WORKERS' COMPENSATION ACT 1928.1406 COMPENSATION ACT 1928. [19 GEO. V. Worker? Omjnmmtton Act WIS....

1404 COMPENSATION. [19 GEO. V.

WORKERS' COMPENSATION ACT 1928.

19GJK>BOBV. An Act to consolidate the Law relating to Compensa-Niosoe. t j o n ^0 \Yorkers for Injuiies occurring in the

Course of their Employment.

[12th February, 1929.] Worktr? I_>E it enacted by the King's Most Excellent Majesty by and with the AS^VVST"* ' ' advice and consent of the Legislative Council and the Legislative

Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

shortutttand 1. This Act may be cited as the Workers' Compensation Act 1928, m and shall come ^nto operation on a day t o be fixed b y proclamat ion

of t h e Governor in Council published in t h e Government Gazette,

Repe*i. 2 . The Acts mentioned in the First Schedule to this Act to the First Suhedui*. extent thereby expressed to be repealed are hereby repealed. Such repeal

shall not aSect any act matter or thing done or suffered under the said Acts before the commencement of this Act.

Interpretation. 3 . (1) In this Act unless inconsistent with the context or subject-it. 1. 3. matter1— t. &a s. is. Accident insurance means insurance agains t liability m intorMciV relation to workers' compensation to which employers

are subject under this or any other Act or at common law or otherwise.

"Certifying "Cert i fying medical p r ac t i t i one r " means a legally qualified pwotJSwidr. '* medical pract i t ioner—

(a) appointed under this Ac t by t he Governor in Council to a c t as a certifying medical prac t i tioner, or

(6) appointed o r act ing as a certifying medical p rac titioner under section eleven of t h e Factories and Shops Act 1928.

No. 3W)6.] WORKERS' COMPENSATION? ACT 1-928.' 1405

" Dependants" means such of the members of the worker's wartae ' • family as were wholly or in P*rt dependent upon the jauws.

earnings of the worker at the time of his death or would " Depwdanu." but for the incapacity due to the accident have been BO dependent, and where the worker being the parent or grandparent of a child born out of wedlock leaves such a child so dependent upon his earnings, or being a child born

< out of wedlock leaves a parent or grandparent so dependent upon his earnings, includes such a child born out of wedlock

• • and parent or grandparent respectively or any person who stands in loco parentis to another person and also that other person • •

" Employer "("'includes any body of persons corporate or unin-•< amplest. " corporate and the legal personal representative of a deceased employer, and where the services of a worker are tern-porarilylent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship the latter shall for the purposes of this Act be deemed to continue to be the employer of the worker whilst he is working for that other person.

" Government department" includes any Government depart- •• oavetDmaan ment heretofore or hereafter created and also the Board of lI*P»rtl,wnt" Land and Works, the Victorian Railways Commissioners, and the State Rivers and Water Supply Commission.

" Insurer " means the Insurance Commissioner or any company « •MU™-." approved by the Governor in Council as an insurer for the purposes of this Act.

," Medical practitioner" means a' legally qualified medical «• Meeical practitioner. practithraar.

"Member of a family" means wife or husband father mother •• Member ola grandfather grandmother step-father step-mother son a^f' daughter grandson granddaughter step-son step-daughter brother sister half-brother half-sister and for the purposes of this Act includes any person who stands *» loco parentis to another person and also that other person.

" Outworker " means a person to whom articles or materials are <• ontwockkr." given out to be made' up cleaned washed altered ornamented finished or repaired or adapted for sale in his own home or in other premises not under the control or management of the person who gave out the materials or articles.

"Port" includes place or harbor. "Fort" " Seaman " means a worker employed as a master officer seaman •• SSMMU,"

apprentice or in any other capacity whatever on board a ship by the owner or charterer thereof. " schedni*.**

" Schedule" means Schedule to this Act. ^ "'?• " Ship " includes any ship vessel boat or other craft. • Psrwm> not ** Worker "'"''does not include a person employed whose remunera- i»«iiid«d.

•1 rnr r J J 'J 1:„I„ J _ Worker? tion exceeds Inree nunared ana sixty pounds a year or comnawoHmt a person whose employment is of a casual nature and who sw4)«. 2. °* (a) And see section 14 (5) as to parties of miners.

1406 COMPENSATION ACT 1928. [19 GEO. V.

Worker? Omjnmmtton Act WIS. Worker* CompenWion Act 1932*. 2. SeePotien Penitent Ad 1923 o. 24. Perrons Included.

Reference to worker how construed.

Trlbuters and sub-trlbuters. Worker* Compentotion

t19221. 8. •irt1

Interpretation.

Contracts to (ell trees clear land .fce. Jb. I. 4. Comp. (H.Z.) 1920 No. 42 s. 6.

Application to workerB In employment of Crown or Government department. Worker* Comptntotton Act 1016*. 4. Proceedings la claims against the Crown or Oovernment department.

is employed otherwise than for the purposes of the employer's trade or business, or a member of the police force, or an outworker, or a member of the employer's family dwelling in his house; but save as aforesaid means any person (including a domestic servant) who hss entered into or works under a contract of service or apprenticeship or otherwise with an employer whether by way of manual labour clerical work or otherwise and whether the contract is expressed or implied is oral or in writing.

(2) Any reference to a worker who has been injured shall where the worker is dead include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit• compensation is payable.

(3) As between a tributer or sub-tributer and the lessee or owner of any mine or claim the tributer or sub-tributer (as the case may be) shall for the purposes of this Act be deemed to be working under e contract of service with such lessee or owner and such lessee or owner shall for the said purposes be deemed to be the employer of such tributer or sub-tributer within the mesning of this Act.

In this sub-section the expressions " claim " " lessee " " mine " " sub-tributer" pnd '* tributer " have respectively the same meanings

- as in Part I. or (if the case so requires) Part II. of the Mines Act 1928. (4) Notwithstanding anything in this Act or any law where—

(a) any person (in this sub-section referred to as " the principal") in the course of or for the purposes of his trade or business enters into a contract with any other person or persons (in this sub-section referred to as " the contractor") under which the contractor agrees—

(i.) to fell trees and deliver the timber obtained therefrom to the principal; or

(ii.) to fell trees or cut scrub on land in the occupation of the principal; or

(iii.) to clear such land of stumps or logs ; and (6) the conttactor does not either sublet the conttact or employ

workers or although employing workers actually performs any part of the work himself,

the contractor shall for the purposes of this Act be deemed to be working under a contract of service with an employer and the principal shall for the said purposes be deemed to be the employer of the contractor within the meaning of this Act.

Employers and their Liability. 4. (1) This Act shall apply to workers employed by or under the

Crown or any Government department in all cases where this Act would apply if the employer were a private person.

(2) All proceedings for or in respect of claims under this Act against the Crown or any Government department shall be taken in accordance with the provisions of this Act as if the chum were against a private person:

No. 3806.] WORKERS' COMPENSATION ACT 1928. 1407

Provided that Kales of Court may be made providing for any wmUre matter or thing necessary or convenient to be provided for with respect A<I WIS. to claims against the, Crown or any Government department or any matter arising out of any such claim.

(3) Notwithstanding anything in this Act any sum payable under this Act in respect of any claim against or premiums payable by the Crown or any Government department may with the authority of the responsible Minister of the Crown administering the department concerned be paid out of any moneys available for the purpose, or out of any accident or insurance fund or fund in the nature of an accident or insurance fund established pursuant to any Act of Parliament and available for the purpose or out of moneys specially appropriated by Parliament for the purpose.

(4) The exercise and performance of the powers duties or functions Trade or t _ _ t i t _ - _— _ i _* i. t. 11 * _ i t . — —. businesi of

of any body of persons corporate or unincorporate snail for the purposes corporation* of this Act be treated as the trade or business of such corporation or *•• body of persons. In this sub-section body of persons unincorporate does not include an unincorporate body of persons temporarily associated together for any purpose other than that of personal gain.

5. (1) If in any employment personal injury by accident" arising Liability or A, i j * it. t i i . t i • i i 1 r * employers to

out oi and in the course ot the employment is caused to a worker his workers for employer shall subject as hereinafter mentioned be liable to pay com- ^" e£ pensation in accordance with the Second Schedule. Worker^

/_ Ti , J J o . . • Workiri'

(a) the employer shall not be liable under this Act in respect c™jjBttitfio» of any injury which does not disable the worker for a period 3BO*) «.«. of at least one week from earning full wages at the work gXhiSnia at whicbMie was employed ; see e Edw.vn.

(6) when cue injury was caused by me personal negligence or *!** 1 *. t 4.1* 1 .f ' t u .reinoo 01

wilful act ot the employer or ot some person tor whose disablement. act or default the employer is responsible,.or was such as . to 2ivc a nff,, ,o 'ecover compensation under section four ji , 1fai hundrea and forty-one rc the Mines Act 1928 nothing in this Act or in any scheme under section thirteen of this Act shall affect any cimil liability of the employer but in any such case the worver may at his option either clain compessation under this Act or the said scheme (as the case may be) or take proceedings independently of this Act or the said scheme (as the case may be) but the employer shall not be liable to pay compensation for injury

' to a worker by accident arising out of and in the course of the employment both independently of and also under this Act or the said scheme (as the case may be) and shall not be liable to any proceedings independently of this Act or the said schene (as the case may be) except

(c) if ia is proved that the injury to a worker is attributable to wjorydueto tis serious tnd wilful misconducw (includiag being undeo JruivS8 8DI* the influence dwintoxicating liquor) any compensation ,n,»^"i,l<*ot

1408 WORKERS' COMPENSATION" ACT 1928. [19 GEO. V.

extets elsewhere u well as In Victoria

worUr^ claimed in respect of tha t injury shall unless the injury Act is is. results in death or serious and permanent disablement

be disallowed; Wheredaim (d) if a claim for compensation has already been made by the

claimant in respect of the injury under any law of the United Kingdom or of the Commonwealth of Australia

Of. 8.A. No. , * ,, , „ . , , . , , , . . 1053 s. e (2) ((*> or ot any other par t or ilia Majesty a doimmons, and Cora. Act „„,„™„„j.i„.„ „ „ J - A V , . * J. „_ , . „ J . _ „ „ „ -vu „ . .„J„_ NO. i3 of ion, compensation under this Aot or under any scheme under s 6S(2)<*>. section thirteen of this Act shall not be allowed to tbe

claimant, nor shall any person having such a claim under any such law claim under this Act or the said scheme (as the case may be) unless he makes a statutory declaration tha t he has not claimed and covenants with the employer tha t he will not claim compensation for the injury under any such law.

