Workmen's Compensation Act 1971 (ACT)

No. 15 of 1971

AN ORDINANCE

To amend the Workmen's Compensation Ordinance 1951-1970.

hereby make the following Ordinance under the Seat of Government	I THE GOVERNOR-GENERAL in and over the Commonwealth of , Australia, acting with the advice of the Federal Executive Council,
(Administration) Act 1910-1970.

Dated this twenty-fourth day of June, 1971.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

RALPH J. HUNT

Minister of State for the Interior.

WORKMEN'S COMPENSATION ORDINANCE 1971

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

Compensation Ordinance 1971.*

(2.) The Workmen's Compensation Ordinance 1951-1970f 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 1951-1971.

2. This Ordinance shall come into operation on the first day of July,

No. 8, 1961; No. 10, 1962; No. 6, 1965; No. 44, 1967; N o . 19, 1968; Nos. 7, 13 and 18, 1969; and N o . 26, 1970.

1971.

3. Section 11 of the Principal Ordinance is amended by omitting

sub-sections (1.) and (2.) and inserting in their stead the following

sub-section:—

" (1.) Where—

(a)	compensation is payable by an employer under this Ordinance to, or in respect of, a workman; or
(b)	but for the fact that a workman is not incapacitated for work or but for the operation of clause (ii) of sub­ paragraph (b) of paragraph 2 of the First Schedule to this Ordirance, compensation would be so payable,

* Notified in the Commonwealth Gazette on 1 July 1971.
t Ordinance No. 2, 1951, as amended by No. 4, 1952; No. 12, 1954; No. 1, 1956; Nos. 12, 20 and 21, 1959;

the employer is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury or disease in respect of which com­ pensation is, or would be, so payable, being treatment that it was reasonable in the circumstances for the workman to obtain, compensa­ tion of such amount as is appropriate to that medical treatment having regard to the charges customarily made for similar medical treatment in the place where that treatment is obtained.".

4. The Principal Ordinance is amended as set out in the Schedule to this Ordinance.

5

» — ( 1 . ) A policy of insurance against liability under the Principal

Ordinance, in force immediately before the commencement 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 difference between the premium for that period at the rate of premium payable under the policy and the premium for that 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.

6.—(1.) Where, immediately before the date of commencement of this Ordinance, a person was receiving, or was entitled to receive, weekly payments in accordance with the Principal Ordinance, he is, from and including that date, entitled to receive weekly payments in accord­ ance 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 oi which weekly payments in accordance with the Principal Ordinance would have been payable immediately before that date but for the fad 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 Ordi­ nance, 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, compensation shall be paid in respect of that death in accordance with the Principal Ordinance as amended by this Ordinance.

T H E S C H E D U L E Section 4.

AMENDMENTS OF THE PRINCIPAL ORDINANCE

Provisions amended Omit Insert

Section 10(1.)

Section 10(1.) Twelve thousand dollars Thirteen thousand five hundred

dollars

Section 12 (1.)

Section 12 (1.) Twelve thousand dollars Thirteen thousand five hundred

dollars

First Schedule-

Paragraph 1 (a) (i)

Paragraph 1 (a) (i) Twelve thousand dollars Thirteen thousand five hundred

dollars

Paragraph 1 (a) (iii)	Sixty Pounds	Three hundred dollars
Paragraph 1 (6)	Thirty-one dollars eighty cents	Thirty-five dollars
Paragraph 1 (6) (i)	Seven dollars seventy cents	Eight dollars fifty cents
Paragraph 1 (b) (ii)	Two dollars eighty cents	Five dollars
Paragraph 1 (c) (i)	Thirty-one dollars eighty cents	Thirty-five dollars
Paragraph 9A ..
Paragraph 9A ..	than Two hundred and eighty	than Five hundred dollars

dollars

and Two hundred and eighty and Five hundred dollars

dollars