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 HE WORKERS' COMPENSATION 1CTS, 1916 TO 1918. 
 
 6 Geo V. No. 35 ; 7 Geo-. V. No. 26 ; and 9 Geo. V. No. 21 
 
 Short title 
 and com- 
 mencement 
 of Act. 
 5 Edw. VII. 
 No. 26, s. 1. 
 Va. 1914, 
 No. 2496, 
 e.l. 
 
 ji Act to Amend the Law with respect to Compen- 
 sation to Disabled Workers. 
 
 [ASSENTED TO 5TH JANUARY, 1916.] 
 
 E it enacted by the King's Most Excellent 
 Majesty, by and with the advice and consent of 
 
 Legislative Council and Legislative Assembly of 
 Jueensland in Parliament assembled, and by the 
 tuthority of the same, as follows: 
 
 1. (1.) This Act may be cited as "The Workers' 
 Compensation Act of 1916." 
 
 (2.) This Act shall come into operation on a day 
 ;o be proclaimed by the Governor in Council and 
 mblished in the Gazette. 
 
 (3.) Such Proclamation shall not be made until 
 :he Insurance Commissioner is prepared to grant and 
 Issue accident insurance policies for the purposes of 
 :his Act. 
 
 2. *"The Workers' Compensation Act of 1905 "Repeal, 
 ind ^ u The Workers' Compensation Act Amendment 
 
 .ct of 1909" and y'The Employers' Liability Acts, 
 L886 to 1888," are repealed. 
 
 Any scheme of compensation approved by the 
 L overnor in Council under section twelve of *"The 
 r orkers' Compensation Act of 1905," and in respect 
 which a certificate under that section is in force 
 it the commencement of this Act, shall on the com- 
 tencement of this Act cease to have any force or 
 effect, and the said certificate shall be deemed to be 
 evoked ; whereupon the provisions of the said section 
 LS to the distribution of the moneys and securities held 
 :or the purpose of the said scheme shall have effect 
 ind be observed. 
 
 * 5 Edw. VII. No. 26. 
 t 9 Edw. VII. No. 16. 
 t 50 Vic. No. 24 and 52 Vic. No. 3. 
 
s. 3. 
 
 LABOUR. 
 
 Interpreta- 
 tion. 
 
 5 Edw. VII. 
 No. 26, s. 2. 
 S.A. 1911, 
 No. 1053, 
 s. 4. 
 
 Va. 1914, 
 No. 2496, 
 BS. 2, 17. 
 
 Accident 
 insurance. 
 
 ** * , * i 
 WorMrg' 'Compensation Acts (Consolidated). 
 
 3. (1.) In this Act, unless the context otherwise 
 indicates, the following terms have the meanings set 
 against them respectively, that is to say: 
 
 Accident insurance ' ' Insurance against 
 liability in relation to workers' compensa- 
 tion under this Act ; 
 
 Dependants. 
 
 Employer. 
 
 Fund. 
 
 'Dependants" Such members of the workers' 
 family as were wholly or in part dependent 
 upon the earnings of the worker at the time 
 of his death, or would but for the incapacity 
 due to the accident have been so dependent, 
 and as are resident in the Commonwealth 
 of Australia, or the Dominion of New 
 Zealand, or in any part of the dominions 
 of the Crown to which the benefits of this 
 Act in favour of dependants residing 
 therein have been extended as hereinafter 
 provided ; 
 
 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, the term 
 includes such a child born out of wedlock 
 and parent or grandparent respectively; 
 
 ; Employer" includes persons, firms, institu- 
 tions, associations, clubs, societies, com- 
 panies, and corporations employing 
 workers, and the legal personal repre- 
 sentatives of a deceased employer: Where 
 the services of a worker are " temporarily 
 lent 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 is for the purposes of this Act 
 deemed to continue to be the employer of 
 the worker whilst he is working for that 
 other person; 
 
 : Fund" The State Accident Insurance Fund 
 created by this Act ; 
 
LABOUR. s. 3. 
 
 Workers' Compensation Acts (Consolidated). 
 
