Workmen's Compensation (Broken Hill) (Amendment) Act 1927 (NSW)

WORKMEN'S COMPENSATION

(BROKEN HILL) (AMEND­

MENT) ACT.

Act No. 22, 1927.

An Act to amend the W o r k m e n ' s Compensation

(Broken Hil l ) A c t , 1 9 2 0 ; to cont inue its

operation beyond 3 0 t h September, 1 9 2 8 ; to

provide compensation for the group of

persons known as the B r o k e n Hill " H a r d L u c k " cases ; to provide for the promulga- tion of a scheme to procure the payment of compensation to certa in workmen who suffer death or disablement, or are suspended from employment in the Broken Hill mines, owing to pneumoconiosis or tuberculosis ; and for purposes connected therewith. [Assented to,

1st March, 1 9 2 7 . ]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative 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 "Workmen 's Com- pensation (Broken B i l l ) (Amendment) Act, 1027 ," and shall he construed with the Workmen's Compensation
(Broken Hill) Act, 1920.

2 . (1) Section five of the Workmen's Compensation

(Broken Hill) Act, 1920, is amended by omitting the
words " until the thirtieth day of September, one thousand nine hundred and twenty-eight, and no longer" and by inserting in lieu thereof the words "unt i l Parliament otherwise provides."

(2) Section six of the Workmen's Compensation

(Broken Hill) Act, 1920, is amended—

(a)	by omitting the words "mine workers and dependants" and inserting the words "any person " ;
(b)	by inserting after the words "to workmen" the words " o r workers."

3 . (1) The Workmen's Compensation (Broken Hill)

Act, 1920, is further amended—

(a) by inserting next after section seven the follow­ ing new section:—

8. (1) The medical authority, for the pur­ poses of this Act and the schemes under this

Act, shall be a medical board consisting of

three legally qualified medical practitioners who shall be appointed by the Governor, one
of whom shall be appointed chairman, another of whom shall be nominated by the mine-
owners, and another by their mine-worker's as defined in the scheme in the Schedule to this Act and mine employees. The nominations

shall be in such form as is directed by the Governor and notified in the Gazette.

(2) The chairman of the medical authority shall exercise the power of the authority in respect of re-examinations under the schemes under this Act.

(3) A certificate affecting the compen- sation of any person shall be issued only after consideration of the case has been given by the medical authority at a meeting at which

all members are present.

(4)

(4) The medical authority shall, at such times as the Minister directs, medically examine any person employed in the Broken Hill mines as delined in the said scheme and notify to the joint committee as defined in the said

scheme and the mine-worker or mine employee

concerned the result of the examination.

(b) (i) by omitting from paragraph two of Part

One of the scheme in the Schedule the definition of " Medical authority " ;

(ii)   by omitting from subparagraphs (a) and

(b) of paragraph six of the said scheme the

figure " 2 " and inserting in lieu thereof the

figure " 3 " ;

(iii)   by inserting in subparagraph (a) immediately

before the proviso paragraph the following

words and figures : "one dependent house­ keeper for widower with dependent family

under 14 years ... . . . £ 1 0 0 " ;

(iv)   by omitting from subparagraph (h) of the same paragraph the figure " 3 " and by inserting in lieu thereof the figure " 4 " ;

(v)   by inserting next after subparagraph (h) of the same paragraph the following new subparagraph :—

(i)   Any mine-worker shall be entitled to compensation in respect of his depen­ dent wife and children under 14 years

marriage to such wife, or the birth of of age notwithstanding that his

such child or children, has taken place

after he has secured an award of

compensation from the joint com-
mittee.

(vi)   by inserting at the end of the same para- graph six the following words :—

Provided that in*no case shall the total
weekly payment to be made under this

scheme exceed the sum of five pounds per

week.