Determination (3) If any question arises in any proceedings under this Act as to •rising under tuft liability to pay compensation under this Act (including any question

as to whether the person injured is a worker to whom this Act applies) or as to the amount or duration of compensation under this Act the question if not settled by agreement shall subject to the provisions of

Se««n<i the Second Schedule be settled by arbitration in accordance with the Soheaiile. _* . t M\_ nit* j rt 1 j 1 Third Schedule. provisions ot the l n i r a Schedule. p«w«r to add 6 . (1) If in any proceedings under this Act for the settlement of Interest to r. • j 1 Z_ L v . . . , . , oompenution compensation a judge of county courts or a ponce magistrate (as the oSulei*inpl<wer case may be) is of opinion that the employer is responsible for or has attenD"*1* caused any unreasonable delay in such settlement the amount of com-

tTement ot pensation awarded and payable under this Act shall be increased by lb. $.8. such amount as the judge or police magistrate directs.

(2) Such increased amount shall not exceed— (a) in the case of a lump sum, Ten pounds per centum per annum

on the total amount of the compensation from the date of the notice of the accident to the date of assessment of compensation;

(b) in the case of weekly payments, Ten pounds per centum per annum on the amounts of the weekly payments accrued due a t the date of the assessment of compensation from the respective due dates of such weekly payments to the date of assessment of compensation. /

7 . (1) Subject to this Act where the worker's total or partial in-wmor weekly capacity for work results from the injury the compensation payable payment. shall in default of agreement be in the discretion of the judge of county

courts or ponce magistrate (as the case may be) either a lump sum or a weekly payment during the period of his incapacity.

(2) In exercising his jurisdiction to award a lump sum the judge or police magistrate (as the case may be) shall take into consideration the ability of the employer to make compensation in this form.

(3) When a lump sum is awarded by way of compensation under this Act instead of a weekly payment it shall be a sum equal to the present value a t five per centum compound interest of the aggregate

JTo. .3806.] WORKERS' COMPENSATION ACT 1928. 1409

of the weekly payments which, in .the .opinion of the judge or police wtrttrt' magistrate • (as the case may be) would probably become payable to ATfntT"™ the worker during the period of his, incapacity if compensation by way of a weekly payment were then awarded in lieu of a lump sum/4*

8: (1) Notwithstanding anything contained in this Act as to the natioot rate of compensation, compensation for the injuries mentioned in the **mP^'wtit,a' first column of the Fourth Schedule shall be assessed in the manner warterf indicated in the second column of that schedule/6' 92*KS«fl,!('Vi

„ , - 1 1 1 1. 11 1* 'A 1^ C IWSB f . 1 1 ,

(2) .Nothing m the said schedule shall limit the amount of com- w<>rkenf

pensation recoverable for any such injury during any period of total JTf^^a. incapacity due to illness resulting from that injury but any sum so re- 8804J*•e-ceived shall be taken into account in estimating the compensation payable sotadui* in accordance with the said schedule.

9. (1) Subject to this Act compensation under this Act (including a Compensation weekly payment or sutnr paid by way of redemption thereof) shall be absolutely absolutely inalienable whether by way or in consequence of sale assign- ,"al|*D*™-„ i i. x- - i . . v i i i \. Wor&ttr

ment cnarge execution insolvency attachment legal process or by Compensation operation of law or otherwise howsoever nor shall any claim be set on jwktn' against the same. , S'Sio^BWMai.

(2) In this section the expression " compensation under this A c t " includesI compensation under any scheme under section thirteen of this Act.

. NoHUIUJ m his Ac ana ane a y proceecu g o a penalty ^ J ] * ^ •* under the enactments relating to mines or factories and shops or „ , . employers and employes or the application of any such penalty. ^^^H

Proceedings. 1 1 . (1) Proceedings for the recovery under this Act of compen- mm» 5/ ******

sation for an injury shall not be maintainable^ /* » 11 (a) unless notice in writing, of the accident has been given as .soon smeEdw. vn,

as practicable after the happening thereof and before the °J ** *"a

worker has voluntarily left the employment in which he *coid*Irt-was injured but he shall not be deemed to have voluntarily left the employment in any case where by reason of the accident he was unable to continue in the emplov-

(b) unless the claim for compensation with respect, to such acci- CM™ in d nt VIA TI ri rri^ft within four montlisfrom the occiirrpnc*e °°m,wnsatl<m* of the accident- causing, the injury, or in case 01 death within four months from the time of death :

T l • -1 1 i l i '

Provided that— (a) the want of or any defect or inaccuracy in such notice shall p**** M .

not be a bar to the maintenance of such proceedings if it mu«. is found m the proceedings for settling the claim that the employer is not or would not if a notice or amended notice

(a) As to methods of calculation, see Arnold v. provisions of the Fourth Schedule, compensation Thompson, 1917 V.L.R., 658. must bo recovered, if at oil, under section 6.—

(6) See Ariiold v. Thotnp&tn, supra. In cases Arnold v. Bartling, 1919 V.L.R., 293. not falling expressly and literally within the

VOL. v.—89

1410 WORKERS' COMPENSATION ACT 1928. [19 GEO. V.

(Porter** Comptniation Act IMS.

Failure to make claim.

Contents of notloe.

Service.

Whore employer it the Crown.

Where employer It a body of persona.

PtocecdlDRs wtiero action brought independently of this Act or where appeal from judgment therein. Worktrt' Compcntation Att 19E8 (No. 3W4) ». 3.

were then given and the hearing postponed be prejudiced in hU defence by the want defect or inaccuracy, or that such want defect or inaccuracy was occasioned by mistake absence from Victoria or other reasonable cause ; and

(b) the failure to make a claim within the period above specified shall not be a bar to the maintenance of such proceedings if it is found that the failure was occasioned by mistake absence from Victoria or other reasonable cause.

(2) Notice in respect of an injury under this Act shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which the accident happened and shall be served on the employer or if there is more than one employer upon one of the employers.

(3) The notice may be served by delivering it to the person on whom it is to be served or by sending it by post in a registered letter addressed to him at his residence or place of business.

(4) Where the employer is the Crown the notice may be served by delivering it to the Crown Solicitor or by sending it by post in a registered letter addressed to the Crown Solicitor at the Crown Law Offices at Melbourne or by delivering it to the manager for the time being of the work on which the worker was injured.

(5) Where the employer is a body of persons corporate or unincor-porate the notice may be served by delivering it at the office or one of the offices of the employer or by sending it by post in a registered letter addressed to the employer at one of the offices of the employer.

12. (1) If, within the time limited for taking proceedings under this Act, an action is brought to recover damages independently of this Act for injury caused by an accident, and it is determined in such action or on appeal that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed ; but—

(a) the court in which the action is tried, or (&) if the determination is the determination (on an appeal by

either party) by an appellate tribunal—that tribunal— shall, if the plaintiff so chooses, proceed to assess such compensation, but may deduct from such compensation, all or part of the costs, which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act. In any proceeding under this sub-section, when the court or appellate tribunal assesses the compensation, it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction of costs, and such certificate shall have the force and effect of an award under this Act:

Provided that an appellate tribunal may, instead of itself assessing such compensation, remit the case to a county court fo,r the assessment of the compensation, and in such case may order the county court to deduct from the amount of compensation assessed by it all or part of such costs as aforesaid.


(2) Subject to this Act if it is determined in any proceedings under wortm-this Act that the injury is one for which the employer is not liable ^et fn&t^"1 under this Act such determination shall not prevent an action being 1£J,8J* brought in respect of such miury independently of this Act and the court independently

? • i i i i • i • i j i i j 1 , , of Act after in which such action 13 tned may deduct from any damages awarded nneuccesrfu] by such court all or part of the costs which in its opinion have been •i»«wi«. caused by the plaintiff having proceeded under this Act instead of bringing the action.

Schetnes of Compensation, <fic. 1 3 . (1) If a judge of county courts appointed by the Governor Contr«tingout.

in Council to act under this section after taking steps to ascertain the ilk''1S' views of the employer and workers and the Government Statist certifies— '*. w •• ..*'

(a) that any scheme of comnensation benefit or insurance for the workers of an enmloyer in any emnlovment (whether or not such scheme includes other emolovers and their workers) provides scales of conroensation not less favorable to the workers and their deuendants than the correspondinff scales contained in this Act' and

(b\ that where the scheme provi'des workers the scheme confers benefits at least equivftl t t such contributions in addition to the benefits to which th workers would have been entitled under this Act ; and

(c) that a majority (to be ascertained by ballot) of the worl«»r«i to whom the scheme is applicable are in favour of th*» scheme

the employer may whilst the certificate of his workers that the provisions of the scheme shall be substituted certifle*' echem0 for the provisions of this Act and thereupon the enroloyer shall hp ottEisAot."9

liable only in accordance with the scheme with respect to the workers so contracting with him and their dependants but save as afnre<uiid this Act shall apply notwithstanding any contract to the contrarv mad after the commencement of the Workers' Compensation Aet 119 A

(2) A judge of county courts may give a certificate to expire at certificate for the end of a limited period of not less than five years and may renew J"1**"1 j ) e r i o d ' with or without modifications such a certificate to expire at the end of the period for which it is renewed.

