Workers' Compensation (Amendment) Act 1948 (NSW)

410                  Workers’ Compensation (Amendment) Act.

WORKERS^ COMPENSATION (AM END­

MENT) ACT.

Act No. 40, 1948.

No. 40, 1948. George VI. Ah Act to increase the amounts payable by way of compensation under the Workers’ Compensation Act, 1926-1947, and the Workers’ Compensation (Silicosis) Act, 1942-1946; for this and other purposes to amend the said A cts; and for purposes connected therewith. [Assented to, 16th December, 1948.]

I D E it enacted by the King’.s Most Excellent Majesty, _ IJ by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows ;—

Short title, 1, (1) This Act may be cited as the ‘Workers’

commence'	Compensation (Amendment) Act, 1948.”
ment.
(2) The Workers’ Compensation Act, 1926, as amended by subsequent Acts and by this Act, may be cited as the AVorkers’ Compensation Act, 1926-1948.
(3) Tliis Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment	2. (1) The AÂ orkors’ Compensation Act, 1926-1947,
N o u s , 1926. i s	^̂“ l e n d e d - ̂ ^

Sec. 6. (a) by omitting from paragraph (a) of the definition the words ‘ ‘ seven hundred and fifty pounds ’ ’ and by inserting in lieu thereof the words “ one thousand two hundred and fifty pounds” ;

(Defini­	of “ AA'orker” in subsection one of section six
tions.)

(b)

Workers’ Compensation (Amendment) Act.

(b)	by omitting paragraph (a) of subsection three No. 40, 1948.
of section seven; Sec. 7. (Liability of employers to workers for injuries— waiting period.)

(c) (i) by omitting from paragraph (a) of subsec­ tion one of section eight the words “ four	Sec. 8.
sation (Compen­

hundred pounds” and by inserting in lieu	payments
thereof the words “ five hundred pounds” ;	(Death).)

(ii)  by omitting from the same paragraph the words “ eight hundred pounds” and by inserting in lieu thereof the words “ one thousand pounds” ;

(iii)  by omitting from the same paragraph the words “ two hundred pounds” and by inserting in lieu thereof the words “ three hundred pounds” ;

(iv)  by omitting from paragraph (b) of the same subsection the words “ twenty-five pounds” and by inserting in lieu thereof the words “ fifty pounds” ;

(v)  by omitting from subsection three of the same section the words “ four hundred pounds” and by inserting in lieu thereof the words “ five hundred pounds” ;

(d) (i) by omitting from paragraph (a) of subsec­ tion one of section nine the words “ sixty-six	Sec. 9.
partial
(Total or

and two-thirds per centum” and by

incapacity.)

inserting in lieu thereof the words “ seventy-

five per centum” ;

(ii)  by omitting from the same paragraph the words “ three pounds ten sliillings” and by inserting in lieu thereof the words “ four pounds” ;

(iii)  by omitting from the same paragraph the words “ two pounds” and hy inserting in lieu thereof the words “ three pounds” ;

(iv)  by omitting from subparagraph (i) of para­ graph (b) of the same subsection the words “ one pound five shillings” and by inserting in lieu thereof the words “ one pound ten shillings ’ ’;

( V )

412                  Workers’ Compensation (Amendment) Act.

Ho. 40, 10464	(v)	by omitting from subparagraph (i) of para­ graph (c) of the same subsection the words “ one pound five shillings” and by inserting in lieu thereof the words “ one pound ten shillings ’ ’;
(vi)	by omitting from subsection two of the same section the words “ six pounds” and by inserting in lieu thereof the words “ seven pounds” ;
(vii)	liy omitting from subsection three of the same section the words “ one thousand pounds” and by inserting in lieu thereof the words “ one thousand two hundred and

' fifty pounds” ;

(viii)  by omitting from subsection four of the same section the words “ forty-five shillings” and by inserting in lieu thereof the words “ fifty-five shillings” ;

(ix)  by omitting from the same subsection the words “ sixty-six and two-thirds per centum” and by inserting in lieu thereof the words “ seventy-five per centum” ;

(x)  by omitting from the same subsection the words “ thirty shillings” and by inserting in lieu thereof the words “ forty shillings” ;

(xi)  by omitting from subsection five of the same section the words “ three pounds” and by inserting in lieu thereof the words “ four pounds” ;

(xii)  by omitting from tbe same subsection the words “ sixty-six and two-thirds per cen­ tum” and by inserting in lieu thereof the words “ seventy-five per centum” ;