( v i i )

(vii)    by omi t t ing pa ragraph t h i r t y - n ine and by inser t ing in l ieu thereof t he following p a r a g r a p h : —

39. (a) The compensat ion payable to a mine-worker unde r this scheme shal l also inc lude the cost of such medical , surgical , and hospi ta l t r e a t m e n t as may, in t he opinion of the jo in t commit tee , and on t h e r ecommenda t ion of t h e medical au thor i ty , reasonably be required to rel ieve such mine - worker from the effects of pneumoconiosis and (or) tuberculosis .

(b) The t r e a t m e n t shal l inc lude

nurs ing , medicines, medical and surgical supplies, and o ther cura t ive appara tus , and t h e cost of such t r e a t m e n t shall be l imited

to fifty pounds , unless t he jo in t commit tee ,

on t h e recommenda t ion of t h e medical

au thor i ty , otherwise directs .

The m a x i m u m p a y m e n t unde r th i s para­

g r a p h shall in no case exceed t h e s u m of

one h u n d r e d a n d twenty-f ive pounds .

(c) The fees a n d charges for t h e

t r e a t m e n t shall be l imi ted to such charges

as prevai l in t h e same c o m m u n i t y for

similar t r e a t m e n t of persons suffering f rom

pneumoconiosis and(or) tuberculosis .

(d) The jo in t commit tee , on t h e

r ecommenda t ion of t he medical au thor i ty , m a y if i t t h i n k s fit direct a change of doctor or t r e a t m e n t w h e n in its j u d g m e n t

a change is desirable or necessary.

(viii) by inser t ing n e x t after subpa rag raph (d)

of p a r a g r a p h for ty -n ine t he following new

subpa rag raph :—

(e) to m a k e full a n d comple te dis­ closure to t he jo in t commi t t ee of any ea rn ings or income wh ich he has received or is en t i t led to in such m a n n e r a n d a t

such t imes as t h e jo in t commi t t ee m a y

by	not ice	in	wr i t ing	in	any	pa r t i cu la r
case	direct .

(2)

(2) The a m e n d m e n t s m a d e by p a r a g r a p h (b) of

this section shal l be deemed to ex tend to and from the c o m m e n c e m e n t of this A c t app ly in respect of all persons in receipt of compensa t ion u n d e r t h e W o r k m e n ' s

Compensa t ion	(Broken	Hi l l ) Act , 1920, as well as to
persons becoming en t i t l ed	to compensa t ion af ter	such
c o m m e n c e m e n t .

4 . The W o r k m e n ' s Compensa t ion (Broken Hi l l )

Ac t , 1920, is f u r t he r a me nded by inser t ing n e x t af ter

section e ight the fol lowing new section :—

9. (1) Subject to th is section t h e scheme con­
tained in t h e Schedule to th i s A c t shall be deemed

from the c o m m e n c e m e n t of t he W o r k m e n ' s Com­

pensat ion (Broken Hill) ( A m e n d m e n t ) Act , 1927,

to ex tend to any person in th i s A c t referred to as a m i n e employee who is not a mine-worker as defined in t he said scheme, and whose n a m e was a t any rime after t he thir ty-f i rs t day of December , one thousand n ine h u n d r e d and twen ty , on t he pay- sheet or who was a t a n y t ime after t h a t date in t h e employ of any of t he metal l i ferous mines s i tua ted wi th in t h e coun ty of Yancowinna , or who a t a n y t i m e after the said commencemen t is on any such pay-sheet or is so employed, and who is certified by the medical au tho r i t y to be suffering from

pneumoconiosis and /o r tuberculos is reasonably

a t t r i bu tab le to his emp loymen t in any such m i n e so s i tuated, and who by reason of such disabil i ty has ceased or ceases to be so employed.

(2) The cost of admin i s t r a t ion of t he s cheme

as ex tended by th is section, a n d all fees and charges

incur red by the j o in t commi t t ee or t h e medical

a u t h o r i t y in re la t ion there to , shal l be paid by t h e

jo in t commi t t ee out of t h e fund	establ ished by	t h e
said scheme.

