Workmen’s Compensation Act 1954 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

» No. 12 of 1954.

AN ORDINANCE

•

To amend the Workmen's Compensation Ordinance

1951-1952, and for other purposes.

BE it ordained by the Governor-General in and over the Com-Executive Council, in pursuance of the powers conferred by the monwealth of Australia, with the advice of the Federal	Seat of Government Acceptance Act 1909-1938 and the Seal of
Government (Administration) Act 1910-1947, as follows:—
1.— (1.) This Ordinance may be cited as the Workmen's Com- pensation Ordinance 1954.* Short title

anil citation.

(2.) The Workmen's Compensation Ordinance 1951-1952 is in 1 his Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance,

may be cited a.s the Workmen's Compensation Ordinance 1951-1954.

2. Section six of the Principal Ordinance is amended by omit- Int'Tprt'lation.

ting from the definition of "workman" in sub-section (1.) the words " One thousand two hundred and fifty pounds " and inserting in their stead the words " Two thousand pounds".

3. Section eleven of the Principal Ordinance is amended by Modioli

omitting from sub-section (2.) the words " One hundred and fifty pounds " and inserting in their stead the words " Two hundred pounds ".

1800.—PRICE 5D.

4. Section twelve of the Principal Ordinance is amended by Maximum

omitting from sub-section (1.) the words "One thousand seven	.oinpensation.
hundred and fifty pounds " and inserting in their stead the words " Two thousand three hundred and fifty pounds ".

5.   The First Schedule to the Principal Ordinance is amended— pounds " and " Seventy-five pounds " and inserting in their stead the words " Two thousand three hundred and fifty pounds and " One hundred pounds", respectively;

P (a) by omitting from clause (i) of sub-paragraph (a) of

paragraph 1 the words " One thousand five hundred

* Notified in the Commonwealth Gazette on 3rd June, 1934.

(b) by omitting from clause (iii) of sub-paragraph (a) of paragraph 1 the words " Fifty pounds " and inserting in their stead the words " Sixty pounds " ;

(c) by omitting from sub-paragraph (b) of paragraph 1 the words " Six pounds " and inserting in their stead the words " Bight pounds fifteen shillings " ;

(d) by omitting from clause (i) of sub-paragraph (b) of paragraph 1 the words " One pound fifteen shillings " and inserting in their stead the words " Two pounds five shillings " ;

(e) by omitting from clause (ii) of sub-paragraph (b) of paragraph 1 the words " Fifteen shillings " and insert- ing in their stead the words " One. pound " ;

(/) by omitting from clause (i) of sub-paragraph (c) of
paragraph 1 the words " Six pounds " and inserting

in their stead the words " Bight pounds fifteen

shillings " ;

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

(h) by omitting from clause (iii) of sub-paragraph (b) of paragraph 2 the words " Four pounds ten shillings " and " Six pounds " and inserting in their stead the words " Six pounds ten shillings " and " Eight pounds fifteen shillings ", respectively.

Second

Schedule. 6. 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	2,350 0	0
Loss of an only useful eye, the other being blind or absent	2,350 0	0
Loss of one eye, with serious diminution of the sight of the other	1,762 10	o
Loss of one eye	940 0	0
Loss of hearing	1,645	0
Complete deafness of one ear	470	0
Loss of both hands	2,350	0

Loss of right arm or greater part of right arm	. .	1,880	(I
Loss, of left arm or greater part of left arm	1,692	II

Loss of lower part of right arm, right hand or five fingers of right

hand 1,645 0 0

Loss of lower part of left arm, left hand or five fingers of left hand. . 1,480 10 0

SECOND	S E C H E D T J L E — c o n t i n u e d .
Nature of Injury.	Amount Payable.

£ s. d.

