Workers' Compensation (Silicosis) Amendment Act 1957 (NSW)
WORKERS' COMPENSATION (SILICOSIS)
AMENDMENT ACT.
,
Act No. 26, 1957.
An Act to make further provisions in relation to the payment of compensation to workers who suffer death or disablement owing to silicosis or certain other diseases; for this and other purposes to amend the Workers' Compensation (Silicosis) Act, 1942, and certain other Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 30th April, 1957.]
| BE it enacted by the Queen 's Most Excellent Majesty, by and with the advice and consent of the Legis | lative Council and Legislat ive Assembly of New South |
| Wales in Pa r l i amen t assembled, and by the au thor i ty of the same, as follows:— | |
| published in the Gazette . |
(1) This Act may be cited as the " W o r k e r s ' Com pensat ion (Silicosis) Amendment Act, 1957" .
1.
(2) The W o r k e r s ' Compensat ion (Silicosis) Act,
1942, as amended by subsequent Acts and by this Act, may be cited as the W o r k e r s ' Compensat ion (Silicosis) Act, 1942-1957.
(3) This Act shall commence upon a day to be
appointed by the Governor and notified by proclamation
2. The W o r k e r s ' Compensat ion (Silicosis) Act, 1942, as amended by subsequent Acts , is amended—
(a) by inserting at the end of section three the following new definition:— " W o r k e r " does not include a worker in or about a Broken Hil l mine or a mine to which the Coal Mines Regulat ion Act, 1912, as amended by subsequent Acts , appl ies .
(b) by omit t ing section fou r ;
(c) by omit t ing from p a r a g r a p h (a ) of subsection two of section five the words " i n respect of a worker to whom this Act a p p l i e s " and by inser t ing in lieu thereof the words " u n d e r this A c t " ;
(d) by omitting from subsection two of section six the words " i n respect of disablement or death of a worke r to whom this Act appl ies f rom disease as defined by this Act or payable under subsection (1A) of section eight of this A c t " and by inser t ing in lieu thereof the words " u n d e r
th is A c t " ; (e)
by inserting in subsection five of section seven af ter the word " s h a l l " the words " e x c e p t as to any of the m a t t e r s found in an a w a r d made by the Commission in the c i rcumstances ment ioned in subsection five of section eight of this A c t " ; (f) (i) by omi t t ing subsections one, (1A) and two of section eight and by inser t ing in lieu thereof the following subsect ions:—
(1) Subject to th is Act—
(a) where the medical authority certi
fies t h a t a person is to ta l ly or
pa r t i a l l y disabled for work from
thethe disease and tha t his disable men t was reasonably a t t r ibutable to his exposure to the inhalat ion of silica dust in an occupation to the n a t u r e of which the disease was due, such person shall, if the com
mit tee finds—
(i) tha t such person was a worker dur ing the whole of the t ime he was engaged in such occupat ion; or
(ii) t h a t such person was a worker dur ing only p a r t of the t ime he was engaged in such occupation, and the medical au thor i ty fur ther certifies t h a t his disablement was reasonably a t t r ibutable to his exposure to the inhala t ion of silica dust in such occupation dur ing the time t h a t the committee has found tha t he was a worker in such occupation,
be enti t led to an award from the committee, and to receive compen sat ion a t the prescr ibed r a t e s from
the F u n d ; (b) where the medical authority certi fies t h a t a person died from the disease and t h a t his death was reasonably a t t r ibutable to his exposure to the inhalat ion of silica dus t in an occupation to the na tu r e of which the disease was due, the dependants of such person shall, if the committee finds—
(i) t h a t such person was a worker dur ing the whole of the t ime he was engaged in such occupat ion; or
(ii)
(ii) t h a t such person was worker du r ing only p a r t the t ime he was engaged such occupation, and the
medical au thor i ty fur ther certifies t h a t his death was reasonably a t t r ibutable to his exposure to the inhala t ion of silica dust in such occupation du r ing the t ime t h a t the committee has found t h a t he was a worker in such occupation,
be enti t led to an a w a r d from the committee, and to receive compen sat ion a t the prescr ibed ra tes from
the F u n d ; (c)
where a person dies and immedi ately before his dea th—
(i) he was receiving; or
(ii) he was entitled under an a w a r d of the committee to
rece ive; or (iii) he was a person in respect
of whom the medical
au thor i ty had certified in t e r m s of p a r a g r a p h (a) of this subsection and he was enti t led unde r t ha t p a r a
g r a p h to an a w a r d from the committee and under such award would have been enti t led to receive, cont inuing paymen t s of compensa t ion a t the prescr ibed r a t e s from the F u n d in respect of his disable men t for work from the disease, the dependan ts of such person shall, if they a r e not enti t led under p a r a g r a p h (b) of this subsection
to
to an a w a r d from the committee and to receive compensation at the prescr ibed r a t e s from the Fund , be enti t led unde r th is p a r a g r a p h to an a w a r d from the committee and to receive compensat ion a t the p r e
scribed r a t e s from the Fund .