(3) .No scheme shall be so certified which—-(a) contains an obligation upon the workers to join the scheme certificate not

as a condition 01 their hiring; or > i n certain (6) does not contain provisions enabling a worker to withdraw c rc° ""*"

from the scheme ; or • (c) does, not contain provisions preserving any legal remedies 'I'ertwi'

(whether under any Act other than this Act or at common Jttivz^Vo). ,, law or otherwise) of the worker his dependants or legal

personal representatives. (4) If complaint is made to a judge of county courts by or on Revocattan of

behalf of the workers of any employer— certificate. (a) that the benefits conferred by any scheme no longer conform

to the conditions stated in sub-section (1) of this section:


Compensation Act 1016.

Distribution of moneys Ao. held for purposes of eoheme revoked or exptred.

InqnLries and Mooants

Kulos ol Court.

Extension to State emplor** 6 H fl Ed if* VIL e. t e t i t .

Power to pay into a comity court or court fll petty sessions consisting of a. police magistrate moneys payable under a oertified scheme in case of death. tVoricrs' Compensation Act 1922«. 6. Workert' ComptntaUen AH HKS (No. 3004) i. 5, Second and Third Schedules.

Power to make titlos of court.

Application of e. SO.

S lib-contracting. Workcit' Compensation Act l e i s t, 14.

See ib. s. 4.

{&) that the provisions of the scheme are being violated ; (c) that the scheme is not being fairly administered ; or (d) that satisfactory reasons exist for revoking the certificate,

the judge shall examine into the complaint and if satisfied that good cause exists for such complaint shall unless the cause of complaint is removed revoke the certificate.

(5) When a certificate is revoked or expires any moneys or securities held for the purpose of the scheme shall after due provision ha3 been made to discharge the liabilities already accrued be distributed as may be arranged between the employer and workers so contracting or as may be determined by a judge of county courts in the event of a difference of opinion.

(6) Whenever a scheme has been certified as aforesaid it shall be the duty of the employer to answer all such inquiries and to furnish all such accounts in regard to the scheme as may be made or required by ft judge of county courts.

(7) Rules of Court may be made for carrying into effect the foregoing purposes of this section.

(8) The Treasurer of Victoria may with respect to all or any of the Government departments cause schemes of compensation benefit or insurance to be framed with a view to their being certified by a judge of county courts as provided under this section.

(9) Any sum payable in the case ot death under any scheme certified pursuant to the provisions of this section may be paid into a county court or a court of petty sessions consisting of a police magistrate and thereupon notwithstanding anything in this section and so far as not otherwise expressly provided in the scheme the provisions of the Second and Third Schedules with respect to-—

(a) payment into and out of court; (b) any question as to who is a dependant or the amount payable

to each dependant; and (c) the powers duties and authorities of a county court or judge

thereof and of a court of petty sessions consisting of a police magistrate or such police magistrate in regard to payments in case of death when paid into court,

shall with such alterations modifications and substitutions as are necessary extend and apply with respect to such sum and shall be read and construed accordingly.

Rules of Court may be made with respect to all matters necessary or convenient for the purpose of carrying this sub-section into effect and subject to the consent of the Treasurer of Victoria as to the fees to be paid hereunder and the provisions of section thirty of this Act shall extend and apply to the making of such rules and to such rules when made.

Contractors and Sub-Contractors. 14. (1) (a) Where any person (in this section referred to as the

principal contractor) in the course of or for the purposes of his trade or business contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or


any part of any work undertaken by the principal wortm? j. j. AI_ *_ i A i t. n l 1* Li i. _ Compensation

contractor the principal contractor shall be liable to pay Act his. to any worker employed in the execution of the work IJf"JlfJS ** any compensation under this Act which he would have conti*ctor, been liable to pay if that worker and all other workers employed in the execution of the work had been immediately employed by him, and

• (b) Where compensation is claimed from or proceedings are taken against the principal contractor then in the application of this Act references to the principal contractor shall be substituted for references to the employer except that the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom he is immediately employed.

(c) In the case of sub-contracts the words " principal con- HIWDIIU of . i " i H .J .„„J j .^ „ „ j :„_i . . j„ „ „ t ' „ „ i „ +u„ „_;„;„„i "principal tractor shall extend to and include not only the original atntrnebr." principal contractor but also each contractor who constitutes himself a principal contractor with respect to a sub-contractor by contracting with him for the .execution by him of the whole or any part of the work, and the word "contractor" shall extend to and include not' only the original contractor but also each sub-contractor, and each principal contractor's right to indemnity shall include a right against every contractor standing, between him and the contractor by whom the worker was employed at the time when the accident occurred.

(2) When the principal contractor is liable to pay compensation indmnnit; of under thissection ho shall. be entitled to be indemnified by any person contractor. who would have been liable to pay compensation'to the worker independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by arbitration under this Act.

(3) Nothing in this section shall be construed as preventing a saving of right worker recovering compensation under this Act from the contractor c tSrtor.tr*m

instead of the principal contractor. (4) This section shall not apply in any case where the accident (Bcetioo not to

„ occurred elsewhere than on or in or about premises on which the ££«!£ " *" principal contractor has undertaken to execute the workor which are otherwise under his control or management.

(5) The foregoing provisions of this section shall not apply in any certain pernor* case where any two or more persons in combination (herein referred "tntinotVo bo to as a co-operating party) or any person on behalf of any co-operating ^ww-tore but party enter or enters into a contract for any work in a gold mine or a *°*k«». coal mine and the members of the co-operating party personally engage com^luaHm in such work; but the members of the co-operating party shall for the Aet I922 '• '* purposes of this Act be deemed workers within the meaning of this Act and the person with whom the members of such co-operating party or any person, on its behalf have or has entered into a contract as aforesaid shall for the purposes of this Act be deemed to be an employer within the meaning thereof.


Insolvenyy of Employer.

worttrf 1 5 . (1) Where any employer has entered into ft contract with any Sct wis t. is. insurers in respect of any liability under this Act to any worker then in Kwiejaiu «• to the event of the employer becoming insolvent or bankrupt or making a imoivenoyo* composition or arrangement with his creditors or if the employer is a employer Bee 0 Edw vu. c o m P a i i y in the event of the company having commenced to be wound 0.68 s. 5. Blghtaof employer

t lret t In

tip the rights of the employer against the insurers as respects that liability shall (notwithstanding anything in the enactments relating to insolvency and the winding up of companies) be transferred to and vest [n the worker, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, but so that the insurers shall not be under any greater liability to the worker than they would have been under to the employer.

worker entitled I*) ^ ™* liability of the insurers to the worker is less than the bifijJjwTin liability of the employer to the worker the worker may prove for the insolvency &o. balance in the insolvency liquidation or winding up.

Amount due for (3) There shall be included among the debts which are under the pre?erential00 a Insolvency Act 1928 in the case of an insolvency and under any Act debt- relating to companies or mining companies and the Mines Act 1928 in

the distribution of the assets of any company or mining company (as the case may be) which is being wound up to be paid in priority to all other debts the amount not exceeding in any individual case Two hundred pounds due in respect of any compensation the liability wherefor accrued before the date of the order of sequestration or the date of the commencement of the winding up (as the case may be); and the said Acts shall take effect accordingly. Where the compensation is a weekly payment the amount due in respect thereof shall for the purposes of this provision be taken to be the amount of the lump sum for which the weekly payment could if redeemable be redeemed if the employer made an application for that under the Second Schedule.

(4) The provisions of this section with respect to preferences and »ppiy icfcMe priorities shall not apply where the insolvent or the company being J!!.*™?!ojrer wound up has entered into such a contract with insurers as aforesaid.

(5) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.

Frortelon for OSB of weekly payment.

Second oouedule. Preferences and

Inenred, Section not to apply to voluntary winding up for certain purposes.

Kemedies botj, against employer and stranger. lb. t, 16. Workers' Compensation Actl923t.il See ib. i. u ,)•

Liability of Person other than Employer. * 6 . Where the injury for which compensation is payable under

thss Act or under any scheme under section thirteen of tnis Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof—

(1) The worker may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act or the said scheme (as the case may be) for such compensation but shall not be entitled to recover both damages and compensation ; and

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(2) If the worker has recovered compensation under this Act worten' the person by whom the compensation was paid and any &# ioiti, person who has been called on to pay an indemnity under indemnities, the section of this Act relating to sub-contracting shall be entitled to be indemnified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by action or if the parties consent by arbitration under this Act.

Seamen. 17. (1) This Act applies in respect of an accident happening to Application o«

i i ¥T« i • iT« J e i * i i_* - . , . , A c t i o

a seaman employed on a Victorian ship as denned m this section it the *oddonts to accident arises out of and in the course of his employment and happens etarrtoyed on accident arises one of and in x,ne course of his employment and happens employed on *M"4>1.£H A L ' B D ^ A LA ^— . - ^ A ! * " . . j-"L—x ' . . « ~ J ' ~ i - ? A « — i .-i ."~ C*i..4.A Victorian sh lpt.

within this State or within the jurisdiction of this otate. „ 17 * (2) In this Act the term ** Victorian ship " means any ship which is— ^o. 1** 3,. u.

(a) registered in this State ; or Si ais0*. n. (b) owned by a body corporate established under the laws of inanition ot

this State or having its principal office or place of business J'|1h,!S?t1™,

in this State or is in the possession of any such body corporate by virtue of a charter; or •

(c) owned by any person 01 body corporate whose chief office or place of business in respect of the management of such ship is in this State or is in the possession of any such person or body corporate by virtue of a charter; or

(d) owned by the Crown in respect of the Government of this State, or is in the possession of the Crown in that respect by virtue of a charter.

