Workers' Compensation (Uninsured Liability Scheme) Act 1970 (NSW)

WORKERS' COMPENSATION (UNINSURED

LIABILITY SCHEME) ACT.

ANNO UNDEVICESIMO

ELIZABETHE II REGINE

Act No. 19, 1970.

An Act to enable the Uninsured Liability Scheme con­ stituted by the Workers' Compensation Act, 1926, to operate in respect of compensation awarded in a certain award of The Workers' Compensation Commission of New South Wales; to provide for the payment from the fund constituted by that Act of an amount equal to certain amounts paid under and in respect of that award; and for purposes connected therewith. [Assented to, 26th March, 1970.] BE

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

(Uninsured Liability Scheme) Act, 1970".

2. In this Act—

"the award" means the award of compensation made by His Honour Judge Wall of the Commission on the thirtieth day of May, one thousand nine hundred and sixty-one, in respect of the application number 2521 of 1960 in which Bertie Roy McNellee (in this Act referred to as "the worker") was the applicant and the Council was the respondent;

"the Commission" means The Workers' Compensation

Commission of New South Wales;

"the Council" means the Council of the Shire of

Bellingen;

"the fund" means the fund constituted by section forty-

one of the Principal Act ;

"the Principal Act" means the Workers' Compensation

Act, 1926;

"the Scheme" means the Uninsured Liability Scheme

constituted by section 18c of the Principal Act.

1. (1) For the purposes of the Principal Act—

(a) the worker shall be deemed to have, immediately before the commencement of this Act, duly made a claim under the Scheme in respect of so much of the compensation as was awarded in the award and not paid at that commencement and to have been eligible to make the claim; and

(b)

(b) the Commission shall be deemed to have duly approved the claim,

and subsection three of section 18c of the Principal Act and the other provisions of the Principal Act (subsection six of section 18c excepted) shall apply accordingly.

(2) A reference in subsection one of this section to the compensation awarded in the award and not paid at the commencement of this Act includes a reference to the com­ pensation that would have been payable under the award after the commencement of this Act if section five of this Act had not been enacted.

The Commission shall pay to the Council from the fund an amount equal to the compensation which the Council has paid under the award before the commencement of this Act, together with all such costs and expenses as the Council has, in the opinion of the Commission, reasonably incurred in connection with the application for the award and legal proceedings arising from the award.

4 .

5. (1) Notwithstanding anything in the Principal Act, the Council shall not be liable to pay, under the award, any compensation not paid at the commencement of this Act.

(2) Any judgment against the Council entered in any
court in respect of compensation payable under the award

is, to the extent to which it has not been satisfied at the

commencement of this Act, hereby set aside. LEGAL