Workers' Compensation (Amendment) Act 1964 (NSW)

WORKERS’ COMPENSATION (AMENDMENT) ACT.

Act No. 66, 1964.

EUzabethn, An Act to amend the law relating to workers’ com- No. 66, 1964 pensation; to amend the Workers’ Compensation

Act, 1926, the Workers’ Compensation (Silicosis) Act, 1942, the Workmen’s Compensation (Broken Hill) Act, 1920, the Common Law Procedure Act, 1899, and certain other Acts in certain respects; to validate certain matters; and for purposes connected therewith. [Assented to, 16th December, 1964.]

Workers’ Compensation (Amendment) Act.

701

T>E it enacted by the Queen’s Most Excellent Majesty, by No. 66, 1964

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

1. (1) This Act may be cited as the “Workers’ Compen- short title,

sation (Amendment) Act, 1964”.	co^ence-
ment.

(2)	This Act, section eight excepted, shall commence

upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. In this Act a reference to the commencement of this Act shall be read and construed as a reference to such day.

(3) The Workers’ Compensation Act, 1926, as amended by subsequent Acts, is in this Act referred to as the Principal Act.

( 4 ) The Principal Act, as amended by this Act, may

be cited as the Workers’ Compensation Act, 1926-1964.

( 1) The Principal Act is amended—

Amendment of Act No. 15, 1926.

(a )	(i)
by omitting from paragraph (a) of subsection Sec. 9. shillings” and by inserting in lieu thereof the EicaAcity.) words “eleven pounds fifteen shillings” ;
(ii)	by omitting from the same paragraph the words “seven pounds” and by inserting in lieu thereof the words “eight pounds” ;
(iii)	by omitting from subparagraph (i) of para graph (b) of the same subsection the words “three pounds” and by inserting in lieu thereof the words “three pounds three shillings” ;

(iv)

702 Workers’ Compensation (Amendment) Act.

No. 66, 1964

(iv)

by inserting in subparagraph (ii) of the same paragraph after the words “in loco parentis” the following word and new paragraph ; —

and

(c) each person being a student who is a child or stepchild of the worker or to whom the worker stands in loco parentis” ;

(v) by omitting from subparagraph (i) of para graph (c) of the same subsection the words “three pounds” and by inserting in lieu thereof the words “three pounds three shillings” ;

(vi) by inserting in subparagraph (ii) of the same paragraph after the word “sister” the words “who is” ;

(vii) by inserting in the same subparagraph after the words “sixteen years” the words “or a student and” ;

(viii) by inserting at the end of the same subsection the following words : —

“In this subsection ‘student’ means person of or over the age of sixteen years but under the age of twenty-one years who is receiving full time education at a school, college or university.”

(b) (i) by omitting from paragraph (a) of subsection

( 1 a ) of the same section the words and

figures “Workers’ Compensation (Further Amendment) Act, 1960” and by inserting in lieu thereof the words and figures “Workers’ Compensation (Amendment) Act, 1964” ;

(ii) by omitting from paragraph (c) of the same subsection the words “assessed and calculated

*	under and in accordance with paragraph (a)

Workers’ Compensation (Amendment) Act.

703

or (b) of subsection two of section 61 v of the No. 66,1964

Industrial Arbitration Act, 1940-1961” and

by inserting in lieu thereof the words

“appropriate by virtue of paragraph (a) or

(b) of subsection two of section 61k, 61v

or 61aa of the Industrial Arbitration Act, 1940, as amended by subsequent Acts, and as last adjusted at the relevant time under the said Act, as so amended” ;

section the words “six pounds ten shillings”

and by inserting in lieu thereof the words

“seven pounds five shillings” ;

(ii) by omitting from the same subsection the words “four pounds seventeen shillings and sixpence” and by inserting in lieu thereof the words “five pounds ten shillings” ;

(d) (i) by omitting from subsection five of the same section the words “nine pounds five shillings” and by inserting in lieu thereof the words “ten pounds ten shillings” ;

(ii) by omitting from the same subsection the words “seven pounds” and by inserting in lieu thereof the words “eight pounds” ;

(e)	by inserting in paragraph (a) of subsection six of the same section after the words “in loco parentis” the words “or any person being a student as defined in subsection one of this section who is a child or stepchild of the worker or to whom the worker stands in loco parentis”.

(2) The amendments made by subsection one (para graph (b) excepted) of this section shall be deemed to extend to, and from the commencement of this Act, apply in respect of all persons in receipt of or entitled to weekly payments under the provisions of section nine of the Principal

Act,

704 Workers’ Compensation (Amendment) Act.

No. 66, 1964 Act, or under the provisions of the Workers’ Compensation

(Silicosis) Act, 1942, as amended by subsequent Aets, as well as to all persons becoming entitled to weekly payments under any of such provisions after such commencement.

Further	3. (1) The Principal Act is further amended—
amendment of Act No. 15, 1926.

Sec. 6.	(a) by inserting next after paragraph (a) of subsection
(Defini

tions.)

(14c) of section six the following new para

graph : —

( a l )

as a boxer, wrestler or referee in any boxing or wrestling contest in or upon the premises of a club registered under Part X of the Liquor Act, 1912, as amended by subse quent Acts; or;

Sec. 7.

(b) by inserting at the end of subsection one of section (g) For the purposes of this subsection a worker’s journey from his place of abode shall be deemed to have commenced at, and the terminal point of his journey to his place of abode to be—

(Liability of	seven the following new paragraph ; —
employers to workers for injuries.)

(i) if his place of abode is a flat or home unit in a residential flat building or home unit building—that exit of the flat or home unit whereby he departed on his journey from his place of abode, or that entrance of the

flat or home unit whereby he entered or

would but for injury have or may have entered liis place of abode at the conclusion of his journey thereto, as the case may be;

(ii) in every other case where his place of abode is or is within a building or structure—that exit of the building or structure whereby he departed on his journey from his place of abode, or that entrance of the building cr structure whereby he entered or would

but

Workers’ Compensation (Amendment) Act.

705

but for injury have or may have entered No. 66, 1964

his place of a''Dde at the conclusion of his

journey thereto, as the case may be.

(c)	(i)	of “Medical treatment” in subsection two of (Medical
by inserting in paragraph (a) of the definition sec. 10. words “or remedial medical gymnast or &c.), speech therapist” ;
(ii)	by inserting at the end of subsection four of the same section the following new para graph ; —

(c)	Any sum for which the employer

becomes liable in respect of medical treatment under this subsection may be recovered from the employer by the person who afforded the medical treatment.

(i) by inserting in subsection one of section lOAsec. 10a.

after the words “specified in the order” the fol- (Damages to

lowing new subsection : —

(1a) a worker who has met with an acci dent on any of the daily or other periodic journeys or other journeys to which paragraph (c) or (d) of subsection one of section seven of this Act applies and has, as a result thereof, sustained any damage of the nature referred to in subsection one of this section, shall if the accident did not happen—

(a)

during or after any substantial inter ruption of, or substantial deviation from, any such journey, made for a reason unconnected with the worker’s employment or unconnected with his attendance at the trade, technical or other school, place of pick-up, or place referred to in subparagraph (i) of the said paragraph (d), as the case may b e ; or

(b )

57191—23

706 Workers’ Compensation (Amendment) Act.

<6, t964

(b) during or after any other break in any such journey, which the Commission, having regard to all the circumstances, deems not to have been reasonably incidental to any such journey,

be entitled to compensation under and in accordance with subsection one of this section in respect of that damage as though the accident had arisen out of and in the course of his employment:

Provided that a worker shall be entitled to such compensation notwithstanding that the accident happened during or after any sub stantial interruption of, or substantial deviation from or other break in any journey, if, in the circumstances of the particular case, the risk of accident was not materially increased by reason only of such substantial interruption, substantial deviation or other break.

