Workers' Compensation Acts and Another Act Amendment Act of 1939 (3 Geo Vi No. 36) (Qld)

17590 LABOUR. PART H1.- AMENDMENTS OF "THE W orke·rs' Compensation Acts, Etc., Act. 3 GEO. VI. No. 36, ELECTRIC LIGHT AND POWER ACTS, 1896 The Governor in Council may from time to time TO 1938." make regulations for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this subsection. Without limiting the power of the Governor in Council in that behalf, such regulations may prescribe the powers and duties of inspectors, the entry by inspectors for the purpose of inspecting such electric lines, wiring, fittings, accessories, appliances, consuming devices, and control and protective devices, the fee and/or expenses which shall be payable by the owners of such electric lines, wiring, fittings, accessories, appliances, consuming devices, and control and protective devices for the services of the inspector or the Commission, and the penalties for any breach of any such regulation." (c) Subsection four of the said section is renumbered subsection six. 3 ;g.036: 1. An Act to Amend" The Workers' Compensation WOi::RS' Acts, 1916 to 1936," and "The Workers' JJ~ { J: ; ~ ~ R Compensation (Lead Poisoning, Mount Isa) AM~ ~ ~ ENT Act of 1933" in certain particulars, and ' i~ ~ g: for other purposes. [ASSENTED TO ,6TH DECEMBER, 1939. ] B E it enacted by the King'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:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as "The Workers' Compensation Acts and Another Act Amendment Act of 1939." Parts of Act. 2. This Act is divided into Parts as follows, namely:- PART I.-PRELIMINARY; PART lI.-AMENDMENTS OF *" THE WORKERS' COMPENSATION ACTS, 1916 TO 1936" ; t" PART lII.-AMENDMENTS OF THE WORKERS' COMPENSATION (LEAD POISONING, MOUNT ISA) ACT OF 1933." * 6 Geo. V. No. 35 and amending Acts, supra, pages 9851 et seg. t 24 Geo. V. No. 34, supra, page 14641.

LABOUR. 17591 1939. Workers' Compensation Acts, Etc., Act. PART H.-AMENDMENTS OF *" THE WORKERS' COMPENSATION ACTS, 1916 TO 1936." PART II.- AMENDMENTS OF "THE WORkERS' COMPENSA- TION ACTS, 1916 TO 1936." 3. This Part of this Act shall be read as one with Cons~ ruction *" The Workers' Compensation Acts, 1916 to 1936," ~ ~ ~ fl~ I. hereinafter in this Part referred to as the Principal Act. The Principal Act and this Part H. of this Act may Collective be collectively cited as "The Workers' Compensation Acts, title. 1916 to 1939." 4. In section three of the Principal Act the definition ~ mendment of the term" worker" is amended by repealing paragraph 0 s. 3. (d) thereof. 5. Section nine of the Principal Act is hereby Amendment amended as follows, namely:- of s. 9. (a) In subsection one thereof the words "or who is further injured by accident 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" are inserted before the words" or his dependants." (b) The following new subsection two is inserted after subsection one thereof, namely:- "(2.) Where an employer has a place of employment in Queensland, or is for the time being present in Queensland, and there employs a worker whose employment is not wholly carried out in Queensland. but with the knowledge and consent of his employer is in part carried out in any other part of the Commonwealth of Australia or its dependencies, then, if while there the • worker is injured by accident- (a) At his place of employment there; or (b) On his journey to or from such place of employment there; or (c) (Being in the course of his employment or while under his employer's instructions) away from such place of employment, or if the worker is further injured by accident 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 compensa- tion, the worker (and in the case of the death of the * 6 Qeo. V. No. 35 and amending Acts, 8upra, pages 9851 et 8eq.

