Workers' Compensation Acts Amendment Act of 1964 (Qld)

655 (QttLCItS[Mttit ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 58 of 1964 An Act to Amend "The Workers' Compensation Acts, 1916 to 1962," in certain particulars [ASSENTED TO 21ST DECEMBER, 1964] 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. (1) Short title . This Act may be cited as " The Workers' Compensation Acts Amendment Act of 1964." (2) Principal Act. " The Workers' Compensation Acts, 1916 to 1962," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Workers' Compensation Acts, 1916 to 1964." 2. Amendments to s. 14 (1). Subsection (1) of section fourteen of the Principal Act is amended by- (a) in provision (A),- (i) omitting from paragraph (i) the words " three thousand three hundred pounds ", the words " one hundred and ten pounds " and the words " six hundred and sixty pounds " and inserting in their stead respectively the words " three thousand six hundred pounds ", the words " one hundred and twenty-five pounds " and the words " seven hundred and ten pounds ";

656 Workers' Compensation Acts Amendment Act of 1964, No. 58 (ii) omitting from paragraph (ii) the words " five hundred and fifty pounds " and inserting in their stead the words " five hundred and ninety-five pounds "; (iii) omitting from paragraph (iii) the words " two hundred and twenty pounds " and inserting in their stead the words " two hundred and forty pounds "; (iv) omitting from paragraph (iv) the words " four hundred and forty pounds " and inserting in their stead the words " four hundred and seventy-five pounds "; (b) omitting provision (B) and inserting in its stead the following provision:- " (B) (a) Where total or partial incapacity for work results from the injury- (i) In the case of a male worker, a weekly payment during the incapacity not exceeding- (a) eighty per centum of his average weekly earnings during the last preceding twelve months or, if he has not been so long continuously employed, during the less period during which he has been continuously employed; or (b) the maximum weekly payment prescribed by paragraph (b) of this provision (B), whichever is the less. Where the incapacitated male worker is employed in a calling governed by an industrial award or industrial agreement his average weekly earnings shall be deemed to be not less than the weekly wage provided for him by such award or agreement; (ii) In the case of a female worker, a weekly payment during the incapacity not exceeding- (a) eighty per centum of her average weekly earnings during the last preceding twelve months or, if she has not been so long continuously employed, during the less period during which she has been continuously employed; or (b) eighty per centum of the basic wage, whichever is the less. (b) The maximum weekly payment referred to in subparagraph (i) of paragraph (a) of this provision (B) shall be as follows:- (i) when the basic wage is fifteen pounds six shillings per week, the sum of twelve pounds seventeen shillings; (ii) when the basic wage is less than fifteen pounds six shillings per week, an amount which is equal to eighty-four per centum of that wage; (iii) when the basic wage is more than fifteen pounds six shillings per week, an amount which is equal to eighty per centum of that wage or the sum of twelve pounds seventeen shillings, whichever is the greater. (c) In no case shall the weekly payment to which an adult worker who is totally incapacitated for work is entitled under paragraph (a) of this provision (B) during the incapacity be less than five pounds per week unless such worker was at the date of the injury which caused such incapacity in receipt of an age , invalid or widows' pension pursuant to the Social Services Act1947-1964 (or any Act passed in amendment of or substitution for that Act) of the Commonwealth, in which case such weekly payment shall be three pounds ten shillings per week.

