COMMONWEALTH EMPLOYEES’ COMPENSATION.

No. 8 of 1944.

An Act to amend the Commonwealth Employees’ Compensation Act 1930.

[Assented to 3rd April, 1944.]

[Date of commencement, 1st May, 1944.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Employees’ Compensation Act 1944.

(2.) The Commonwealth Employees’ Compensation Act 1930 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Compensation Act 1930–1944.

Definitions.

2. Section four of the Principal Act is amended—

(a) by inserting, before the definition of “Commissioner”, the following definition:—

“‘Australia’ includes the Territories of the Commonwealth;”;

(b) by omitting the definition of “Commonwealth”;

(c) by inserting in the definition of “Dependants”, after the word “dependent” (second occurring), the words “,and includes a person so dependent to whom the employee stands in loco parentis or a person so dependent who stands in loco parentis to the employee”;

(d) by omitting from paragraph (a) of the definition of “Employee” the word “or”;

(e) by adding at the end of that definition the following paragraph:—

“or (c) any officer or employee of the Public Service of a Territory of the Commonwealth;”; and

(f) by inserting, after the definition of “Employee”, the following definition:—

“‘Medical, surgical and hospital treatment’ includes—

(a) treatment by a duly qualified medical practitioner, a registered dentist or a masseur;

(b) the provision of skiagrams, crutches, artificial members and artificial replacements;

(c) treatment and maintenance as a patient at a hospital; and

(d) nursing attendance, medicines, medical and surgical supplies and curative apparatus supplied or provided in a hospital or otherwise;”.

3. After section four of the Principal Act, the following section is inserted:—

Application of Act.

“4a. This Act shall apply to and in relation to any employee in any part of Australia.”.

Compensation for personal injuries to employees.

4. Section nine of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “employment”, the words “by the Commonwealth”;

(b) by omitting from paragraph (c) of the proviso to that sub-section the words “medical attendance” and inserting in their stead the words “medical, surgical and hospital treatment”; and

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Any payment to an injured employee made under an insurance policy privately effected by the employee or made by a friendly society, by way of compensation or medical or disablement benefits, shall not be deemed to be compensation or payment in respect of the injury within the meaning of sub-section (1.) of this section.”.

5. After section nine of the Principal Act, the following section is inserted:—

Injury while travelling to or from work.

“9a.—(1.) Where personal injury by accident is caused to an employee while he is travelling to or from work, or while he is attending any trade, technical or other training school which he is required by the terms of his employment by the Commonwealth, or is expected by

the Commonwealth to attend, the Commonwealth shall, subject to this Act, be liable to pay to the employee or his dependants compensation in accordance with this Act as if the accident were an accident arising out of and in the course of his employment.

“(2.) In this section, ‘travelling to or from work’ means travelling between the employee’s place of abode and place of employment by the Commonwealth and between either of those places and any trade, technical or other training school which he is required by the terms of his employment by the Commonwealth, or is expected by the Commonwealth, to attend, but does not include travelling during or after any substantial interruption of, or substantial deviation from the shortest convenient route for, any such journey, made for a reason unconnected with his employment or unconnected with his attendance at the trade, technical or other school, as the case may be.”.

6. Section ten of the Principal Act is amended by adding at the end of sub-section (1.) the following proviso:—

Compensation to employee affected by or dying from certain industrial diseases.

“Provided that that liability shall extend in relation to any employee who has contracted epithelioma of the skin or pneumoconiosis, if the Commissioner, after full inquiry, is satisfied that the disease was caused by employment by the Commonwealth within any period not exceeding fifteen years prior to the date of the incapacity.”.

7. Section eleven of the Principal Act is repealed and the following section inserted in its stead:—

Medical, &c, benefits.

“11.—(1.) Where any compensation is payable by the Commonwealth under this Act to, or in respect of, an employee, or where, but for the fact that the employee is not incapacitated for work, compensation would be so payable, the Commonwealth shall, subject to the next succeeding sub-section, pay the cost of such medical, surgical and hospital treatment in relation to the injury as is, in the opinion of the Commissioner, reasonably necessary.

“(2.) The sum for which the Commonwealth shall be liable in respect of the medical, surgical and hospital treatment of an employee shall be such sum as the Commissioner considers reasonably appropriate to the treatment afforded, having regard to the customary charge made in the community for such treatment, but shall not in any case exceed One hundred pounds.

“(3.) Where any compensation is payable by the Commonwealth under this Act to, or in respect of, an employee, any payment in pursuance of this section shall be in addition to that compensation.”.

Compensation for certain Injuries.

8. Section twelve of the Principal Act is amended—

(a) by inserting, before the word “Where”, the words “Subject to this Act,”; and

(b) by adding at the end thereof the following sub-sections:—

“(2.) Where an employee habitually uses his left hand and arm to perform work usually performed by an employee with his right hand and arm, the compensation payable to the first-mentioned employee under this section shall be—

(a) for the loss of his left arm or any part thereof— the amount which would have been payable to an employee for a similar loss in respect of his right arm or the corresponding part thereof; and

(b) for the loss of his right arm or any part thereof—the amount which would have been payable to an employee for a similar loss in respect of his left arm or the corresponding part thereof.

“(3.) Where an employee sustains an injury which causes the loss of the sight of both eyes or of an only useful eye, any compensation previously paid under this Act in respect of the loss of the sight of one eye shall be deducted from the compensation payable under this section.