(3) The application of this Act in respect of accidents happening Modification*) o<

to seamen as provided by this section shall be subject to the following «tn>en.r*<t<l

modifications:— (a) The notice of accident and the claim for compensation may notiee»od

' _ . v .1 • • j * i i . _ „i. u~ „ „ „ j claim. except where the person injured is the master be served „ fl E(Jw v n on the master of the ship as if he were the employer, but o.'ss».7(i). where the accident happened and the incapacity commenced on board the ship,it shall not be necessary to give any notice of the accident.

(b) In the case of the death of a seaman the claim for compensation shall be made within six months after the news of the death has been received by the claimant.

(c) In the case of a ship lost with all hands the claim for compensation shall be made within eighteen months after the date when the ship is deemed under this section to have been lost with all hands.

(d) In the case of the death of a seaman leaving no dependants rbB?dl,0

(-no compensation shall be payable if the owner or charterer of the ship is under any Act in force in Victoria liable to pay the expenses of burial.

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Comvcnaatten Ad 1016. Weekly payments.

Compensation to be pnld lit loll.

When ship deemed to be lost with all

Evidence of namen being on board ship lost with «ll hands.

(e) No weekly payments shall be payable in respect of any period during which the owner or charterer of the ship is under any other Act in force in Victoria liable to defray the expenses of maintenance of an injured seaman.

(/) Compensation shall be paid in full in all cases notwithstanding any limitation of liability in any other law, but any limitation of liability imposed by any other law on the owner or charterer of the ship shall apply to the amount recoverable by way of indemnity under the section of this Act relating to remedies both against employer and stranger —as if the indemnity were damages for loss of life or personal injury.

(4) Without prejudice to any other means of proof available— (a) A ship shall be deemed to have been lost with all hands on

board if it is shown by some official return produced out of official custody or by other evidence that the ship on which the seaman in respect of whom the compensation is claimed was employed has twelve months or upwards before the institution of the proceedings left a port of departure and has not been heard of within twelve months of that departure.

(b) In the case of a ship lost with all hands a duplicate agreement or list of the crew made out and produced by the proper officer shall if produced out of official custody be in the absence of proof to the contrary sufficient evidence that the seamen therein named as belonging to the ship were on board at the time of the loss.

Application of Act to lodnBtTlal

Workers* Compensation Act 1928 (No. 8604) «. 7. Fifth Schedule. Be* 0 Bdw. VIL

Dtaeaw due to nature of employment.

DUfrblemfcat.

Industrial Diseases. 18. Where—

(i) the certifying medical practitioner for the district in which a worker was employed certifies that the worker is suffering from a disease mentioned in the Fifth Schedule and is thereby disabled from earning full wages at the work at which he was employed ; or

(ii.) the death of a worker is caused by any such disease and the disease is due to the nature of any employment in which the worker was employed within the twelve months previous to the date of the disablement whether under one or more employers the worker or his dependants shall subject to the provisions hereinafter contained be entitled to compensation under this Act as if the disease were a per* sonal injury by accident arising out of and in the course of that em-ploymen t and the disablement shall be treated as the happening of the accident.

No 19. If it is proved that the worker has at the time of entering the Compensation , , . . ! „ , , •. . . - , . , , . . . . ° is certain CUM. employment wilfully ana falsely represented himself m writing as not cmmjwtiatiim having previously suffered from the disease compensation shall not be Act IBIB#. is. payable.

No. 380C] COMPENSATION" ACT 1928. 1417

2 0 . The compensation shall be recoverable from the employer wmktn' who last employed the worker during the said twelve months in the Ja'wii?t7"o. employment to the nature of which the disease was due, and notice of compen«ation j _ i . l i i - i i i i i i ' * i i i i *r<™ whom the death or disablement shall be given to that employer and may be r«covemwa. so given notwithstanding that the worker has voluntarily left his employment: >

Provided that— (i.) the worker or his dependants if so required shall furnish that JJ"*Bhr*°

employer with such information as to the names and information, addresses of all the other employers who employed him in the employment during the said twelve months as he or they may possess, and if such information is not furnished or is not sufficient to enable that employer to take, proceedings under the next following proviso that employer upon proving that the disease was not contracted whilst the workman was in his employment shall not be liable to pay compensation ;

(ii.) if that employer alleges that the disease was in fact con- wtwre <*-««» , . I i -i . . . ° i , i i , contracted In tracted whilst the worker was m the employment of some employment other employer and not whilst in his employment he may employw.r

join such other employer as a party to the arbitration, and if the allegation is proved that other employer shall be the employer from whom the compensation is to be recoverable; and

(ui.) if the disease is of such a nature as to be contracted by a Disease frradual process anv other employers who during the said raduAL DI-OCCH

twelve months emoloyed the worker in the emtiloyment to the nature of which the disease was due shall be liable to make to the employer from whom compensation is recoverable such contributions as in default of affreement

L determined in thp arbitration under this Act for aettlinjr t h e a m o u n t of thft c o m p e m a H o n

2 1 . The amount of the compensation shall be calculated with Am]ou B on

reference to the earnings of the worlcer while at work under the ROW CUCLUAtCQ,

employer from whom the compensation is recoverable. Ib-»•21-2 2 . If an employer or a worker is aggrieved by the action of a Reference to

certifying medical practitioner in giving or refusing to give a certificate '?. g„re °r™"

of d isablement for t h e purposes aforesaid t h e m a t t e r shall in accordance with • regulat ions m a d e by t h e Governor in Council be referred to a medical referee whose decision shall be final.

2 3 . The date of disablement shall be deemed to.be such date asn&teof i t , . -...—.Lit j ^ „ ™ * J ! » « ] _.__~£~x± —u _*_.~A;.C _ _ J_T_ J _ J . '____.__ 1^*1 J.I_ oisd litemen* tne certifying medical practitioner certifies as the date on which tnu how disablement commenced or if he is unable to certify such a date the t!cert^in -date on whici t i e certificate i. given:

Provided that— (a) where the medical referee allows an appeal against a refusal

by a eertifying medicaa practitioner to give a certificate of disablement tmedate of disablement shall be such date as the medical referee may determine; or

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1418 W O R K E R S ' COMPENSATION ACT 1928. [ is GEO. V.

(b) where a worker dies without having obtained a certificate of disablement or is at the time of death not in receipt of a weekly payment on account of disablement the date of death shall be deemed to be the date of disablement.

24. If the worker at or immediately before the date of the disablement was employed in any process mentioned in the second column of the Fifth Schedule and the disease contracted is the disease in the first column of that schedule set opposite the description of the process the disease (except where the certifying medical practitioner certifies that in his opinion the disease was not due to the nature of the employment) shall be deemed to have been due to the nature of that employment unless the employer proves the contrary.

SB. (1) Where a resolution has been passed by both Houses of Parliament declaring that it is expedient to include in the Fifth Schedule any diseases and manufacturing processes other than those mentioned in the said schedule the Governor in Council may by order published in the Government Gazette declare that the said diseases and manufacturing processes shall be included in the said schedule in accordance with such resolution.

(2) Every such order shall on the expiration of three months from the date of such publication and while in force have the same effect as if the diseases and manufacturing processes named therein were inserted in the said schedule, and this Act shall be read and construed accordingly.

26. (1) (a) In such cases and subject to such conditions as the Governor in Council may direct a medical practitioner appointed by the Governor in Council for the purpose shall have the powers and duties of a certifying medical practitioner under this Act and the provisions of this Act shall be read and construed accordingly ;

(b) The Governor in Council may make regulations as to the duties of and fees to be paid to certifying medical practitioners and other medical practitioners (including dentists) under this Act.

(2) (a) The Governor in Council may appoint any legally qualified medical practitioners to be medical referees for the purposes of this Act; and the remuneration of and expenses" incurred by medical referees under this Act shall subject to regulations of the Governor in Council be paid out of moneys to be appropriated by Parliament;

(b) A medical referee who has been employed as tjitioner in connexion with any particular C&S8 by- or on behalf of an employer or worker or by any insurers interested shall not act as medical referee in that case.

Right to 27. Nothing in this Act as to compensation in respect of a disease recover , , , _ . . . °. . , , , L . , . , compeiiwtion snail affect the rights of a worker to receive compensation in respect of dimmes ni«d. a disease to which this Act does not apply if the disease is a personal to. i. 27. injury by accident within the meaning of this Act.

Wortttrt' Cvmptmation AH 1916.

Certain diseases to be deemed due to the nature of the employment unless the contrary proved. lb. >. 24. WorkeAr Compensation Act 1928 (No. 3604) «. 7. Fifth Schedule.

Extension of lection to Include other diseases. Workers' Conrptntalien Act IMS t. 2ft, Klfth Schedule.

Effect of order.

Fifth Schedule.

Appointment of practitioner to notas certifying medical practitioner. /A. s. 26.

Jtegulations AS to certifying medical practitioners A t

Appointment and remuneration of medical referees See 6 Kdw. VII. c 68 s. 10.

No. 3806.] COMPENSATION ACT 1928. 1419

Returns. 28. (1) Every employer in any industry to which the Governor Jjjjjjjj,, ,,

in Council may by any regulations direct that this section shall apply -*<*ni6*.38» shall on or before such day in every year as is stated in the regulations cflmpeneMion. send to the Minister mentioned in the regulations a correct return •e»a E^"- ™n

. . . ° e. 68 8. 12.

specifying— ( ) + k k , . . . . , , . , ^

e m fd V +1, 1 J V A J * J.V.

jo; the^amounx oi such compensau n ; a a (cj sucn other particulars as such Minister may °^rec .

(2) JBivery such employer jfimiS *** comply witn tnis section or

Five pouiius.

