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

  • 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 extent thereby expressed to be repealed are hereby repealed.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.

    file:///Yorkers

  • 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

  • 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 out- worker, 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

  • 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

  • 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 i