Workers' Compensation Acts Amendment Act of 1966 (Qld)

196 (tt.2ettSIUtt4 ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE REGINAE -. 000 No. 28 of 1966 An Act to Amend "The Workers ' Compensation Acts, 1916 to 1965 ," in certain particulars [ASSENTED TO 21ST DECEMBER, 1966] 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 1966." (2) Principal Act. " The Workers' Compensation Acts, 1916 to 1965," 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 1966."

Workers' Compensation Acts Amendment Oct of 1966, No. 28 197 2. Amendments of s. 3 . Section three of the Principal Act is amended by- (a) in subsection (1)- (i) in the definition " Injury " omitting paragraph (a) and inserting in its stead the following paragraph:- (a) a disease which is contracted in the course of the employment, whether at or away from the place of employment, to which the employment was a contributing factor; and"; (ii) omitting the definition " Medical referee "; (iii) adding to the definition " Queensland ship " the following paragraph:- "; or (d) which for the time being is employed wholly or principally in Queensland territorial waters "; (iv) inserting after paragraph (c) of the definition " Worker " the following paragraph:- "; or (d) A member of the crew of a fishing vessel whose remuneration is wholly or mainly a share in the profits or the gross earnings from the working of that vessel "; (b) omitting subsection (3A) and inserting in its stead the following subsection:- " (3A) Where a jockey rides or drives any horse on a racecourse he shall, while so riding or driving and while doing on that racecourse anything incidental thereto, be deemed to be a worker employed by the club or association for the time being in occupation of that racecourse. For the purposes of this subsection the term "jockey " means a person generally holding himself out as able to ride or-drive for fee or reward in any galloping or trotting race and who is authorized by a principal racing club or principal trotting club to so ride or drive." 3. Amendment of s. 4 . Section four of the Principal Act is amended by omitting subsection (6). 4. New s. 8A inserted . The Principal Act is amended by inserting after section eight the following section:- " [8A.] Office may obtain information . (1) The General Manager, the manager or other officer in charge of any branch of the Office, or any officer authorized in writing in that behalf by the General Manager (which authority may be general or related to a particular person) may by notice in writing require any person- (a) to furnish in writing on or before the date stated in the notice; or (b) to attend on the date and at the time and place stated in the notice and then and there to give orally, to the person specified in the notice any information which subsection (2) of this section prescribes may be required by a notice under this subsection. (2) A notice under subsection (1) of this section may require all such information as is necessary or desirable to determine whether or not the person to whom the notice is given is or is not, or was or was not, on any day or at any time during any period of time an employer and, if so, the worker or workers in respect of whom he is or was an employer and all such particulars with respect to the employment of such worker or workers as is relevant to the administration of this Act.

198 Workers ' Compensation Acts Amendment Act of 1966, N o. 28 (3) A notice to which paragraph (b) of subsection (1) of this section applies may require the person to whom it is addressed to produce to the person to whom he is thereby required to give orally information on the day and at the time and place stated in the notice all books, documents and other papers whatsoever in his custody or under his control relating to the employment by him of any worker or workers on the day or at any time during the period stated in the notice. Upon production to him of any 'such book, document or other paper the person to whom it is required to be produced may make a copy thereof or extracts therefrom. (4) A person who- - (a) in the case of a notice to which paragraph (a) of subsection (1) of this section applies, fails to furnish in writing to the person specified in the notice on or before the date specified therein any information required by the notice, or furnishes any such information which is not true and correct in every particular, shall be guilty of an offence against this Act and liable to a penalty of one hundred dollars; (b) in the case of a notice to which paragraph (b) of subsection (1) of this section applies, fails to attend on the date and at the time and place stated in the notice or, upon so attending, fails to give orally to the person specified in the notice any information required by the notice or so gives any such information which is not true and correct in every particular or fails to produce to such person any book, document or other paper which he is required by the notice to produce or fails to allow such person to make a copy of or an extract from any such book, document or other paper shall be guilty of an offence against this Act and liable to a penalty of one hundred dollars; (c) after his conviction for an offence against paragraphs (a) or (b) of this subsection, continues his failure to furnish in writing or, as the case may require, to give orally information required by the notice which is true and correct in every particular or to- produce any book, document or other paper the production whereof by him is required by the notice or to allow the making of a copy of or any extract from such book, document or other paper, shall (notwithstanding that the date on or before which, or on which, he is required by the notice to comply therewith has passed) be guilty of a continuing offence against this Act and liable to a daily penalty of twenty dollars." 5. Amendment of s. 9A. Section 9A of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (4A) In respect of a claim to which subsection (2) of this section applies, the Court concerned may, upon the application of any party to the action or proceedings by which the claim is made and upon such terms as the Court deems just, order the worker to submit himself to a personal medical examination by the duly qualified medical practitioner or practitioners named in the order. The Court concerned may discharge or vary any such order. The Court concerned may adjourn the action or proceedings as it deems necessary or expedient to enable compliance with the order.