17592 LABOUR. PART I1.- AMENDMENTS OF" THE Workers' Compensation Acts, Etc., Act. 3 GEO. VI. No. 36, WORKERS' COMPENSA- ACTTSI, O1N916 worker his dependants) shall receive out of the State TO 1936." Accident Insurance Fund compensation in accordance with this Act, and the provisions of this Act other than subsection one of this section shall apply to such worker and to his dependants and to ~ uch employer and to all persons concerned as though such injury by accident had been sustained in Queensland and, except as in this Act is otherwise provided, such receipt of compensation shall be in lieu of any and all rights of action whatsoever in Queensland against any person whomsoever. The provisions of this subsection shall be deemed to be incorporated in every policy of insurance being maintained in force in pursuance of the provisions of section eight of this Act. The provisions of this subsection shall apply with respect to persons deemed to be " employers" and with respect to persons deemed to be "workers" by this Act. The Insurance Commissioner may from time to time charge such additional premiums on State accident insurance policies issued under this Act to employers of workers whose employment is not wholly carried out in Queensland but is, with the knowledge and consent of his employer, in part carried out in any other part of the Commonwealth of Australia or its dependencies as he may find necessary towards providing the compensation payable under this subsection and the cost of administration of the provisions thereof." Amendment 6. In section eleven of the Principal Act the words of s. H. "within Queensland or is within the territorial waters of Queensland" are repealed and the words "within any part of the Commonwealth of Australia or its depen- dencies or is within the territorial waters of any part of the Commonwealth of Australia or its dependencies" are inserted in lieu of the words so repealed. . ' Amendment 7. Subsection one of section fourteen of the Principal of s. 14. Act is hereby amended as follows;- (a) Provision (B) is repealed and the following new· provision (B) is inserted in lieu of such repealed provision, namely ;- "(B) Where total or partial incapacity for work results from the injury- (a) A weekly payment during the incapacity not exceeding sixty-six and two-thirds per centum of his average weekly earnings during

1939. LABOUR. 17593 Workers' Compensation Acts, Etc., Act. PART II.- AMENDMENTS OF" THE WORKERS' COMPENSA- the previous twelve months if he has been ACTTISO, N1916 so long employed, but if not, then for any TO 1936." less period during which he has been con- tinuously employed, but such weekly payment shall not exceed three pounds and the total liability in respect thereof shall not exceed seven hundred and fifty pounds: if the worker is working in an industry governed by an award or an industrial agreement his average weekly earnings shall be deemed to be not less than the weekly wage prescribed for the worker by the said award or industrial agreement; (b) Provided that where the weekly payment of an .adult worker whose average weekly earnings are less than three pounds is to be determined, paragraph (a) of this sub- section shall be read as if the words "one hundred per centum" had been substituted for the words" sixty-six and two-thirds per centum," but the compensation per week awarded under that paragraph shall in no such case exceed two pounds; (c) Provided further that in no case shall an adult worker be entitled to receive during total incapacity a less sum per week than one pound unless such worker was at the date of the accident in receipt of the Common- wealth old-age pension or invalidityallowance, in which case the amount payable shall be ten shillings per week; (d) For each child under sixteen years of age and totally or mainly dependent upon the earnings of the injured worker at the date of the accident the sum of eight shillings per week shall be payable during the disablement of the worker or until a lump sum settlement has been made· with the worker in respect of the accident or until the age of sixteen is reached, whichever first occurs; (e) The total weekly payment under this provision (B) of this subsection shall not exceed a sum equal to the average weekly earnings referred •

17594 PART II.- AMENDMENTS OF" THE WORKERS' COMPENSA- TION ACTS, 1916 TO 1936." LABOUR. Workers' Compensation Acts, Etc., Act. 3 GEO. VI. No. 36, to in paragraph (a) or the sum of five pounds, whichever is the smaller amount, and the total liability shall not exceed seven hundred and fifty pounds." (b) The words" For the purposes of this paragraph total incapacity shall mean inability to perform work of any description" are added to paragraph (d) of . provision (C). (c) The following new paragraph lettered (g) is inserted after paragraph (j) of provision (C), namely:- " (g) For the purposes of the said table- (i.) In the case of the loss or permanent loss of efficient use of a limb, hand, foot, finger, thumb, or toe, any compensation previously obtained under this Act in respect of loss or permanent loss of efficient use of such limb, hand, foot, finger, thumb, or toe, or of any joint or other part thereof, shall be deducted from the compensation payable under the said table; and (ii.) In the case of the loss or permanent loss of efficient use of both eyes, or an only eye, or the sight of one eye together with serious diminution of the sight of the other eye, or the sight of one eye, any compensation previously obtained under this Act in respect of the loss or permanent loss of efficient use of both eyes, or an only eye, or the sight of one eye together with serious diminution of the sight of the other eye, or the sight of any eye concerned, shall be deducted from the compensation payable under the said table." Amendments 8. Section 14A of the Principal Act is amended as of S. 14A. follows : - (a) In paragraph (c) thereof the words" opposite and relative to such employment" are inserted after: the words" said table." (b) The words" shall be entitled to compensation" are repealed and the words " shall, except where it is proved that the disease was not due to the said employ- ment, be entitled to compensation" are inserted in lieu of the words so repealed.