Workers' Compensation Acts Amendment Act of 1964, No. 58 657 (d) Additionally to the weekly payment referred to in paragraph (a) of this provision (B), a weekly payment of an amount equal to twenty- three and one-half per centum of the basic wage shall be made in respect of- (i) the wife of an incapacitated male worker if she is totally or mainly dependent upon the earnings of such worker; or (ii) where there is no wife of an incapacitated male worker, one female if- (a) she is totally or mainly dependent upon the earnings of such worker; and (b) - (i) she is caring for a child or step-child of such worker who is under the age of sixteen years or, being of or above that age but under the age of twenty-one years, is receiving education on a full-time basis at a school, college, university or similar institution; or (ii) she is a member of such worker's family and is of or above the age of sixteen years, and a weekly payment of an amount equal to seven and one-half per centum of the basic wage shall be made in respect of- (iii) each child or step-child of the incapacitated worker who is- (a) under the age of sixteen years or, being of or above that age but under the age of twenty-one years, is receiving education on a full-time basis at a school, college, university or similar institution; and (b) totally or mainly dependent upon the earnings of such worker; or (iv) where there is no such child or step-child, each brother or sister of the incapacitated worker who is- (i) under the age of sixteen years or, being of or above that age but under the age of twenty-one years, is receiving education on a full-time basis at a school, college, university or similar institution; and (ii) totally or mainly dependent upon the earnings of such worker. (e) The aggregate of the weekly payments payable under this provision (B) shall not in respect of any week exceed the average weekly earnings referred to in paragraph (a) of this provision (B) and the liability to pay compensation under this provision (B) shall not exceed three thousand nine hundred and twenty-five pounds. Subject to the foregoing provisions of this paragraph ( e) such weekly payment shall continue to be made until- (i) the incapacity terminates; or (ii) a lump sum settlement is made with the incapacitated worker in respect of the injury concerned, whichever event first occurs, and no longer. (f) 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 a proportionate r.mount of the total liability prescribed by paragraph (e) of this provision (B), and the

658 Workers' Compensation Acts Amendment Act of 1964, No. 58 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. (g) In this provision (B) the term " basic wage " means- (i) in relation to a male incapacitated worker or any dependant of an incapacitated worker, whether male or female, the weekly basic wage for males; and (ii) in relation to a female incapacitated worker, the weekly basic wage for females, as declared for the time being by the Full Bench of the Industrial Commission under " The Industrial Conciliation and Arbitration Acts, 1961 to 1964." Every payment which is expressed by this provision (B) to be an amount equal to a per centum of the basic wage shall be calculated to the nearest sixpence." (c) in provision (C),- (i) omitting from the first proviso to paragraph (d) the words " three thousand six hundred pounds " and inserting in their stead the words " three thousand nine hundred and twenty-five pounds "; (ii) omitting from paragraph (f) the words " three thousand six hundred pounds " and inserting in their stead the words " three thousand nine hundred and twenty-five pounds "; (iii) omitting the Table set forth therein 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 .. .. 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 .. 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 .. .. .. .. ,. .. .. 3,925 3,925 3,925 3,925 3,925 3,925 3,925 2,375 1,155 1,730 1,730 775 2,265 1,935 775 475 540 305 475 305 240

Workers' Compensation Acts Amendment Act of 1964, No. 58 659 " Table- continued Nature of Injury Amount payable Loss of two joints of the middle or ring or little finger Loss of a leg Loss of the lower part of a leg .. . . Loss of a foot Loss of a great toe Loss of a joint of a great toe .. .. .. Loss of any other toe .. 275 2,090 1,780 1,730 540 305 240 " 3. Amendments to s. 14A. Section 14A of the Principal Act is amended by- (a) in subsection (4), omitting the words " three thousand six hundred pounds " and inserting in their stead the words " three thousand nine hundred and twenty-five pounds "; (b) in subsection (6), omitting the words " three thousand six hundred pounds " and inserting in their stead the words " three thousand nine hundred and twenty-five pounds ". 4. Amendments to s. 14B (2). Subsection (2) of section 14B of the Principal Act is amended by- (a) in provision A,- (i) omitting from paragraph (i) the words " one hundred pounds " and inserting in their stead the words " one hundred and thirty pounds "; (ii) omitting paragraphs (iii) and (iv) and inserting in their stead the following paragraphs:- (iii) for each child or step-child under the age of sixteen years who was totally or mainly dependent upon the earnings of the worker, the sum of one pound three shillings per week until the age of sixteen years is reached; and (iv) for each child or step-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 one pound three shillings per week until the age of twenty-one years is reached or such child or step-child sooner ceases to receive such full time education:"; (iii) omitting from the proviso the words " three thousand three hundred pounds " and the words " six hundred and sixty pounds " and inserting in their stead respectively the words " three thousand six hundred pounds " and the words " seven hundred and ten pounds "; (b) in provision B,- (i) omitting from paragraph (ia) the words " three pounds three shillings " and inserting in their stead the words " three pounds ten shillings ";