Workers' Compensation Acts Amendment Act of 1966 , No. 28 199 If, in the opinion of the Court concerned, the worker has persistently and wilfully refused to comply with the order without reasonable excuse, the Court may enter judgment against the plaintiff in the action or proceedings upon such terms as it deems fit.." 6. Amendment of s. 14 (1). Subsection (1) of section fourteen of the Principal Act is amended by- (a) adding to provision (A) the following paragraph:- " Notwithstanding the foregoing provisions of this provision (A) where a dependant dies after the date of death of the worker but before the due payment under this Act of the amount of compensation which, but for this paragraph, would be payable under this provision (A) in respect of him (either alone or with another or others) he shall, for the purposes of this Act, be deemed to have predeceased the worker upon whose earnings he was dependent but, nevertheless, there shall be payable- (a) to his legal personal representative for the benefit of his estate a sum not less than the amount which would have been payable in respect of him under provision (B) of this subsection up to and including the date immediately preceding the date of his death had such worker not died but, on the date of his death, had suffered injury resulting in his total incapacity for work; and (b) to his legal personal representative for the benefit of his estate, or otherwise as the General Manager may direct, a sum to be determined by the General Manager as sufficient to defray reasonable medical, hospital, burial and other like expenses paid or incurred by such dependant in connection with the treatment and burial of such worker consequent upon the injury which resulted in the death of such worker." (b) in provision (B)-- (i) omitting in paragraph (b) of subparagraph (ii) of paragraph (a) the words " eighty per centum of the basic wage " and inserting in their stead the words " the basic wage "; (ii) omitting paragraph (c) and inserting in its stead the following paragraph:- (c) Where the amount of the average weekly earnings referred to in paragraph (a) of subparagraph (i) of paragraph (a) of this provision ( B) is less than ten dollars a week, payment may be made during the incapacity- (a) (where such amount exceeds seven dollars and the worker in question was at the date of the injury which caused the incapacity in receipt of an age, invalid or widow's pension pursuant to the Social Services Act1947-1965 (or any Act amending or substituted for that Act) of the Coin monwealth) not exceeding seven dollars; and (b) in any other case, not exceeding that amount."; (iii) inserting after paragraph (c) the following paragraph:- " (cl) In no case shall the weekly payment to which a worker who is partially incapacitated for work is entitled under paragraph (a) of this provision (B) during the incapacity exceed an amount which bears to the maximum weekly payment which could be made to him under that paragraph (a) were he totally incapacitated for work the same proportion as the difference

200 Workers ' Compensation Acts Amendment Act of 1966, No. 28 between his diminished earnings and his average weekly earnings during the twelve months last preceding the injury or, if he had not been so long continuously employed, during the less period during which he had been continuously employed, bears to such average weekly earnings. In this paragraph the expression " diminished earnings " means the earnings, calculated on a weekly basis, derived by the worker from employment while he continues to be partially incapacitated or, if not employed, which he could be reasonably expected to derive from employment regard being had to the extent of his incapacity and to the availability of such employment. Where a worker to whom this paragraph applies thereunto required in writing by or on behalf of the Office fails to furnish to the Office within the time specified in the requisition the information and particulars therein specified of his employment and earnings during the period therein specified, the Office may suspend the weekly payments of compensation until he complies in full with the requisition. Requisitions as aforesaid may be made by or on behalf of the Office from time to time."; (iv) omitting in paragraph (f) the words " the cardiac board " and inserting in their stead the words " a medical board constituted under that section "; (c) in provision (C) omitting paragraph (h) and inserting in its stead the following paragraph:- " (h) Notwithstanding any provision, other than a provision of this paragraph (h), of this Act, in the case of loss of hearing caused by excessive noise resulting in the condition known as industrial deafness, the personal injury shall, for the purpose of determining the worker's entitlement to the payment of compensation under the said table, be deemed to have occurred at the time when such worker makes his claim therefor: Provided- (i) that such worker shall have been continuously resident in Queensland during the five years, or resident for a period or periods of or aggregating not less than five years during the seven years, immediately preceding the date when he makes the claim and have been continuously employed during such residence in an industry and at a location where the noise level caused or contributed to the condition known as industrial deafness; and (ii) that the worker shall at the date when he makes the claim be a worker under and within the meaning of this: Act or, if temporarily unemployed at such date would then be such a worker except for such unemployment. 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." 7. Amendment of s. 14B (8). Subsection (8) of section 14B of the Principal Act is amended by omitting the words " from a medical referee appointed under this Act " and inserting in their stead the words " from the medical board created by this section ".