LABOUR. 17595 PARTII.- 1939. Workers' Compensation Acts, Etc., Act. AMENDMENTS OF "'THE WORKERS' COMPENSA- (c) The list of diseases and employments mentioned ACTTSIO, 1N916 in the Table of Industrial Diseases referred to and set TO 1936." forth therein is added to by inserting in the column of the said table headed" Description of Disease" the words "Any disease with which the Laboratory of Micro- Biology and Pathology is experimenting at the time of infection," and by inserting in the column of the said table headed " Description of Employment" the words "Employment in the Laboratory of Micro-Biology and Pathology" opposite and relative to the words inserted in the column headed " Description of Disease" by this paragraph. (d) The list of diseases and employments mentioned in the Table of Industrial Diseases referred to and set forth therein as added to by paragraph (c) hereof is further added to by inserting in the column of the said table headed "Description of Disease" the words " Silicosis of the lungs, pulmonary tuberculosis" and by inserting in the column of the said table headed " Description of Employment" the words- " Grinding, sieving, or ,scutching furnace bricks: Provided that at the date of death or incapacity the worker has been continuously resident in Queensland during the period of five years immediately preceding the date of death or incapacity and has been employed in this employ- ment for not less than three hundred days during such period of five years, or has been resident in Queensland for not less than five years out of the period of seven years immediately preceding the date of death or incapacity, and has been employed in this employment for not less than five hundred days during such period of seven years"- opposite and relative to the words inserted in the column headed " Description of Disease" by this paragraph. 9. Section 14B of the Principal Act is amended as Amend. follows :_ ~~~ts of s. (a) In paragraph (c) thereof the words "opposite and relative to such employment" are inserted after the wol'ds " said table." (b) In paragraph (g) thereof the words "opposite and relative to such employment" are inserted after the words" said table." 10. In subsection two of section sixteen of the Amendment Principal Act the words "or damages" are inserted of s. 16. after the word" compensation" where such word first occurs; the words "including any State or dependency

17596 LABOUR PART II.- AMENDMENTS OF U THE Workers' Compensation Acts, Etc., Act. 3 GEO. VI. No. 36, 1939. WORKERS' COMPENSA- AC' TrIsO, 1N916 thereof" are inserted after the word "Australia"; TO 1936." the words "such a claim " are repealed and the words "a claim for compensation or damages" are inserted in lieu of such repealed words; and the words "or damages" are inserted after the word" compensation" where such word last occurs. ~ ~ ~ ~ : : : , ~ 11. The words "but any salary paid undeI' Regulation 58 (2) (e) of" The Public Service Regulations of 1923" or any other regulation of similar import affecting State employees, shall, for the purposes of this Act, be deemed to be so paid by way of compensation" are inserted after the words" sick pay" in clause 9A of the Schedule to the Principal Act. PART III.- AMENDMENTS OF" THE WORKERS' *" TCIOONMP( ELNESAAD- PART I n . -AMENDMENTS OF THE WORKERS' POISONING, MOUNT ISA) COMPENSATION (LEAD POISONING, MOUNT ISA) ACT OF 1933." ACT OF 1933." toCCiftoollPenl. esactrrttuiv I ce l ti l o . n * Is " a) Th 1 Ae 2 c . tWo T of h rk 1 is e 9 r 3 P s 3 ' a , r " C t o ao m nfd p t e ht n ihs sa aA t t io cAt n cst ( h L aa e ln a l d d bet P hr o ies i a so dP n aa i r n st g o , mn M eayw ou ib n the t collectively cited as " The Workers' Compensation (Lead Poisoning, Mount Isa) Acts, 1933 to 1939." Aofm8e. 5nd. ment one o1f3s.ecTtihoen ffoivlleowofin * g " p T a h r e ag W r o a r p k h er i s s ' a C d o d m e p d e t n o sa s t u io b n se ( c L t e io a n d Poisoning, Mount Isa) Act of 1933," namely:- " The power of the Board to certify to any such matter as aforesaid shall include power to so certify after. a review by it of the evidence submitted by a medical practitioner other than a member of the Board relative to the worker concerned." Amendment 14. The words "and such power and authority of s. 11. shall include, and be deemed to have always included, power and authority to make regulations prescribing the manner of nominating representatives and delegates for absent representatives upon the Board" are added to section eleven of *" The Workers' Compensation (Lead Poisoning, ..lI01.tnt Isa) Act of 1933." * 24 Geo. V. No. 34, supra, page 14641.