ; and (iv.) Repealing the words “ he thinks just ” and inserting, in lieu of those repealed words, the words “ it thinks just ” ; (s) In clause 18 a — (i.) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “Office”; and (ii.) Repealing the word “ Commissioner ” and inserting, in lieu of that repealed word, the word “ Office ” ; (t) In clause nineteen repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, the word “ Office ” ; (u) In clause twenty— (i.) Repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; and (ii.) Repealing the words “ according to his discretion ” and inserting, in lieu of those repealed words, the words “ according to its discretion ” ; (v) In clause twenty-two repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; (w) In subclause one of clause twenty-three— (i.) Repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office ” ; and (ii.) Inserting after the word “ State ” the word “ Accident ” ; . ( x) In clause twenty-four repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; (y) In clause 24 a repealing the words “ Insurance Commissioner ”, wherever appearing, and inserting, in lieu of those repealed words, wheresoever repealed, the word “ Office ” ; 621

622 Workers’ Compensation, Etc., Act. 9 E liz . II. No. 3, 1960. (z) In clause twenty-five repealing the words “ Insurance Commissioner ” and inserting, in lieu of those repealed words, the word “ Office 55; and (aa) In clause twenty-nine repealing the first paragraph and inserting, in Ueu of that repealed paragraph, the following paragraph :— “ The Office may, on such terms and conditions as it deems equitable, reinsure the whole or any portion of any risk accepted by it under or by virtue of this Act with any one or more of the funds created in respect of the Office under " The State Government Insurance Office (Queensland) Act of I960,*’ and may accept reinsurance with the State Accident Insurance Fund of the whole or any portion of any risk accepted by it under such Act.”