Workers' Compensation Acts Amendment Act of 1962 (Qld)

236 <Outmslnnb ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE ee I I t I IIIII II III t I II IIII IIIIII I t IIIII I II IIII IIII IIII No. 29 of 1962 An Act to Amend "The Workers' Compensation Acts, 1916 to 1961," in certain particulars [ASSENTED TO 18TH DECEMBER, 1962] BE 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:- !. (1) Short tide. This Act may be cited as "The Workers' Compensation Acts Amendment Act of 1962." (2) Principal Act. "The Workers' Compensation Acts, 1916 to 1961," are in this Act referred to as the Principal Act. (3) Collective tide. The Principal Act and this Act may be collectively cited as "The Workers' Compensation Acts, 1916 tc> 1962."

Workers' Compensation Acts Amendment Act of 1962, No. 29 (4) Commencement of sections 3, 4 and 5. Sections three, four and five of this Act shall come into operation on the first day of July, one thousand nine hundred and sixty-three. 2. Amendments of s. 3. Section three of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the definition "Accident Insurance" and inserting in its stead the following definition:- " "Accident Insurance"-Insurance indemnifying an employer against all sums for which, in respect of injury to any worker employed by him, he may become legally liable by way of- (a) compensation under this Act; and (b) in case of injury as aforesaid suffered on and after the first day of July, one thousand nine hundred and sixty-three (except such an injury in respect whereof the employer is required by some other Act to provide against such liability as prescribed by such other Act) damages arising under circumstances creating also, independently of this Act, a legal liability in the employer to pay damages in respect of that injury;"; (ii) adding to the definition "Employer" the words "The term includes a person deemed by this Act to be an employer for the purposes of this Act"; (iii) adding to the definition "Injury" the following paragraph:- .. Loss of hearing caused by the condition known as industrial deafness shall be deemed to be personal injury for the purposes of this definition." ; (iv) omitting the definition "Policy" and inserting in its stead the following definition:- " "Policy"-An accident insurance policy issued by the State Government Insurance Office (Queensland) under this Act;" (v) adding to the definition "Worker" the words "The term includes a person deemed by this Act to be a worker for the purposes of this Act"; (b) in subsection (2) omitting the proviso; (c) omitting subsection (3B) and inserting in its stead the following subsection:- "(3B) Notwithstanding paragraph (c) of the definition "Worker" in subsection (1) of this section, except as hereinafter provided in this subsection every share-farmer and every wages-man, whether a member of the share-farmer's family or not, employed by any share-farmer shall for the purposes of this Act be deemed to be a worker employed by the owner of the farm: Provided that every share-farmer who provides and uses farm machinery driven or drawn by mechanical power in connection with his share-farming operation and who receives not less than two-thirds of the proceeds of the share-farming agreement shall not be deemed to be a 237

238 Workers' Compensation Acts Amendment Act of 1962, No. 29 worker for the purposes of this Act and, for the purposes of this Act, the owner of the farm shall not be deemed to employ as a worker any wages-man employed by such share-farmer." 3, Amendments of s. 4. Section four of the Principal Act is amended by- (a) omitting the last paragraph of subsection (1); (b) inserting after subsection (1) the following subsection:- "(2) The Office shall at all times carry on the business of accident insurance." ; (c) renumbering subsections (2), (3), (4) and (5) to be respectively subsections (3), (4), (5) and (6). 4. Amendments of s. 8. Section eight of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsections:- "(l) Every employer shall be legally liable to pay the compensation which this Act prescribes a worker employed by him shall receive out of the State Accident Insurance Fund in accordance with this Act. Every employer shall insure himself and keep himself insured with the Office against all sums for which, in respect of injury to any worker employed by him, he may become legally liable by way of- (a) compensation under this Act; and (b) in the case of injury as aforesaid suffered on or after the first day of July, one thousand nine hundred and sixty-three, (except such an injury in respect whereof the employer is required by some other Act to provide against such liability as prescribed by such other Act) damages arising under circumstances creating also, independently of this Act, a legal liability in the employer to pay damages in respect of that injury. (2) An employer shall fail to comply with this section- (a) if, immediately after he commenced to employ a worker or workers, he did not make application in the prescribed form to the Office for a policy of accident insurance for the full amount of his liability to pay, in respect of injury to any worker or workers, compensation under this Act or the damages other than compensation under this Act specified in subsection (1) of this section; or (b) if, having applied as prescribed by paragraph (a) of this subsection for a policy of accident insurance, and having obtained such policy, he has not maintained it in force at all times whilst he is an employer by- (i) in respect of workers employed by him making at the time and in the manner prescribed any and every prescribed annual or other periodical return; and (ii) paying at the time and in the manner prescribed, any and every premium prescribed to be payable in respect of such policy or the renewing thereof for any year or other period of time.";

