Workers' Compensation Acts and Another Act Amendment Act of 1941 (6 Geo Vi No. 6) (Qld)

6 GEO. VI. No. 6, 1941. LABOUR. Workers' Compensation, Etc., Act. 151 An Act to Amend" The Workers' Compensation 6 ? r~ ~ ·6: I. Acts, 1916 to 1939," in certain particulars, WOi~ ~ RS' and for other purposes. C~ tT~ N~ ; ~ ON ANOTHER AOT AMENDMENT [ASSENTED TO 12TH DECEMBER, 1941.] Aloi41~ F B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative.Assemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Workers' Short title. Compensation Acts and Another Act Amendment Act of 1941," and shall so far as amendments to *" The Workers' Compensation Acts, 1916 to 1939," are concerned be read as one with such lastmentioned Acts, herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively ~ ollective be cited as "The Workers' Compensation Acts, 1916 to tItle. 1941." Amendments of the Principal Act. 2. Paragraph (d) of provision (B) of subsection one Amendment of section fourteen of the Principal Act (being the ( ~ t 14 (1) paragraph commencing with the words" For each child" [ A~ount of and endi . ng with the words" first occurs") is amended tcl?Omnpwenhseare- by deletmg therefrom the words" at the date of the total or accident." partial. mcapamty results from the injury.] 3. (1.) Section 14B of the Principal Act is amended Amendment as follows :_ of B. 14B. (i.) In subsection one of the said section the words [Compensa. "three hundred pounds" are repealed and the words tio\:to "three hundred and seventy-five pounds" are inserted :r; fn; r~ r in lieu thereof. a!Iected by dIseases.] (ii.) Subsection two of the said section is amended as follows : - (a) In the proviso to provision A of the said subsection the words" five hundred and fifty" are repealed and the words "seven hundred and fifty" are inserted in lieu thereof; * 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq.

152 LABOUR. Workers' Oompensation, Etc., Act. 6 GEO. VI. No. 6, (b) In the proviso to provision B of the said subsection the words "five hundred and fifty pounds" are repealed and the words "seven hundred and fifty pounds " are inserted in lieu thereof. Operation of (2.) The amendments made to section 14B of the ~ f~~ i:~ onll Principal Act by this section of this Act shall be deemed to have been made therein at midnight on the thirtieth day of June, one thousand nine hundred and forty-one. Repeal of 4. Section thirteen of the Principal Act is repealed as.nd13n. ew and a new section thirteen is inserted in lieu thereof, namely:- Settlement "[13.] (1.) Applications for compensation shall be ~ a~ ~ ; : J~ n allowed or rejected in the first instance by the Insurance c. 74 of ' Commissioner; but the Insurance Commissioner, on i9~ ~ : . . ~ ii. receipt of any such application, may, or any person No. 26, s. 5. claiming compensation who objects to the ruling thereon of the Insurance Commissioner may, by notice in writing require the matter to be heard and determined by an industrial magistrate, and the application shall in such case be heard and determined by such magistrate in accordance with the regulations. The decision of such magistrate shall, subject to the next succeeding subsection, be final; subject to the regulations the costs of the proceedings shall be in his discretion. (2.) Either party to the proceedings before such magistrate may appeal from his decision. Such appeal shall be made to the Full Bench of the Industrial Court constituted pursuant to the provisions of *" The Industrial Conciliation and Arbitration Acts, 1932 to 1938" (or any Act amending or in substitution therefor); the place for hearing and all proceedings on such appeal shall be as prescribed by Rules of Court under the said lastmentioned Act: Provided that unless the Court orders that additional evidence shall be taken, the appeal, which shall be by way of rehearing, shall be heard and determined upon the evidence and proceedings before the industrial magistrate concerned. * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et 8eq.

1941. LABOUR. Workers' Compensation, Etc., Act. 153 Subject to the regulations, the costs of appeal shall be in the discretion of the Court." Amendments to *" The Workers' Compensation (Lead Poisoning, Mount Isa) Acts, 1933 to 1939." 5. The following amendments are made in *" The Amend- Workers' Compensation (Lead Poisoning, Mount Isa) ~ : ~~ : oo~ s. Acts, 1933 to 1939," namely;- the Act 24 (i.) Subsection one of section seven is repealed and ~t~:BV. No. the following subsection one is inserted in lieu thereof, : : el~ ~ ~ by namely ;- Geo. VI. _ I No. 36 " (1.) In ad,dition to the powers given to medica (Part IlL). practitioners and medical referees under the Principal Act, the Board may certify that- (a) Any worker previously certified as incapacitated by lead-poisoning, who has recovered therefrom, but who, in the opinion of the Board, is still susceptible to lead-poisoning; or (b) Any worker being recently employed and having been not more than four months at the mine is, in the opinion of the Board, susceptible to lead-poisoning, should be removed from further exposure to lead- poisoning." (ii.) In subsection one of section eight, the words "of four months as mentioned in paragraph (c)" are repealed, and the words " of not more than four months as mentioned in paragraph (b)" are inserted in lieu thereof. 6. *" The Workers' Compensation (Lead Poisoning, Collective JJfount Isa) Acts, 1933 to 1939," and the amendments title. made by section five of this Act may collectively be cited as "The Workers' Compensation (Lead Poisoning, Mount Isa) Acts, 1933 to 1941." * 24 G. 5 No. 34 and amending Acts. See v. 4, pp. 887 et seq.