(ii) by inserting in the same subsection immediately before the words “The provisions” the symbols, figure and letter “ (1b) ” ;

Sec. 10b.

(e) (i) tty mserting in section 10b after the words

(Damage to	“specified in the order” the following new
clothing.)	subsection : —

A worker who has met with an accident on any of the daily or other periodic journeys or other journeys to which paragraph (c) or (d) of subsection one of section seven of this Act applies and whose clothing has, as a result thereof, been damaged shall if the accident did not happen—

(2)

(a)	during or after any substantial inter ruption of, or substantial deviation from, any such journey, made for a reason unconnected with the worker’s

employment

Workers’ Compensation (Amendment) Act.

707

employment or unconnected with his No. 66, 1964

attendance at the trade, technical or

other school, place of pick-up, or place

referred to in subparagraph (i) of the

said paragraph (d), as the case may

be; or

(b)	during or after any other break in any such journey, which the Commission, having regard to all the circumstances, deems not to have been reasonably incidental to any such journey,

be entitled to compensation under and in accordance with subsection one of this section in respect of that damage as though the acci dent had arisen out of and in the course of his employment:

(ii) by inserting in the same subsection immediately before the words “The provisions” the symbols and figure “ (3 )” ;

(f)	(i)	by omitting from paragraph (a) of subsection Seo. II. one of section eleven the words “the amount (Partial of the average weekly earnings of the worker
before the injury” and by inserting in lieu thereof the words “the weekly amount which the worker would probably have been earning as a worker but for the injury and had he continued to be employed in the same or some comparable employment” ;
(ii)	by omitting paragraphs (b), (c) and (d) of the same subsection;

(g)

70«	Workers’ Compensation (Amendment) Act.

No. 66,1964

(g) by inserting next after section twelve the following

New sec.	new section: —
12a.

Incapacity	12a. a worker who as a result of injury is unable
deemed to

exist in	without immediate and substantial risk of further
certain	injury to engage in employment of a certain kind
cases.	by reason of the nature of that employment shall be deemed to be incapacitated for employment of that kind.

Sec. 16.	(h) (i) by omitting subsection one of section sixteen
tion for

(Compensa	and by inserting in lieu thereof the following
certain	subsection : —
injuries.)
(1) A worker who has received an injury mentioned in the first column of the table hereunder set forth shall be entitled to receive from his employer by way of compensation for that injury, in addition to any other compen sation prescribed by this Act, the amount indicated in respect of that injury in the second column of that table.

<ii) by inserting next after subsection (1a) of the

same section the following new subsection : —

(1b ) (a) A worker who has received an injury which is not or is not wholly an injury mentioned in the table hereunder set forth and which has resulted in severe facial disfigure ment shall be entitled to receive from his employer by way of compensation for that injury, in addition to any other compensation prescribed by this Act, an amount, not exceed ing in any case two hundred pounds, as may be agreed upon, or in default of agreement as may be assessed as appropriate by a medical board in accordance with the provisions of this subsection.

Workers’ Compensation (Amendment) Act.

709

(b)	The Commission or the Registrar No. 66, 1964

shall, on application by a person claiming to	----
be entitled as a worker to compensation under this subsection and on payment by the appli cant of such fee, not exceeding one pound, as may be prescribed by rules, refer to a medical board constituted in accordance with section fifty-one of this Act for determination the questions whether severe facial disfigure ment exists and if so what amount of com pensation is appropriate as compensation therefor, and the decisions of the medical board shall be final and conclusive.
(c) Wherever practicable, at least one of the medical referees of whom a medical board is for the purposes of this subsection constituted shall be a specialist in plastic surgery.

(iii) by omitting subsection two of the same section;

(iv) by inserting in the first column of the table set forth at the end of the same section after the item “fLoss of hearing of one ear” the following new item : —

“JLoss of the power of speech”

and by inserting in the second column of that table opposite the words so inserted the figures “1,750 0 0” ;

(v) by inserting at the foot of the same table the following new footnote ; —

“JFor the partial loss of the power of speech there shall be payable such percentage of the amount that would be payable for the total loss of that power as is equal to the percentage of the diminution of that power”.

(i)

710 W wken’ Compensation (Amendment) Act.

Na. 66,1964

(i) (i) by omitting from subsection five of section

Sec. 18.	eighteen the words “twelve months after such
(Compulsory	failure” and by inserting in lieu thereof the
insurance.)	words “two years after such failure. In any such proceedings, proof that the employer, not being a self-insurer, having been served pursuant to subsection one of section 18a of this Act with a notice requiring him to produce for inspection a policy of insurance or indemnity obtained by him and in force at a specified date or between specified dates has not so produced any such policy so in force and that the time stated in the notice for such production has expired shall be sufficient evidence, unless the contrary be proved, that at that date or between those dates, as the case may be, the employer had failed to comply with the provisions of subsection one of this section.”

(ii) by inserting at the end of the same section the following new subsection : —

(8) (a) Every employer shall keep correct records of all wages paid to the workers employed by him, and of the trade, occupa tion or calling of each worker, and of such other matters relating to the wages so paid as may be prescribed, and shall retain such records in his possession in good order and condition for a period of at least three years.

Such records may be combined with any records of wages required by any Act other than this Act to be kept by the employer.

Workers’ Compensation (Amendment) Act.

711

(b) The Commission may, on appli- No. 66,1961

cation by an insurer who has issued a policy of insurance or indemnity to an employer, and whether or not such policy is still in force, order the employer—

(i) to supply to the insurer within a time specified in the order a full and correct statement of all wages paid during a period so specified to the workers in the employment of that employer, together with such information as to the trades, occupations or callings of the workers and other prescribed matters relating to those wages as may be so specified. The period to be specified in the order shall be a period when the policy was in force and which commenced not more than three years before the making of the application;

(ii) to make available at or within such time or times and at such place as is specified in the order, for inspection by—

(a)	an officer authorised in that behalf by the Commission;
(b)	a person authorised in that behalf by the insurer and so specified.

the records required by this subsection to be kept by the employer and at the time of the order to be retained by him in respect of a period so specified, being a period when the policy was in force.

(c)

7 i2

W orkm’ Compeasation (Amendment) Act.

No. 66,1964

(c) Any officer or person authorised under subparagraph (ii) of paragraph (b) of this subsection may inspect such records in accordance with the terms of the order and make copies thereof and take extracts there from.

(d)	The Commission on application

by an insurer on whose application an order has been made against an employer under paragraph (b) of this subsection may order the employer to pay to the insurer such amount as the Commission may having regard to the operation of this subsection find to be due and payable as a premium or balance of premium in respect of a policy of insurance or indemnity or any renewal thereof.