Workers' Compensation Acts Amendment Act of 1962, No. 29 (b) renumbering subsections (2) and (2A), to be respectively subsections (3) and (4); (c) by omitting subsection (3) and inserting in its stead the following subsection:- "(5) Where any employer has failed to comply with the requirements of this section in respect of any worker employed by him and moneys are paid to such worker from the State Accident !nsurance Fund, the Office may recover the amount so paid from such employer in the manner hereinafter provided. Every such amount may be so recovered by the Office whether or not the employer concerned has been proceeded against for an offence under this Act in respect of his failure to comply with this section."; and (d) by renumbering subsection (4) to be subsection (6). S. New s. 9A inserted. The Principal Act is amended by inserting after section nine the following section:- " [9A.] Damages. (1) Where an injury in respect whereof a worker is entitled under subsections (1) or (2) of section nine of this Act to receive compensation from the State Accident Insurance Fund was received by the worker under circumstances creating also, independently of this Act, a legal liability in the employer to pay damages in respect of that injury (except an injury in respect whereof the employer is required by some other Act to provide against such liability as prescribed by such other Act)- (a) the amount of such damages which the employer is legally liable to pay shall, notwithstanding any other Act or law, be reduced by the total amount of the compensation (which shall include medical, hospital, travelling and other e~penses) prescribed by this Act to be made from the Fund in respect of the injury in question; and (b) subject to this section, the worker or his dependents shall receive from the State Accident Insurance Fund such reduced amount. The Court by which damages are awarded in respect of an injury to which this section applies shall, upon the application of the worker or the Office, determine the total amount of compensation prescribed by this Act which is to be made from the Fund in respect of such injury and such determination shall be binding upon the worker and the Office. (2) Where in respect of an injury to which subsection (1) of this section applies, a worker claims, by or in any action or other proceedings whatsoever in any Court, against his employer any sum for damages which the worker alleges the employer is legally liable to pay in respect of such injury, then the worker shall serve upon the Office a copy of the writ of summons, summons, notice, order, counter-claim or other process by which that claim is made and shall before any other step is taken by him in such action or other proceedings file in the Court concerned an affidavit as to such service. The Office may at any time during the proceedings taken or had to enforce the claim elect to be joined with the employer by filing in the Court concerned a notice in writing to that effect. 239

240 Workers' Compensation Acts Amendment Act of 1962, No. 29 This subsection does not apply- (a) where the action or other proceedings is or are taken outside Queensland; or (b) to any application for the leave of the Court concerned to issue any process a copy whereof is required by this subsection to be served upon the Office. (3) If the Office files in the Court concerned the notice of election referred to in subsection (2) of this section in respect of a claim to which that subsection applies- (a) the Office shall be entitled to the conduct on behalf of the employer of all proceedings had or taken to enforce the claim, and for the settlement of any question arising with respect thereto, unless the Office, by writing, permits the employer to conduct such proceedings; (b) the employer shall immediately when required by the Office so to do sign and execute all such documents as the Office may from time to time consider necessary to enable the proceedings as aforesaid to be conducted by the Office: Provided that if the employer is absent from Queensland, or cannot be found by the Office, or fails, by refusing or being unable so to do or by any reason otherwise soever, to sign or execute all or any documents so required to be signed or executed by him, all such documents as are required by the Office to be signed or executed and which are not signed or executed may be signed and executed on behalf of that employer by the Office. (4) Every claim to which subsection (2) of this section applies, made by or in an action or other proceedings in the Supreme Court of Queensland or a District Court in Queensland shall be heard and determined by a Judge without a jury. (5) The provisions, other than this section of this Act relating to the recovery by a worker from his employer of damages for which the employer is, independently of this Act, legally liable in respect of injury to such worker, shall apply subject to .this section. (6) Section sixteen and clause 24A of the Schedule to this Act do not apply to an injury in respect whereof the provisions of this section apply. (7) In respect of an injury to which subsection (1) of this section applies received by a wages-man to whom subsection (2,, (3) or (3B) of section three of this Act applies under circumstances creating a legal liability in the contractor, tributer or share-farmer by whom such wages- man is employed to pay damages in respect of that injury, the person who made the contract with such contractor, the person with whom the tribute agreement was made by the tributer, or the owner of the farm shall, notwithstanding any Act or law or rule of law (but subject in the case of the owner of a farm to his being deemed under the said subsection (3B) to be the employer of the share-farmer) be deemed the employer of both such wages-man and contractor, tributer or, as the case may be, share- farmer."