(3) Save as provided in subsect ion two of t h i s

sect ion, P a r t III of t he scheme shal l no t app ly in

respect of a mine employee.

(4) A n y compensa t ion awarded by the jo in t commi t tee to a m i n e employee, and t h e cost of h is medical , surgical , and hospi ta l t r e a t m e n t m a y be sued for and recovered as a debt by t he m i n e

employee

employee aga ins t and from the owner of t he m i n e a t which t h e m i n e employee was last employed prior to the issue of t he cert if icate by the medical au thor i ty unde r the provisions of P a r t I I of the scheme.

(5) A n y owner from w h o m compensat ion or

cost of medical , surgical , and hospi ta l t r e a tmen t is recoverable unde r t ins section shal l be entitled to con t r ibu t ion towards such compensa t ion from any other owner who du r ing the period of ten years preceding the da te of the issue of the certificate by t h e medical au thor i ty employed the m i n e employee to whom compensat ion is payable upon a basis agreed u p o n by the owners and notified to t h e M i n i s t e r ; and unless and un t i l such agree­

m e n t is so notified t he ra te of such cont r ibu t ion

shal l be propor t iona te to t he n u m b e r of shifts the mine employee was employed by each such owner dur ing the said period.

(6) A n owner shall be l iable to cont r ibu te u n d e r subsect ion five of this section in respect of t he employmen t of any such mine employee by a n y predecessor in t i t le in or u p o n the m i n e of which such owner is t he propr ie tor , lessee, or occupier.

(7) A n y such cont r ibu t ions may be sued for and

recovered in any cour t of compe ten t jur isdict ion.

(8) I n th is section " o w n e r " includes t he

holder for t he t ime being of any es ta te , r ight , t i t le or in te res t in or to a metal l i ferous mine s i tuated

wi th in t he county of Yancowinna .

5. The W o r k m e n ' s Compensat ion (Broken Hil l) Act .

1920, is fu r ther amended by inser t ing nex t after section

n ine t he following new section : —

30. (1) Subjec t to this section, the scheme con­
ta ined in the Schedule to th is A c t shal l be deemed

from the commencemen t of t h e W o r k m e n ' s Com­

pensa t ion (Broken Hil l ) (Amendment ) Act , 1927,

to extend t o —

(a) any person who is certified by the W o r k e r s '

Compensat ion Commission to have been on the first day of J a n u a r y , one thousand nine

hundred

h u n d r e d and twenty-seven, inc luded in t he

list of " H a r d L u c k " cases eligible for

p a y m e n t of the " H a r d L u c k " a l lowance ;

(b) any person who was employed in a Broken H i l l m i n e pr ior to t h e first day of J a n u a r y , one thousand n ine hund red and twen ty-one , and is certified by the medical au thor i ty to be suffering from pneumoconiosis a n d / o r tuber ­ culosis, which is reasonably a t t r i bu t ab l e to his employmen t in a Broken H i l l mine , and who for t h a t reason ceases or has ceased to be so employed.

(2) The to ta l paymen t s to be made from t h e fund in any one year to persons to w h o m t h e scheme is ex tended by th is section, shall not exceed four thousand pounds .

(3) I n m a k i n g awards of compensa t ion i n

cases to wh ich t h e scheme is ex t ended by th i s section t h e jo in t commi t t ee shall t a k e in to account

a n d have regard t o —

(a) any old age, inval id, mi l i t a ry , or o ther

pension	or	a l lowance	received	by	t h e
a p p l i c a n t ;

(b)	a n y earn ings of t h e app l ican t or cont r ibu t ion to t h e u p k e e p of his home by member s of
h is f a m i l y ; a n d
(c)	any profits derived from any trade, business,
u n d e r t a k i n g or cal l ing carr ied on by t h e
app l i can t or in which he is in teres ted.

A n d t h e jo in t commi t t ee m a y aba te t h e ra tes

of compensa t ion payable u n d e r t h e scheme

accordingly .

P O L I C E