Workers' Compensation Acts Amendment Act of 1966, No. 28 201 8. Repeal of and insertion of new s. 14C. The Principal Act is amended by repealing section 14c and inserting in its stead the following section:- " [14C.] Medical Boards. (1) There shall be a General Medical Board and six Specialty Medical Boards as follows, namely:-- (a) a Cardiac Board; (b) an Orthopaedic Board; (c) a Skin Diseases (Dermatology) Board; (d) an Ear, Nose and Throat (Oto-Rhino-Laryngology) Board; (e) a Neurology Board; and (f) an Opthalmology Board. (2) (a) The General Medical Board shall be constituted by a Chairman and two other members appointed as prescribed. (b) The Governor in Council by Order in Council shall appoint for such period as is specified in the Order in Council a panel of ten duly qualified medical practitioners. Every such appointee shall be a specialist under and within the meaning of " The Medical Acts, 1939 to 1963," with respect to the specialty in relation to which his appointment is made. (c) In relation to the following specialties appointments to the panel shall consist of- (i) three physicians; (ii) two cerebral and vascular surgeons; (iii) three general surgeons; (iv) one urologist; and (v) one psychiatrist. (d) The Governor in Council by Order in Council may appoint for such period as is specified in the Order in Council an alternate panel of not more than seven duly qualified medical practitioners. Every appointee to the alternate panel shall be a specialist under and within the meaning of " The Medical Acts, 1939 to 1963," with respect to a specialty mentioned in paragraph (c) of this subsection. (e) An appointee to the panel or alternate panel referred to in this subsection shall hold the appointment for the term for which he is appointed unless he sooner dies, resigns or becomes incapable of performing the duties of a member of the General Medical Board. (f) As often as a casual vacancy occurs in the appointment of a member of the panel or alternate panel referred to in this subsection, the Governor in Council by Order in Council may appoint a medical practitioner who is duly qualified to be appointed to the vacancy to fill it for the remainder of the term of the appointment of his predecessor. (g) The Governor in Council by Order in Council shall appoint two of the physicians appointed to the panel to be respectively the Chairman and Deputy Chairman of the General Medical Board. Such appointments may be made by the Order in Council appointing the panel or either or both may be made separately. (h) In the case of the unavailability for any reason whatsoever of the Chairman, the Deputy Chairman shall act as chairman of the General Medical Board and shall while he so acts have all the powers and perform all the duties and may exercise all the jurisdiction of the Chairman

202 Workers ' Compensation Acts Amendment Act of 1966, No. 28 including (where the Chairman has not designated and is unavailable to do so) power of designation as conferred by paragraphs (j) and (k) of this subsection. On any occasion when the Deputy Chairman acts as chairman of the General Medical Board he shall be presumed to have done so with due authority unless and until the contrary is proved. The Deputy Chairman shall not act as a member (other than chairman) of the General Medical Board unless he is designated by the Chairman to so act. (i) For the purpose of determining any reference referred to it as provided by subsection (4) of this section the General Medical Board shall consist of the Chairman and two members of the panel designated by the Chairman. In so designating the Chairman shall have regard to the branch of medicine which in his opinion is, in relation to the alleged injury, a specialty under and within the meaning of " The Medical Acts, 1939 to 1963 ". (j) Where two members of the panel are for any reason whatsoever not available to constitute the General Medical Board for the purpose of determining a particular reference or if, in the opinion of its Chairman, a member of the panel who, in relation to the alleged injury, is a specialist under and within the meaning of " The Medical Acts, 1939 to 1963," is for any reason whatsoever not available to constitute such Board, the Chairman may designate a member or, as the case requires, two members of the alternate panel to constitute such Board. (k) On any occasion when a member of the alternate panel acts as a member of the General Medical Board he shall be presumed to have done so with due authority unless and until the contrary is proved and the fact that any such member has acted as a member of such Board shall in no way affect the validity of any act or determination of such Board. (1) Provisions (i), (ii) and (vi) of paragraph (j) of subsection (3) of this section shall apply to the General Medical Board. (3) (a) Each Specialty Medical Board shall consist of three members. The members shall appoint one of their number to be the chairman of the Board. (b) The members of each Specialty Medical Board shall be duly qualified medical practitioners and shall be specialists under and within the meaning of " The Medical Acts, 1939 to 1963," with respect to the specialty in question. (c) The General Manager may nominate a member of every Specialty Medical Board who shall not be or become an employee of the Office. (d) Subject to the provisions of paragraphs (b) and (c) of this subsection the members of every Specialty Medical Board shall be appointed by the Governor in Council by Order in Council for such period as is specified therein. (e) The Governor in Council by Order i n Council may appoint for such period as is specified therein alternate members, not exceeding seven, for every Specialty Medical Board who shall not be less qualified than the members of the Board in question. Alternate members may be appointed at different times and for different periods in relation to different Specialty Medical Boards.

