Workers' Compensation (Silicosis) Amendment Act 1958 (NSW)

WORKERS' COMPENSATION (SILICOSIS)

AMENDMENT ACT.

Act No. 19, 1958.

An Act to make further provisions in relation to the payment of compensation to dependants of deceased workers who suffered from silicosis or certain other diseases; for this and other purposes to amend the Workers' Compensation (Silicosis) Act, 1942, and certain other Acts; and for purposes connected therewith. [Assented to, 11th April, 1958.]

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. (1) This Act may be cited as the "Workers' Compensa­ tion (Silicosis) Amendment Act, 1958".

(2) The Workers' Compensation (Silicosis) Act, 1942, as amended by subsequent Acts and by this Act, may be cited as the Workers' Compensation (Silicosis) Act, 1942-1958.

Provided that a person who is of or above the age of sixty-five years shall not be appointed to be the executive member of the committee. (ii)

2. The Workers' Compensation (Silicosis) Act, 1942, as amended by subsequent Acts, is amended—

(a) (i) by omitting from paragraph (b) of subsection one of section five the words "The executive member shall devote the whole of his time to the duties of his office." and by inserting in lieu thereof the following new proviso and sub­ paragraph : —

(ii) The executive member shall devote the: whole of his time to the duties of his office.

(ii)   by omitting subparagraph (i) of paragraph (c) of the same subsection and by inserting in lieu thereof the following subparagraph : —

(i) The chairman and other members of the committee shall, subject to this paragraph, hold office for a term of three years and be eligible for reappointment.

The person appointed to be the executive member of the committee shall hold office as chairman or other member, as the case may b e of the committee and as the executive member thereof for a term of three years or for a term which expires upon and includes the day immediately preceding the day on which he attains the age of sixty-five years, whichever is the shorter term, and shall, subject to this section, be eligible for reappointment.

(iii)   by inserting at the end of the same section the following new subsection: —

(3) No action or suit shall be brought or maintained against any person who is, or at any time has been, a member of the committee for anything done or omitted by him pursuant to the duties imposed upon him by or under this Act, nor shall any action, suit or other proceed­ ing lie against him, nor any costs be payable by him, in respect of any proceeding before the

committee.

(b) by inserting at the end of section seven the following new subsection: —

(6) No action or suit shall be brought or main­ tained against any person who is, or at any time has been, a member of the medical authority for anything done or omitted by him pursuant to the duties imposed upon him by or under this Act, nor shall any action, suit or other proceeding lie against him, nor any costs be payable by him, in respect of any proceeding before the medical authority.

(c)

(c) (i) by omitting paragraph (c) of subsection one of section eight and by inserting in lieu thereof the following paragraph: —

(c) where a person dies and—

(i)   immediately before his death he was receiving, or was entitled under an award of the committee to receive, continuing payments of compensation at the pre­ scribed rates from the Fund in respect of his disablement for work from the disease; or

(ii) (a) he had before his death applied to the committee for compensation under the provisions of this Act or to be examined by the medical authority and—

(i) the medical authority had

before his death examined such person and certified either before or after his death pursu­ ant to the last examination of such person made by the medical authority before his death that such person was at the time of that examination totally or partially disabled for work from the disease and that his disablement was reason­ ably attributable to his

exposure to the inhalation of

silica dust in an occupation to the nature of which the disease was due; or

(ii)   the medical authority had not before his death examined such person pursuant to such appli­ cation but after his death certifies that such person was immediately before his death totally or partially disabled for

work

work from the disease and that: his disablement was reasonably attributable to his exposure to the inhalation of silica dust in an occupation to the nature of which the disease was due, and

(b)

the committee finds—

(i)	that such person was a worker during the whole of the time he was engaged in such occupa­ tion; or
(ii)	that such person was a worker during only part of the time he was engaged in such occupa­ tion, and the medical authority further certifies that his disable­ ment was reasonably attribut­ able to his exposure to the inhalation of silica dust in such occupation during the time that the committee has found that he was a worker in such occupation,

the dependants of such person shall, if they are not entitled under para­ graph (b) of this subsection to an award from the committee and to receive compensation at the pre­

scribed rates from the Fund, be entitled under this paragraph to an

award from the committee and to

receive compensation at the pre­
scribed rates from the Fund:

Provided that the committee may refuse to make an award in favour of and to pay to the dependants of a person referred to in subparagraph (i) of paragraph (a) of subpara­ graph (ii) of this paragraph this

whole

whole or any part of the compensa­ tion to which such dependants would, but for this proviso, be entitled under the provisions of this Act if that person before his death refused, neglected or failed, without reasonable cause, to submit himself for examination by the medical authority in accordance with a request of the committee made to him after the last examination of him made by the medical authority before his death.

