Workers' Compensation (Lead Poisoning, Mount Isa) Act of 1933 (24 Geo v No. 34) (Qld)

LABOUR. 146·11 24 GEO. V. No. 34 1933. Workers' Compensation (Lead, Etc.) Act. 8. The provisions of this Act shall be in aid of and Act to be in not in derogation of any Orders in Council or regulations aid °Ift' made under t he P rm· C.lpalAct or hereafter to be made r & e c g . ualOns, under the Principal Act and this Act. And all Orders in Council and regulations made or purporting to be made under the Principal Act, and in force at the passing of this Act, are approved, ratified, and confirmed and shall remain in force until the same or any of them are rescinded, amended, varied, or added to pursuant to the powers contained in the Principal Act and this Act accordingly. An Act to Enact Special Provisions relating to Compensation to Workers for Lead Poisoning Contracted by such Workers in the Employment of Mount Isa Mines Limited, Mount Isa, and for purposes incidental thereto or consequent thereon. 24 Geo. V. No. 34. THE WORKERS' COMPlCNSA· TION (LEAD POISONING, MOUNT ISA) ACT OF 1933. [ASSENTED 1'0 21ST DECEMBER, 1933.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as "The Workers' Short title Compensation (Lead Poisoning, Mount Isa) Act of 1933," ~ ~ ~struction. and shall be read as one with *" The Workers' Compensation Acts, 1916 to 1929" (or any Act amending or in substitution therefor), hereinafter collectively referred to as the Principal Act. 2. In this Act, unless the context otherwise Interpreta. indicates, the following terms have the meanings set tion. against them respectively, that is to say;- "Board" means the Medical Board constituted Board. under this Act; " Mine" means the site and works at Mount Isa, Mine. Queensland, known as Mount Isa Mines, and any additions thereto or extensions thereof ; * 6 Geo. V. No. 35 and amending Acts, supra, pages 9851 et seq.

14642 LABOUR. ·Workers' Compensation (Lead, Etc.) Act. 24 GEO. V. No. 34, Mining Company. Wor-ker. " Mining Company" means the Mount Isa Mines Limited or any other person, firm, or company hereafter working the said mine; "Worker" means any worker as defined in the Principal Act who is or was, at the date of incapacity, employed in or upon the works of the Mining Company. And, subject to this Act, the definitions in the Principal Act shall, m~ ttatis mutandis, apply and extend to this Act. Constitution 3. (1.) A Medical Board is hereby constituted BofoMaredd. ical consisting of three legally qualified medical practitioners, resident at Mount Isa, who shall be appointed by the Governor in Council, one of whom shall be nominated by Mount Isa Mines Limited, one by the workers, and a chairman nominated by the Minister. Tenure. (2.) Every member of the Board shall hold office for a period of two years, and shall, upon the expiration of his term of office, be eligible for reappointment. Decision of (3.) The decision of any two members of the Board Board. on any matter shall be deemed to be the decision of the whole Board. Secretary. (4.) There shall be a secretary to the Board if and when required who shall from time to time be appointed by the Governor in Council for such period as the Governor in Council thinks fit. The secretary shall, when so instructed by the chairman of the Board, convene meetings of the Board, and when so authorised by the Board shall issue certificates as presQribed by the regulations for and on behalf of the Board. Fees and (5.) The members of the Board and the secretary allowances. thereof shall be paid such fees and allowances as are prescribed. Appropria- tiOn. (6.) Any fees and allowances payable to members of the Board and to the secretary, and any expenses incurred by the Board, shall, subject to any regulations made by the Governor in Council, be paid out of the State Accident Insurance Fund constituted under the Principal Act, which to the necessary extent is hereby appropriated.

LABOUR. 14643 1933. Workers' Compensation (Lead, Etc.) Act. 4 The Board shall, from a date to be notified by Powers of the Governor in Council in the Gazette exclusively Board. exercise the powers and perform the functions of a certifying medical practitioner and of a medical referee under*" The Workers' Compensation Acts, 1916 to t1933," in respect of workers incapacitated or alleged to be incapacitated by lead-poisoning, and who were at the time of contracting such lead-poisoning employed by the Mining Company in or upon such mine. 5. (1.) The certificate of the Board as to the Certificat.e incapacity from lead-poisoning of any worker, periods of Boaru. of disability, and fitness for employment shall be conclusive evidence as to the matter so certified. (2.) When the Board issues a certificate of fitness Certificate for employment, the worker's right to compensation of fitness. shall thereupon terminate, subject to all rights of reference to, and appeal from the decision of, an industrial magistrate, and the provisions of the Principal Act in relation to such rights of reference and appeal are, mutatis mutandis, applied and extended herein accordingly. (3.) A worker who has been certified by the Board Medi~ al . as incapacitated by lead-poisoning shall, from time to exammatlOn. time at the request of the Board, present himself to the Board to be medically examined. (4.) If a worker refuses the request of the Board to Refusal of pre~ ent himself to the Board to be I?ed~cally .exa.mined, ; :s: ~ to or In any way obstructs such exammatIOn, hIS nght to bimself for compensation and to take or prosecute any proceedings examination. to recover compensation under *" The Workers' Compensation Acts, 1916 to t1933," shall be suspended until he undergoes such examination. (5.) (a) Any medical practitioner attending any Medi~a! worker employed by the Mining Company , whom he has tporag c i t v lt e lOner reasonable grounds for believing to be suffering from or notice to incapacitated by lead-poisoning contracted in or upon ~ ~ : ~ ~ / f the mine, shall forthwith give notice thereof in writing suffering to the Board. fro.m l~ ad. pOlsolllng. (b) The Mining Company shall, if it has reasonable Mining grounds for believing that a worker is suffering from ~ om' pany or incapacitated by lead-poisoning, forthwith give n~ t1~ : ~ notice thereof in writing to the Board. * 6 Geo. v. No. 35 and amending Acts, supra, pages 9851 et seq. t Sic in Gazette; semble" 1929." K