 6 ' Government Department ' ' includes any Government 
 Government Department heretofore or Department, 
 hereafter created, and also the Commis- 
 sioner for Railways and the Corporation 
 of "The Treasurer" created under and for 
 the purposes of the laws relating to sugar 
 works ; 
 
 *' ' Industrial magistrate ' ' An industrial industrial 
 magistrate appointed under $"The Indus- ma ? istrate - 
 trial Arbitration Act of 1916"; 
 
 "Insurance Commissioner"- The Insurance insurance 
 Commissioner appointed under this Act; SSS?. 18 " 
 
 "Insurer" means any company, firm, associa- insurer, 
 tion, or person approved of by the Governor 
 in Council as an insurer for the purpose of 
 this Act; 
 
 "Medical practitioner" A duly qualified and Medical 
 registered medical practitioner; practitioner. 
 
 ' ' Medical referee ' ' A medical practitioner Medical 
 appointed under this Act to act as a medical referee - 
 referee ; 
 
 "Member of a family" -Wife or husband, 
 father, mother, grandfather, grandmother, 
 step-father, step-mother, son, daughter, 
 grandson, granddaughter, step-son, step- 
 daughter, brother, sister, half-brother, half- 
 sister: the term includes any person who 
 stands in loco parentis to another person 
 and also that other person ; 
 
 *" Person" includes bodies corporate or unin- Person, 
 corporate as well as individuals; 
 
 "Place of employment"- The premises, works, PI** of^ 
 plant, or place for the time being occupied 61 
 by or under the control or management of 
 the employer by whom the worker con- 
 cerned is employed, and on or at or in 
 connection with which the worker was 
 working at the time of the accident; 
 
 "Port" includes place or harbour; Port - 
 
 ^"Prescribed" Prescribed by this Act; Prescribed. 
 
 * Definition inserted by section 2 of the Amendment Act of 1918. 
 t 7 G'eo. V. No. 16. 
 
s.3. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 Queensland 
 ship. 
 
 . . 
 
 Regulations. 
 Seaman. 
 
 This Act. 
 
 Uninsured 
 worker. 
 
 Worker. 
 
 Queensland ship" Any ship, vessel, boat, or 
 
 other craft which is 
 (a) Registered in this State ; or 
 (6) Owned by a body corporate established 
 under the laws of Queensland or having 
 its principal office or place of business 
 in Queensland; or in the possession of 
 any such body corporate by virtue of a 
 charter; or 
 
 (c) Owned by any person or body corporate 
 whose chief office or place of business in 
 respect of the management of such ship 
 is in Queensland ; or 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 Queensland; or in the 
 possession of the Crown in that respect 
 by virtue of a charter ; 
 
 " Regulations "-Regulations made under the 
 authority of this Act; 
 
 "Seaman" A worker employed as a master, 
 officer, seaman, apprentice, or in any other 
 capacity whatever on board a Queensland 
 ship by the owner or charterer thereof ; 
 
 "This Act" This Act and all Orders in Council 
 and regulations made thereunder; 
 
 *" Uninsured worker" A worker who is not 
 insured or deemed to be insured by a policy ; 
 "Worker "---Any person (including a domestic 
 servant) who has entered into or works 
 under a contract of service or apprentice- 
 ship tor otherwise with an employer, 
 whether by way of manual labour, clerical 
 work, or otherwise, and whether the con- 
 tract is expressed or implied or is oral or 
 in writing: the term does not include 
 (a) A person employed whose remuneration 
 exceeds four hundred pounds a year; or 
 (6) A person whose employment is of a 
 casual nature, and is not for the purposes 
 
 * Definition inserted by section 2 of the Amendment Act of 1918. 
 t Words "or otherwise" inserted by section 2 of the Amendment Act 
 of 1918. 
 
LABOUR. S. 3. 
 
 Workers ' Compensation Acts (Consolidated}. 
 
 of the employer's trade or business, 
 unless he is specially insured under or is 
 covered by a policy of accident insurance 
 under this Act; or 
 
 (c) A member of the Police Force; or 
 
 (d) A contributor under *"The Public 
 Service Superannuation Act of 1912"; or 
 
 (e) A member of the employer's family 
 dwelling in his house; or 
 
 f(/) A salesman, canvasser, collector, or any 
 person in receipt of commission. 
 
