Workmen's Compensation Act 1962 (ACT)

1962. Workmen's Compensation. No. 10.

WORKMEN'S COMPENSATION.

No. 10 of 1962.

An Ordinance to amend the Workmen's Compensation

Ordinance 1951-1961.*

1.—(1.) This Ordinance may be cited as the Workmen's

Compensation Ordinance 1962.

(2.) The Workmen's Compensation Ordinance 1951- 19611 is in this Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Workmen's Compensation Ordinance 1951-1962.

2.   Section six of the Principal Ordinance is amended— (a) by omitting from sub-paragraph (ii) of paragraph

(a) of sub-section (3A. ) the word " o r " (last
occurring);

(b) by omitting from sub-paragraph (iii) of paragraph (a) of sub-section (3A.) the word " a n d " and inserting in its stead the word " or ";

(c) by inserting in sub-section (3A. ) after sub- paragraph (iii) of paragraph (a) the following word and sub-paragraph:—

" (iv) to carry out for the principal one or more of the services of logging (including felling, crosscutting, snig- ging, loading, carting, bundling and de-barking), clearing of timber, preparing land for planting trees, planting trees, pruning trees, or coppice cleaning; and "; and

and 21, 1959; and No. 8, 1961.

(d) by inserting after sub-section (3A. ) the following

sub-section:—

" ( 3 B . ) Where—

(a) a person (in this sub-section referred
to as ' the contractor') enters into

a contract with the Commonwealth

• Made on 30th August, 1962; notified in the Commonwealth Gazelle and commenced on 6th

September, 1962.

t Ordinance No. 2, 1951, as amended by No. 4, 1952; No. 12, 1954; No. 1, 1956; Nos. 12, 20

536 No. 10. Workmen's Compensation. 1962.

under which the contractor agrees to perform any of the services specified in sub-paragraphs (i) , (ii), (iii) or (iv) of paragraph (a) of the last preceding sub-section; and

(6) the contractor does not either sublet the contract or employ workers, or, although employing workers, actually performs any part of the work himself,

then, for the purposes of this Ordinance—

(c) the contractor shall be deemed to be working under a contract of service with an employer; and

(d) the Commonwealth shall be deemed
to be the employer of the contractor,

and the provisions of this Ordinance other than sections eighteen, eighteen A, eighteen B, eighteen c, eighteen D, eighteen E, eighteen F, eighteen G, eighteen H, eighteen J, eighteen K, nineteen, twenty, twenty-one, sub-section (3.) of section twenty-two and the Third Schedule, apply to the Commonwealth and to the contractor accordingly.".

LUbiuty of	3 .—(1. ) Section twenty-three of the Principal Ordinance
taSe^Stouy	is amended by omitting sub-section (2 . ) .
Ordinance.	(2.) The amendment made by the last preceding sub-section has effect in relation to proceedings taken by a workman,
whether before or after the commencement of this Ordinance,
to recover damages from his employer, irrespective of the date
on which the workman received payment, or the first payment, of compensation under the Workmen's Compensation Ordinance 1951, or that Ordinance as amended from time to time.