(xiii)  by omitting from the same subsection the words “ two pounds” and by inserting in lieu thereof the words “ three pounds” ;

(e)

Workers’ Compensation (Amendment) Act. 413

(e) (i) by omitting from paragraph (a) of subsec- No. 40, 1948.

tion three of section ten the words “ ten

shillings and sixpence” and by inserting in (Medical

lieu thereof the words “ eighteen shillings” ; and hospital treatment,

(ii)  by omitting from paragraph (b) of the same subsection the words “ three shillings and sixpence” and by inserting in lieu thereof the words “ five shillings” ;

(iii)   by omitting from the same paragraph the words “ one Xiound four shillings and sixpence” and by inserting in lieu thereof the words “ one pound fifteen shillings” ;

(iv)  by omitting from paragraph (c) of the same subsection the words “ twenty-five pounds” and by inserting in lieu thereof the words “ fifty pounds” ;

(v)  by omitting from paragraph (b) of subsec­ tion four of the same section the words “ twenty-five pounds” and by inserting in lieu thereof the words “ fifty pounds” ;

(f) (i) by emitting from subsection two of section Sec. 16.

sixteen the words “ shall be deducted” and (Compen-

by inserting in lieu thereof the words “ shall

not be deducted” ; injuries.)

(ii)   by omitting from the same subsection the words “ But such deduction, to the extent to which it would reduce the sum payable to the worker upon such an election to an amount less than one-half of the amount payable in respect of the injury, as indicated in the second column of the table, shall not be made” ;

(iii)  by omitting from subsection six of the same section the words “ one thousand pounds” and by inserting in lieu thereof the words “ one thousand two hundred and fifty pounds ’ ’;

(iv)  by inserting in the same subsection after the word “ compensation” where firstly occurring the words “ under this section” ;

(v)

Workers’ Compensation (Amendment) Act.

No. 40, 1948. (v) by omitting the table set forth at the end of the same section and by inserting in lieu thereof the following table;—

TABLE.

Amount

Nature of Injury. payable.

Loss of either arm, or of the greater £ s. d.

part thereof . . . . . . . . 1,000 0 0

Loss of lower part of either arm, either

hand, or five fingers of either hand 875 0 0

Loss of a leg . . . . . . . . 950 0 0

Loss of the lower part of a leg. . . . 800 0 0

Loss of a foot . . . . . . . . 750 0 0

■ Loss of sight of one eye, with serious

diminution of the sight of the other 950 0 0

*Loss of sight of one eye . . . . . . 500 0 0

Loss of hearing . . . . . . . . 800 0 0

Complete deafness of one ear . . . . 400 0 0

Loss of a thumb . . . . . . . . ."75 0 0

Loss of a forefinger . . . . . . 250 0 0

Loss of joint of a thumb . . . . 200 0 0

Loss of little finger, middle finger, or

ring finger . . . . . . . . 150 0 0

Loss of a toe or the joint of a finger . . 120 0 0

Loss of a joint of a toe . . . . . . 90 0 0

Loss of great toe . . . . . . . . 250 0 0

Loss of joint of forefinger or of joint

of great toe . . . . . . . . 150 0 0 * For tlie partial loss of sight of one eye there shall

be payable such percentage of the amount that would be payable for the total loss of the sight thereof as is equal to the percentage of the diminution of sight.

Increased (2) (a) The amendments made by paragraph (d)

■weekly

payments—	of subsection one of this section shall be deemed to extend
retroactive.	to, and from the commencement of this Act, apply in
Act No. 20,
1945, s. 2	respect of all persons in receipt of weekly payments under
( 6 ) .	the provisions of section nine of the Workers’ Compen­ sation Act, 1926-1947, and under the provisions of the Workers’ Compensation (Silicosis) Act, 1942-1946, as well as to all persons liecoming entitled to weekly pay­ ments under any of such provisions after such commence­ ment.
policies.

Subsisting (b) Any policy of insurance against liability

nid, s. 2	under the Workers’ Compensation Act, 1926, or any
(7).	amendment of that Act, being maintained in force at the commencement of this Act shall be deemed to insure the employer and always to have insured the employer

against

state Coal Mines (Amendment) Act. 415

ngainst any aclflitional liability to which he may become Uo. 40, 1948.

liable (hiring the currency of the policy under any

amendment of the Worhei's’ Compensation Act, 1926­

1947, made by this section. AYliero a person is in receipt

of compensation at the commencement of this Act and

such compensation is payable by an insurer such insurer

shall he liable to pay any additional compensation to

which snch person lu'comes entitled by virtue of any

amendment made by this section.