 J(2.) Where a contract to perform any work 
 exceeding five pounds in value (not being work 
 incidental to a trade or business regularly carried on 
 by the contractor in his own name or under a firm 
 name)' is made with a contractor who 
 
 (a) Neither sublets the contract nor employs 
 
 wages-men; or 
 
 (&) Though employing wages-men, actually 
 performs any part of the work himself, 
 
 such contractor and also such wages-men so employed 
 shall for the purposes of this Act be deemed to be 
 workers employed by the person who made such 
 contract with such contractor: 
 
 Provided that such contractor and wages-men 
 shall be deemed to be covered by the subsisting policy 
 held by the person who made such contract : 
 
 Provided further that this subsection shall not 
 apply to salesmen, canvassers, collectors, or any person 
 in receipt of commission. 
 
 (3.) Every tributer working in connection with Tribute^. 
 any mine, as defined by u The Mines Regulation Act 
 of 1910," and also any wages-men employed by any 
 such tributer, shall, for the purposes of this Act, be 
 deemed to be workers employed by the person with 
 whom the tribute agreement was made by the tributer. 
 
 || (3A.) Any jockey engaged in any horse or pony 
 race run under the management of any racing club or 
 
 *3 Geo. vTNo, 28. 
 
 t Paragraph inserted by section 2 of the Amendment Act of 1918. 
 + Original subsection repealed and new subsection inserted by section 2 
 of the Amendment Act of 1918. 
 1 Geo. V. No. 24. 
 || Subsection inserted by section 2 of the Amendment Act of 1918. 
 
S. 3. LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 association shall for the purposes of this Act be 
 deemed to be a worker employed by such club or 
 association. 
 
 Reference to (4.) Any reference to a worker who has been 
 
 injured, where the worker is dead, includes a reference 
 to* his legal personal representative or to his 
 dependants or other person to whom or for whose 
 benefit compensation is payable. 
 
 Earnings and (5^ jT or the purposes of the provisions of this 
 weeSf 6 Act relating to "earnings" and " average weekly 
 Va. n i9f4 S ,' earnings" of a worker, the following rules shall be 
 NO 2496', observed : 
 
 Sen. 1. e>. 
 
 (a) Average weekly earnings shall be computed 
 in such manner as is best calculated to give 
 the rate per week at which the worker was 
 being remunerated; 
 
 (6) In computing average weekly earnings 
 there may be taken into consideration 
 amounts paid by way of overtime, but not 
 any sums which the employer has been 
 accustomed to pay to the worker to cover 
 any special expenses entailed on him by 
 the nature of his employment; 
 
 (c) Where by reason of the shortness of time 
 during which the worker has been in the 
 employment of his employer, or the terms 
 of the employment, it is impracticable at 
 the date of the accident to compute the 
 rate of remuneration, regard shall 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 
 
 i same grade employed in the same class of 
 
 employment and in the same district ; 
 
 (d) Where the worker had entered into con- 
 current contracts of service with two or 
 more employers under which he worked at 
 one time for one such employer and at 
 another time for another such employer, his 
 average weekly earnings shall be computed 
 as if his earnings under all such contracts 
 
LABOUR. s. 4. 
 
 Workers' Compensation Acts (Consolidated). 
 
 were earnings in the employment of the 
 employer for whom he was working at the 
 date of the accident. 
 
 4. (1.) For the purpose of enabling employers to state 
 obtain from the State policies of accident insurance 
 and for the purpose of doing all such things as are 
 incidental or conducive to the carrying out of accident NO. 2496', 
 insurance, a State Accident Insurance Office shall be ss- 32> 34 - 
 constituted. 
 
 Policies of accident insurance issued by the 
 Insurance Commissioner shall primarily be confined 
 to liability to pay compensation under this Act; 
 Provided that the regulations may empower the 
 Insurance Commissioner to issue policies covering 
 liability in relation to compensation or damages under 
 any other Act, or at common law or otherwise, and 
 may prescribe all such conditions and provisions as 
 wilt enable the Insurance Commissioner to effectively 
 carry out accident insurance business under such 
 extended policies. For the purposes of this Act, all 
 legal proceedings may be brought by or against the 
 Insurance Commissioner in his official name. 
 
 (2.) The State Accident Insurance Office shall be insurance 
 managed and controlled by an officer from time to 
 time appointed by the Governor in Council, and called 
 "The Insurance Commissioner." 
 