(ii)   by inserting in subparagraph (ii) of paragraph (c) of subsection two of the same section after the words "medical authority" where firstly occurring the words ", where the dependants of the person are entitled to compensation pay­ ments by reason of the operation of subpara­ graph (i) of paragraph (a) of subparagraph (ii) of paragraph (c) of subsection one of this section,";

(iii) by inserting at the end of the same subpara­ graph the words "or, where the dependants of the person are entitled to compensation pay­ ments by reason of the operation of subpara­ graph (ii) of paragraph (a) of subparagraph (ii) of paragraph (c) of subsection one of this section, in the certificate issued by the medical authority pursuant to subparagraph (ii) of the said paragraph ( a ) " ;

(iv)   by inserting in subsection three of the same section after the words "the provisions of" where firstly occurring the words "subsections

(2B) and (2c) of section seven,";

(v)   by omitting from the same subsection the word ", fourteen," and by inserting in lieu thereof the words "and fourteen, subsections one and three of section fifteen, sections";

(vi)

(vi)   by omitting from the same subsection the word ", fifty-seven," and by inserting in lieu thereof the words "and fifty-seven, subsections one and two of section fifty-nine and sections";

(vii)   by inserting in subsection (3A) of the same section after the word "fourteen" the words "and of subsection one of section fifteen";

(viii)   by inserting in subsection six of the same section after the word "receiving" the words ", in respect of his disablement for work from the disease, or the death from the disease of any other person,";

(ix)   by inserting in the same subsection after the word "receive" the words ", in respect of that part of his disablement for work from the disease in respect of which he is claiming or receiving compensation under this Act, or in respect of the death from the disease of such other person, as the case may be,";

(x)   by inserting in the same subsection after the words "other Act" the words "(in this sub­

section referred to as 'compensation A c t ' ) " ;

(xi)   by inserting at the end of the same subsection the following new paragraphs : —

(b) Where, but for this paragraph, compen­ sation would be payable under this Act as well as under the Principal Act or any compensa­

tion Act in respect of the death of any person and the compensation payable under the Principal Act or under the said compensation Act, as the case may be, in respect of such death—

(i)   would be of the same or of a lesser amount than the compensation payable under this Act in respect of such death, no compensation shall be payable

26813—6 under

under the Principal Act or under the said compensation Act, as the case may be, in respect of such death; or

(ii)   would exceed the compensation payable under this Act in respect of such death, the compensation payable under the Principal Act or under the said com­ pensation Act, as the case may be, in respect of such death shall be reduced by the amount of compensation pay­ able under this Act in respect of such death.

(c) Where the sum of—

(i)   the amount per week payable to any person under this Act in respect of his disablement for work from the disease; and

(ii)   the amount per week payable to such person under the Principal Act or under any compensation Act, in respect of injuries received by him, his disablement or industrial diseases con­ tracted by him,

would, but for this paragraph, exceed—

(iii)   the amount of the weekly payments that would be payable to such person if he were receiving weekly payments

under this Act in respect of his total

disablement for work from the disease;
or

(iv)   the amount of the weekly payments that would be payable to such person if he were receiving weekly payments under the Principal Act or under the said compensation Act, as the case may be, in respect of his total incapacity for work from injury, disablement or industrial diseases,

whichever

whichever is the greater, then the weekly pay­ ments of compensation that would, but for this paragraph, be payable to such person under the Principal Act or under the said compensation Act shall be reduced by an amount equal to the difference between—

(v)   the sum of the amounts referred to in subparagraphs (i) and (ii) of this paragraph; and

(vi)   the amount of the weekly payments referred to in subparagraph (iii) or (iv) of this paragraph, whichever is the greater.

(d) by inserting next after subparagraph (iv) of para­ graph (a) of subsection two of section ten the following new paragraph: —

(iva) requiring persons who have been examined by the medical authority and would but for section eleven or thirteen of the Principal Act be entitled to compensation under this Act to submit themselves for periodical medical examination.

3. Where the dependants of a person who died after the first

day of January, one thousand nine hundred and fifty-two, and

before the commencement of this Act would, had the Workers'
Compensation (Silicosis) Act, 1942, as amended by subse­
quent Acts and by this Act, been in force at the date of such person's death, have been entitled under paragraph (c) of subsection one of section eight of that Act, as so amended, to an award from the committee and to receive compensation at the prescribed rates from the Fund but such dependants were not entitled under the Workers' Compensation (Silicosis) Act, 1942, as amended by subsequent Acts, to such an award and to receive such compensation in respect of the death of such person, such dependants shall be entitled to an award from the committee and to receive compensation at the

prescribed

prescribed rates from the Fund as if the said paragraph (c) of subsection one, and paragraph (c) of subsection two, of section eight of the Workers1 Compensation (Silicosis) Act,

1942, as amended by subsequent Acts and by this Act, had

been in force at the date of such person's death.

4. (1) The Workers'Compensation (Silicosis) Amendment
Act, 1957, is amended by inserting in section four next after
the figure and symbols " ( 1 A ) " the words "of section eight".

(2) The amendment made by subsection one of this section shall be deemed to have commenced on the first day of June, one thousand nine hundred and fifty-seven.