Workmen's Compensation Act 1974 (ACT)

No. 34 of 1974

AN ORDINANCE

To amend the Workmen's Compensation Ordinance 1951-1973.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this twenty-fourth day of September, 1974.

JOHN R. KERR Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

WORKMEN'S COMPENSATION ORDINANCE 1974

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

tion Ordinance 1974.*

(2) The Workmen's Compensation Ordinance 195l-1973t 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 1951-1974.

2 . The Principal Ordinance is amended as set out in the Schedule.

3. ( 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 the 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.

* N o t i f i e d i n t h e Australian Government Gazette o n 2 5 S e p t e m b e r 1 9 7 4 .

t O r d i n a n c e N o . 2 , 1 9 5 1 , a s a m e n d e d b y N o . 4 , 1 9 5 2 ; N o . 12 , 1 9 5 4 ; N o . 1, 1 9 5 6 ; N o s . 12 , 2 0 a n d 2 1 , 1 9 5 9 ;

N o . 8 , 1 9 6 1 ; N o . 10 , 1 9 6 2 ; N o . 6 , 1 9 6 5 ; N o . 4 4 , 1 9 6 7 ; N o . 1 9 , 1 9 6 8 ; N o s . 7 , 13 a n d 18 , 1 9 6 9 ; N o . 2 6 , 1 9 7 0 ; N o

1 5 , 1 9 7 1 ; N o s . 35 a n d 3 8 , 1 9 7 2 ; a n d N o . 1 1 , 1 9 7 3 .

(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.

4. (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 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 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.

SCHEDULE S e c t i o n 2

A M E N D M E N T S O F T H E P R I N C I P A L O R D I N A N C E

P r o v i s i o n s a m e n d e d O m i t Inser t

F i r s t S c h e d u l e —

P a r a g r a p h 1 ( b ) F o r t y - t h r e e d o l l a r s a n d , F i f t y - s e v e n d o l l a r s a n d ,

C l a u s e	1 ( b )	( i )	E l e v e n	d o l l a r s	F i f t e e n	d o l l a r s
C l a u s e	1 ( b )	( i i )	F i v e	d o l l a r s	S e v e n	d o l l a r s

C l a u s e

1 ( b )

( i i i )

. .

F o r t y - t h r e e

d o l l a r s

t h e

a m o u n t

. .

F i f t y - s e v e n

d o l l a r s

t h e

a m o u n t

C l a u s e

1 ( c )

( i )

F o r t y - t h r e e

d o l l a r s

F i f t y - s e v e n

d o l l a r s