Workmen’s Compensation Act 1952 (ACT)
AUSTRALIAN CAPITAL TERRITORY.
No. 4 of 1952.
AN ORDINANCE
To amend the Workmen's Compensation
Ordinance 1951.
| BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, Avith the advice of the Federal | Seat of Government Acceptance Act 1909-1938 and the Seat of | |
|
1.— (1.) This Ordinance may be cited as the Workmen's Com- shortutie
| pensation Ordinance 1952.* | and citation. |
| (2.) The Workmen's Compensation Ordinance 1951 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 1951-1952. |
2. This Ordinance shall come into operation on a date to be Commencement,
fixed by the Minister by notice in the Gazette.
| Principal Ordinance, in force immediately before the commence- ^JJJ^Jc°f | 3.— (1.) A policy of insurance against liability under the Existing |
ment of this Ordinance, shall have 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 any such policy of insurance has been issued is liable to pay to the insurer, in respect of the additional liability which he may incur under this Ordinance, additional premium for the period of the unexpired balance of the currency of the policy 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 which would have been payable if the policy had been issued upon the date of com- mencement of this Ordinance.
| 422.—PRICE 5D. |
4.— (1.) Where, at the date of commencement of this Adjustment
Ordinance, a person is receiving or entitled to receive weekly payment under payments in accordance with the First Schedule to the Principal ordinance, &c. Ordinance, he shall, on and from that date, be 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, an employee 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 at that date if he had been incapacitated for work at that date, and he is not, at that date, so incapacitated, but after that date he becomes
• Notified in the Commonwealth Gazette on 1st May, 1952. incapacitated for work as a result of the injury or disease, weekly payments in respect of that incapacity shall be in accordance with the Pr incipal Ordinance as amended by this Ordinance.
death results from an in jury or disease wrhich was sustained or (3.) Where , after the date of commencement of this Ordinance,
contracted before that date and in respect of which compensation was payable u n d e r the Pr inc ipa l Ordinance, compensation shall be paid in respect of tha t death in accordance with the Pr inc ipa l Ordinance as amended by this Ordinance.
(4.) 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 Pr incipal Ordinance arising out of an in jury incurred or a disease contracted before the commence- ment of this Ordinance, tha t insurer is liable to indemnify that person against liability under the Pr incipal Ordinance, as amended by this Ordinance, arising out of that in jury or the contraction of that disease.
| Definitions. | 5. | Section six of the Principal Ordinance is amended— (a) by omitt ing from sub-section (1.) the definition |
" ambulance service " ;
(6) by omitt ing from that sub-section the definition
" hospital t rea tment " ; and
(c) by omit t ing from tha t sub-section the definition of " medical and surgical t reatment " and inserting in its stead the following definition:—
" ' medical t rea tment ' .means—
(a) medical or surgical treatment by a duly
qualified medical' practitioner;
(b) treatment by a registered dentist, a
physiotherapist or a masseur;
(c) the provision of skiagrams, crutches,
artificial members and artificial replacements;
(d) treatment and maintenance as a patient at a hospital;
(e) conveyance of an injured workman
to or from a medical practi t ioner or
hospi ta l ; and ( / ) nurs ing at tendance, medicines, medical and surgical supplies and curat ive appa ra tu s supplied or provided in a hospital or otherwise; ".
| injury while | 6 . Section eight of the Pr inc ipa l Ordinance is amended— |
| orafromngt° | (a) by omit t ing from paragraph (a) of sub-section (1.) |
| employment, | w o r a s | "place of " ; and |
t h e
(6) by omitting from paragraph (b) of that sub-section the words " medical, surgical or hospital treatment" and inserting in their stead the words " medical treatment".
| 7. Section eleven of the Principal Ordinance is amended— | Medical |
. treatment.
