Workmen's Compensation Act 1965 (ACT)

164 No. 6 Workmen's Compensation 1965

WOKKMEN'S COMPENSATION

No. 6 of 1965

A n Ordinance to amend the Workmen's Compensation

Ordinance 1951-1962.

Short title	1.—(1.) This Ordinance may be cited as the Workmen's
and citation.	Compensation Ordinance 1965.*
(2.) The Workmen's Compensation Ordinance 1951-1962f 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 1951-1965.

Commence-	2. This Ordinance shall come into operation on the twenty-
ment.	eighth day after the date on which notice of its making is published in the Gazette.
Interpretation.	3. Section 6 of the Principal Ordinance is amended by omitting paragraph (b) of the definition of " workman" in sub-section (1.).
Medical	4. Section 11 of the Principal Ordinance is amended by omitting from sub-section (2.) the words "Three hundred and fifty pounds " and inserting in their stead the words " Five hundred pounds ".
benefits.
compensation.
Maximum	5. Section 12 of the Principal Ordinance is amended by omitting from sub-section (1.) the words " Three thousand pounds " and inserting in their stead the words " Four thousand three hundred pounds ".
• Made on 8 May, 1965; notified in the Commonwealth Gazette on 13 May, 1965 and commenced on i 1 June, 1965 (see section 2).

Ordinance No. 2, 1951, as amended by No. 4, 1952; No. 12, 1954; No. 1, 1956; Nos. 12,20 and 21, 1959; No. 8, 1961; and No. 10, 1962.

t

1965 Workmen's Compensation No. 6

6. The First Schedule to the Principal Ordinance is

amended—

(a) by omitting clause (i) of sub-paragraph (a) of paragraph 1 and inserting in its stead the follow- ing clause:—

" (i) if the workman leaves any dependants wholly dependent upon his earnings—the sum of Four thousand three hundred pounds and, in addition, in respect of each child under the age of sixteen years at the date of the death of the workman who was, at the date of the injury or the date of the death of the workman, wholly or mainly dependent upon the earnings of the workman, a weekly payment, from the date of the death, of the sum of One pound two shillings and six pence;";

(6) by omitting from sub-paragraph (b) of paragraph 1 the words " Ten pounds" and inserting in their stead the words " Eleven pounds eleven shillings ";

(c) by omitting from clause (i) of sub-paragraph (b) of paragraph 1 the words " Two pounds ten shillings " and inserting in their stead the words " Two pounds fourteen shillings and sixpence ";

(d) by omitting from clause (i) of sub-paragraph (c) of paragraph 1 the words " Ten pounds" and inserting in their stead the words " Eleven pounds eleven shillings ";

(e) by omitting from clause (ii) of sub-paragraph (a) of paragraph 2 the words " Four hundred pounds " and inserting in their stead the words " Seven hundred pounds ";

(/) by omitting from clause (iii) of sub-paragraph (b)

of paragraph 2 the words " Seven pounds five shillings " and inserting in their stead the words " Eight pounds thirteen shillings and three- pence ";

is) by omitting from clause (iii) of sub-paragraph (b) of paragraph 2 the words " Ten pounds " and inserting in their stead the words " Eleven pounds eleven shillings ";

(h)	by omitting from paragraph 6 the words " The pay- ment in the case of death " and inserting in their stead the words " A payment in the case of death (including a payment under paragraph 9A of this Schedule)";
No. 6 Workmen's Compensation 1965

(i) by inserting after paragraph 9 the following para-

graph:—

" 9 A . A weekly payment referred to in clause (i) of sub- paragraph (a) of paragraph 1 of this Schedule ceases to be payable when the child—

(a) attains the age of sixteen years;
(6) marries; or
(c) dies,

whichever event first occurs, and where such a weekly payment ceases to be payable and the aggregate amount of such weekly payments made in respect of the child is less than One hundred pounds, there is payable an additional amount of compensation equal to the difference between that aggregate amount and One hundred pounds.";

(/) by inserting in paragraph 12, after the word " pay- ment ", the words "(other than a weekly payment referred to in clause (i) of sub-paragraph (a) of paragraph 1 of this Schedule)"; and

(k) by inserting in paragraph 13, after the word " pay- ment " (first occurring), the words "(other than a weekly payment referred to in clause (i) of sub- paragraph (a) of paragraph 1 of this Schedule)".

7. The Second Schedule to the Principal Ordinance is

repealed and the following Schedule inserted in its stead:—

SECOND SCHEDULE. Section 10.

COMPENSATION FOR SPECIFIED INJURIES

Nature of Injury Amount Payable

£ s. d.