“(4.) Where an employee sustains an injury which causes partial and permanent loss of the sight of one eye, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of the sight of one eye as is equal to the percentage of the diminution of sight.

“(5.) Where an employee sustains an injury which causes partial and permanent loss of the efficient use of a part of the body specified in the Third Schedule to this Act in and for the purposes of his employment at the date of the injury, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of that part as is equal to the percentage of the diminution of the efficient use of that part.

“(6.) For the purposes of this section and of the Third Schedule to this Act, the loss of a specified part of the body shall be deemed to include—

(a) the permanent loss of the use of that part; and

(b) the permanent loss of the efficient use of that part in and for the purposes of his employment at the date of the injury.”.

Maximum compensation

9. Section thirteen of the Principal Act is amended by omitting the words “Seven hundred and fifty” and inserting in their stead the words “One thousand”.

Medical examinations.

10. Section nineteen of the Principal Act is amended by inserting after sub-section (4.) the following sub-section:—

“(4a.) Where a medical board consists of more than two medical referees, a certificate given by the majority of the board shall be deemed to be the certificate of the board.”.

Regulations.

11. Section twenty-three of the Principal Act is amended by omitting the words “medical treatment” and inserting in their stead the words “medical, surgical and hospital treatment”.

Amendment of the First Schedule.

12. The First Schedule to the Act is amended—

(a) by omitting from clause (i) of sub-paragraph (a) of paragraph (1.) the words “one hundred and fifty-six” and inserting in their stead the words “two hundred and eight”;

(b) by omitting from that clause the words “Seven hundred and fifty” and inserting in their stead the words “Eight hundred”:

(c) by inserting after that clause the following clause:—

‘‘(1a) in addition to any amount payable under the preceding clause, an amount of Twenty-five pounds in respect of each child who is under the age of sixteen years and who was totally or mainly dependent upon the employee at the date of the injury;”;

(d) by omitting sub-paragraphs (b) and (c) of that paragraph and inserting in their stead the following sub-paragraphs:—

“(b) where total or partial incapacity for work results from the injury a weekly payment during the incapacity not exceeding two-thirds of the employee’s weekly pay at the date of the injury, but not exceeding in any case Three pounds:

Provided that, with respect to the weekly payments during total incapacity of an employee who is under the age of twenty-one years at the date of the injury and whose weekly pay is less than Thirty shillings, one hundred per centum shall be substituted for two-thirds of his weekly pay, but the weekly payment shall not in any case exceed One pound; and

(c) where total incapacity for work results from the injury, there shall be added to any amount payable under sub-paragraph (b) of this Schedule—

(i) an amount of One pound per week in respect of—

(1) the wife of the employee; or

(2) if he has no wife, or if compensation is not payable in respect of his wife, one female who has attained the age of twenty-one

years and is caring for any child of the employee under the age of sixteen years, or who is a member of the employee’s family and is over the age of sixteen years,

if she was totally or mainly dependent on the employee at the date of the injury; and

(ii) an amount of Eight shillings and sixpence per week in respect of each child who, at the date of the injury, was under the age of sixteen years and totally or mainly dependent upon the employee and who, being under the age of sixteen years, remains so dependent.”;

(e) by inserting after paragraph (1.) the following paragraphs:—

“(1a.) Notwithstanding anything contained in sub-paragraphs (b) and (c) of paragraph (1.) of this Schedule, no payment shall be made thereunder which will be in excess of the amount of the weekly pay of the employee at the date of the injury.

“(1b.) The amount of any endowment under the Child Endowment Act 1941–1942 received by an employee or a dependant shall not be taken into account in determining, for the purposes of this Schedule, whether or not any child in respect of whom the endowment is received is or was totally or mainly dependent on the employee.”;

(f) by omitting paragraph (2.) and inserting in its stead the following paragraphs:—

“(2.) For the purposes of this Schedule, ‘pay’ means the salary or wages of the employee, and includes—

(a) where the employee was engaged in part-time work for the Commonwealth, his earnings from any other employment; and

(b) unless otherwise prescribed, any allowance payable to the employee in respect of his employment,

but, subject to the regulations, does not include any allowance which is intermittent or which is payable in respect of special expenses incurred or likely to be incurred. by the employee in respect of his employment.”;

(g) by inserting in paragraph (3.), after the word “benefit”, the symbols and words “(except any endowment under the Child Endowment Act 1941–1942 and any pension or allowance in respect of any child dependent on the employee)”;

(h) by omitting from the proviso to paragraph (5.) the words “expenses of medical attendance and” and inserting in their stead the words “cost of medical, surgical and hospital treatment and the expenses of”; and

(i) by omitting paragraph. (7.) and inserting in its stead the following paragraph:—

“(7.) Where any person under any legal disability is entitled to any amount of compensation under this Act in the form of a lump sum, that amount may be paid to such trustee or trustees as the Commissioner appoints and the amount so paid shall be held for the benefit of the person entitled thereto upon such trusts as the Commissioner approves.”.

Second and Third Schedules.

13. The Principal Act is amended by omitting the Second and Third Schedules thereto and inserting in their stead the following Schedules:—

“THE SECOND SCHEDULE. Section 10.

Industrial Diseases.

“THE SECOND SCHEDULE—continued.

Industrial Diseases—continued.

THE THIRD SCHEDULE.

Section 12.

Compensation for Specified Injuries.