(a) by omitting from sub-section (1.) the words "medical,
surgical or hospital treatment or ambulance service "and inserting in their stead the words " medical
treatment " ;
(b) by omitting from sub-section (2.) the words "medical, surgical or hospital treatment or ambulance service " and inserting in their stead the words " medical treatment";
(c) by omitting from sub-section (2.) the words " One hundred pounds " and inserting in their stead the words " One hundred and fifty pounds " ;
(d) by omitting from sub-section (4.) the words "medical, surgical or hospital treatment " and inserting in their stead the words " medical treatment " ;
(e) by omitting from sub-section (6.) the words "medical, surgical or hospital treatment " and inserting in their stead the words " medical treatment " ; and(/) by omitting from sub-section (7.) the words "hospital treatment" and inserting in their stead the words " medical treatment".
8. Section twelve of the Principal Ordinance is amended by Maximum
omitting from sub-section (1.) the words "One thousand two liundred and fifty pounds " and inserting in their stead the words " One thousand seven hundred and fifty pounds ".
9. Section twenty-two of the Principal Ordinance is amended— ageaSS'the>°th (a) by omitting from paragraph (a) the words ", but shall |mtTan|erand
not be entitled to retain in full both damages and
amounts received under this Ordinance " ; and
(b) by inserting after sub-section (1.) the following sub-
section :—
" (1A.) For the purposes of this section " compen-
sation " includes a payment under section eleven of this Ordinance.".
10. Section twenty-eight of the Principal Ordinance is amended Regulations,
by omitting paragraph (c) and inserting in its stead the following
paragraph:—
" ( c ) fees and expenses to be paid for medical examinations
or medical treatment; ".
11. The First Schedule to the Principal Ordinance is amended— First schedule. (a) by omitting from clause (i) of sub-paragraph (a) of
paragraph 1 the words " One thousand pounds " and inserting in their stead the words " One thousand five hundred pounds " ;
(6) by omitting from that clause the words " Fifty pounds " and inserting in their stead the words " Seventy-five pounds";
(c) by omitting clause (iii) of that sub-paragraph and
inserting in its stead the following clause:—
" (iii) such sum, not exceeding Fifty pounds, on account of the expenses of the workman's funeral, as is reasonable;";
(d) by omitting sub-paragraphs (6) and (c) of paragraph 1 and inserting in their stead the following sub- paragraphs :—
"(b) where the workman is totally incapacitated for work by the injury—a weekly payment during his incapacity of the sum of Six pounds and, in addition, the sum of—
(i) One pound fifteen shillings in respect of—
(1) the wife of the workman, if she was
married to the workman at the
date of the injury and is whollyor mainly dependent upon his
earnings; or
(2) if he has no wife, or if compensa- tion is not payable in respect of his wife—one female, over the aget of sixteen years, who is wholly or mainly dependent upon the earnings of the workman and was, at the date of the injury, a member of the family of the workman or caring for a child who was at that date, and is, under the age of sixteen years and wholly or mainly dependent upon the earnings of the work- man; and
(ii) Fifteen shillings in respect of each child,
whether born before or after the date of the injury, who, not being a child of a marriage contracted, or an ex-nuptial relationship formed, after the date of the injury, is under the age of sixteen years and wholly or mainly dependent upon the earnings of the workman; and " (c) where the workman is partially incapacitated for work by the injury—a weekly payment during his incapacity—
(i) of the amount (if any) by which the weekly amount that he is earning, or is able to earn in some suitable employment or business, after the injury is less than his weekly pay
at the date of the injury, or of the amount of Six pounds, whichever is the less; or
(ii) of the amount (if any) by which the weekly amount that he is earning, or is able to earn in some suitable employment or business, after the injury is less than the weekly amount that would have been pay- able to him under sub-paragraph (6) of this paragraph, if he had been totally incapacitated,
whichever is the greater." ;
(e) by omitting from clause (ii) of sub-paragraph (a) of
paragraph 2 the word " or " (last occurring) ;
(/) by omitting from clause (iii) of sub-paragraph (6) of paragraph 2 the words " Three pounds " and " Four pounds" and inserting in their stead the words " Four pounds ten shillings "' and " Six pounds ", respectively;
(g) by adding at the end of paragraph 2 the following word
and sub-paragraph:—
" ; and (e) where the employee is totally incapa- citated for work by the injury, eligibility for weekly payment under sub-paragraph (&) of that paragraph in respect of a child born after the date of the injury shall not accrue until the date of birth of the child." ; and
(h) by omitting from the proviso to paragraph 6 the words " medical, surgical and hospital treatment" and inserting in their stead the words " medical treat- ment ".