(e)	The Commission, on application

by an insurer on whose application an order has been made against an employer under paragraph (b) of this subsection, or by the Registrar, may if satisfied that the employer has failed to comply with the order call upon him to show cause why he should not be dealt with for contempt of the Commission, and if he fails so to show cause the Commission may impose on him a fine not exceeding two hundred pounds or order him to be imprisoned for a period not exceeding six months.

Nothing in this paragraph shall affect the jurisdiction of the Commission to make a further order or orders against the employer under the said paragraph (b).

The provisions of section eighty-two of the Justices Act, 1902, as amended by subsequent Acts, shall mutatis mutandis apply to and in respect of any fine so imposed and the persons on whom it is imposed.

( j )

Workers’ Compensation (Amendment) Act.

713

(j),	(i)	by omitting from paragraph (a) of subsection No. 66, 1964
one of section 18a the words “any policy insurance or indemnity” and by inserting in (i„spectjou* lieu thereof the words “the policy of insur- of policies.) ance or indemnity obtained by the employer and in force at such date or between such dates, whether before or after the commence ment of the Workers’ Compensation (Amend ment) Act, 1964, as the notice specifies” ;
(ii)	by inserting next after the same subsection the following new subsection—
(1a) a worker who has received an injury, or has met with an accident arising out of or in the course of his employment or on any of the daily or other periodic journeys or other journeys to which paragraph (c) or (d) of subsection one of section seven of this Act applies, or has received an injury during any absence referred to in paragraph (e) of the said subsection, or a solicitor for the time being authorised by such worker to act on behalf of the worker in relation to a claim for compensation under this Act in respect of that injury or accident, or a repre sentative of a union to which the worker belongs, may by notice in writing require the employer to make available for inspection a policy of insurance or indemnity in force in respect of the worker at the time whether before or after the commencement of the Workers’ Compensation (Amendment) Act, 1964, when the injury was received or the accident happened, as the case may be.

(hi)

714 Workers’ Compensatioo (Amendment) Act.

1̂ 0. 66, 1964	(iii)	by omitting subsection two of the same section and by inserting in lieu thereof the following subsections : —
(2) (a) An employer who obtains a policy of insurance or indemnity shall retain the same in his possession in good order and condition at all times while he is employing workers in respect of whom the policy is in force and for at least three years thereafter.
(b) An employer who has in his possession or is required by this subsection to have in his possession such a policy of insur ance or indemnity as is referred to in a notice served on him pursuant to this section and who fails to comply with any requirement of the notice within the time for compliance and in the manner stated therein shall be guilty of an offence against this Act.

(3)

this

section

“union”

means

industrial union of employees registered under the Industrial Arbitration Act, 1940, as amended by subsequent Acts, and “representa tive” means the secretary of a union or an officer for the time being authorised under section 129a of the said Act, as so amended, to exercise powers under that section.

( k )

(i) by inserting in subsection two of section 18c

Sec. 18c.

(Uninsured	after the word “obtains” the words “or has
liability
scheme.)	applied for or applies for” ;

(ii) by omitting from the same subsection the words “awarded, and costs, as has not been paid” and by inserting in lieu thereof the words “and costs of the application therefor as has been awarded and has not been paid or as may be awarded and not be paid, as the case may require, and in respect of the costs of the claim” ;

(iii)

Workers’ Compensation (Amendment) Act.

?1S

(iii) by omitting paragraphs (a), (b) and (c) of No.

m l

the proviso to subsection three of the same

section;

(iv) by omitting from paragraph (e) of the proviso to the same subsection the words “notwith standing anything to the contrary in the fore going provisions of this subsection” ;

(v) by omitting paragraph (a) of subsection five of the same section and by inserting in lieu thereof the following paragraphs : —

(a)	Where a claim is made under the

Scheme by a worker at the same time as he applies for an award of the compensation to which the claim relate^, or whose application for such award is then pending, the Commis sion may hear and determine the claim either concurrently with or after the hearing and determination of such application.

(a l) Where a clairn under the Scheme has been made and the employer does not appear and defend the application for an award of compensation, or where such award has prior to the making of the claim been obtained from the Commission in default of appearance by the employer, or by consent of the worker and the employer, or if in any case the Com mission for any reason thinks fit, the Commis sion may cause to be made such inquiries as may be deemed necessary to determine the genuineness of the grounds on whieh the award is sought or was based. The Commission may adjourn the application, or if an award has been made may reopen the same, and

order

716 Workers’ Compensation (Amendment) Act.

No. 66, 1964

order its Registrar, or some other fit person,

— "	to take and defend the proceedings in substitu tion for the employer, and to such Registrar or person for such purposes all the rights of the employer shall be subrogated.

(vi) by inserting next after subsection seven of the same section the following new subsection : —

Joinder of	(7a) Where in the opinion of the Com mission or the Registrar the question has arisen whether an insurer is the insurer under this Act of an employer whose worker is making a claim under the Scheme the Com mission or Registrar, as the case may be, may notify the insurer of the proceedings and such notice shall operate to join the insurer as a party to the proceedings.
insurers.

(vii) by omitting subsection nine of the same section;

New sec.

(I) by inserting next after section 18c the following

18d.	new section: —

Leave to	1 8 d . The provisions of sections one hundred
proceed not

necessary in

and ninety-nine, two hundred and thirty and two

certain cases.

hundred and sixty-three of the Companies Act, 1961, as amended by subsequent Acts, shall not preclude a person from applying for an award of compensation or proceeding with such application without the leave of the Supreme Court in its equit able jurisdiction. Any award of compensation made pursuant to an application authorised by this section shall have force and effect only for the purposes of section 18c of this Act and not other wise and notwithstanding any such provisions of the Companies Act, 1961, as so amended.

(m)

Workers’ Compensation (Amendment) Act.

717

Xm) by omitting from subsection one of section thirty- No. 66, J964 one the words “and not more than four” :

„

’

Sec. 31.

(Appoint

ment of

Commis

sion.)

Xn) by inserting next after paragraph (e) of subsection sec. 36.

four of section thirty-six the following new para- (Jurisdic-

graph: —

(e l) the weekly amount or sum, as the case

may be, in accordance with subsection one of

section eleven or subsection two of section sixty of

this Act;

(o)

(i)

by inserting in subsection one of section forty-sec. 43. three after the word “claims” the words (Posting of “, together with—

(a)	in a case where the employer has pursuant to subsection one of section eighteen of this Act obtained a policy of insurance or indemnity "in respect of the persons there employed and the policy is for the time being in force, a statement setting forth the name and address of the insurer from whom the policy was obtained and stating that insurance under this Act has been effected with that insurer;
(b)	in a case where the employer is a self insurer, a statement that the employer is licensed as a self-insurer under this Act.”