Workers' Compensation Acts Amendment Act of 1962, No. 29 6. Amendments of s. 14 (1). Subsection (1) of section fourteen of the Principal Act is amended by- (a) in paragraph (i) of provision A- (i) omitting the words "three thousand pounds" and inserting in their stead the words "three thousand three hundred pounds"; (ii) omitting the words "one hundred pounds" and inserting in their stead the words "one hundred and ten pounds"; (iii) inserting after the words "child and stepchild of the worker under sixteen years of age" the words ",or of or over the age of sixteen years but under the age of twenty-one years and in receipt of full-time education at a school, college, university or similar institution,"; (iv) omitting the words "three hundred pounds·• and inserting in their stead the words "six hundred and sixty pounds"; (b) omitting the words "two hundred and fifty pounds" in paragraph (ii) of provision A and inserting in their stead the words "five hundred and fifty pounds"; (c) omitting the words "one hundred pounds" in paragraph (iii) of provision A and inserting in their stead the words "two hundred and twenty pounds"; (d) omitting the words "two hundred pounds" in paragraph (iv) of provision A and inserting in their stead the words "four hundred and forty pounds"; (e) in provision B- (i) omitting the words "four pounds" in paragraph (c) and inserting in their stead the words "five pounds"; (ii) omitting the words "two pounds and ten shillings" in paragraph (cl) and inserting in their stead the words "three pounds and three shillings" ; (iii) in paragraph (d)- (a) inserting after the words "For each child and stepchild under sixteen years of age" the words ", or of or over the age of sixteen years but under the age of twenty-one years and in receipt of full-time education at a school, college, university or similar institution,"; (b) omitting the words "fifteen shillings" and inserting in their stead the words "nineteen shillings"; (iv) in paragraph (dl)- (a) in subparagraph (i) omitting the words "two pounds ten shillings" and inserting in their stead the words "three pounds and three shillings"; (b) in subparagraph (ii)- (i) omitting the words "fifteen shillings" and inserting in their stead the words "nineteen shillings"; (ii) inserting the words "or of or over the age of sixteen years but under the age of twenty-one years and in receipt of full-time education at a school, college, university or similar institution, and" after the words "each brother and sister under sixteen years of age"; 241

242 Workers' Compensation Acts Amendment Act of 1962, No. 29 (iii) adding to paragraph (a) of the proviso the words ", or of or over the age of sixteen years but under the age of twenty-one years and in receipt of full-time education at a school, college, university or similar institution, and totally or mainly dependent upon the earnings of the injured worker"; (v) omitting in paragraph (e) the words "three thousand three hundred pounds" and inserting in their stead the words "three thousand six hundred pounds"; and {/) in provision C- (i) omitting in the first proviso to the first subparagraph of paragraph (d) the words "three thousand three hundred pounds" and inserting in their stead the words "three thousand six hundred pounds"; (ii) omitting in paragraph (/) the words "three thousand three hundred pounds" and inserting in their stead the words "three thousand six hundred pounds"; (iii) inserting after paragraph (g) the following paragraph:- "(h) In the case of loss of hearing caused by the condition known as industrial deafness the personal injury shall, for the purpose of determining the worker's entitlement to compensation under the said table, be deemed to have happened at the time when such worker makes his claim therefor, but any compensation previously paid under the said table to the worker in respect of loss of hearing (and whether or not caused by the condition known as industrial deafness) shall be deducted from the compensation payable under the said table."; and (iv) omitting the Table set forth thereunder and inserting in its stead the following Table:- .. Table Nature of Injury Amount Payable Loss of both eyes Loss of an only eye Loss of both hands Loss of both feet Loss of a hand and a foot Total and incurable loss of mental powers involving inability to work .. Total and incurable paralysis of the limbs or of mental powers .. Loss of the sight of one eye, together with the serious diminution of the sight of the other eye Loss of the sight of one eye •• Loss of hearing .. Loss of speech .. Complete deafness of one ear .. I Loss of an arm .. Loss of a hand or of five fingers of a hand or of the lower part of an arm Loss of a thumb .. .• .. .. .. .. .. .. Loss of a joint of a thumb • • . • • . . . • . . . . . £ 3,600 3,600 3,600 3,600 3,600 3,600 3,600 2,200 1,070 1,600 1,600 715 2,100 1,760 715 440