14644 LABOUR. 1V orkers' Compensation (Lead, Etc.) Act. 24 GEO. V. No. 34, Application 6. If the mine is at any time worked by any person" ftiormpe, r & so c n ., , firm, or company other than the Mining Company, then other than this Act shall, so long as the mine is worked, apply to CthoemMpainniyn. g such other person, firm, or company, and his or its workers, in the same way as it now applies to the Mining Company and its workers. Further 7. (1.) In addition to the powers given to medical Bpoowaerdrsaosfto practitioners and medical referees under the Principal certificate. Act, the Board may certify that any worker- (a) Previously certified as incapacitated by lead- poisoning, who has recovered therefrom ; (b) Who, in the opinion of the Board, is susceptible to lead-poisoning; and (C) 'Vho js a new worker and has been employed for not less than four months at the mine, and who, in the opinion of the Board, is susceptible to lead poisoning, should be removed from further exposure to lead- poisoning. Worker certified as physically fit. (2.) If the Board, after examination, certifies that a worker who has been incapacitated is physically fit to return to employment in or upon the mine, his right to compensation shall cease unless the Mining Company refuses to re-employ or continue to employ, or dismisses the said worker for the reason that the worker has been incapacitated by lead-poisoning. Offences by (3.) If the Mining Company, for the reason that a CMoimnipngany. worker has be~ n incapacitated by lead-poisoning- (a) Refuses to employ or continue to employ a worker who has been incapacitated by lead-poisoning and subsequently certified as fit to return to employment in or upon the mine; or (b) Dismisses a worker who has been employed or continued in employment after disablement and subsequent certification of fitness as aforesaid, the Mining Company shall, unless compensation is paid as prescribed by section eight, be guilty of an offence against this Act, and be liable to a penalty not exceeding one hundred pounds.

LABOUR. 14645 1933. Workers' Cornpensation (Lead, Etc.) Act. (4.) In every case under this section it shall lie on Onus of the Mining Company to satisfy an industrial magistrate Proof. that such worker was refused re-employment or continuance of employment, or was dismissed from his employment for some reasonable cause other than that he had been incapacitated by lead-poisoning. 8. (1.) A worker who is withdrawn or excluded ~ ompensa- from employment in or upon the mine either- hon. (a) Consequent upon the issue of a certificate by the Board under subsection one of section seven; or (b) By the unlawful refusal of the Mining Company to re-employ or continue to employ, or by the unlawful dismissal of such a worker who has been incapacitated by lead-poisoning and subsequently certified as fit to return to employment in or upon the mine, shall be entitled to compensation not exceeding an amount according to the length of his service in or upon the mine as prescribed in the following scale :- Not more than ten years' service-A sum not exceeding fifty pounds. (Such period to exclude the probationary period of four months as mentioned in paragraph (c) of subsection one of section seven of this Act). Over ten years' and not exceeding twenty years' service-A sum not exceeding two hundred pounds. Over twenty years' service-A sum not exceeding three hundred pounds. Any year in which a worker has worked not less than two hundred shifts in or upon the mine shall be deemed to be a year's service by such worker for the purpose of this section. The compensation under this section shall be recoverable by the worker from the Mining Company. (2.) The amount payable under this section shall, in default of agreement, be settled by an industrial magistrate.

14646 LABOUR. Workers' Oompensation (Lead, Etc.. ) Act. 24 GEO. V. No. 34, 1933. (3.) Upon payment of compensation to a worker under this section, any claim which he may have to compensation under section seven shall cease. Worker 9. (1.) Any worker who has reasonable grounds for bheimliesevlifng believing that he is suffering from or is incapacitated by suffering lead-poisoning contracted in or upon the mine shall fprooimsonleinagd· to forthwith give notice to the Board in the prescribed give notice. form. (2.) Any worker who omits to give notice as aforesaid shall not be entitled to compensation under this Act. Construction 10. This Act shall be read and construed as in aid o to f Abecti; nAaicdt of and not in derogation of the Principal Act, and to of Principal the intent that, subject to the expressed provisions of Act. this Act, nothing in this Act shall prejudice, limit, or otherwise affect the provisions of the Principal Act and/or the rights, privileges, duties, and obligations of any employer, worker, or other person, or otherwise, thereunder. Regulations. 11. The power and authority under the Principal Act to make regulations shall, mutatis mutandis, apply and extend in respect of all matters and things for which it is necessary or convenient to make regulations under this Act.