(ii) by inserting in subsection two of the same section after the word “summary” where secondly occurring the words “or statement” ;

(iii)

718 Workers’ Compensation (Amendment) Act.

No. 66, 1964

(iii) by inserting in subsection three of the same section after the words “this Act” the words “and be liable to a penalty not exceeding twenty pounds for each day during which the offence continues” ;

----

Sec. 46.	(p) by omitting subsection four of section forty-six;
(Seamen.)
New sec.	(q) by inserting next after section forty-nine the follow

49a.	ing new section : —
Death of	49a. (1) Where an employer has entered into a contract with any insurer in respect of any liability under this Act to any worker, then in the event of the death of the employer, or an employer, being a corporation (other than a company which has commenced to be wound up), ceasing to exist, the rights the employer but for death or so ceasing would have had against the insurer as respects that liability shall be transferred to and vest in the worker.
employer.
Upon any such transfer the insurer shall have the same rights and remedies and be subject to the same liabilities as if such insurer were the employer, so however that the insurer shall not be under any greater liability to the worker than the insurer would have been under to the employer.
(2) In the event of the death of the employer the worker may, if the liability of the insurer to the worker is less than the liability of the employer to the worker, proceed for the balance against the personal representative of the employer.

Workers’ Compensatioo (Amendment) Act.

7 IS

Xr) by inserting next after section 53b the following No.

new sections : —	,
New secs.
53 c, 53d.

53c. A person who has applied to the Coinmis-^ppiicatjojjg

-	sion for awards of compensation in respect of	be beard
an injury to or incapacity of a worker or the death of a worker against two or more persons alleged to have been the employers of that worker either at the same time or at different times shall be entitled, if he so requests, to have all or any such applications heard together.

5 3 d . Proceedings for the recovery of compen-Recovery of

sation under this Act may be instituted by a person

notwithstanding that he is under the age of twenty- minors,

one years.

<s) by inserting at the end of secticm sixty-tisree thegec. 63.

following new subsection : —

{Negli gence.)

(6) In this section “judgment” does not include any order or direction made or given pursuant to any provisions of the Crimes Act, 1900, as amended by subsequent Acts, for the payment of a sum by way of compensation for an injury, but any sum so paid to a worker pursuant to such an order or direction shall be deducted from the compensation payable to him under this Act in respect of the injury.

(t)

by inserting at the end of sedtitm siicty-foair thesec. 64.

following new subsection : —

{Remedies

against

(2) In this section “damages” does not include

any sum ordered or directed pursuant to any pro- and

visions of the Crimes Act, 1900, as amended by stranger.)

subsequent Acts, to be paid by way of compensa

tion for an injury, but any such sum so paid to a

worker shall be deducted from the ccunpensation

payable to him under this Act in respect of the

injury.

(2):

720 Workers’ Compensation (Amendment) Act.

No. 66,1964	(2) (a) The amendments made by paragraphs (f) and (g) of subsection one of this section shall as from the commencement of this Act apply to and in respect of injuries received before as well as to those received after such commencement.
(b) The amendment made by subparagraph (i) of paragraph (h) of subsection one of this section shall apply to and in respect of injuries received before the commence ment of this Act by workers who have not before such com mencement made an election pursuant to subsection one of section sixteen of the Principal Act, as well as to injuries received after such commencement.
Where a worker who becomes by reason of the amendments effected by subparagraph (i) of paragraph (h) of subsection one of this section and the foregoing provisions of this para graph entitled to compensation under section sixteen of the Principal Act, as amended by this Act, applies to his employer for such compensation after the commencement of this Act, the amount payable to him under that section shall, whether the injury was received before or after the commencement of the Workers’ Compensation (Further Amendment) Act, 1960, be the appropriate amount indicated in the table set forth at the end of that section and as substituted by that Act.

(c)	The amendments made by subparagraphs

(iii) and (iv) of paragraph (k) of subsection one of this sec tion shall be deemed to have commenced on the first day of July, one thousand nine hundred and sixty-one.

(d) (i) The amendments made by paragraphs (q>, (s) and (t) of subsection one of this section shall be deemed to have commenced on the first day of July, one thousand nine hundred and twenty-six.

(ii)

Workers’ Compensation (Amendment) Act.

721

(ii) Nothing in this paragraph shall affect No. 66, 1964

the rights of any parties to any claim, action, suit or proceed ing which has before the commencement of this Act been determined where the time within which an appeal, including an application to Her Majesty in Council, from any such determination might have been made has expired before such commencement.

The Principal Act is further amended—

Further

amendment

of Act No.

15, 1926.

(a)	by omitting section 17a and by inserting in lieu Subst. sec. thereof the following section : —

17a. This Part of this Act shall not apply to or ĝ tere*̂ com-

in respect of—

pensation.

(a)

an injury received by a fire fighter arising out of or in the course of fighting a bush fire, or the destruction of or any damage to wearing apparel or personal effects upon a fire fighter whilst fighting a bush fire, or the destruction of or any damage to the crutches, artificial members, eyes or teeth, other artificial aids, or spectacle glasses, of a fire fighter whilst he was fighting a bush fire—if the place at which he was fighting the bush fire was within a fire district con stituted under the Fire Brigades Act, 1909, as amended by subsequent Acts;

(b)

an injury received by a fire fighter arising out of or in the course of journeying between the place of abode or place of employment of the fire fighter, or place from which the fire fighter was called, and the bush fire, or the destruction of or any

damage

722 Workers’ Compensation (Amendment) Act.

No. «6, 1964

damage to wearing apparel or personal effects upon a fire fighter or his crutches, artificial members, eyes or teeth, rather artificial aids, or spectacle glasses, while so journeying or the destruction of or any damage to any vehicle used for his con veyance between his place of abode or plai» of employment, or the place from which he was called, and the bush fire—if the place to which he was journeying or being con veyed for the purpose of fighting the bush fire, or from which he was journeying to his place of abode, place of employment, or place from which he was called, as the case may be, was within a fire district so constituted;

(c)	the destruction of or any damage to any vehicle, equipment or thing used in connec tion with fire fighting at or near the scene of a bush fire and owned by or in the pos session or custody of a fire fighter—if the destruction or damage was sustained within a fire district so constituted,

unless in any such case the bush fire was one to or from which a bush fire brigade was proceeding or at which a bush fire brigade operated or was in attendance for the purpose of its control or suppression.

Sec. 17b.	(b) by omitting from subsection one of section 17b the
tion.)

(Interpreta	definitions of “Council” and “Insurance company” ;
Sec. 17c.	by inserting in subsection three of section 17c after
tion payable
(Compensa	the word “twelve,” the figures and letter “12a,” ;
to fire
fighters for
injury

received.)

(d)

Workers’ Compensation (Amendment) Act.

723

(d)

(i)

by omitting paragraph (a) of section 17d and No. 66,1964

by inserting in lieu thereof the following para

graph .

(Indemnity for destruc tion of or

damage to

personal

(a)

the crutches, artificial members, eyes effects, tacle glasses of, or wearing apparel or personal effects upon—

(i) a fire fighter whilst fighting a

bush fire or in the course of journeying between the place of abode or place of employ ment of the fire fighter, or place from which he was called, and the bush fire, when such

journeying was made exclu-

sively and bona fide for the

purpose of engaging in fighting

a bush fire; or

(ii)

the captain, deputy captain, or any member of a bush fire brigade or the group captain or deputy group captain of any bush fire brigades whilst carry ing out bush fire preventive operations or preparatory work or in the course of journeying between the place of abode or place of employment of such captain, deputy captain, mem ber, group captain or deputy group captain and the place where bush fire preventive operations were or are to be carried out or preparatory work was or is to be carried out, when such journeying was made exclusively and bona fide

724 Workers’ Compensation (Amendment) Act.

No. 66, 1964

for the purpose of engaging in the carrying out of such preventive operations or pre paratory work;

(ii) by omitting paragraph (i) of the proviso to the same section and by inserting in lieu thereof the following paragraph : —

(i) the amount payable under paragraph (a) of this subsection shall not exceed—

(a)	in respect of all destruction of and damage to the crutches, artificial members, eyes, teeth, artificial aids, or spectacle glasses of a person, sustained on any one occasion—the amount applicable in respect of damage referred to in section 10a of this Act;
(b)	in respect of all destruction of and damage to wearing apparel or personal effects upon a person, sustained on any one occasion—the amount applic able in respect of damage referred to in section 10b of this Act;

(e) by omitting from subsection two of section 17e the

Sec.