12. The Second Schedule to the Principal Ordinance is repealed second
| and the following Schedule inserted in its stead:— | schedule. |
SECOND SCHEDULE.
Section 10.
COMPENSATION FOB SPECIFIED INJUKIES.
Nature of Injury. Amount Payable.
£ s. d.
| Loss of both eyes | 1,750 0 0 |
| Loss of an only useful eye, the other being blind or absent | 1,750 0 0 |
| Loss of one eye, with serious diminution of the sight of the other | 1,312 10 0 |
| Loss of one eye | 700 0 0 |
| Loss of hearing | 1,225 0 0 |
| Complete deafness of one ear | 350 0 0 |
| Loss of both hands | 1,750 0 0 |
| Loss of right arm or greater part thereof | 1,400 0 0 |
| Loss of left arm or greater part thereof | 1,260 0 0 |
| Loss of lower part of right arm, right hand or five fingers of right hand | 1,225 0 0 |
422.-2
Nature of Injury. Amount Payable.
£ •9. d.
Loss of lower part of left arm, left hand or fire fingers of left hand . . 1,102 10 0 Loss of right thumb 525 0 0 Loss of left thumb . . 472 10 0 Loss of right forefinger 350 0 0 Loss of left forefinger 315 0 0 Loss of right middle finger . 280 0 0 Loss of left middle finger 262 10 0 Loss of right ring finger 245 0 0 Loss of left ring finger 227 10 0 Loss of right little finger 227 10 0 Loss of left little finger 210 0 0 Total loss of movement of joint of right thumb 245 0 0 Total loss of movement of joint of left thumb 227 10 0 Loss of distal phalanx or joint of right thumb . . 280 0 0 Loss of distal phalanx or joint of left thumb 262 10 0 Loss of portion of terminal segment of right thumb involving one-
third of its flexor surface without loss of distal phalanx or joint 245 0 0
Loss of portion of terminal segment of left thumb involving one-
third of its flexor surface without loss of distal phalanx or joint 227 10 0
Loss of two phalanges or joints of right forefinger 210 0 0 Loss of two phalanges or joints of left forefinger 192 10 0 Loss of two phalanges or joints of right middle or ring finger 192 10 0 Loss of two phalanges or joints of left middle or ring finger 175 0 0 Loss of two phalanges or joints of right little finger 175 0 0 Loss of two phalanges or joints of left little finger 157 10 0 Loss of distal phalanx or joint of right forefinger 175 0 0 Loss of distal phalanx or joint of left forefinger 157 10 0 Loss of distal phalanx or joint of other finger of right hand 140 0 0 Loss of distal phalanx or joint of other finger of left hand 126 0 0 Loss of hand and foot 1,750 0 0 Loss of both feet 1,750 0 0 Loss of leg above knee 1,312 10 0 Loss of leg below knee 1,137 10 0 Loss of foot 1,050 0 0 Loss of great toe 350 0 0 Loss of any other toe 140 0 0 Loss of two phalanges or joints of any other toe 112 0 0 Loss of phalanx or joint of great toe 175 0 0
Loss of phalanx or joint of ai ly other oe 105 0 0
| rwrd schedule. | 13. The Third Schedule of the Principal Ordinance is amended by omitting the figures " 1950 " and inserting in their stead the |
| figures "1951-1952". |
Dated this seventeenth day of April, 1952. W. J. McKELL
Governor-Gen eral.
By His Excellency's Command,
W. S. KENT HUGHES
Minister of State for the Interior.
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
0
0
0