 (3.) The Governor in Council may from time to Deputy 
 time 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 such Commissioner and so long as such vacancy 
 continues. 
 
 (4.) The Governor in Council may also from time officers. 
 to time appoint or employ such other actuaries, agents, 
 inspectors, supervisors, officers, medical practitioners, 
 and other persons as may be necessary for the purposes 
 of the State Accident Insurance Office. 
 
 *(5.) The Governor in Council may appoint any Medical 
 medical practitioners to be medical referees for the referees ' 
 purposes of this Act. 
 
 * Subsection 5 repealed and subsection 6 renumbered 5 by section 3 of 
 the Amendment Act of 1918. 
 
SS. 5-7. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 State 
 Accident 
 Insurance 
 Fund. 
 
 5. (1.) There is hereby created a fund to be called 
 the " State Accident Insurance Fund." 
 
 All premiums and other moneys received by the 
 Insurance Commissioner under this Act shall be paid 
 into the fund. 
 
 All payments in respect of policies or of the 
 administration of State accident insurance business 
 shall be payable out of the fund. 
 
 . The salaries, wages, or allowances of any officers 
 or employees of the Public Service who are employed 
 in such business shall, if paid out of the Consolidated 
 Revenue, be recouped from the fund. 
 
 (2.) There is hereby appropriated out of the 
 Consolidated Revenue, as and by way of grant to the 
 fund, the sum of twenty thousand pounds. 
 
 6. (1.) Every policy issued by or for the 
 Insurance Commissioner shall be issued on behalf of 
 and is hereby guaranteed by the Government of 
 Queensland. 
 
 Payment (2.) Such sum as the Treasurer may at any time 
 
 consolidated certify to be required to secure any payment legally 
 Revenue if p a y a bi e under and pursuant to a State Accident 
 
 Grant of 
 20,000. 
 
 Accident 
 policies 
 guaranteed 
 by State. 
 
 necessary. 
 
 Insurance policy, so far only as the same cannot be 
 paid out of the fund, is hereby appropriated out of the 
 Consolidated Revenue Fund. 
 
 inurance 
 
 company, 
 
 carry on 
 business of 
 Accident 
 Insurance. 
 
 sum so appropriated shall be deemed to be 
 an advance to the fund, and shall remain a charge 
 thereon, to be recouped when moneys are available. 
 
 7. (1.) The Governor in Council mav approve 
 
 nrm, &c., to , *i i /- . . , 
 
 tnat any company, firm, association, or person (herein- 
 after called "the applicant "), which or who is carrying- 
 on in Queensland at the time of the commencement of 
 this Act, or who may hereafter carry on, the business 
 of accident insurance, may carry on the same. Such 
 approval shall be granted upon such applicant giving 
 security to the Treasurer for the performance of his 
 obligations under any contract or policy of accident 
 insurance heretofore or hereafter to be made or issued 
 by him. 
 
 (2.) Such security shall be given by the deposit 
 with the Treasurer in cash of a sum of five thousand 
 pounds or such less sum as the Treasurer mav fix. 
 
LABOUR. ss. 8, 9. 
 
 Workers' Compensation Acts (Consolidated). 
 
 (3.) On the making of such deposit, the Governor 
 in Council shall grant to the applicant a certificate to 
 the effect that such deposit has been made, and that 
 the Governor in Council has approved that the 
 applicant may carry on in Queensland the business of 
 accident insurance. 
 
 (4.) If the applicant at any time ceases to carry 
 on in Queensland the business of accident insurance, 
 and satisfies the Treasurer that he has liquidated in 
 full all his liabilities under any policy issued by him 
 in respect thereof, the amount of such deposit shall 
 be returned to him. 
 
 8. It is obligatory for every employer to obtain insurance 
 from the Insurance Commissioner a policy of accident v b a hg i9u7' 
 insurance for the full amount of the liability to pay ^ 7 2496 ' 
 compensation under this Act to all workers employed s ' 
 by him: Provided that the Insurance Commissioner 
 may,. if he thinks fit, declare by notification in the 
 Gazette that it shall be obligatory for every employer 
 to insure all persons whose employment is of a casual 
 nature, whether the employment is for the purposes 
 of the employer's trade or business or not. 
 
