Workers' Compensation Acts Amendment Act of 1960 (No. 2) (9 Eliz Ii No. 47) (Qld)

417 (§umtsUmfr ANNO NONO ELIZABETHAE SECUNDAE REGINAE. No. 47. An Act to Amend "The Workers' Compensation Acts, 1916 to I960," In certain particulars. [A ssented to 16 th D ecember , I 960 .] 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 1960 (No. 2).” (2.) “ The Workers' Compensation Acts, 1916 to Principal 1960,” are in this Act referred to as the Principal Act. Aot' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Workers' Compensation Acts .t,tIe* 1916 to 1960.” 14

418 Workers9 Compensation, Etc., Act (No. 2) 9 E liz II. No. 47, Aofm8.en3d(m1)e.nt Act 2 is . aSmubensedcetdionbyonoemoifttsinegctiothnethdreefeinoitfiotnhe“ PIrnijnucriypa”l and inserting in its stead the following definition:— Injury. “ “ Injury ” means (without in any wise limiting the operation and scope of section nine of this Act) personal injury arising out of or in the course of employment, and includes— (а) A disease which is contracted by the worker in the course of his employment whether at or away from his place of employment and to which the employment was a contributing factor ; and (б) The aggravation or acceleration of any disease where the employment was a contributing factor to such aggravation or acceleration, but does not include those diseases as specified in section 14 b of this Act; Amendment 3. Subsection one of section fourteen of the of s. 14 (1). Principal Act is amended by adding to provision (B) the following paragraph “ (/) Where, pursuant to a reference under section 14c of this Act, the cardiac board has determined that the injury in question has occasioned permanent partial incapacity for work in the occupation in which the worker was engaged at the time of the injury and the extent of such incapacity, the General Manager may make, as compensation for such injury, a lump sum payment of the proportionate amount of the total liability prescribed by paragraph (e) of this provision (B), and the worker shall not, in respect of such injury, be entitled to compensation under this provision (B) in respect of any period of time after the making of such payment.” New s. 14o inserted. Medical board in respect of cardiac disease. 4. The Principal Act is amended by inserting, after section 14 b , the following section :— “ [14c.] ( 1 .) (a) For the purposes of this section there shall be a cardiac board constituted by-— (i.) A duly qualified medical practitioner nominated by the General Manager ;

1960. Workers’ Compensation, Etc., Act (No. 2) (ii.) Two duly qualified medical practitioners who are physician specialists experienced in cardiology, 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. Such board shall appoint one of its members to be its chairman. (6) 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 General Manager. (c) A secretary to such board may be appointed by the General Manager. (d) Determinations of such board shall be by majority. (2.) The General Manager may refer to such board any claim for compensation under this Act in respect of alleged injury by— (a) Cardiac disease contracted by the worker in the course of his employment, whether at or away from his place of employment, and to which the employment was a contributing factor; or (b) The aggravation or acceleration of cardiac disease where the employment was a contributing factor to such aggravation or acceleration. (3.) Such board shall determine whether or not the matters alleged by the claimant constitute an injury under and within the meaning of this Act and, if so, the nature thereof and the extent of the incapacity for work in the occupation in which the worker concerned was engaged at the time of the injury occasioned thereby, and whether such incapacity is permanent or temporary. Where the General Manager has admitted that the matters alleged by the claimant constitute an injury under and within the meaning of this Act and the nature 419

420 Workers' Compensation, Etc., Act (No. 2) 9 E liz II. No. 47, thereof, such hoard shall determine the extent of the incapacity occasioned by the injury and whether such incapacity is permanent or temporary. In the case of any reference the board may defer from time to time, but for not longer than three months at any one time, the determination of the extent of the incapacity occasioned by the injury and whether such incapacity is permanent or temporary. The claimant shall he entitled to appear before and be heard by such board and to be represented by counsel, solicitor or agent. (4.) In the case of a claim in respect of non-fatal injury, such board or any member thereof may make, at any time or from time to time, a personal medical examination of the claimant or such board may arrange for such an examination by a duly qualified medical practitioner named by it. If the claimant fails to appear for a personal medical examination by such board or any member thereof or any duly qualified medical practitioner named by it, at a day, time and place whereof he has received not less than seven days’ prior notice in writing from the secretary of such board or the General Manager or, so appearing, refuses to be medically examined by such board or any member thereof or such duly qualified medical practitioner, or in any way obstructs such examination, his claim for compensation under this Act shall be suspended until he undergoes such examination or such medical board, with the concurrence of the General Manager, exempts him from such examination. (5.) The determination by the cardiac board constituted under this section as to whether or not the matters alleged by the claimant in any claim for compensation referred to it under this section constitute an injury under and within the meaning of this Act and, if so, the nature thereof, the extent of the incapacity occasioned thereby, and whether such

1960. Workers’ Compensation, Etc., Act (No. 2) 421 incapacity is permanent or temporary shall be final and conclusive, and where such determination is made by such board the claimant in question shall have no right to have any of those matters heard and determined by an industrial magistrate or, by way of appeal or otherwise, any court or judicial tribunal whatsoever. , (6.) Save as prescribed by subsection five of this section, this section applies so as not to limit in relation to a claim for compensation referred to the cardiac board under this section 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. (7.) 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 section, for ensuring attendances before such board of persons thereunto required by the General Manager, the taking by such board of evidence on oath, the remuneration of the members thereof and otherwise to give full effect to the provisions and objects of this section. (8.) This section applies in respect of claims for compensation under this Act made after the enactment of this section.” 5. The Principal Act as amended by section two Retrospec- of this Act applies retrospectively with respect to injuries tivity. which occurred prior to the passing of this Act— (a) Where, having duly notified the State Government Insurance Office that he requires such reference, the applicant for compensation makes, or on or after the first day of January, one thousand nine hundred and fifty-nine, shall have made to a clerk of petty sessions, as prescribed, application with respect to the reference of such matter for hearing and determination by an industrial magistrate, but such hearing and determination shall not nave been commenced before the passing of this Act or

422 Workers9 Compensation, Etc., Act (No. 2). 9 E liz . II. No. 47,1960. (6) Where, the matter of the claim for compensation haying been duly referred to an industrial magistrate for hearing and determination (whether before or after the first day of January, one thousand nine hundred and fifty-nine) the magistrate shall • have heard any evidence on or after the first day of January, one thousand nine hundred and fifty-nine, but such hearing and determination shall not have been completed before the passing of this Act. By Authority: S. G. R eid , Government Printer, Brisbane—1960