660 Workers ' Compensation Acts Amendment Act of 1964, No. 58 (ii) omitting paragraphs (ii) and (iii) and inserting in their stead the following paragraphs :- " (ii) for each child or step-child under sixteen years of age and totally or mainly dependent upon the earnings of the worker, a sum not exceeding one pound three shillings per week during the incapacity of the worker or until the age of sixteen years is reached; and (iii) for each child or step-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 or mainly dependent upon the earnings of the worker, the sum of one pound three shillings per week until the age of twenty-one years is reached or such child or step-child sooner ceases to receive such full time education: ". 5. Amendments to s. 14D . Section 14D of the Principal Act is amended by- (a) in subsection (3), omitting the words " one hundred and twenty-five pounds " where those words twice appear and inserting in their stead where so omitted the words " one hundred and forty pounds "; (b) in subsection (5)- (i) omitting the words " nine guineas ", where those words appear twice in paragraph (a), and in each such case inserting in their stead the words " ten pounds "; (ii) omitting paragraph (b) and inserting in its stead the following paragraph:- " (b) The sum for which the Office shall be liable in respect of the hospital treatment of any worker as an out patient shall be calculated at a rate of ten shillings per treatment but not exceeding three pounds ten shillings per week."; (iii) omitting the words " one hundred and twenty-five pounds " where those words appear twice in paragraph (c), and in each such case inserting in their stead the words " one hundred and forty pounds ". 6. New s. 14E inserted . The Principal Act is amended by inserting after section 14D the following section:- " [14E.] Variations in payments of compensation , &c. (1) When and so often as the basic wage is varied or the provisions relating to age, invalid or widows' pensions of the Social Services Act, 1947-1964 (or any Act passed in amendment of or substitution for that Act) of the Commonwealth are varied the Governor in Council may vary as he deems fit any payment or sum specified in section 14B of this Act. (2) When and so often as the basic wage is varied every payment or sum specified in sections fourteen, 14A or 14D of this Act which is not expressed to be an amount equal to a per centum of the basic wage (other than a weekly payment to which subsection (1) of this section applies) shall be varied by adding to or, as the case may require, subtracting from such payment or sum an amount (calculated, in the case of a weekly payment, to the nearest sixpence and, in any other case, to the nearest five pounds) which bears the same proportion thereto as the amount of the variation in question of the basic wage bears to the basic wage as subsisting immediately prior to that variation.

Workers' Compensation Acts Amendment Act of 1964, No. 58 661 (3) Any reference in a provision of sections fourteen, 14A, 14B or 14D of this Act to any payment or sum to which the provisions of subsection (1) or subsection (2) of this section apply shall be deemed to be a reference to that payment or sum as varied for the time being under the provisions of subsection ( 1) or, as the case may be, subsection (2) of this section and shall be construed accordingly. Upon the making of any such variation, particulars of all such payments and sums as thereby varied shall be notified by the Governor in Council by Order in Council published in the Queensland Government Industrial Gazette. (4) In and for the purposes of this section the term " basic wage " means the weekly basic wage for males as declared for the time being by the Full Bench of the Industrial Commission under " The Industrial Conciliation and Arbitration Acts, 1961 to 1964." (5) For the purposes of this section the amount of the basic wage as at the date of the enactment of this section shall be fifteen pounds six shillings."