17e .

(Bush Fire	words “All moneys received under this Part of this
Fighters
Compensa	Act shall be paid into such Fund, and the” and by
tion Fund.)	inserting in lieu thereof the words “Such Fund shall consist of the amount standing to its credit at the commencement of the Workers’ Compensation (Amendment) Act, 1964, together with amounts transferred thereto pursuant to this Part of this Act. The” ;

(f)

Workers’ Compensation (Amendment) Act.

(f) by omitting section 17f ;

No. 66, 1964

Sec.

17f .

(Returns by

insurance

companies.)

(g)

by omitting section 17g and by inserting in lieu

thereof the following section ; —

sec. i7o.

17g. The Commission shall as soon as is reason- Assessment

ably practicable before the thirtieth day of June, of contribu-* necessary in order to maintain that Fund on a sound financial basis during the next following financial year, and if it determines that such a contribution will be necessary shall assess the amount thereof.

one thousand nine hundred and sixty-five, and as tions.

early as is reasonably practicable in each succeed

ing financial year terminating on the thirtieth day

of June, determine whether any contribution to the

The Commission shall cause notice of each such determination and assessment to be given to the Minister for Local Government.

On the first day of July next following the notification as aforesaid of each such assessment an amount as so assessed shall be transferred to the said Fund from the Eastern and Central Divi sions Bush Fire Fighting Fund established under the Bush Fires Act, 1949, as amended by subsequent Acts. Amounts so transferred shall for the purposes of the said Act, as so amended, be deemed to be expenditure from the last mentioned Fund.

The provisions of this section shall have effect

notwithstanding anything contained in the Bush

Fires Act, 1949, as amended by subsequent Acts.

126 Workers’ Compensation (Amendment) Act.

isfo. 66, 1964

5.	The Principal Act is further amended—

Further

amendment

of Act No.

15,1926.

Sec. 6.	(a) (i) by omitting from the definition of “Insurer”
(Defini

tions.)

in subsection one of section six the word “authorised” and by inserting in lieu thereof the word “licensed” ;

(ii) by omitting from the definition of “Self insurer” in the same subsection the word “authorised” and by inserting in lieu thereof the word “licensed” ;

Sec. 18.	(b) (i) by omitting from subsection one of section
sory insur

(Compul

eighteen the word “Every” and by inserting in

ance.)

lieu thereof the words “Subject to subsection

(1a) of this section, every” ;

(ii) by omitting from the same subsection the words “Provided that the Commission may authorise any employer to undertake the liability referred to in this subsection who furnishes to the Commission a certified copy of his balance-sheets for his last three trading years, and such other particulars as may be required. The Commission may at any time upon notice to the employer concerned, and consideration of such evidence as he desires to submit, review and continue, suspend or terminate, any such authority as it may deem expedient.

“Employer” in this proviso includes a racing club or association.” ;

(iii) by inserting in the same subsection after the words “In this Act— ” the following words ; —

“ ‘license’ means a license granted or deemed to have been granted under this Part of this Act, and ‘licensee’ and ‘licensed’ have corresponding mean ings.” ;

(iv)

Workers’ Compensation (Amendment) Act.

727

(iv) by inserting next after the same subsection the No. 66, 1964 following new subsection : —

( 1 a ) On application made by an employer to the Commission in the form and manner and accompanied by the information prescribed by rules made under this Act and upon consideration of such evidence as the employer may submit and of such information, documents, particulars, and other evidence as the Commission may receive, the Commis sion may after due inquiry grant without limitation of time or for such period, and without conditions or subject to such condi tions, as the Commission deems fit a license to the employer to undertake himself the liabilities referred to in subsection one of this section, or the Commission may refuse such application. The provisions of subsection one of this section shall not apply to an employer while a license granted to him under this subsection is in force.

An employer so licensed who fails to comply in all respects with the conditions of his license shall be guilty of an offence against this Act.

Any authority granted to an employer under subsection one of this section as enacted before the commencement of the Workers’ Compensation (Amendment) Act, 1964, and in force at such commencement, shall be deemed to be a license granted under this subsection.

The Commission may at any time upon notice to an employer so licensed, after due inquiry and consideration of such evidence as he may submit and of such information, documents, particulars and other evidence as

the

728 Workers’ Compensation (Amendment) Act.

No. 66, 1964

the Commission may receive, suspend or terminate any such license, or limit or vary

.	the period thereof, or attach any conditions thereto, or vary the conditions thereof.

(v) by omitting subsection four of the same section;

Sec. 19.

(Deposits by	by inserting in lieu thereof the following sub
insurers.)	section : —
(4) Subsection three of this section shall not operate to require—

(a)	a self-insurer to enter into any contract of reinsurance unless he is an insurer licensed under section twenty-seven of this Act, or
(b)	an insurer to enter into any such contract if he confines his operations to indemni fying one employer, or a group of employers engaged in one industry, trade, or business in respect of the liability to workers under this Act and at common law. The opera tions of a racing or recreation club shall for the purposes of this paragraph be deemed to be its trade or business.

Sgg 20.

(d) by omitting subsection one of section twenty and (1) (a) An employer licensed as a self-insurer shall on the granting of his license deposit with the Treasurer a sum of money the amount of which shall be determined by the Commission and the license shall be deemed not to be in force unless and until the employer so deposits that sum.

(Amount of	by inserting in lieu thereof the following sub
deposit.)	section: —

(b)

Workers’ Compensation (Amendment) Act.

729

(b) The Commission may from time to Ne. 66,1964

time by notice to an employer so licensed direct the employer to deposit with the Treasurer such sums, additional to any sums so deposited whether before or after the commencement of the Workers’ Compensation (Amendment) Act, 1964, as the Commission may determine. An employer who fails to comply with any such direction shall be guilty of an offence against this Act.

(c) The Commission may from time to time authorise the Treasurer to refund to such an employer any part of the amount or, as the case may require, any part of the total of the amounts, deposited by that employer pursuant to this subsection or the subsection which this subsection replaces.

(d)	In this section “employer” includes a

racing club or association.

(e)

by inserting in subsection one of section twenty- sec. 24. four after the words “at common law” the words (Application

“or, in the case of an employer licensed under sub-

deposit.)

section ( 1 a ) of section eighteen of this Act, in respect of the liabilities referred to in subsection one of that section,” ;

(f)

by omitting section 25a and by inserting in lieu subst. sec.

thereof the following section : —

25a.