(2) The prescr ibed r a t e s of compensa t ion payable unde r an a w a r d of the com mit tee made p u r s u a n t to subsection one of this section shall be—
(a) where the a w a r d is made pu r suan t
to p a r a g r a p h (a) of t ha t subsec
t ion—the weekly compensation
paymen t s prescr ibed by section
nine of the P r inc ipa l Ac t ;
(b) whore the a w a r d is made pu r suan t to p a r a g r a p h (b) of t ha t subsec t ion—the compensat ion payments prescr ibed b y section eight of the P r inc ipa l Act, calculated as if t h a t section as in force a t the date of dea th h a d been in force a t the date of the in ju ry to the person whose dependants a r e enti t led to the a w a r d ;
(c) where the a w a r d is made p u r s u a n t
to p a r a g r a p h and the disablement for work from
(c) of t h a t subsection
the disease w a s — (i) to ta l—the compensat ion payments prescr ibed by sec t ion e ight of the Pr inc ipa l Act, calculated as if t ha t sec t ion as in force a t the da te of dea th h a d been in force a t the da te of the in jury to the pe r son whose dependants
a r e enti t led to the a w a r d ; (ii)
(ii) partial—such percentage of the compensat ion payments t ha t would have been pay able unde r s u b p a r a g r a p h (i) of th i s p a r a g r a p h had the disablement been to ta l as is equal to the percentage of the p e r s o n ' s disablement for work from the disease as certified b y the medical au tho r i t y a t the las t examinat ion of the person made b y the medical
au thor i ty before his dea th ;
(d) where medical or hospi ta l t r ea t men t or ambulance service becomes reasonably necessary as a resul t of the disease—the benefits p re scribed by section ten of the
P r inc ipa l Act.
Al l compensat ion paymen t s au thor ised to
be made under this Act shall be made f rom the F u n d established by section six of this Act .
(2A) W h e r e a pe r son dies wi thout
dependants , bu t if he h a d died wi th dependants they would have been entit led
to an a w a r d f rom the committee under p a r a g r a p h (c) of subsection one of th is section, the committee shall p a y f rom the F u n d the reasonable expenses of his bur ia l or crema t ion not exceeding the sum prescr ibed by or unde r subsection four of section eight of
the P r inc ipa l Act. (ii) by omitting from subsection three of the
same section the words " p a r a g r a p h (a) or
p a r a g r a p h (b) o f " ;
(iii)
(iii) by inserting at the end of the same subsec t ion the following words and new subsec
t ion :— Wi thou t prejudice to the general i ty of the foregoing provis ions of this subsection, the provis ions of the said section sixty shall, for the purposes of the appl icat ion of the p ro visions of t h a t section to any such award , be deemed to be amended—
(a) by omitting from subsection one the words "Commiss ion a t the request of ei ther the employer o r " and by inser t ing in lieu thereof the words "commi t t ee , e i ther of i ts
own motion or a t the request o f " ; and
(b) by omitting from the same subsec t ion the word " C o m m i s s i o n " where secondly occurr ing and by inser t ing in lieu thereof the word " c o m m i t t e e " .
