Workers’ Compensation (Brucellosis) Act 1979 (NSW)

An Act to make special provisions with respect to the payment of workers’ compensation to certain workers having or suspected of having brucellosis; to establish a Brucellosis Compensation Fund; to provide for the payment of contributions to that Fund by certain employers and for the reimbursement out of that Fund of certain compensation paid to those workers; to make provisions for or with respect to the medical examination of those workers; and for certain other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Workers’ Compensation (Brucellosis) Act 1979.

2Principal Act(1)

The Workers’ Compensation Act 1926 is referred to in this Act as the Principal Act.

(2)

Except in so far as a contrary intention appears, this Act shall be construed with, and as part of, the Principal Act.

(3)

After the repeal of the Principal Act, a reference in this Act to a provision of that Act shall be construed as a reference to the corresponding provision of the Workers Compensation Act 1987.

3

(Repealed)

4Interpretation(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

abattoir means an abattoir licensed as such under the Meat Industry Act 1978.

authorised medical practitioner means a medical practitioner for the time being appointed by the Health Commission of New South Wales under section 32.

Board means the State Compensation Board constituted under the Principal Act.

employer means an employer within the meaning of the Principal Act who is:

• (a)

  an employer who is specified or described in Column 1 of Schedule 1, or

• (b)

  an employer who is a member of a class of employers specified or described in Column 1 of Schedule 1.

Fund means the Brucellosis Compensation Fund established under this Act.

Institute means the Institute of Clinical Pathology and Medical Research operated by the Health Commission of New South Wales.

Insurance Premiums Committee means the Insurance Premiums Committee constituted under the Principal Act.

insurer, in relation to an employer, means the insurer from whom the employer has obtained a policy of insurance or indemnity for the purposes of the Principal Act.

regulation means a regulation under this Act.

rule means a rule made by the Board under this Act.

slaughter-house means a slaughter-house licensed as such under the Meat Industry Act 1978.

worker means a worker within the meaning of the Principal Act who is a member of a class of workers specified or described in Column 2 of Schedule 1.

(2)

Wherever, under this Act, something is required to be:

• (a)

  done by the Institute—that thing shall be done by the person for the time being in charge of the Institute or a person acting on his behalf or at his direction, or

• (b)

  sent to, or be done by, an authorised medical practitioner—that thing may be sent to, or be done by, as the case may require, an authorised medical practitioner acting in his place.

Parts 2–55–38

(Repealed)

Part 6Duration of Act39Saving(1)

(Repealed)

(2)

Any certificate issued as referred to in a provision of this Act and:

• (a)

  in force immediately before the date of the repeal of that provision effected by section 41 as in force before the commencement of the Workers’ Compensation (Brucellosis) Revival and Amendment Act 1986, or

• (b)

  in force immediately before the date of the repeal of that provision effected by section 41 as in force after that commencement,

shall continue to have force and effect as if that repeal had not been effected.

40Winding up of the Fund(1)

Any money remaining in the Fund as at the date of the repeal effected by section 41, not being money required to pay any claims arising under this Act before that date, shall be refunded to the employers who have contributed to the Fund, or to such of those employers as the Insurance Premiums Committee determines, according to a formula determined by the Insurance Premiums Committee and approved by the Minister.

(2)

Subsection (1) does not apply, and shall be deemed never to have applied, in respect of the repeal effected by section 41 as in force before the commencement of the Workers’ Compensation (Brucellosis) Revival and Amendment Act 1986.

41Repeal of provisions of Act

On and from 1 July 1988 this Act, Part 1 and this Part excepted, is repealed.

Schedule 1

(Repealed)