25a. An employer who has either before or after Return of

the commencement of the Workers’ Compensation sei*?”**** ***

(Amendment) Act, 1964, deposited any sum or insurers,

sums of money pursuant to subsection one of sec

tion twenty of this Act or the subsection replaced

by that subsection may in the event of his ceasing

730 Workers’ Compensation (Amendment) Act.

No. 66,1964

to b e licensed under subsection ( 1 a ) of section

“ “	eighteen of this Act withdraw all sums so deposited
b y him and standing to his credit—

(a)	on the expiration of three months after ser vice on the Treasurer of a request in writ ing duly signed by or on behalf of the employer for the refund of such sums; and
(b)	on satisfying the Treasurer that all the accrued, continuing, future, and contingent liabilities of the employer under this Act in respect of workers employed by him while he was so licensed have been dis charged or suitably and adequately provided

for.

Sec. 26.

(g) by inserting in section twenty-six after the word

(Evidence,)]

“complaint” the words “or information” ;

Subst. sect.

(h) by omitting sections twenty-seven, twenty-eight,

27-30.

twenty-nine and thirty and by inserting in lieu

thereof the following sections ; —

Licensing

27. (1) On application made by any person to the Commission in the form and manner and accompanied by the information prescribed by rules made under this Act and upon consideration of such evidence as he may submit and of such infor mation, documents, particulars, and other evidence as the Commission may receive, the Commission may after due inquiry grant to that person without limitation of time or for such period, and without conditions or subject to such conditions, as the Commission deems fit a license to carry on in New South Wales the business of insurance of employers against their liability to their workers under this Act, and independently of this Act for injuries to

of insurers.

their

Workers’ Compensation (Amendment) Act.

731

their workers, or the Commission may refuse such No. 66,1964

application. An insurer so licensed who fails to

comply in all respects with the conditions of his

license shall be guilty of an offence against this Act.

(2) Any license granted under the section which this section replaces, and in force at the commencement of the Workers’ Compensation (Amendment) Act, 1964, shall be deemed to be a license granted under this section.

2 8 . ( 1 )

Every person licensed under subsection information,

(1a) of section eighteen or section twenty-seven of

this Act—

licensees.

(a)	shall furnish to the Commission within the time specified in the notice hereinafter referred to such information,’ particulars, accounts, documents and copies of accounts and documents as to his business and financial position as the Commission may by notice in writing to the licensee from time to time require;
(b)	being a corporation, shall notify the Com mission in writing of any of the following matters, events, or things within twenty- one days of the happening thereof (whether within or outside the State), namely : —

(i) any default by such licensee or its holding corporation in the payment of principal or interest under any debenture issued by such licensee or corporation;

(ii) the appointment of a liquidator, receiver or manager of the property of such licensee or corporation;

(iii)

732 ^Workers’ Compensation (Amendment) Act.

No. 66, 1964	(iii)	that such licensee or corporation has resolved by special resolution that it be wound up voluntarily or by a court;
(iv)	that a person claiming to be a creditor by assignment or otherwise of such licensee or corporation for a sum exceeding fifty pounds then due has served on such licensee or corporation by leaving at its regis tered office a demand under his hand or under the hand of his agent thereunto lawfully authorised re quiring such licensee or corporation to pay the sum so claimed to be due, and such licensee or corpora tion has for three weeks thereafter failed to pay the sum or to secure or compound for it to the satisfac tion of the person claiming to be a creditor;
(v)	the return unsatisfied in whole or part of execution or other process issued on a judgment, decree or order of any court in favour of a creditor of such licensee or corpora tion;
(vi)	the receipt by such licensee or cor poration, or the giving, or causing to be given by such licensee or corporation, of any notice or state ment mentioned in subsection two of section one hundred and eighty- four of the Companies Act, 1961, as amended by subsequent Acts;

( v u )

Workers’ Compensation (Amemlhnent) Art.

733

(vii)

the making of an order for the No. 66, 1964 poration by any court;

(viii) the receipt by such licensee or cor poration of any notice of an applica tion for an order for the winding-up of such licensee or corporation by any court.

In this subsection “holding corporation” means a corporation of which the licensee is a subsidiary.

(2)	A licensee who fails to comply with

any of the provisions of subsection one of this section shall be guilty of an offence against this Act.

29. (1) Subject to the provisions of this section Termination

the Commission may suspend, or terminate, any license granted under section twenty-seven of this Act, or limit, or vary the period thereof, or attach any conditions thereto, or vary the conditions there of, if it is satisfied of one or more of the following matters, events or things : —

(a) that the licensee is unable to pay his debts;

<b) that the licensee being a corporation has resolved that it be wound up voluntarily or by a court;

(c)	that the licensee has not commenced the business for which he is licensed for a year from the date at which his license was granted, or has suspended his said business for a whole year;
(d)	that in the case of the licensee being a company an inspector appointed under section one hundred and sixty-nine or section one hundred and seventy of the

Companies

734 Workers’ Compensation (Amendment) Act.

No. 66, 1964

Companies Act, 1961, as amended by subsequent Acts, or under any equivalent provision of any Act or ordinance relating to companies for the time being in force in any other State or Territory of the Com monwealth, has reported that he is of the opinion—

(i) that the company cannot pay its debts and should be wound up, or

(ii) that it is in the interests of the public or of the shareholders or of the creditors that the company should be wound up ;

(e)	that the licensee has failed to comply with any provision of this Act and such failure constitutes a substantial breach of the requirements of this Act;
(f)	that the licensee has been guilty of repeated breaches of this Act, whether of the same kind or of different kinds;
(g)	that the licensee has failed to arrange suit able and adequate reinsurance of liabilities undertaken by him under policies of insur ance or indemnity issued by him;
(h)	that the licensee has failed to make suitable and adequate provision for his accrued, continuing, future, and contingent liabilities under policies of insurance or indemnity issued by him ;

(i) that the licensee has failed to comply with the conditions of his license;

( j )

Workers’ Compensation (Amendmeirt) Act.

735

(j)

that the licensee has unreasonably failed, No. -66,1964 made by the Commission against an employer insured or indemnified by the licensee against the liability of the employer thereunder;

(k)	that the conduct of the licensee, his em ployees, and officers, and the arrangement of his affairs have been such that, in the opinion of the Commission, he should not continue to hold a license.

<2) For the purposes of this section a licensee shall be deemed to be unable to pay his debts if—

(a)	a creditor by assignment or otherwise to whojn the licensee is indebted in a sum exceeding fifty pounds then due has served on the licensee by leaving at his usual place of business or if such licensee is a corpora tion at the registered office thereof a demand under his hand or under the hand of his agent thereunto lawfully authorised requir ing the licensee to pay the sum so due, and the licensee has for three weeks thereafter neglected to pay the sum or to seeure or compound for it to the reasonable satisfac tion of the creditor; or
(b)	execution or other process issued on a judg ment, decree or order of any court in favour of a creditor of the licensee is returned unsatisfied in whole or in part; or
(c)	it is proved to the satisfaction of the Com mission that the licensee is unable to pay his debts and in determining whether a licensee is unable to pay his debts the

Commission

736 Workers’ Compensation (Amendment) Act.

No. 66, 1964

Commission shall take into account the accrued, continuing, future and contingent liabilities of the licensee.