(3A) I n the appl icat ion to any a w a r d of the provis ions of sections eight, nine, eleven and four teen of the P r inc ipa l Act, the in jury to the pe r son who is or whose dependants a re enti t led to the a w a r d shall be deemed to have happened a t the t ime when tha t pe r son was las t employed as a worker in an occupation to the n a t u r e of which the disease contracted by h im was d u e :
P rov ided t h a t if the committee, on the r e p o r t of the medical au thor i ty , is satisfied t h a t such p e r s o n ' s employment in such occupation did not mate r ia l ly contr ibute to his disablement or dea th i t may, for the purposes of this subsection, d i s r ega rd t ha t employment and have r e g a r d to the las t previous employment of such person which the committee, on the r epo r t of the medical author i ty , is satisfied did mater ia l ly contr i bute to such pe r s on ' s disablement or death.
| 91443—7 | ( i ) |
(iv) by omitting subsection five of the same section and by inser t ing in lieu thereof the
following subsect ion:—
(5) W h e r e in proceedings before the Commission i t i s claimed tha t a pe r son ' s in ju ry i s a disease caused by the inhalat ion of dusts , o ther t h a n silica dust , and the Commission finds in i t s a w a r d tha t the in ju ry is a disease caused by silica dust , the Commission shall in i ts a w a r d make findings
as to the following m a t t e r s : — (a) (i) where such person is not dead, whe ther or not such person is total ly or pa r t i a l ly disabled for work from the disease, as defined in section three of this Act, and whether or not his
disablement was reasonably a t t r ibutable to his exposure to the inhalat ion of silica dus t in an occupation to the na tu r e of which the disease was d u e ; or
(ii) where such person is dead, whether or not such person died from the disease, as defined in section three of this Act, and whe ther or not his death was reasonably a t t r ibu t able to his exposure to the
inhalat ion of silica dus t in an occupation to the n a t u r e of which the disease was d u e ; a n d (b) (i) whether or not such person was a worker du r ing the whole of the t ime he was engaged in such occupat ion; or
(ii) where the Commission finds that such person was not a worker du r ing the whole of
tha t
t h a t t ime, whether or not he was a worker dur ing p a r t of t ha t t ime and, if so, whether or not his disablement or death was reasonably a t t r ibutable to his exposure to the inhalat ion of silica dus t in such occupa tion dur ing the t ime tha t he was a worker in such occupa tion.
Such a w a r d shall be conclusive evidence before the committee as to the m a t t e r s so found, and the m a t t e r s so found (other t han the finding whether or not such person was a worker du r ing the whole of the t ime he was engaged in such occupation, or whether or not such person was a worker dur ing only p a r t of the t ime he was engaged in such occupation) shall be deemed to have been certified by the medical au thor i ty p u r s u a n t to subsection one of this section.
(v) by omitting from subsection six of the same section the words " W o r k e r s ' Compensat ion Act, 1926-1942," and by inser t ing in lieu
thereof the words " P r i n c i p a l A c t " ; (vi) by inserting at the end of the same section the following new subsect ion:—
(7) Weekly compensat ion payments
unde r an a w a r d made p u r s u a n t to pa ra
g r a p h (a) of subsection one of this section shall be payable as from the da te when the appl icat ion for compensat ion is received by
the committee.
(g) by omit t ing f rom section 8A the words "men t ioned in p a r a g r a p h (b) of subsection two of section eight of th is A c t " and by inser t ing in lieu thereof the words " m a d e by a joint com mit tee const i tuted unde r a scheme made under the W o r k m e n ' s Compensat ion (Silicosis) Act , 1920-1936, as amended by subsequent A c t s " ;
(h)
(h) by inserting next after section 8A the following
new sect ions:— 8B. (1) T h e committee may, where it is sat is fied tha t compensat ion is payable under this Act to a n y person, and pending i ts final deter minat ion as to the amount of such compensation, make an in te r im a w a r d for the payment of such amount of compensat ion to tha t person as does not exceed the leas t compensat ion to which he is, in the opinion of the committee, entitled.