Existing Contracts. 29. Any contract existing at the commencement of this Act whereby Pro-riaion *» to

a worker relinquishes any right to compensation from the employer contracts, for personal injury arising out of and in the course of Ms employmentIb- '•29-

1 i f . » . i ** » i i . . i i i i i IA r » / . . S » l b . « . 16.

shall not for the purposes of this Act be deemed to continue after the time at which the worker's contract of service would determine if notice of the determination thereof were given at the commencement of this Act.

Rides of Court. 30. (1) Any three judges of county courts may subject to the £0Jre'j2

provisions of this Act frame Rules of Court for any purpose for which county comti this Act authorizes Rules of Court to be made and generally for carrying Ib so into effect this Act so far as it affects any county court or any judge or officer thereof or- a police magistrate and any proceedings in any county court or before a judge thereof or a police magistrate and in such rules may prescribe such forms and such scales of fees costs or expenses as may be necessary or convenient for the purposes of this Act.

(2) The provisions of the County Court Act 1928 with respect to rules and orders under that Act shall mutatis mutandis and so far as they are applicable apply to the Rules of Court under this section.

Insurance Policies. 31 . (1) Every insurer issuing a policy of insurance or indemnity Insurance

indemnifying an employer against his liability for accidents happening £ntain only in Victoria in relation to workers' compensation under this or any other Se rd'anee'with Act or at common law or otherwise shall insert therein only such pro- »i«i»tioo». visions as are in" accordance with regulations made by the Governor in '*'3I* Council in that behalf.

(2) Every insurer guilty of a contravention of this section shall be Penalty. liable in respect of each policy issued by such insurer which is not in accordance with such regulations to a penalty of not less than Fifty nor more than One hundred pounds, but a contravention of this section shall not annul any such policy or diminish or affect the liability of the insurer to the person insured under any such policy.


Worktrf Compensation Am 1016 t. 82. Eftubllthraent by State of an Accident Insurance Offloo.

Appointbiftnt of Insurance Cominteloner.

Deputy umusioti Contrt

Delegation by Comtnlss'oner.

State Accident Insuranoe food. 7fr, :. OS.

Accident policies guaranteed fcj State. lb. s. 34. Payment out of consolidated revenue ft necessary.

Recoup from Aeclu>nt Insurance Pood.

Appropriation of surplus. lb. J. 36.

State Accident Insurance.

32. (1) For the purpose of enabling employers to obtain from the State policies of accident insurance or indemnity indemnifying them against their liability in relation to workers' compensation under this or any other Act or at common law or otherwise, and of doing all such things as are incidental or conducive to the carrying out of accident insurance, a State Accident Insurance Office shall be constituted.

(2) Such office shall be managed and controlled by an officer who shall be appointed by the Governor in Council and shall be called the Insurance Commissioner; and subject to the Public Service Act 1928 such agents officers clerks and persons as may be necessary shall be appointed to assist the said Commissioner.

(3) The Governor in Council may appoint an officer to be called the Deputy Insurance Commissioner who shall manage and control ,the office during the absence and on behalf of the Insurance Commissioner and also during the occurrence from any cause of a vacancy in the office of Commissioner and so long as such vacancy continues.

(4) The Insurance Commissioner may from time to time by writing under his hand and subject to the approval of the Governor in Council delegate to the Deputy Insurance Commissioner or to any officer who may have been appointed to assist him any of the powers functions or duties imposed or conferred on the Insurance Commissioner by this Act.

33. All premiums or other moneys received by the Insurance Commissioner shall be paid into an account to be kept in the Treasury to be called the State Accident Insurance Fund; and all payments in respect of policies or of the administration of the State accident insurance provisions of this Act shall be payable out of such fund; and the salaries wages or allowances of any officers or employes of the public service who are employed in the carrying out of the said provisions shall if paid out of the consolidated revenue be recouped from the said fund.

34. (1) Every policy issued by or for the Insurance Commissioner shall be issued on behalf of and is hereby guaranteed by the Government of Victoria.

(2) Such sum as the Treasurer may at any time certify to be required to secure any payment legally payable under and pursuant to such policy so far only as the same cannot be paid out of the said Insurance Fund is hereby appropriated accordingly out of the consolidated revenue.

(3) Any sum so appropriated by the Treasurer shall be deemed to be an advance to the said Insurance Fund and shall remain a charge thereon to be recouped when funds are available.

35. (1) "Where at the end of any financial year a surplus remains in the said Insurance Fund after providing for all liabilities it shall be dealt with as provided in this section.

(2) Such portion as the Insurance Commissioner and the Auditor-General may deem advisable shall be carried to a reserve fund which shall be invested in securities of the Government of Victoria.

No. 3806.] WORKERS' COMPENSATION' ACT 1928. 1421

(3) The investment in such securities shall in every case be made 5£5»5S"«a*aw» through the Treasurer at par and the redemption of the securities whether •"*<* i9'6-at maturity of the loan or before that date shall be at par.

(4) Any balance of the said surplus may be dealt with as the Governor in Council may direct.

36. (1) The Insurance Commissioner shall in the month of August Annnui in each year prepare and transmit to the Minister a balance-sheet and lb , 3(l statement of accounts setting forth a true statement of the financial position and the transactions of the State Accident Insurance Office for the preceding financial year audited by the Auditor-General, and a copy of such balance-sheet and statement shall be laid before each House of Parliament as soon as practicable.

The Auditor-General shall have in respect of such balance-sheet and statement all the powers conferred upon him by any Act relating to the auditing of the public accounts.

(2) The balance-sheet shall— bSaScMihMt (a) show a profit and loss account; (b) be in the form to be prescribed by the Auditor-General; (o) show separately what sums (if any) have been paid or set

aside for or towards interest reserve fund outstanding claims and unearned premiums.

37. (1) Save as provided in this Act as to schemes of compensation i«Mir»i™ j *J J - i t * J* 1- •,!. v ii i. t-i* J. * obligatory'

ana as provided in tne next succeeding section it snail be obligatory lor w fc 8I> every employer to obtain either from the Insurance Commissioner or from an insurer approved by the Governor in Council a policy of accident, insurance or indemnity for the full amount of his liability to pay compensation under this Act to any worker or workers. Every employer who fails to comply with this section shall be liable to a penalty of not Penalty. more than Two pounds in respect of each uninsured worker employed- by him, and from and after the date of any conviction for a contravention of this section such employer shall from time to time be liable to further penalties of not more than One pound for every week during which he fails to comply with this section.

(2) In any proceedings against an employer for failing to comply Burden of prooft with this section the burden of proof that the provisions of this Act have cwtjmuat*o» been complied with by the employer shall be on the defendant. Axt l9iz *• *•

38'. (1) Where an employer employs workers and the wages (if Provision tor *j -L T.* J. i i j J * J A j AT. x i oert&lnlLasse.

any) paid by turn to workers so employed aid not exceed tne total sum of employers. of One hundred and sixty pounds in the twelve months preceding the first employment by him of workers' in any year he shall if not already insured be deemed to have been insured in the State Accident Insurance Office from the commencement of the employment in that year for the full amount of his liability to pay compensation under this Act to workers• so employed—

if pursuant to any regulations under this Act and within fourteen days after the commencement of the employment he gives ' notice in writing to the Insurance Commissioner of the fact of his so employing workers; and

1422 WORKERS' COMPENSATION ACT 1928. [19 G E O . V .

worker? if he obtains from the Insurance Commissioner as soon as prac-Act 1915. ticable a policy of insurance indemnifying him against

the full amoun t of his liability under th i s Act t o pay compensation to workers so employed.

(2) The premiums in respect of every such policy— (a) shall, be calculated and be deemed to be due and owing from

the commencement of the emp loymen t ; and (b) may be recovered by the Insurance Commissioner in any court

of competent jurisdiction. (3) I n the case of an employer who a t the commencement of the

Workers' Compensation Act 1914 was employing workers as aforesaid any reference in this section to the first employment of workers or the commencement of the employment shall so far as relates to such workers be taken to mean the day on which the said Act came into operation.

Regulations. Regubtion oi 3 9 . (1) The Governor in Council may subject t o the provisions in Coun*™0' of this Act make regulations— "• *•30* (a) for directing the use of tables fixing and if necessary varying Worker* j.k i t „ • ~ i L L J • * -Jt

Comptmation the ra tes ot premium to be charged, in connexion with *1 *• 9 State accident insurance contracts and providing special

ra tes for workers specially liable to accident by reason of their age or any physical or menta l infirmity or incapacity or for workers in some part icular occupation where the risk in the individual case is greater t h a n t h a t usually involved in such occupa t ion : Provided t h a t the Insurance Commissioner may fix the premium in the case of any such accident insurance contract no t provided for in the said tables ;

(b) for prescribing conditions or provisions to be contained or implied in S ta te accident insurance contracts and for defining the na ture and ex ten t of the risks to be covered by such c o n t r a c t s ;

(c) for providing generally for the proper conduct of State accident insurance business;

(cQ for prescribing the ' requirements to be complied wi th and the securities t o be lodged by an insurer before approval of such insurer under section thir ty-seven of this A c t ;

(e) for any purpose for which this Act authorizes regulations to be m a d e ; and

(/) generally as t o any mat t e r s necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act .

(2) Such regulations may prescribe penalties not exceeding F ive pounds for any contravention thereof.

(3) All such regulations shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Par l iament within

No. 3806.3 WORKERS' COMPENSATION ACT 1928. 1423

fourteen days after the same have been made if Parliament is then ^Jjj^an^, sitting, and if Parliament is not then sitting then within fourteen days A"me-after the next meeting of Parliament.

40. Every person attempting by malingering to obtain fraudulently JS^f1"*an

any benefit under thi3 Act shall be guilty of an offence and shall be liable ».,. to. to a penalty of not more than Twenty pounds.

Number of Act.

2750 . . 3217 . . 3316 . . 3604 . .