Workers' Compensation Acts Amendment Act of 1966, No. 28 203 (f) An alternate member 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. (g) As often as a casual vacancy occurs in the office of a member or alternate member of any Specialty Medical Board the Governor in Council by Order in Council may appoint a duly qualified person to fill such vacancy for the remainder of the term of office of his predecessor. (h) In the case of illness, inability, absence, or unavailability for any cause of any member of any Specialty Medical Board, or of any vacancy in the office of any such member, any alternate member designated by the chairman (or, if the chairman is absent from the City of Brisbane, the Director-General of Health and Medical Services) 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. (1) On any occasion when an alternate member acts as a member of a Specialty Medical Board he shall he presumed to have done so with due authority unless and until the contrary is proved and the fact that any alternate member of a Specialty Medical Board has acted as a member of such Board shall in no way affect the validity of any act or determination of such Board. (j) The following provisions shall apply to each and every Specialty Medical Board:- (i) the General Manager may appoint a secretary; (ii) meetings shall be held at such times and places as the members may mutually agree upon or, in the event of failure to reach any such agreement, as may be determined by the General Manager; (iii) meetings shall be presided over by the chairman or, in his absence from any meeting by one of the members present thereat appointed by them to act in his stead; (iv) any member acting as chairman as aforesaid shall while he so acts have all the powers and perform all the duties and may exercise all the jurisdiction of the chairman; (v) on any occasion when a member of a Specialty Medical Board acts as chairman as aforesaid he shall he presumed to have done so with due authority unless and until the contrary is proved and the fact that a member of a Specialty Medical Board has acted as chairman shall in no way affect the validity of any act or determination of the Board; (vi) determinations shall be by majority. (4) The General Manager may refer to the appropriate Board any claim for compensation under this Act in respect of any alleged injury. (5) The General Manager may at any time and from time to time refer to the appropriate Board the matter of the fitness for work of a worker whose claim for compensation under this Act has been allowed. (6) Upon a reference under subsection (4) of this section, the Board concerned 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 employment in which the claimant alleges he was engaged at the time of the injury, and whether such incapacity is permanent or temporary.

204 Workers ' Compensation Acts Amendment Act of 1966, No. 28 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 thereof the Board concerned shall determine the extent of the incapacity occasioned by the injury and whether such incapacity is permanent or temporary. (7) Upon a reference under subsection (5) of this section, the Board concerned shall determine, as at the time it makes the determination, the extent of the then incapacity for work by reason of the injury and, if it determines that such incapacity is partial, the nature of employment for work wherein the injury does not incapacitate. (8) In the case of any reference under subsections (4) or (5) of this section the Board concerned may defer from time to time-but for no longer than three months at any one time its determination. (9) As respects the employment in relation whereto the claim has been made- (a) a Board shall not have power to determine that the person in respect of whom the claim has been made is or is not or was or was not at any time material to the claim a worker; and (b) no determination of a Board shall be admissible in evidence as proving or tending to prove that the person in respect of whom the claim the subject of the determination was made is or is not or was or was not at any time material to his claim a worker. (10) The claimant or worker in receipt of compensation shall be entitled to appear before and be heard by the Board concerned and to be represented by counsel, solicitor or agent. In the case of a reference in respect of non-fatal injury, the Board concerned or any member thereof may make at any time or from time to time a personal medical examination of the person in respect of whom the claim has been made or the worker in receipt of compensation, or such Board may arrange for such an examination by a duly qualified medical practitioner named by it. If the person in respect of whom the claim has been made or the worker fails to appear for a personal medical examination by such Board or any member thereof or any duly qualified medical practitioner named by it on a date and at a 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, the claim for compensation or, as the case may be, the payment of compensation under this Act shall be suspended until he undergoes such medical examination or such Medical Board, with the concurrence of the General Manager , exempts him from such examination. (11) The determination by the Board concerned- (a) upon a reference under subsection (4) of this section, as to 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