(3)	(a) Proceedings on any ground speci

fied in subsection one of this section or subsection seven of section 18c of this Act for the suspension or termination of a license or for limiting or varying the period of a license or attaching any conditions thereto or varying the conditions thereof shall be instituted by application by the Registrar in the form and manner prescribed by rules made under this Act, setting forth the ground or grounds of the application, and thereupon the Commission shall give notice in such form and manner as is so prescribed to the licensee mentioned in such appli cation calling upon him to show cause why his license should not be dealt with as aforesaid.

(b) The Commission shall hear evi dence in support of and in answer to the application, and after due inquiry shall decide whether or not the license should be dealt with as aforesaid, giving reasons for the decision.

(c)	An appeal from any decision given

by the Commission on such application shall lie to the Supreme Court in its equitable jurisdiction. Such appeal shall be instituted by notice of appeal filed in the Equity Office within thirty days after the giving of the decision appealed from and the Court on such appeal may make any such orders as the Commission might have made on such appli cation. The provisions of section thirty-seven of this Act shall not apply to and in respect of any such decision.

Workers’ Compensation (Amendment) Act.

737

(d) A decision of the Commission No. 66, 1964

dealing with a license as aforesaid shall unless other wise thereby provided have effect from the time that the same is given but the licensee may before the expiration of the time limited for appeal or while an appeal is pending apply to the Commission or at his option to the Supreme Court in its equit able jurisdiction and the Commission or the Court as the case may be may thereupon on such terms and for such time as it may think fit suspend in whole or in part the operation of the Commission’s decision pending the determination of an appeal.

(e) In every appeal under this section

the costs of the appeal, including the costs of any

issue therein, shall be in the discretion of the Court.

29a. Terms and expressions used in sections Construc-

twenty-eight and twenty-nine of this Act shall unless a contrary intention appears have meanings corres ponding to the meanings ascribed to such terms and expressions in the Companies Act, 1961, as amended by subsequent Acts, or other relevant Acts or ordinances relating to companies for the time being in force in any other State or Territory of the Commonwealth.

30. The Commission may at the request of a Termination,

licensee suspend or terminate his license or limit

or vary the period or vary the conditions thereof,

request of licensees.

<i)

(i)

by inserting at the end of subsection one of Sec. 30a.

section 3 0 a the following new paragraph : —

(insurance

Premiums

Committee.)

This section shall apply to and in respect of licensed insurers under section twenty-seven of this Act.

(ii)

57191—24

73S	Workers’ Compensation (Amendment) AcL

No. 66, 1964

omitting from paragraph (c) of subsection

-----	(13a ) of the same section the words “to be
failure to comply with a material provision of this Act, and thereupon the provisions of section twenty-eight of this Act shall, mutatis mutandis, apply thereto” and by inserting in lieu thereof the words “for the purposes of section twenty-eight of this Act to constitute a substantial breach of the requirements of this Act” ;

New secs.	(j)	by inserting next after section 30a the following new
30b-30e .
sections : —

Inspection

30b .

(1) If on an application made to a member there is shown to be reasonable cause to believe that a licensee, or any person employed by a licensee, has committed an offence against tliis Act or that there is reasonable cause to believe that grounds exist for the license of a licensee being dealt with under any provision of this Act and that evidence of the committing of the offence or of the existence of any such grounds is to be found in any books, documents, papers or records of or under the control of the licensee, such member of the Com mission may make an order—

of books

and papcars	of the Commission in chambers by the Registrar <a) authorising any person named therein to inspect and make copies of or extracts from such books, documents, papers or records or any of them; or
of licensees.

requiring the licensee or any employee of the licensee named or designated in the order to produce such books, documents, papers or records or any of them to a person and at a place named in the order.

(2)

Workers’ Compensation (Amendment) Act.

739

(2) Any person hindering or preventing a No. 66, 1964

person authorised thereto by such order from inspecting or making copies of or extracts from any such books, documents, papers or records and any hcensee or any employee of the licensee named or designated in any such order who refuses or neglects to produce any such books, documents, papers or records in accordance with any such order, shall be guilty of an offence against this Act.

30c. (1) The Commission shall keep records in Records

relation to all licenses which records shall include particulars of the granting, refusal, duration, suspension and termination of licenses, the condi tions thereof and such other matters pertaining thereto as the Commission may think fit.

(2) A certificate purporting to be signed by the Registrar or deputy or assistant registrar of the Commission or other prescribed officer certify ing that on any date or during any period specified in the certificate the particulars set forth in the certificate as to any of the matters specified or referred to in subsection one of this section did or did not appear on or from such records shall, in all courts and upon all occasions whatsoever, without proof of the signature or of the official character of the person purporting to have signed the certificate and without the production of any record or document upon which the certificate is founded, be prima facie evidence of the particulars certified in and by the certificate.

(3) An applicant for a license shall if so required by the Commission give such notice of his application by advertisement or otherwise as the Commission may determine and if he fails to do so the application shall be deemed not to have been duly made.

(4)

740 Workers’ Compensation (Amendment) Act.

N*. 66,1964

(4) The Commission shall cause notifica-

ticm of every suspension or termination of a license

to be published in the Gazette.

Penalties.

30d . (1) (a) A license which has been ter minated or the period of which has expired or which is for the time being suspended shall be deemed not to be in force.

(b)	Every person who carries on the

business of insurance of employers against their liability to their workers under this Act, or indepen dently of this Act, for injuries to their workers, shall unless a license has been granted to him under section twenty-seven of this Act and is for the time being in force be guilty of an offence against this Act and be liable to a penalty not exceeding five hundred pounds for every day during which such business is carried on.

(2) Every person who commits an offence under this Part of this Act shall where no other pecuniary penalty is provided be liable to a penalty not exceeding two hundred pounds or imprisonment for a term not exceeding six months, and after the date of conviction of any such offence shall from time to time be liable to further penalties not exceeding fifty pounds for every week during which he continues to commit the offence.

Saving of	30e . N o contract of insurance or indemnity and no term or condition thereof shall be void or unenforceable by reason only of the fact that the person issuing the policy was not licensed pursuant to section twenty-seven of this Act or that the issue thereof by a person so licensed was contrary to the conditions of his license.
policies.

(k )

Workers’ Compensation (Amendment) Act.

741

(i)

by inserting in subsection four of section forty- No. 66, 1964 occurring the words “licensed under section (Constitu-

twenty-seven of this Act” ;

tionof

fund.)

(ii) by omitting from subsection seven of the same section the word “authorised” and by inserting in lieu thereof the words “licensed under this Act”.

6 .

(1) The Principal Act is further amended-

Further

amendment

of Act No.

15, 1926.

Fisher v.

Hebburn

Limited,

105 C.L.R.

188.

(i)	ants” in subsection one of section six the (Defim-

by omitting from the definition of “Depend- Sec. 6. in lieu thereof the words “for support upon” ;

(ii) by omitting from the same definition the words “his earnings” wherever occurring and by inserting in lieu thereof the word “him” ;

(b) (i) by omitting from subsection one of section Sec. 8.

eight the words “upon his earnings” and by (Compensa-

inserting in lieu thereof the words “for support

upon the worker” ;

(Death).)

(ii) by omitting from paragraph (b) of the same subsection the v/ords “on the earnings of” and by inserting in lieu thereof the words “for support on” ;

(iii) by omitting from subsection two of the same section the words “his earnings” where firstly occurring and by inserting in lieu thereof the words “him for support” ;

(iv)

Workers’ Compensation (Amendment) Act.

