Workers' Compensation (Rates) Amendment Act 1980 (NSW)

WORKERS' C O M P E N S A T I O N (RATES)

A M E N D M E N T A C T , 1980 , N o . 188

ANNO VICESIMO NONO

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ELIZABETHE II REGINE

Act No. 188, 1980.

An Act to amend the Workers' Compensation Act, 1926, to increase amounts payable under that Act on the death of a worker. [Assented to, 17th December, 1980.]

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

(Rates) Amendment Act, 1980".

2 . The Workers' Compensation Act, 1926, is referred to in

this Act as the Principal Act.

3.      This Act contains the following Schedules :—

SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T .

SCHEDULE 2.—SAVINGS AND TRANSITIONAL PROVISIONS.

4. The Principal Act is amended in the manner set forth in

Schedule 1.

5.      Schedule 2 has effect.

SCHEDULE 1.

A M E N D M E N T S TO THE PRINCIPAL A C T .

(1 ) (a) Section 8 (1) ( a ) —

Omit "$25,000", insert instead "$40,000".

(b) Section 8 (1) ( b ) —

Omit "$14", insert instead "$20".

(c) Section 8 ( 3 ) —

Omit "$7,000" wherever occurring, insert instead

"$11,200".

(2) (a) Section 9A ( 1 ) , definition of "adjustable amount"—

Omit "$14", insert instead "$40,000, $20, $11,200".

(b) Section 9A ( 1 ) , definition of "adjustable amount"—

Omit "8 (1) (b)", insert instead "8 (1) (a) or (b) or (3)".

(c) Section 9A ( 1 ) , definition of "base rate"—

Omit the definition, insert instead :—

"base rate" means—

(a)	in relation to an adjustable amount referred to in section 8 (1) (a) or (b) or (3 )—178.22; or
(b)	in relation to an adjustable amount referred to in section 9 (1) (a) or (b) or (c) or (4 )—144.57;

(d) Section 9A ( 2 ) —

Omit "8 (1) (b)", insert instead "8 (1) (a) or (b) or (3)".

SCHEDULE 1— continued.

A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(e) Section 9A ( 2 ) —

After "base rate", insert "for that adjustable amount".

(f) Section 9A ( 2 A ) —

After section 9A ( 2 ) , insert : —

(2A) Where a reference to an adjustable amount referred to in section 8 (1) (a) or (3) as construed in accordance with subsection (2) would, but for this subsection—

(a)	be expressed as including an amount in
cents—that amount in cents shall be disregarded; or
(b)	be expressed as including a whole number

of dollars that is not divisible by 50 without remainder—that number of dollars shall be reckoned as the next higher whole number of dollars that is divisible by 50 without remainder.

(g) Section 9A ( 3 ) —

After "amount" where firstly occurring, insert

"referred to in section 8 (1) (b) or 9 (1) ( a ) , (b)

or (c) or ( 4 ) " .

(h) Section 9A ( 4 ) —

Omit " ( 3 ) " , insert instead ", as the case may require,

(2A) or ( 3 ) " .

S C H E D U L E 2.

SAVINGS AND TRANSITIONAL PROVISIONS.

1. The weekly payments prescribed by section 8 ( 1 ) (b ) of the Principal Act, as amended by this Act and as construed in accordance with section 9A (2) and (3 ) of the Principal Act, as so amended, are payable on and from the date of assent to this Act in respect of all persons who. immediately before that date, were in receipt of or entitled to weekly payments under the provisions of section 8 ( 1 ) (b ) of that Act as well as to all persons becoming entitled to weekly payments under those provisions on or after that date.

2. The compensat ion prescribed by the provisions of section 8 ( 1 ) (a ) or (3) of the Principal Act. as amended by this Act and as construed in accordance with section 9A (2) and (2A) of the Principal Act, as so amended, is payable in accordance with those provisions, as so amended and construed, in respect of the death of a worker which, on or after the date of assent to this Act, results from an injury whether received before, on or after that date.

3. ( 1 ) A policy of insurance or indemnity against liability under the Principal Act being maintained in force on the date of assent to this Act shall be deemed to insure, and always to have insured, the employer against any additional liability to which he may become subject during the currency of the policy under any amendment made by this Act.

(2) Where a policy of insurance or indemnity against liability under

the Principal A c t —

(a) was in force at the date of an injury that occurred before the date

of assent to this Act; and

(b) was not being maintained in force on that date of assent.

the policy shall be deemed always to have insured the employer against any additional liability to which he may become subject on or after that date of assent in respect of that injury by reason of any amendment made by this Act.

(3) Where , immediately before the date of assent to this Act. a person had not received, or is not receiving, compensat ion by reason of a death that occurred before that date, an insurer liable to pay compensat ion on or after that date in respect of that death is liable to pay the compensa­ tion at the rates prescribed by the Principal Act, as amended by this Act.

S C H E D U L E 2—cont inued.

SAVINGS AND TRANSITIONAL PROVISIONS—con t inued .

( 4 ) Where , immediately before the date of assent to this Act, a person was receiving, or entitled to receive, compensat ion payable by an insurer, the insurer is liable to pay any additional compensat ion to which that person becomes entitled by reason of any amendment m a d e by this Act.