Workmen’s Compensation Act 1970 (ACT)

WORKMEN'S COMPENSATION

No. 26 of 1970

An Ordinance to amend the Workmen's Compensation

Ordinance 1951-1969.

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

sation Ordinance 1970.*

(2. ) The Workmen's Compensation Ordinance 1951-1969f 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 1951-1970.

2 . This Ordinance shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.%

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

4.—(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.

5 . — ( 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,

* Made on 3 July 1970; notified in the Commonwealth Gazette on 9 July 1970.

t Ordinance N o . 2, 1951, as amended by N o . 4, 1952; N o . 12, 1954; N o . 1, 1956; Nos . 12, 20 and 21, 1959;

N o . 8, 1961; N o . 10, 1962; N o . 6, 1965; N o . 44, 1967; N o . 19, 1968; and N o . 7, 1969.

% The date fixed was 20 July 1970; see Commonwealth Gazette 16 July 1970, p. 4716.

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.

(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 SCHEDULE Section 2.

A M E N D M E N T S OF THE PRINCIPAL ORDINANCE

Provisions amended Omit Insert

Section 10 (1.)	Ten thousand dollars	Twelve thousand dollars
Section 12 (1.)	Ten thousand dollars	Twelve thousand dollars
The	First	S c h e d u l e -
Paragraph 1 (a) (i) . .	Ten thousand dollars	Twelve thousand dollars
Paragraph 1 (b)	Twenty-eight dollars fifteen cents	Thirty-one dollars eighty cents
Paragraph 1 (b) (i) . .	Six dollars eighty cents	Seven dollars seventy cents

Paragraph 1 (b) ( i i ) . . Two dollars fifty cents Two dollars eighty cents

Paragraph 1 (c) (i) . . Twenty-eight dollars fifteen cents Thirty-one dollars eighty cents

Paragraph 2 (a) ( i i ) . . One thousand six hundred and Two thousand dollars

fifty dollars

Paragraph 2 (b) (iii) " Twenty-one dollars ten cents " " Twenty-three dollars eighty-five
cents "

" Twenty-eight dollars fifteen " Thirty-one dollars eighty cents "

cents "

Paragraph 9A than One hundred pounds than Two hundred and eighty

dollars

and One hundred pounds and Two hundred and eighty

dollars