SCHEDULES.

FIRST SCHEDULE.

Title of Act.

Worker? Compensation Acl 1915 Workers' Compensation Act 1922 Police Pensions Act 1923 Workers' Compensation Act 1928

Extent of Bcpeal.

The whole. The whole. Section 24. The whole.

Section 2.

SECOND SCHEDULE. SCALB AND CONDITIONS o r COMPENSATION.

(I) The amount of compensation under this Act shall be— (a) where death results from the injury (a)—

(i.) if the worker leaves any dependants wholly dependent upon his earnings a Bum equal to his earnings in the employment of tbe same employer during the three years next preceding the injury, or the sum of Two hundred pounds, whichever of those sums is the larger, bub not exceed. ing in any case Six hundred and eighty pounds, provided that the amount of any weekly payments made under this Act and any lump sum in redemption thereof shall be deducted from such sum, and if the period of the worker's employment by the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be one hundred and fifty-six times his average weekly earnings during the period of his actual employment under the said employer :

Sectlona », 13, 15.

Amount of compensation. In case of denth. Werkert' Com-pentatvm Act 1915 Second Schedule. Worktn' Compensation AH 10£g (No. 3004) «. 4.

(a) Compensation under the Act is given to the dependants because the deceased has been deprived by the accident of the power of earning that upon which they depended, and being a " worker " at the time of the accident, it is assumed by the . Legislature that, but for the accident, he would have continued in that capacity and exercised his earning capacity for the benefit of his dependants ; and in considering the probable- duration of his employment but for tbe accident if it be necessary to consider it, the only matter that can be taken into account as reducing the worker's average earnings ore such stoppages or cessations of work as are recognised as being normally incidental to tbe particular trade or employment.

The deceased was employed as a farm labourer at the time when he met with the'accident which caused his death. He was to' be paid at the rate of 14s. per day, and had only worked three full days when the accident occurred. He had been accustomed to work on his own farm during nine months of the year, and to work for wages as a farm labourer during the remaining three months.

Held, (1) That in computing the amount of compensation payable to the dependants of the deceased, the arbitrator should treat the amount which the worker would have received at the end of the first week if the accident had not happened— namely, £4 4s.—as his " average weekly earnings " for the purposes of the calculation, subject to any considerations which might arise under clause 2 (o) of this Schedule; and that, even if the arbitrator were permitted to surmise that the deceased would have remained in his employment

. for only three months, that would not constitute a reason for reducing bis average wages, as the loss of wages would not he due to anything but his own voluntary act.

(2) That tbe case should be remitted to the arbitrator to determine whether the claimants were wholly or partially dependent on the earnings of the deceased worker in view of the fact that he worked on bis own form during nine months of the year, and was employed by others during three months of the year.—Dunetone v. Ferrari, 1926 V.L.R., 155.


In case of total Incapacity.

In cue of partial Incapacity. Comp. (N.7.) 1008 No. 248

Addition n! payment In case of total incapacity where child under fourtAen yentfl ofai^ dependent on Injured worker. Workat Ctmpetttniion Art 1923 (No. 3604) a. 4.

Limits of compensation in casos of total or partial Incapacity. lb. «. 4.

WorkerB under twenty-one years of agi>,

fSflect at age or physical or mental Infirmity or incapacity.

OSCOND SoHSDULE"-continued.

(ii.) if the worker does not leave any such dependants, but leaves any dependants in part dependent upon his earnings suoh sunt, not exceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration under this Act, to be reasonable and proportionate to the injury to the said dependants : and

(iii.) if he leaves no dependants, the reasonable expenses of his medical attendance and burial, not exceeding Seventy-five pounds;

(6) (i.) where total incapacity for work results from the injury a weekly payment during the incapacity equal to sixty-six and two-thirds per cent, of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not, then for any less period during which he has been in the employment of the same employer : or

(ii ) wham naWlal incnnn^itv frtt* worlr results tmm thfl injitry fl. WAAITIIT nAvment durincr the incanaeitv eoual to sixty-six and two-thirds Der cent of the difference between the amount of the average weekly earnings of the' worker during the twelve months before the accident if he has been so lornr employed (but 5 not then for anv less period during which he has been in the empUw» ment of the same emialoyer) and the average weekly amount which ne is earning or is able to earn in some suitable employment or business after the accident :

(in.) wnere total incapacity for woric results froni t e in jury lor *ac c 11 01 worser un er rourieen years 01 age an r*'™'" o r r*m J i \ t +v.

f IT ^1^1?^ ' . i H i jT't* r^ TV i i m o d h KI rf **ii rT Ki * f*h t t'l

men ere , e p y le g v erne i w e o c i 1 + t l t h f j i h , h i . r « s p e

(iv.) whether in the caso rf total incapacity, where ne ehild under fourteen years oi age is toti l ly or mainly dependent upoy the earningc of the worker as aforesaid, or in tne case oi partial incapacity, , r in the case of both total incapacity as aioresala ana partial incapacity, the weekly payment under suD-paragrapn (oj en tnis paragrapn snail not exceed XTVO pounds ana tne fc i « l ? rf tne employer in respect thereof snail not exceea six nunorea pounas; imt in tne c™e 0 I total incapacity where any cmia or cnilaren ot ine VVcer " ,er lourteen yearsof age is or are totally or mainly oepan e t pon va arningg o v e j orker as storesaa n wie * ° i

«p J np» g p \U} paragr p ™ ™ ^™J

eighty pounds in a l l : Provided that the total weekly payment under sub-paragraph (6) of

this paragraph shall not in the aggregate exceed a sum equal to the average weekly earnings referred to in clause (i.) or clause (ii.) of the said subparagraph (6), or the sum of Three pounds, whichever is the smaller amount.

Provided that— (a) as respects the weekly payments during total incapacity of a worker who is

under twenty-one years of age at the date of the injury, and whose average weekly earnings are less than Twenty shillings, one hundred per oent. shall be substituted for sixty-six and two-thirds per cent, of his average weekly earnings, but the weekly payment shall in no case exceed Fifteen shillings while he is under twenty-one years of age but when he attains that age shall not be less than Twenty shillings;

lb) in the case of a worker who has in accordance with the regulations obtained from a certifying medioal praotitionor a certificate to the effeot that his aire or anv physical or mental infirmity or incapacity from which he is suffering is such as to render him specially liable to accident or to render the result of an aocident to him speoially serious and who has entered into an agreement in writing with his employer as to the maximum amount of compensation to be payable to him under this Act in reelect of aooidents happening after the date of the agreement the compensation shall not exceed that maximum but the maximum shall not be less-—

(i.) where death results from the injury and the worker leaves any dependants—than One hundred pounds;


SECOND SQHBPPTA'—cowtMwsd.

(tii) where total or partial incapacity for work results front the injury ^-than a weekly payment during the incapacity of Twenty shillings or one quarter of his average weekly earnings whiohever is tits larger and a total liability of One hundred pounds.

(c) subjeot to any provisions with respect to the total liability of an employer a Minimum . weekly payment during total incapacity of a worker over twenty-one years Jree5"if*"ni?D* of age .shall not be less than 'twenty shillings; .

(d) in'computing or otherwise determining the amount of compensation payable Excloalon ct under this Act whether the claim for compensation was made before or payments by

. after the commencement of the fforfcers' Compensation Act 1922 regard tS!S?0,^,j<i_*SS > •• i v u J i *J Lit ~ u i t . . < « h . _ . „*»„ *i,_ ttota relief tunas

shall not he had to any sum paid or payable, whether before or alter tno &0_ m commencement of the said Act, under any contract of assurance or insurance computing (including a contraot made with any friendly or other benefit society or compensation., association or any trade union) or out of any relief or sustentation fund or other'fund (whether statutory or otherwise) of the like nature.

(2) For the purposes of the provisions of this Schedule relating to " earnings " and Computation of "average weekly earnings " of a worker, the following rules shall be observed(°>;— "turnings "and

, , . . . . _ , . . . . . . .__ • L _i i t i J "average (o) Average weekly earnings shall be computed msuon manner as is best calculated weekly

to give the rate per week at which the .worker was being remunerated, earnings" and in computing such average weekly wages amounts paid by way of overtime to any worker shall be inoluded: Provided that where by ' reason of the shortness of time during whioh the worker has been in' the

• employment of his employer, or the casual' nature of the employment, or the terms of the employment, it is impraotioable at the date of the accident to compute the rate of remuneration, regard may be had to the average weekly amount which, during-the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same olass of employment and in the same distriot;

(6) Where the worker had entered into concurrent contraots of servioe with .two or more employers under whioh he worked at one time 'for one suoh employer and at another time for another suoh employer, his average weekly earnings shall be oomputed as if his earnings under all suoh contraots were earnings in the employment of the employer for whom he was working at the time of the acoident;

(e) Employment by the same employer shall be taken to mean employment by . the same employer in the grade in, whioh the worker was employed at

the time of the acoident, uninterrupted by absenoe from work due to illness or other unavoidable oause;

(if) Where the employer has been accustomed to pay to the worker a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reokoned as part of the earnings..

(3) In fixing the amount of the weekly payment, regard .shall be had to any payment Bonn) to be allowance or'benefit the worker may receive from the employer during the period of his bsd to Incapac•ty. 4Uowutes* Ac.