 Any employer who fails to comply with this p en ait y . 
 section is liable to a penalty not exceeding five pounds 
 in respect of each uninsured worker employed by him ; 
 and, after the date of any conviction for a contraven- 
 tion of this section, he shall from time to time be liable 
 to further penalties not exceeding twenty pounds for 
 every week during which he fails to comply with this 
 section. 
 
 Moreover, upon the payment of any compensation Remedy of 
 by the Insurance Commissioner under this Act in q^m ce 
 respect of an injury to a worker who was not at the sioner - 
 time of the accident covered or deemed to be covered 
 by a policy of accident insurance under this Act, the 
 full amount of compensation so paid may be recovered 
 by the Insurance Commissioner in any court of com- 
 petent jurisdiction from the employer who should have 
 insured such worker. 
 
 9. (1.) Each worker who is injured by accident, 
 whether at the place of employment or on his journey 
 to or from such place or (being in the course of his 
 employment or while under his employer's instruc- a-a 143 
 tions) away from the place of employment, or his 
 dependants in case of death of the worker, shall receive 
 
10 
 
 ss. 10-13. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 West 
 Virginia, 
 c. 10 of 1913, 
 s. 28. 
 
 Application 
 to workers 
 in employ- 
 ment of 
 Crown. 
 S.A. 1911. 
 No. 1053, 
 s. 5. 
 
 Va. 1914, 
 No. 2496, 
 s. 4. 
 
 Seamen. 
 
 Existing 
 contracts. 
 5 Edw. VII. 
 No. 26, s. 13. 
 
 Settlement 
 of claims. 
 Washington, 
 c. 74 of 1911, 
 
 8.12. 
 
 5 Edw. VII 
 No. 26, s. 5. 
 
 out of the State Accident Insurance Fund compensa- 
 tion in accordance with this Act, and except as in this 
 Act is otherwise provided such payment shall be in 
 lieu of any and all rights of action whatsoever against 
 any person whomsoever. 
 
 (2.) No compensation is payable under this Act 
 in respect of any injury which does not disable the 
 worker for a period of at least three days from earning 
 full wages at the work at which he was employed. 
 
 (3.) No compensation is payable on account of 
 any injury to or death of a worker caused by 
 an intentional self-inflicted injury. 
 
 10. This Act applies 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. 
 
 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 Minister 
 of the Crown administering the Department con- 
 cerned, be paid out of any moneys available for the 
 purpose or out of moneys specially appropriated by 
 Parliament for the purpose. 
 
 11. This Act applies in respect of an accident 
 happening to a seaman employed on a Queensland ship, 
 if the accident arises in the course of his employment, 
 and happens while the ship is in any port within 
 Queensland or is within the territorial waters of 
 Queensland. 
 
 12. This Act applies, notwithstanding any con- 
 tract to the contrary made after the commencement of 
 this Act. 
 
 Any contract existing at the commencement of 
 this Act whereby a worker relinquishes any right to 
 compensation for personal injury by accident which 
 under this Act would entitle him to compensation shall 
 on the commencement of this Act be determined. 
 
 _ 
 
 13. (1.) Applications for compensation shall be 
 allowed or rejected in the first instance by the Insur- 
 ance Commissioner; but the Insurance Commissioner, 
 on receipt of any such application, may, or any person 
 claiming compensation who objects to the ruling 
 
LABOUR S. 14. 11 
 
 Workers' Compensation Acts (Consolidated}. 
 
 thereon of the Insurance Commissioner may, by notice 
 in writing require the matter to be heard and deter- 
 mined by an industrial ^magistrate, and the applica- 
 tion shall in such case be heard and determined by such 
 ^magistrate in accordance with the regulations. 
 
 The decision of such ^magistrate shall, subject to 
 the. next succeeding subsection, be final; subject to the 
 regulations the costs of the proceedings shall be in his 
 discretion. 
 
 (2.) Either party to the proceedings before such 
 ^magistrate may appeal from his decision on any point 
 of law. 
 
 Such appeal shall be made to the Supreme Court 
 by way of special case in manner provided by ^"The 
 Justices Acts, 1886 to 1909," with respect to appeals 
 from the decisions of justices, and the provisions of 
 those Acts relating to such appeals shall, mutatis 
 mutandis, apply to appeals under this section: 
 
 Provided that the Court shall decide the points of 
 law so raised without argument, and neither party shall 
 appear or be represented before the Court. Subject 
 to the regulations, the costs of appeal shall be in the 
 discretion of the Court. 
 