No. «6,1964	(iv)	by omitting from the same subsection the words “dependent upon his earnings” where secondly occurring and by inserting in lieu thereof the words “so dependent” ;
(v)	by omitting from paragraph (a) of subsection five of the same section the words “upon the earnings of” wherever occurring and by insert ing in lieu thereof the words “for support upon” ;

Sec. 9.	(c) (i) by omitting from paragraph (b) of subsection
(Total

or partial

one of section nine the words “on the earnings

incapacity.)

of” wherever occurring and by inserting in

lieu thereof the words “for support on” ;

(ii) by omitting from paragraph (c) of the same subsection the words “on the earnings of” wherever occurring and by inserting in lieu thereof the words “for support on” ;

(iii) by omitting from paragraph (d) of the same subsection the words “on the earnings of” and by inserting in lieu thereof the words “for support on” ;

(iv) by omitting from paragraph (e) of the same subsection the words “on the earnings of” and by inserting in lieu thereof the words “for support on” ;

(v) by omitting from subsection seven of the same section the words “on the earnings of” and by inserting in lieu thereof the words “for support on” ;

(vi) by omitting from the same subsection the words “upon the earnings of” and by inserting in lieu thereof the words “for support on” ;

(d)

Workers’ Compensation (Amendment) Act.

743

(d)

by inserting next after subsection six of section No. 66, 1964

eighteen the following new subsection: —

Sec. 18.

(Compulsorj

insurance.)

(6 a ) Where before or after the commencement of the Workers’ Compensation (Amendment) Act, 1964, an employer has become liable under this Act to pay compensation to a worker in respect of incapacity resulting from an injury referred to in subsection four or (4a) of section seven of this Act or has become liable under section sixteen of this Act to pay compensation to a worker in respect of an injury referred to in subsection (1 a ) of that section, then for the purpose of determining whether any insurer or which of two or more insurers is liable under a contract of insurance or indemnity in respect of that compensation, the liability of the employer shall notwithstanding the provisions of subsection five of the said section seven and of subsection (1 a ) of the said section sixteen be deemed to have arisen immediately before the worker ceased to be employed by the employer.

(2)	(a) A person who would have been entitled to

compensation under any provision of the Workers’ Compen sation Act, 1926, or any amendment thereof, had dependency for support on a worker in lieu of dependency on the earnings of a worker been a determining factor shall be deemed to be and always to have been so entitled.

(b) Nothing in this subsection shall affect the rights of any parties to any claim, action, suit or proceeding which has before the commencement of this Act been deter mined where the time within which an appeal, including an application to Her Majesty in Council, from any such deter mination might have been made has expired before such commencement.

Workm’ Compensation (Amendment) Act.

No. « 6 ,1964

7 .

Any policy of insurance against liability under the

Subsisting	Workers’ Compensation Act, 1926, or any amendment of that
policies.	Act, being maintained in force at the commencement of this
Act No. 58,	Act shall be deemed to insure the employer and always to
1960, s. 5.	have insured the employer against any additional liability to which he may become liable during the currency of the policy under any amendment of the Principal Act made by this Act. Where a person is in receipt of compensation at the com mencement of this Act and such compensation is payable by an insurer such insurer shall be liable to pay any addi tional compensation to which such person becomes entitled by virtue of any amendment made by this Act.

Commence-

( 1 ) This section shall commence upon a day to be

ment.

appointed by the Governor and notified by proclamation

published in the Gazette.

Amendment

(2) The Workmen’s Compensation (Broken HiU)

36,̂ 1920.°	1920-1964. is amended-
Schedule,	(a) (i) by omitting from the definition of “Benefi

par. 2.

ciary” in subparagraph (a) of paragraph 2 of Part I of the Schedule the words “under the school leaving age” where firstly occurring and by inserting in lieu thereof the words under the age of sixteen years or being a student,” ;

(ii) by omitting from the same definition the words “under the school leaving age” where secondly occurring;

(iii) by inserting at the end of the same definition the words “where such sister or brother or illegitimate or adopted child is under the age of sixteen years or is a student” ;

fiv)

Workers’ Compensation (Amendment) Act.

745

(iv)

by inserting in the same subparagraph next No. 66, 1964 following new definition : —

“Student” means person of or over the age of sixteen years but under the age of twenty-one years who is receiving full time education at a school, college or university;

(v) by omitting subparagraph (b) of the same paragraph;

( b ) ( i ) by omitting from subparagraph (a) of para-Schedule,

graph 6 of Part II of the Schedule the words “the school leaving age” where firstly occur ring and by inserting in lieu thereof the words “the age of sixteen years or being a student” ;

(ii) by omitting from the same subparagraph the words “under the school leaving age” where secondly occurring and by inserting in lieu thereof the words “any member of which is under the age of sixteen years or a student” ;

(iii) by omitting from subparagraph (b) of the same paragraph the words “the school leaving age” and by inserting in lieu thereof the words “the age of sixteen years or being a student” ;

(iv) by omitting from subparagraph (d) of the same paragraph the words “the school leaving age” and by inserting in lieu thereof the words “the age of sixteen years or being a student” ;

(c )	(i)
by omitting from subparagraph (b) of para- Schedule, “5 10 0” wherever occurring and by inserting in lieu thereof the figures “6 15 0” ;
(ii)	by omitting from the same subparagraph the figures “1 0 0” and by inserting in Ueu thereof the figures “1 3 0” ;

(iii) by omitting from the same subparagraph the figures “3 2 6” and by inserting in lieu thereof the figures “4 0 0” ;

(iv)

746 Workers’ Compensation (Amendment) Act.

No. 66, 1964

(iv)

by omitting from paragraph (i) of subpara graph (c) of the same paragraph the words “Social Services Consolidation Act 1947-1949 of the ParUament of the Commonwealth” and by inserting in lieu thereof the words “Social Services Consolidation Act 1947 of the Parliament of the Commonwealth, or any Act amending or replacing that Act”.

(3) The amendments made by subsection two of this section shall be deemed to extend to, and from the com mencement of this section, apply in respect of all persons who were immediately before such commencement in receipt of compensation under the Workmen’s Compensation (Broken Hill) Act, 1920-1964, as well as to all persons becoming entitled to compensation thereunder after such commence ment.

(4) The Workmen’s Compensation (Broken Hill) Act, 1920, as amended by subsequent Acts and by this Act, may be cited as the Workmen’s Compensation (Broken HUD Act, 1920-1964.

Amendment	9. (1) The Common Law Procedure Act, 1899, as
of Act No.

21,1899.	amended by subsequent Acts, is amended by inserting in
Sec. 142.	subsection one of section one hundred and forty-two after
(Judgment	the word “thereon” the words “ : Provided that where
debts to
carry	pursuant to section sixty-three or sixty-four of the Workers’
interest.)	Compensation Act, 1926, as amended by subsequent Acts, any payment is to the extent of the amount thereof a satisfac tion of the judgment, so much of the amount of the verdict as is equivalent to that payment shall if the payment was made—

(a) before the verdict was obtained, carry no interest;

(b)	after the verdict was obtained, carry interest only until the time when the payment was made.”

(2) The Common Law Procedure Act, 1899, as amended by subsequent Acts and by this Act, may be cited as the Common Law Procedure Act, 1899-1964.

COAL