(4) Where a worker has given notice of an accident, he shall, if so required by the to worker, employer, subaiw himself for examinatioo f y a duly-qualified medical practitioner pro- Medical vided and paid by the employer, and if he refused to submit himself to such examination •ian>)smtk>n. or in any way obstructs the same dif hight to sompensation and to take or prosecute any proceeding under thit Acs in relation to tompensation shall be suspended until such examination has taken placeo ,

{5) The navment in the case of death shall unless otherwise ordered as hereinafter .* orovided be paid into a county court or a court of petty sessions consisting of a police n*™™?ln niasfistrate and anv sum so mid into court shalL subjeot to Rules of Court and the *"* ** death, provisions of this Schedule beinvested applied or otherwise dealt with by the court W*nt<«' in suoh manner as the court in its discretion thinks fit, for the benefit of the persons CemjwmwMiwi entitled thereto under this Aot and the receipt of the registrar of the court or the clerk Mn*i*^B *' of Tinttv sessions shall be a Bnffinient disoharge m respect ofthe amount paid in : Mtt Prnvidftd that if an aifreed the pavment in o a s e o f death shall i f ' the worker leaves na ^Atundanta be made toWa lecralmrsonal repre&antative or if he has no suoh r e n n

^ . . .* ^ ^ . whom the BTTwnBflS ofmerfical a t t e n d a n t and hnrial are d m £~\^ *~, M I " v 1

(6) tvules of Lourt may provide for the transfer^ ox money paid into court under tnis Rnus w Coutk ACi. from one oourt i© anoinor.

(a) See Z^ansto«« v. Ferrari, noted to clause (1) of the Schedule. VOL. v.—flO


Commentation Ad 1S28 (No. 3604) •. S. Pavlnont Of

waeklv mm to <tlnbility. Derpendants and amounts parable to diptudants.

Power to vary order or award

Investment la Savings Bank Msrded

Payment out. lb. t. 5.

Savings Bank accounts cf person deriving beuettt fiom Investment.

Periodical medical examinations.

Begulatlons.

Reference to medical referet,

SECOND SCGSDCXBT—cotninued.

(7) Where a weekly payment is payable under this Aot to a person under any legal disability, a county court or a court of petty sessions consisting of a police magistrate may, on application being made in acoordanoe with Rules of Court, order that the weekly payment be paid during the disability into court, and the provisions of this Schedule with rcspeot to sums required by this Schedule to be paid into court shall apply to sums paid into court in pursuance of any such order.

(8) Any question as to who is a dependant shall, in default ot agreement, be settled by arbitration under this Act, and the amount payable to each dependant shall be settled by arbitration under this Aot. Where there are both total and partial dependants nothing in this Schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

(9) Where, on application being made in accordance with Rules of Court, it appears to a county court that on account of negleot of children on tho part of a widow or on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order of the court or an award as to the apportionment amongst the several dependants of any sum paid as compensation, or as to the manner in which any sum payable to any such dependant is to be invested, applied, or otherwise dealt with, ought to be varied, the court may make such order for the variation of the former order or the award as in the circumstances of the case the court may think just.

(10) Any sura which under this Schedule U ordered to be invested may be invested in whole or in part in the State Savings Bank of Victoria or in one of the branches or agencies of the State Savings Bank of Viotoria by the registrar of a county court in his name OB registrar, or by a clerk of petty sessions in his name as such clerk.

(11) No part of any money invested in the name of the registrar of any county oourt or in the name of the clerk of petty sessions in such bank or in any of such branohes or agencies shall be paid out except upon authority addressed to the commis-sioners'by a judge of county courts or the registrar of the county oourt, or a police magistrate or the clerk of petty sessions (as the case may be).

(12) Any person deriving any benefit from any moneys invested in the said bank or in one of the said branohes or agencies under the provisions of this Aot may, nevertheless, open an account in such bank or in any of the said branohes or agenoies in his own name without being liable to any penalties or disabilities imposed by any Statute or regulations in respect of the opening of accounts in the said bank or two or more of suoh branohes or agencies, or of two aocounts in the same bank branch or agency.

(13) Any workor receiving weekly payments under this Aot shall, if so required by the employer, from time to time submit himself for examination by a duly-qualified medical praotitioner provided and paid by the employer. If the worker refuses to submit himself to such examination, or in any way obstructs the same, his right to suoh weekly payments shall be suspended until suoh examination has taken place.

(14) A worker shall not be required to submit himself for examination by a medical praotitioner undor paragraph (4) or paragraph (13) of this Schedule otherwise than in accordance with regulations made by the Governor in Council, or at more frequent intervals than may be prescribed by those regulations.

Where a worker has so submitted himself for examination by a medical praotitioner, or has been examined by a medical practitioner seleoted by himself, and the employer or the worker (as the case may be) has, within six days after suoh examination, furnished the other with a copy of the report of that praotitioner as to the worker's condition, then, in the event of no agreement being come to between the employer and the worker as to the worker's condition or fitness for employment, the registrar of a county court, on application being made to the court by both parties may, on payment by the applicant of such fee not onjeeding Two pounds as may be prescribed by any Rule of Court, refer the matter to a medical referee.

The medical referee to whom the matter is so referred shall, in accordance with regulations made by the Governor in Council, give a oertifioate as to the condition of the worker and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matters so certified.

Where no agreement can be come to between the employer and the worker as to whether or to what extent the incapacity of the worker is duo to the aooidont, the provisions of this paragraph shall, subject to any regulations made by the Governor in Council, apply as if the question were a question as to the condition of the worker.

If a worker, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been so referred as aforesaid, or in any way obstruots the same, his right to compensation, and to take or proseoute any

> •

No. 3806.] WORKERS' 'COMPENSATION ACT 1928. 1427

proceeding under this Act, in relation to compensation, or in the cage of a worker in Teoeipt of a weekly payment, his right to that weekly payment shall be suspended until suoh examination has taken plaoe.

Rules of Court may be made for prescribing the manner in whioh documents are to Bute* of Court, be furnished or served and applications made under this paragraph, and the forms to be used for those purposes and subject to the consent of the Treasurer of Victoria as to the fee to be paid under this paragraph.

(15) Any weekly payment may be reviewed at the request either of the employer Bevtew et or of the worker, and on such review may be ended, diminished, or increased subject to UMIIJ" the maximum above provided, and the amount of payment shall, in default of agreement, payment-be settled by arbitration under this Aot: v Provided that where the worker was at the date of the aocident under twenty-one -

years of age and the review takes plaoe more than twelve months after the acoident the amount of the future weekly payment may be inoreased subjeot to the maximum abovto provided to any amount equal to two-thirds of the weekly sum which the worker would probably have been earning at the date of the review if he had remained uninjured.

(16) Where any weekly payment has been continued for not less than six months, Lump mm fa the liability therefor may, on application by or on behalf of the employer, be redeemed by redemption of the payment of a lump sum of such an amount as may be settled by arbitration under "*f!l„ t tliis Act, and such lump sum may be ordered by a judge of county courts to be invested or otherwise applied for tho benefit of the person entitled thereto:

Provided that nothing in tills paragraph shall be construed as preventing agreements being made for the redemption of a weekly payment by a lump sum.

(17) If a worker receiving a weekly payment ceases to reside in Viotoria he shall Wotier eating thereupon cease to be entitled to receive any weekly paymont, unless the medical referee *• reskle In oertifics that the incapacity resulting from the injury is likely to be of a permanent nature. *,™r,a> If the medical referee so certifies, the worker shall be entitled to receive' quarterly the amount of the weekly payments accruing due during the preoeding quarter so long as he proves, in suoh mariner and at suoh intervals as may be prescribed by Rules of Court, his identity and the continuance of the inoapaoity in respect of which the weekly payment is payable.

(18) Where under this Schedule a right to compensation is suspended no compensation Effect of shall be payable in respect of tho poriod of suspension. suspension of

•. * r -r payment.

-' • • THIRD SCHEDULE!.

ABBITBATION, ETp.

Tho following provisions shall apply for settling any matter whioh under this Aot is SecUom 5, IS. to be settled by arbitration :—

(1) Everysuoh matter shall in the absenoe of agreement be, settled at the option t>f the worker by a judge of county courts or polioe magistrate, according to the procedure prescribed by Rules of Court.. • *

(2) The Arbitration Act 1928 shall not apply to any arbitration under this Aot. The county court deoision of the judge or a police magistrate in any case whewhe settles the matter under lodge or police this Act, or where ho gives any decision or makes any order under this Act, shall as to any ™isl»J*»t* to

.. ' „» . . . „ CB „» „„ J „„ 4.. „„ „„„*;,„. . i i „ „u„n w i^. c i i - i f bearbitrator.

question of fact be final, ana as to any question of law snail also be final unless within the time and in accordance with tho conditions for appeals front an,order of a judge of county courts to the Supreme Court either party appeals to the Full Court, in whioh Appeal to Full ease the Full Court shall deoide the matter of such appeal and make suoh order therein Court. t as is just, and may either dismiss tho appeal or reverse or vary the decision or order appealed from, and may make such order with respept to tho costs of the appeal and'of the arbitration or proceedings before the judge of county courts or a polioe magistrate as the Full Court thinks proper, and the orders of the Full Court shall be final.

A judge of county courts or a police magistrate shall, for the purposes of an arbitration or any application or proceedings under this Aot, have the same powers of procuring the attendance of witnesses and the production of documents as if the same were an aotion in a county oourt. .• • , > '-

(3) A judge of county courts or a police magistrate may, if he thinks fit, summon unitesl referv* a medioal referee to sit with him as an assessor; and may, subjeot to regulations made to tit as by tho Governor in Council, appoint a medioal referee to report on any matter whioh ?fa?!?1)» *,"!! ** •JL™= „ . t . ^ . i *~ „.,.. __..»!«_ ..:.:_» 5« on ««Vii*«.+inT. repent to Judge seems material to any question arising in an aroiirauon._ , , oi police

(4) Rules of Court may make provision for the appearanoe in any arbitration under ro*8u'™o. this Aot of any party by some other person.

.1428 WORKERS' COMPENSATION ACT 1928. [19 GEO. V.

TUHD SOHKDULB—•cottJmvsd.