Loss of both eyes	4,300	0	0
Loss of an only useful eye, the other being blind or absent	4,300	0	0
Loss of one eye, with serious diminution of the sight of the other	3,225	0	0
Loss of one eye	1,720	0	0

Loss of hearing 3,010 0 0

Complete deafness of one ear	860	0	0
Loss of both hands	4,300	0	0
Loss of right arm or greater part of right arm	3,440	0	0
Loss of left arm or greater part of left arm	3,096	0	0
Loss of lower part of right arm, right hand or five fingers of right hand	3,010	0	0
Loss of lower part of left arm, left hand or five fingers of left hand	2,709	0	0
Loss of right thumb ..	1,290	0	0
Loss of left thumb	1,161	0	0
Loss of right forefinger	860	0	0
Loss of left forefinger	774	0	0
Loss of right middle finger	688	0	0
Loss of left middle finger	645	0	0
Loss of right ring finger	602	0	0
Loss of left ring finger	559	0	0
Loss of right little finger	559	0	0
Loss of left little finger	516	0	0
Loss of total movement of joint of right thumb	602	0	0
Loss of total movement of joint of left thumb	559	0	0
Loss of distal phalanx or joint of right thumb	688	0	0
Loss of distal phalanx or joint of left thumb	645	0	0
Loss of portion of terminal segment of right thumb involving one-third
of its flexor surface without loss of distal phalanx or joint	602	0	0

1965 Workmen's Compensation No. 6

SECOND SCHEDULE—continued.

Nature of Injury Amount Payable

£ i . d.

Loss of portion of terminal segment of left thumb involving one-third

of its flexor surface without loss of distal phalanx or joint	559	0	0
Loss of two phalanges or joints of right forefinger	516	0	0
Loss of two phalanges or joints of left forefinger	473	0	0
Loss of two phalanges or joints of right middle or ring finger	473	0	0
Loss of two phalanges or joints of left middle or ring finger	430	0	0
Loss of two phalanges or joints of right little finger	430	0	0
Loss of two phalanges or joints of left little finger	387	0	0
Loss of distal phalanx or joint of right forefinger	430	0	0
Loss of distal phalanx or joint of left forefinger	387	0	0
Loss of distal phalanx or joint of other finger of right hand	344	0	0
Loss of distal phalanx or joint of other finger of left hand	301	0	0
Loss of hand and foot	4,300	0	0
Loss of both feet	4,300	0	0
Loss of leg above knee	3,225	0	0
Loss of leg below knee	2,795	0	0
Loss of foot	2,580	0	0
Loss of great toe	860	0	0
Loss of any other toe	344	0	0
Loss of two phalanges or joints of any other toe	301	0	0
Loss of phalanx or joint of great toe	430	0	0
Loss of phalanx or joint of any other toe	258	0	0

8.—(1.) A policy of insurance against liability under the Principal Ordinance, in force immediately before the com- mencement of this Ordinance, has effect during the unexpired balance of the currency of the policy as if it applied to liability under the Principal Ordinance as amended by this Ordinance.

(2.) An employer to whom such a policy has been issued is liable to pay to the insurer, in respect of the additional liability which he may incur as a result of the amendments to the Principal Ordinance effected by this Ordinance, additional premium for the period of the unexpired balance of the currency of the policy, being additional premium equal to the

of premium payable under the policy and the premium for that	difference between the premium for that period at the rate
period at the rate that would have been payable if the policy had been issued, for the purposes of the Principal Ordinance as amended by this Ordinance, upon the date of commencement of this Ordinance.
(3.) Where an insurer under a policy of insurance effected before the commencement of this Ordinance would have been liable, if this Ordinance had not been made, to indemnify a person against his liability under the Principal Ordinance arising out of an injury sustained or a disease contracted before the commencement of this Ordinance, the insurer is liable to indemnify the person against liability under the Principal Ordinance, as amended by this Ordinance, arising out of the injury or the contracting of the disease.

168 No. 6 Workmen's Compensation 1965

Adjiutment of 9 . — ( 1 . ) Where, immediately before the date of commence-

ment of this Ordinance, a person was receiving, or was entitled

Principal	to receive, weekly payments in accordance with the First Schedule
,Miamce

-	to the Principal Ordinance, he is, from and including that date, entitled to receive weekly payments in accordance with the Principal Ordinance as amended by this Ordinance.
(2.) Where, before the date of commencement of this Ordinance, a workman sustained an injury or contracted a disease in respect of which weekly payments in accordance with the First Schedule to the Principal Ordinance would have been payable immediately before that date but for the fact that he was not then incapacitated for work, and on or after that date he becomes incapacitated for work as a result of the injury or disease, weekly payments in respect of that incapacity shall be in accordance with the Principal Ordinance as amended by this Ordinance.
(3.) Where, on or after the date of commencement of this Ordinance, death results from an injury or a disease that was sustained or contracted before that date and in respect of which compensation was payable under the Principal Ordinance, com- pensation shall be paid in respect of that death in accordance with the Principal Ordinance as amended by this Ordinance.
(4.) Where, immediately before the date of commencement of this Ordinance, a workman was receiving, or was entitled to receive, weekly payments in accordance with the First Schedule to the Principal Ordinance in respect of an injury or injuries sustained or a disease contracted before that date, the provisions of section 12 of the Principal Ordinance as amended by this Ordinance apply in relation to the injury, injuries or disease.
(5.) The amendment made by section 7 of this Ordinance extends in relation to an injury sustained after the
commencement of this Ordinance notwithstanding that the accident or disease that caused the injury occurred before the
commencement of this Ordinance.