Workmen’s Compensation Act (No 2) 1959 (ACT)

» USTRALIAN CAPITAL TERRITORY.

No. 20 of 1959.

AN ORDINANCE

^To amend the Workmen's Compensation Ordinance

1951-1956, as amended by the Workmen's	Compen-
sation Ordinance 1959.

I THE GOVERNOR-GENERAL in and over the Common- ,

wealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910-1959.

Dated this eighteenth day of December, 1959.

W. J. SLIM
Governor-General.

By His Excellency's Command,

GORDON FREETH

Minister of State for the Interior.

WORKMEN'S COMPENSATION ORDINANCE

(No. 2) 1959.

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

Compensation Ordinance (No. 2) 1959.*	and citation.
(2.) The Workmen's Compensation Ordinance 1951-1956,f as amended by the Workmen's Compensation Ordinance 1959,i is in this Ordinance referred to as the Principal Ordinance.
(3.) Section one of the Workmen's Compensation Ordi- nance 1959 is amended by omitting sub-section (3.).
(4.) The Principal Ordinance, as amended by this Ordi- nance, may be cited as the Workmen's Compensation Ordinance 1951-1959.
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by omitting from sub-section (2.) the words "Two hundred beneflts	2. Section eleven of the Principal Ordinance is amended Medical

pounds " and inserting in their stead the words " Three hundred

• d fifty pounds ".

* Notified in the Commonwealth Gazette on 23rd December, 1959.
t Ordinance No. 2, 1951, as amended by No. 4, 1952; No. 12, 1954; and No. 1, 1956.
t Ordinance No. 12, 1959.

No. 20. Workmen's Compensation. 1959^

3. Section twelve of the Principal Ordinance is amende^P

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

4. The First Schedule to the Principal Ordinance is

amended— ^

(a) by omitting from clause (i) of sub-paragraph (a) of paragraph 1 the words " Two thousand three hundred and fifty pounds " and inserting in their stead the words " Three thousand pounds";

(b) by omitting from clause (ii) of sub-paragraph (a) of paragraph 1 the words "injury to the dependants" and inserting in their stead the words " loss to the dependants resulting from the cessation of the earnings of the workman ";

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

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

(e) by omitting from clause (ii) of sub-paragraph (b) of paragraph 1 the words " One pound " and inserting in their stead the words " One pound two shillings and sixpence ";

(/) by omitting from clause (i) of sub-paragraph (c)

of paragraph 1 the words " Eight pounds	fifteen shillings " and inserting in their stead the
words " Ten pounds ";

(g) by omitting from clause (iii) of sub-paragraph

(b) of paragraph 2 the words " Six pounds ten- shillings " and " Eight pounds fifteen shillings 5r and inserting in their stead the words " Seven

pounds five shillings" and " Ten pounds",
respectively; and

(h) by inserting in paragraph 5, after the word* " accident "'. the words " or has made a clailfl for compensation under this Ordinance for an injury ".

1959. Workmen's Compensation. No. 20.

» 5. The Second Schedule to the Principal Ordinance is second

repealed and the following Schedule inserted in its stead:—

THE SECOND SCHEDULE.

Section 10.

COMPENSATION FOR SPECIFIED INJURIES.

Nature of Injury. Amount Payable

£ s. (I.

Loss of both eyes	3,000	0 0
Loss of an only useful eye, the other being blind or absent	3,000	0 0
Loss of one eye, with serious diminution of the sight of the other	2,250	0 0
Loss of one eye	1,200	0 0
Loss of hearing	2,100	0 0
Complete deafness of one ear	600	0 0
Loss of both hands	3,000	0 0
Loss of right arm or greater part of right arm	2,400	0 0
Loss of left arm or greater part of left arm	2,160	0 0
Loss of lower part of right arm, rignt hand or five fingers of right hand	2,100	0 0
Loss of lower part of left arm, left hand or five fingers of left hand	1,890	0 0
Loss of right thumb . .	900	0 0
Loss of left thumb	810	0 0
Loss of right forefinger	600	0 0
Loss of left forefinger	540	0 0
Loss of right middle finger	480	0 0
Loss of left middle finger	450	0 0
Loss of right ring finger	420	0 0
Loss of left ring finger	390	0 0
Loss of right little finger	390	0 0
Loss of left little finger	360	0 0
Loss of total movement of joint of right thumb	470	0 0
Loss of total movement of joint of left thumb	390	0 0
Loss of distal phalanx or joint of right thumb	480	0 0
Loss of distal phalanx or joint of left thumb	450	0 0
Loss of portion of terminal segment of right thumb involving one-

third of its flexor surface without loss of distal phalanx or joint 420 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	390	0	0
Loss of two phalanges or joints of right forefinger	360	0	0

Loss of two phalanges or joints of left forefinger 330 0 0

Loss of two phalanges or joints of right middle or ring finger	330	0	0
Loss of two phalanges or joints of left middle or ring finger	300	0	0
Loss of two phalanges or joints of right little finger	300	0	0
Loss of two phalanges or joints of left little finger	270	0	0
Loss of distal phalanx or joint of right forefinger	300	0	0
Loss of distal phalanx or joint of left forefinger	270	0	0
Loss of distal phalanx or joint of other finger of right hand	240	0	0
Loss of distal phalanx or joint of other finger of left hand	216	0	0
Loss of hand and foot	3,000	0	0
Loss of both feet	3,000	0	0
Loss of leg above knee	2,250	0	0
Loss of leg below knee	1.950	0	0
Loss of foot	1,800	0	0
Loss of great toe	600	0	0
Loss of any other toe	240	0	0
Loss of two phalanges or joints of any other toe	192	0	0
Loss of phalanx or joint of great toe	300	0	0
Loss of phalanx or joint of any other toe	180	0	0

No. 20. Workmen's Compensation. 1959.

f

Existiug	6.—(1.) A policy of insurance against liability under the Principal Ordinance, in force immediately before the com- mencement 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.
policies
of insurance.
(2.) An employer to whom any such 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 Ordi- nance, as amended by this Ordinance, arising out of the injury or the contracting of the disease.

7.—(1.) Where, immediately before the date of com-

of weekly

Adjustment.

payments, &c, mencement of this Ordinance, a person was receiving or was

tinder

Principal	entitled to receive, weekly payments in accordance with the
Ordinance.	First Schedule to 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 dis-
ease in respect of which weekly payments in accordance with the First Schedule to the Principal Ordinance would have been payable immediately before that date but for the fact that he rL
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. £m

(3.) Where, on or after the date of commencement of this ™

Ordin ance, death results from an injury or disease which was sustained or contracted before that date and in respect of which

^ 1 9 5 9 . Workmen's Compensation. No. 20.

compensation was payable under the Principal Ordinance, compensation shall be paid in respect of that death in accord- ance with the Principal Ordinance as amended by this Ordinance.

(4.) Where, immediately before the date of commence-
' ment of this Ordinance, a workman was receiving, or was
* 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 Ordinance, a workman suffered an accident or contracted a disease—

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

(b) in respect of which compensation would have been payable under section ten of the Principal Ordi- nance if the injury had resulted before that date,

the amount of compensation payable in respect of the injury is, subject to section ten of the Principal Ordinance as amended by this Ordinance, 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.

i By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
S984/59.—2