Workers' Compensation Acts Amendment Act of 1962, No. 29 Table-continued Nature of Injury Amount Payable Loss of a forefinger Loss of the distal joint of a forefinger Loss of two joints of a forefinger Loss of the middle or the ring or the little finger Loss of the distal joint of the middle or the ring or the little finger Loss of two joints of the middle or ring or little finger Loss of a leg a Loss of the lower part of leg Loss of a foot .. Loss of a great toe Loss of a joint of a great toe Loss of any other toe .. £ soo 275 440 275 185 240 1,925 1,650 1,600 500 275 220" 7. Amendment ofs. 14A. Section 14A. of the Principal Act is amended by- (a) in subsection (4), omitting the words "three thousand three hundred pounds" and inserting in their stead the words "three thousand six hundred pounds"; and (b) in subsection (6), omitting the words "three thousand three hundred pounds" and inserting in their stead the words "three thousand six hundred pounds". 8. Amendments of s. 14B (2). Subsection (2) of section 14B of the Principal Act is amended by- (a) in provision A- (i) omitting the words "fifty pounds" in paragraph (i) and inserting in their stead the words "one hundred potmds"; (ii) omitting the words "fifteen shillings" in paragraph (iii) and inserting in their stead the words "nineteen shillings"; (iii) inserting after paragraph (iii) the following paragraph:- "and (iv.) For each child of or over the age of sixteen years but under the age of twenty-one years in receipt of full-time education at a school, college, university or similar institution and who was totally or mainly dependent upon the earnings of the worker the sum of nineteen shillings per week until the age of twenty-one years is reached or such child sooner ceases to receive such full-time education:"; (iv) in the proviso omitting the words "three thousand pounds" and inserting in their stead the words "three thousand three hundred pounds", and omitting the words "three hundred pounds" and inserting in their stead the words "six hundred and sixty pounds"; and (b) in provision B- (i) omitting the words "two pounds ten shillings" in paragraph (i. a) and inserting in their stead the words "three pounds three shillings"; (ii) omitting the words "fifteen shillings" in paragraph (ii) and inserting in their stead the words "nineteen shillings"; 243

244 Workers' Compensation Acts Amendment Act of 1962, No. 29 (iii) inserting after paragraph (ii) the following paragraph:- "and (iii.) For each child of or over the age of sixteen years but under the age of twenty-one years in receipt of full-time education at a school, college, university or similar institution and who is totally o; mainly dependent upon the earnings of the worker, a sum not exceeding nineteen shillings per week during the incapacity of the worker or until the age of twenty-one years is reached or such child sooner ceases to receive such full-time education:". 9. Amendments of s. 14D. Section 14D of the Principal Act is amended by- (a) in subsection (3) omitting the words "on~ hundred pounds", where appearing in paragraphs (i) and (ii), and inserting in their stead in those paragraphs respectively, the words "one hundred and twenty- five pounds"; (b) in paragraph (a) of subsection (5) omitting the words "three guineas", where those words appear twice and inserting in their stead, where so omitted twice, the words "nine guineas"; (c) in paragraph (b) of subsection (5) omitting the words "three shillings" and inserting in their stead the words "nine shillings" and omitting the words "one guinea" and inserting in their stead the words "three guineas"; (d) in paragraph (c) of subsection (5) omitting the words "one hundred pounds", where appearing in subparagraphs (i) and (ii), and inserting in their stead in those subparagraphs respectively, the words "one hundred and twenty-five pounds".