(2) Upon the making of an a w a r d in favour of such pe r son p u r s u a n t to subsection one of section eight of th i s Act, the in ter im a w a r d in his f avour shal l t e rmina te and the amounts which have been pa id under the in ter im a w a r d shall be deducted f rom the amount pay able u n d e r the a w a r d made under tha t subsec tion.
(3) A n in te r im a w a r d made in favour of
any person m a y be t e rmina ted by the committee a t a n y t ime before the mak ing of an award in favour of t h a t person p u r s u a n t to subsection one of section eight of th i s Act.
8c. W h e r e the committee is satisfied t ha t by reason of any mis take of law or of fact an award was wrongly m a d e or any amount of compensa t ion specified in an a w a r d was wrongly
calculated, i t m a y t e rmina te or v a r y such award ,
a n d the compensat ion payable thereunder , accordingly.
8D. W h e r e ei ther before or af ter the com mencement of the W o r k e r s ' Compensat ion (Silicosis) Amendment Act, 1957, any weekly paymen t s to any pe r son made under th is Act have been ended p u r s u a n t to the commit tee ' s powers unde r section sixty of the Pr inc ipa l Act and the committee, upon an applicat ion for resumpt ion of such weekly paymen t s made by such person, is satisfied t ha t such weekly pay ments would, if they were in force, not be ended
p u r s u a n t
p u r s u a n t to such powers , the committee may resume making weekly paymen t s to such person of such amount not exceeding the maximum p ro vided by th is Act as the committee may determine.
| 3. (1) All payments of compensat ion from the F u n d made before the commencement of th is Act p u r s u a n t | to |
a n y a w a r d made by the committee, or pu rpo r t i ng to have been so made before such commencement, and which but for th is subsection would have been invalid, a re hereby val idated.
(2) A n y award—
(a)
made by the committee under the W o r k e r s ' Com pensa t ion (Silicosis) Act, 1942, or any Act amending t h a t Act, or p u r p o r t i n g to have been so made , before the commencement of this Act, or deemed to have been made under any such
A c t ; or (b) continued in force by the W o r k e r s ' Compensa t ion (Silicosis) Act, 1942,
and continuing in force immediate ly before the com mencement of th is Act, shall continue in force af ter such commencement, bu t shall be subject to the provis ions of the W o r k e r s ' Compensat ion (Silicosis) Act, 1942, as amended by subsequent Acts and by th is Act.
(3) W h e r e immediate ly before the commencement of th is Act a pe r son was enti t led to an a w a r d from the committee, or where but for this Act a person would have been so entit led, no th ing in th i s Act shall affect such
| enti t lement, bu t the a w a r d shall be subject to the provi | sions of the W o r k e r s ' Compensa t ion (Silicosis) Act, | |
| 1942, as amended by subsequent Acts and by th is Act. (4) I n any case where the committee after the first day of March, one thousand nine hundred and fifty-five, and before the commencement of th is Act made an award in respect of the dea th of any person a n d if, had th is Act been in force a t the da te of such award , the depen dan t s of such person would have been enti t led to an a w a r d of an amount g r ea t e r t han t h a t so awarded, such | ||
| ||
| amount , less the amount a l ready so awarded. |
4 . Where a person died before the commencement of this Act and he was immediately before his death receiv- ing weekly payments of compensation from the Fund pursuant to an award made, or purporting to have been made, by the committee, the dependants of such person shall, if they were not entitled to an award under sub- section one or (1A) of the Workers ' Compensation (Silicosis) Act, 1942-1953, be entitled to an award from the committee as if the amendments made by section two of this Act had been in force at the date of such person's death, and to receive compensation at the prescribed rates from the Fund.
0
0
0