Oosta. • (5) The oosts of and incidental to the arbitration and proceedings oonneoted therewith shall, subjeot to any Bules of Court, be in the discretion of the judge or a police magistrate; and shall not exceed the limit prescribed by Bules of Court, and shall be taxed in manner prescribed by those Bules; and such taxation may be reviewed by a judge of county courts or a police magistrate.

Registration of (6) Where the amount of compensation under this Aot has been ascertained, or any •"iSSSSt'"1 rf wook'y payment varied, or any other matter deoided under this Act, by agreement, a a™1" memorandum thereof shall be sent, in manner prescribed by Bules of Court, by any party

interested, to the registrar of the county oourt for the district in whioh any person entitled to suoh compensation resides, who shall, subjeot to suoh Bules, on being satisfied as to its genuineness, record suoh memorandum in a speoial register without fee, and thereupon the memorandum shall for all purposes be enforceable as a county oourt

'judgment : Provided that—

(a) no suoh memorandum shall be recorded before seven days after the despatoh by the registrar of notioe to the parties interested;

(6) where a worker sects to record a memorandum of agreement between bi* employer and himself for the payment of compensation under this Act, and the employer, in aocordanoe with Bules of Court, proves that the worker has in fact returned to work and is earning the same wages as he did before the accident, and objects to the recording of such memorandum, the memorandum shall only be recorded (if at all) on such terms as a judge of oounty courts or a polioo magistrate in the oiroumstanoes may think just;

(c) a judge of oounty courts or a police magistrate may at any time make suob. order in relation to the recording of the memorandum inoluding the removal of suoh record as he thinks just;

(d) where it appears to the registrar of a county oourt, on any information whioh he considers sufficient, that an agreement as to the redemption of a weekly payment by a lump sum, or an agreement as to the amount of compensation payable to a person under any legal disability, or to dependants ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influenoe or other improper means, he may refuse to record the memorandum of the agreement Bent to him for registration, and refer the matter to a judge of oounty oourts or a police magistrate, who may, in accordance with Bules of Court, make suoh order (including an order as to any sum already paid under the agreement) as under the oiroumstanoes he thinks just; and

(e) a judge of county oourts or a police magistrate may, within six months after a memorandum of an agreement as to the redemption of a weekly payment by a lump sum, or of an agreement as to the amount of compensation payable to a person under any legal disability or to dependants, has been recorded in' the register, order that the record be removed from the register on proof to his satisfaction that the agreement was obtained by fraud or undue influence or other improper means, and may make suoh order (inoluding an order as to any sum already paid under the agreement) as under the oiroumstanoes he thinks just.

Effwt of turn- (7) An agreement as to the redemption of a weekly payment by a lump sum if not registratton of registered in aocordanoe with this Aot shall not, nor shall the payment of the sum payable memorandum of tinder the agreement, exempt the person by whom the weekly payment is payable from * < r M m liability to continue to make that weekly payment; and an agreement as to the amount

of compensation to be paid to a person under a legal disability or to dependants, if not so registered, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the compensation is payable from liability to pay compensation, unless, in either oase, he proves that the failure to register was not due to any negleot or default on his part.

wbst court or ($) Without prejudice to any transfer in maimer prescribed by Bules of Court, where

Judge to hare any matter under this Act 1B to be done in a county court or a court of petty sessions arlidl<*k>n. consisting of a police magistrate or by or before a judge of county courts or a police

JGjSSutfjo,, magistrate or the registrar of a county court or a clerk of petty sessions, then, unless the . i* ieaSfHo contrary intention napears, the eounty yourt referred dt ohall, subject t t Rules so fourt, 360*)«. 5. be taken to mean the county court of the distriot in which all the parties concerned

reside, or if they reside in different districts tile district prescrbied by Bules of Court, and, unless the oontrary intention appears, the court of petty sessions referred to shall,


subject to Rules of Court, be taken to mean such oourt as all the parties concerned agree upon, or in the absence of agreement as is fixed by a police magistrate sitting in or out of court.

(9) The duty of a judge of comity courts or a police magistrate tinder this Act •hall, subject to Rules of Court, be part of the duties of county oourt judges or police magistrates (as the case may be) and the officers of the appropriate oourt shall aot accordingly.

(ID) No court fee except suoh as may be prescribed under paragraph (14) of the Seoond Schedule shall be payable by any party in respeot of any proceedings by or •gainst a worker under this Aot in the court prior to the award.

(11) Any sunt awarded as compensation shall, unless paid into court under this Aot, be paid on the receipt of the person to whom it is payable under any agreement or award, and no barrister and solioitor and no agent of a person olaiming compensation under this Aot shall be entitled to recover from him any costs in respeot of any proceedings in an arbitration under this Aot or to claim a lien in respeot of suoh costs on or deduot such •osts from the sum awarded or agreed as compensation except suoh sura as may be awarded by a judge of county courts or a polioe magistrate on an application made either by the person olaiming compensation or by his barrister and solioitor or agent to determine the amount of costs to be paid to any barrister and solicitor or agent of the person olaiming compensation, and suoh sum shall be awarded subjeot to taxation and to the soale of costs prescribed by Rules of Court.

Dottat to be port ef duties of county court Judge* or polioe m«gl*tratM. Few.

Beoelpts tor payment*. Costs of barrister and soltetteror agent.

FOURTH SCHEDULE. Section t*

Nature of Injury.

Loss of both eyes . . Loss of an only eye . . Loss of both hands Loss of both feet . . Loss of a hand and a foot Total and incurable loss of mental powers involving inability to work . . Total and incurable paralysis of the limbs or of mental powers . . . . The total loss of the right arm or of the greater part of the arm . . . . The total loss of the left arm or of the greater part of the arm . . . , The total loss of the right hand or of five fingers of the right hand or of the

lower part of the right arm . . . . The total loss of the same for the left hand and arm The total loss of a leg . . . . • . The total loss of a foot or the lower part of the log The total loss of the sight of one eye, together with the serious diminution

of the sight of the other eye . . . . The total loss of hearing . . . . . . The total loss of the sight of one eye . . The total loss of the thumb of the right hand The total loss of the thumb of the left hand . . The total loss of the forefinger of the right hand The total loss of the forefinger of the left hand . . The total loss of a joint of the thumb of the right hand . . The total loss of a joint of the thumb of the left hand . -The total loss of the little finger of the hand . . • • The total loss of the middle or ring finger of the hand . . The total loss of two joints of the forefinger of the right hand . . The total loss of two joints of the forefinger of the left hand . . The total loss of two joints of the little finger of the hand . . The .total loss of two joints of the middle or ring finger of the hand The total loss of a toe or of a joint of a finger . . . . Complete deafness of ono ear . . . . . . . .

Ratio of Com-pensation to

Full Componsa* Hon as for Total

Incapaolty.

100 per cent. LOO per oent. 100 per cent. > LOO per oent. 100 per oent. 100 per oent. 100 per cent. 80 per cent. 75 per oent.

70 per oent. 65 per oent. 75 per oent. 60 per oent.

75 per cent. SO per oent. 30 per oent. 30 per cent. 25 per cent. 20 per oent. 15 per oent. 15 per oent. 12J per cent. 12 per cent. 8 per oent. 12} per cent. 10 per cent. g l per cent. 04 per cent. 5 per cent. 10 per cent.

1430 WORKERS' COMPENSATION ACT 1928.

Comptntation Act fftSS (No. 3604) ». 6. Previous Injury to limt> Ac

Previous loss of sight of an •?«.

For the purposes of this Schedule-(a) the total loss of an eye or a limb hand foot finger thumb toe or joint or any

part thereof shall be deemed to include the permanent total loss of the use of suoh eye limb hand foot finger thumb toe joint or par t ;

(6) in the case of the total loss of a limb hand foot finger thumb or toe any compen> sation previously obtained under this Act in respect of the total loss of a joint or other part of suoh limb hand foot finger thumb or toe shall be deducted from the compensation payable under this Schedule; and

(c) in the case of the loss of both eyes or an only eye any compensation previously obtained under this Act in respect of the total loss of the sight of one eye shall be deducted from the compensation payable under this Schedule.

Whero a worker suffers by the same accident more than one of the injuries mentioned in this Schedule he shall not in any case be entitled to receive more than full compensation as for total incapacity.

Suctions is, 24, 2&,

FIFTH SCHEDULE!.

Worker*' Otmpttuatb At* 1928 (No. 3004) ». 7.

rtloa

Description of DiiMM.

Anthrax •.

Lead poisoning or its sequel©

Mercury poisoning or its sequel EC

Phosphorus poisoning or its sequela

Arsenio poisoning or its sequels

Septic poisoning arising from the handling of meat or meat produots or its sequela

Chrome ulceration or its sequel®

Subcutaneous cellulitis or aouto bursitis arising at or about the knee (Beat Knee)

Subcutaneous cellulitis or acute bursitis over the elbow (Beat Elbow)

Description of Procen.

/Wool combing J Wool sorting | Handling of hides, skins, wool, hair, bristles, and oar-*• oasses

Any manufacturing or other prooess involving the use of lead or its preparations or compounds

Any manufacturing prQcess involving the use of mercury or its preparations or compounds

Any manufacturing process involving the use of phos-phorus or its preparations or compounds

Any manufacturing process involving the use of arsenic or its preparations or compounds

Any work involving the handling of meat or the manufacture of meat produots or animal by-products in connexion with the trade of a butcher or slaughter-man

Any process involving the use of chromic acid or bichromate of ammonium, potassium or sodium or their preparations

Mining

Mining

WORKERS' DWELLINGS. [See Local Government Act 1928. 8

WORKERS' COMPENSATION ACT 1928.1406 COMPENSATION ACT 1928. [19 GEO. V. Worker? Omjnmmtton Act WIS....

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Transcript of WORKERS' COMPENSATION ACT 1928.1406 COMPENSATION ACT 1928. [19 GEO. V. Worker? Omjnmmtton Act WIS....