Workers' Compensation (Further Amendment) Act 1977 (NSW)

WORKERS' COMPENSATION (FURTHER

AMENDMENT) ACT, 1977

ANNO VICESIMO SEXTO

ELIZABETHE II REGINE

Act No. 37, 1977.

An Act to exclude from the definition of "worker" in section 6 (1) of the Workers' Compensation Act, 1926, certain persons who are contestants in sporting or athletic activities. [Assented to, 13th April, 1977.] B E

BE it enacted by the Queen's Most Excellent Majesty, by 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.     This Act may be cited as the "Workers' Compensation

(Further Amendment) Act, 1977".

2. The Workers' Compensation Act, 1926, is amended—

(a) by inserting after paragraph (f) of the definition of "Worker" in section 6 (1) the following paragraph :—

(g) except as provided in subsections (10) and (14c), any person while he is, during the period commencing on the date of assent to this Act and ending on 31st December, 1977—

(i)   participating as a contestant in any sporting or athletic activity;

(ii)   engaged in training or preparing himself with a view to his so participating; or

(iii) engaged on any daily or other periodic journey or other journey in connection with his so participating or his being so engaged,

if, under the contract pursuant to which he does any of the things referred to in subparagraph (i), (ii) or (iii), he is not entitled to any remuneration other than remuneration for the doing of those things.

(b)

(b)	by inserting in section 6 (12) after the word "person" the words "(not being a person referred to in paragraph (g) of the definition of "worker"
in subsection ( 1 ) ) " ;
(c)	by omitting from the proviso to section 6 (14c) the word "performance." where lastly occurring and by inserting instead the following word and proviso :—

performance :

Provided further that a person referred to in paragraph (g) of the definition of "worker" in subsection (1) shall be deemed not to be a person referred to in paragraph (b) or ( c ) .

(1 ) A person is not entitled to claim or receive compensation under the Workers' Compensation Act, 1926, in respect of an injury to or the death of a person that occurred before the date of assent to this Act if, had section 2 been in force when the injury or death occurred, the person who was injured or who died would not have been a worker within the meaning of that Act by reason only of the amendments made by that section.

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(2 ) Subsection (1) does not apply in respect of

compensation—

(a)	in respect of which proceedings had been com­ menced in the Workers' Compensation Commission	of New South Wales before 22nd February, 1977;
or
(b)	payable to a person deemed to be a worker by section 4.

Where, immediately before the date of assent to this Act, a policy of insurance or indemnity referred to in section 18 (1 ) of the Workers' Compensation Act, 1926, was in force in respect of a person referred to in paragraph (g) of the definition of "worker" in section 6 (1) of that Act, as

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amended

amended by section 2, that person shall, notwithstanding the amendments made by section 2, be deemed, while he does any of the things referred to in subparagraph ( i ) , (ii) or (iii) of that paragraph under a contract with the person to whom that policy was issued, to be a worker within the meaning of that Act until that policy either ceases to be in force or would, but for its being cancelled at the request of the person to whom it was issued, cease to be in force, whichever is the later.

Nothing in this Act in any way affects or limits the operation of the Workers' Compensation Act, 1926, with respect to compensation in respect of an injury to or the death of a person if any person at any time before the date of assent to this Act received compensation under that Act in respect of that injury or death.

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