Workers' Compensation Acts Amendment Act of 1966, No. 28 205 in the employment in which the claimant alleges he or the person in respect of whom the claim has been made was engaged at the time of the injury, and whether such incapacity is permanent or temporary; or _ (b) upon a reference under subsection (5) of this section, as to the extent, as at the time it makes the determination, of the incapacity for work by reason of the injury and, if it determines that such incapacity is partial, the nature of the employment for work wherein the injury does not incapacitate, shall be final and conclusive, and the claimant or person in respect of whom the claim has been made or, as the case may be, the worker 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, by any Court or judicial tribunal whatsoever. (12) Save as prescribed by subsection (11) of this section, this section applies so as not to limit in relation to a claim for compensation or the matter of the fitness for work referred to a 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. (13) The power to make regulations under this Act shall include the 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 Boards constituted under this section, for ensuring attendances before such Boards of persons thereunto required by the General Manager or the claimant or worker concerned, the taking by such Boards of evidence on oath, the remuneration of the members thereof and otherwise to give full effect to the provisions and objects of this section. (14) Subject to subsection (15) of this section, this section applies in respect of claims for compensation under this Act made after the enactment of this section. (15) (a) The Cardiac Board constituted immediately prior to the commencement of "The Workers' Compensation Acts Amendment Act of 1966 " (in this subsection called the " previous Board ") shall without further or other appointment be the Cardiac Board under this section and shall continue in operation subject to this section. (b) The chairman, secretary and alternate members of the previous Board shall be deemed to be appointed under this section and shall hold office under and in accordance with this section. This paragraph applies so as not to prejudice the power to increase the total number of alternate members to seven. (c) Any claim for compensation referred to the previous Board and not finally dealt with by that Board as at the date of the passing of " The Workers' Compensation Acts Amendment Act of 1966 " shall be dealt with by the Cardiac Board as if it were a claim for compensation referred to it by the General Manager pursuant to this section.

206 Workers' Compensation Acts Amendment Act of 1966, No. 28 (d) A claim for compensation made after the enactment of section 14c of " The Workers' Compensation Acts, 1916 to 1960 " may be referred by the General Manager to the Cardiac Board pursuant to this section notwithstanding that such claim was made prior to the enactment of this section. (e) A reference under subsection (5) of this section may be made notwithstanding that the claim of the worker concerned was allowed prior to the enactment of this section." 9. Repeal of and new s. 18. The Principal Act is amended by repealing section eighteen and inserting in its stead the following section: " [18.] Reciprocal application of Act. Compensation shall be payable to a worker or his dependants only where such worker or his dependants are resident in- (a) the Commonwealth of Australia; or (b) the Dominion of New Zealand; or (c) another country whose laws make reciprocal provisions for the payment of compensation to the dependants resident in Queensland of a worker killed or injured in such other country." 10. Amendment of s. 20 (2). Subsection (2) of section twenty of the Principal Act is amended by omitting the words " medical referees and other ", where appearing in paragraph (v). 11. Amendment to First Schedule. The First Schedule to the Principal Act is amended by- (a) inserting after clause 9A the following clause- " 10. In assessing the weekly payment in respect of compensation under this Act the Office may have regard to any payment, allowance or benefit made to the injured worker in question by his employer or from a superannuation or other fund (being in the case of such superannuation or other fund an allowance, benefit or other payment in respect whereof the employer has contributed to the fund but in respect whereof the injured worker has not contributed to the fund) and the Office may reduce the weekly payment in respect of compensation under this Act accordingly but so that, in respect of any week, it shall not be reduced by more than the amount reasonably attributable to such week of the payment, allowance or benefit in question." (b) in clause eleven- (i) omitting the first paragraph and inserting in its stead the following paragraph:- "The Office may from time to time review any weekly payment and upon any such review may determine, decrease or, subject to the prescribed maximum, increase such payment.";

Workers' Compensation Acts Amendment Act of 1966, No. 28 207 (ii) adding after the proviso the following paragraph- " The worker concerned may, by notice in writing given to the Office within sixty days after the receipt by him of notice of the decision by the Office upon such. a review, require the matter of the review of the weekly payment in question to be heard and determined by an industrial magistrate, and in such case, upon hearing and determining such matter in accordance with the regulations such magistrate may, according as he deems just, confirm or vary the decision of the Office." (c) repealing clause thirteen; and (d) repealing clause fourteen.