Workers' Compensation Acts Amendment Act of 1961 (10 Eliz ll No. 30) (Qld)

92 @ueenslanct ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE • • • t t t t t • e t f t t t e t t t t t t e t t t t e t t OO I e e t t • t t e t e t t t t t t t t No. 30 An Act to Amend "The Workers' Compensation Acts, 1916 to 1960," in certain particulars [ASSENTED TO 24TH NOVEMBER, 1961] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative 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 1961." .Principal (2) " The Workers' Compensation Acts, 1916 to Act 1960," 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 1961 ."

1961 Workers' Compensation, Etc., Act 93 2. Section three of the Principal Act is amended- ~~~~dments (a) by omitting in subsection (1) thereof the definition of " Queensland ship " and inserting in its stead the following definition :- " " Queensland ship "-Any ship, vessel, boat, or 3ii:nsland other craft- (a) which is owned by the Crown in the right of the State of Queensland or in the possession of the Crown in that right by virtue of a charter, and on which seamen are employed by or under the Crown in that right or by or under any Department of the Government of the State ; or (b) which is a coaster ; or (c) whose first port of clearance and whose destination are in Queensland ; " ; and (b) by omitting in subsection (1) thereof from the definition of " Seaman " the word " Queensland ". 3. Section nine of the Principal Act is amended Amendment by omitting from the last paragraph of subsection (2) ors. 9 the words " to employers of workers whose employment is not wholly carried out in Queensland but is, with the knowledge and consent of his employer " and inserting in their stead the words " to any employer of a worker whose employment is not wholly carried out in Queensland but is, with the knowledge and consent of that employer ". 4. Section eleven of the Principal Act is repealed and, Repeal of m . 1 1 · eu o f t h at repeaIed sect1. 0n, t h e 1 ~ 0 11 owm . g sect . ion 1 . s and news · 11 inserted :- " [JJ .] Notwithstanding anything contained in this Seamen Act- (]) (a) A seaman shall not be entitled to receive any compensation under this Act unless, at the time of the event which gives rise to the claim for compensation, he is employed on a Queensland ship. (b) An employer shall not be required to make application for or to maintain a policy in respect of any seaman employed by him unless that seaman is employed on a Queensland ship.

94 Workers' Compensation, Etc., Act 10 ELIZ. II. No. 30, (2) This Act applies in respect of an injury happening to a seaman employed on a Queensland ship, if the injury arises in the course of his employment, and happens while that ship is in any Queensland port or within Queensland territorial waters or is temporarily outside Queensland waters in exercise of its normal business or due to mishap or stress of weather. (3) This Act also applies in respect of a seaman employed on a Queensland ship who has received an injury on his journey to or from the place of employment or (being in the course of his employment or while under his employer's instructions) away from the place of employment, or who is further injured on his direct journey to obtain a medical certificate, or to receive medical, surgical, or hospital treatment or compensation, or on his journey to his place of abode after receiving such certificate, treatment or compensation." Amendment 5. Section 14B of the Principal Act is amended of S. 14B by omitting from subparagraph (i) of paragraph (a) of subsection (3) the words " Insurance Commissioner " and inserting in their stead the words " General Manager". Amendments of s. 14c 6. Section 14c of the Principal Act is amended- (a) by inserting after paragraph (b) of subsection (1) thereof the following paragraphs :- " (c) Meetings of such board shall be presided over by the chairman or, in his absence, by one of the members of such board appointed in writing by the chairman to act as chairman in his stead. (d) Any member appointed as aforesaid to act as chairman shall, while he so acts, have all the powers and perform all the duties, and may exercise all the jurisdiction and authority of the chairman. (e) On any occasion when any member of such board acts as aforesaid as chairman he shall be presumed to have done so with due authority unless and until the contrary is proved, and the fact that any member of such board has acted as chairman shall in no way affect the validity of any act or determination of such board." ; (b) by renumbering paragraph (c) of subsection (1) thereof as paragraph (f) ; (c) by renumbering paragraph (d) of subsection (I) thereof as paragraph (g) ; and

1961 Workers' Compensation, Etc., Act 95 (d) by inserting after subsection (1) thereof the following subsection :- duly " q ( u l a a l ) ifi ( e a d ) TmheediGcaolveprrnaoctritiinonCeorusnwcihl omaayreappphoyisnict isainx CAmaletrmedrbinaeacrtse of specialists experienced in cardiology, as alternate Board members of such board. (b) An alternate member of such board 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. (c) In the case of the illness, inability, absence, or unavailability for any cause, of any member of such board, or of any vacancy in the office of such a member, any alternate member designated by the chairman shall act as a member of such board, and shall while he so acts have all the powers and perform all the duties, and may exercise all the jurisdiction and authority of a member other than the chairman. (d) On any occasion when any alternate member acts as member of such board he shall be presumed to have done so with due authority unless and until the contrary is proved, and the fact that any alternate member of such board has acted as a member of such board shall in no way affect the validity of any act or determination of such board." 7. (1) Section seventeen of the Principal Act is Amendments amended- ofs. 17 (a) by adding to subparagraph (a) of the third paragraph, after the words "between them ;", the word " and " ; and (b) by omitting from the third paragraph the words- " and (c) the money is taken pursuant to prior agreement in writing between the employer and the share-farmer ". (2) Notwithstanding the enactment of subsection (1) of this section, section seventeen of the Principal Act shall, until the thirtieth day of June, one thousand nine hundred and sixty-two, continue to apply in relation to share-farming agreements terminable at will and in force immediately prior to the commencement of this Act, in all respects as if subsection (1) of this section had not been enacted.

96 Workers' Compensation, Etc., Act 10 Euz. II. No. 30, Amendments of s. 20 8. Section twenty of the Principal Act is amended- (a) by omitting from paragraph (ii) of subsection (2) the word " State " ; (b) by inserting in paragraph (ii) of subsection (2) after the words " accident insurance contracts " the words " entered into by or on behalf of the Office under this Act " ; and (c) by omitting from paragraph (iv) of subsection (2) the words " the State accident insurance business " and inserting in their stead the words " accident insurance business undertaken or carried on by or on behalf of the Office under this Act ". !?sci!~ii~t 9. The Schedule to the Principal Act is amended by omitting clause IA.