Loss of right t h u m b 705 0 0

Loss of left	t h u m b	634 10	0
Loss of right forefinger	470	0	0
Loss of left forefinger	423	0	0
Loss of right middle finger	376	0	0
Loss of left middle finger	352 10	0
Loss of right ring finger	329	0	0
Loss of left ring finger	305 10	0
Loss of right l i t t le finger	305 10	0

Loss of left l i t t le	finger	282	0	0
Loss of to ta l movement of joint of r ight	t h u m b	329	0	0
Loss of to ta l movement of joint of left	t h u m b	305 10	0
Loss of distal pha lanx or joint of r ight	t h u m b	376	0	0

Loss of distal phalanx or joint of left t h u m b . 352 10 0

Loss of port ion of te rminal segment of r ight t h u m b involving one

th i rd of its flexor surface wi thout loss of distal phalanx or joint . . 329 0 0

Loss of port ion of te rminal segment of left t h u m b involving one

th i rd of i ts flexor surface wi thout loss of distal phalanx or joint	. ,	305	10 0
Loss of two phalanges or joints of r ight forefinger	282	0	0
Loss of two phalanges or joints of left forefinger	258	10	0
Loss of two phalanges or joints of r ight middle or ring finger	258	10	0
Loss of two phalanges or joints of left middle or r ing finger	235	0	0

Loss of two phalanges or joints of right l i t t le finger 235 0 0

Loss of two phalanges or joints of left little finger	211	10	0
Loss of distal phalanx or joint of r ight forefinger	235	0	0
Loss of distal phalanx or joint of left forefinger	211	10	0
Loss of dis ta l phalanx or joint of other finger of r ight hand	188	0	0
Loss of dis ta l pha lanx or joint of other finger of left hand	1 (i!)	0	0
Loss of hand and foot	2,350	0	0
Loss of both feet	2,350	0	0
Loss of leg above knee	1,762	10	0
Loss of leg below knee	1,527	10	0
Loss of foot	1,410	0	0
Loss of great toe	470	0	0
Loss of a n y o ther toe	188	0	0
Loss of two phalanges or joints of a n y other toe	i 50	0	0

Loss of pha lanx or jo in t of grea t toe . . 235 0 0

Loss of pha lanx or joint of a n y o ther toe 141 0 0

7.—(1.) A policy of insurance against liability under the Principal Ordinance, in force immediately before the commence- 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.	policies of
Existing
• (2.) An employer to whom any such policy of insurance has been issued is liable to pay to the insurer, in respect of the addi- tional 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 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 incurred or a disease contracted before the commencement of this Ordinance, that insurer is liable to indemnify that person against liability under the Principal Ordinance, as amended by this Ordinance, arising out of that injury or the contraction of that disease.

Adjustment©!

weekly	8.— (1.) Where, at the date of commencement of this Ordinance, accordance with the First Schedule to the Principal Ordinance, he is, from and including that date, entitled to receive weekly pay- ments in accordance with the Principal Ordinance as amended by this Ordinance.
payments	a person is receiving, or is entitled to receive, weekly payments in
under Principal
Ordinance.
(2.) Where, before the date of commencement of this Ordi- nance, 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 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 incapacitated for work as a result of the injury or disease, weekly payments in respect of that incapacity shall be in accord- ance with the Principal Ordinance as amended by this Ordinance.
(3.) Where, after the date of commencement of this Ordinance, death results from an injury or a disease which 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.
(4.) Where, at the date of commencement of this Ordinance, a workman is receiving, or is 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 twelve of the Principal
Ordinance as amended by this Ordinance apply in relation to the injury, injuries or disease.
(5.) Where, before the date of commencement of this Ordi- nance, a workman sustained an injury or contracted a disease—

(a) which, after that date, results in an injury specified in the Second Schedule to the Principal Ordinance as amended by this Ordinance; and

(b) in respect of which compensation would have been payable under the Principal Ordinance if the injury referred to in the last preceding paragraph had resulted before that date.

the amount of compensation payable in respect of that injury is the amount specified in the second column of the Second Schedule to the Principal Ordinance as amended by this Ordinance opposite the reference to the injury in the first column.

Dated this twenty-first day of May, 1954.

W. J. SLIM

Governor-General.

By His Excellency's Command,

W. S. KENT HUGHES

Minister of State for the Interior.

by Authority: L. V. JOHNSTON, Commonwealth Government Printer, Canberra.

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