 14. (1.) iExcept in the case of compensation Amount of 
 under section 14s hereof, the amount of compensation 
 under this Act shall be 
 
 (A) Where death results from the injury ^26, VIL 
 
 (i.) If the worker leaves any dependants wholly fj^vn 
 dependent upon his earnings at the time of NO. i6, s 2. 
 his death, a sum equal to his earnings in the N**2496,' 
 employment of the same employer during Scned - L L 
 the three years next preceding the injury, or 
 the sum of three hundred pounds, whichever 
 of those sums is the larger, but not exceeding 
 in any case six hundred 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 
 
 * Word " magistrate " substituted for " referee " by section 4 of the 
 Amendment Act of 1918. 
 
 t 50 Vic. No. 17 and amending Acts. 
 
 J Words from " Except " to " hereof " inserted by section 2 of the 
 Amendment Act of 1916. 
 
12 s. 14. LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 If the period of the worker's employment 
 under 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 ; 
 
 (ii.) If the worker does not leave any such 
 dependants, but leaves any dependants in 
 part dependent upon his earnings at the 
 time of his death, s,uch sum, not exceeding 
 in any case the amount payable under the 
 foregoing provisions, as is 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 fifty pounds. 
 
 Amount of (B) Where total or partial incapacity for work 
 
 oompensa- ,. ., . . 
 
 where results irom the injury 
 
 A weekly payment during the incapacity not 
 exceeding fifty per centum 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, but such weekly payment 
 shall not exceed two pounds, and the total 
 liability in respect thereof shall not exceed 
 seven hundred and fifty pounds : 
 
 Provided that when fifty per centum of 
 such average weekly earnings is less than 
 two pounds the weekly payment to a worker 
 may be increased to any sum not exceeding 
 the full amount of such average weekly 
 earnings, but not in any case exceeding two 
 
LABOUR. s. 14. 13 
 
 Workers' Compensation Acts (Consolidated). 
 
 pounds per week, if the Insurance Com- 
 missioner or industrial ^magistrate thinks 
 proper under the circumstances : 
 
 Provided further that in no case shall 
 an adult worker be entitled to receive during 
 total incapacity a less sum per week than 
 one pound, funless such worker was at 
 the date of the accident in receipt of the 
 Commonwealth old age pension or invalidity 
 allowance, in which case the amount pay- 
 able shall be ten shillings per week. 
 
 J(C.) (a) Notwithstanding the foregoing pro- 
 visions, the compensation payable for the injuries 
 mentioned in the first column of the table hereunder 
 set forth shall be the amounts indicated in the second 
 column of that table. 
 
 (&) Nothing in the said table shall limit the 
 amount of compensation payable for any such injury 
 during any period of total incapacity resulting from 
 that injury, but any sum so paid shall be deducted from 
 the compensation payable in accordance with the said 
 table. 
 
 (c) Clause nineteen of the Schedule to this Act 
 shall not apply to any payment made under this pro- 
 vision: Provided that any such payment may, by 
 agreement or by order of an industrial magistrate, he 
 invested or otherwise applied for the benefit of the 
 person entitled thereto. 
 
 (d) For the purposes of this provision, an eye or 
 foot or other member shall be deemed to be lost if it is 
 rendered permanently and wholly useless. 
 
 (0) Where a worker suffers by the same accident 
 more than one of the injuries mentioned in the said 
 table, he shall not be entitled in any case to receive 
 more than seven hundred and fifty pounds. 
 
 * Word " magistrate " substituted for " referee " by section 5 of the 
 Amendment Act of 1918. 
 
 t Words from "unless" to " week" inserted by section 5 of the Amend- 
 ment Act of 1918. 
 
 J Provisions to end of subsection inserted by section 5 of the Amendment 
 Act of 1918. 
 
14 
 
 S. 14. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 Table. 
 
 Provision as 
 to seamen. 
 Va. 1914, 
 No. 2496 
 s. 17. 
 
 Where 110 
 dependants. 
 
 Nature of Injury. 
 
 Amount 
 
 
 Payable. 
 
 
 
 
 s. d. 
 
 
 750 
 
 
 
 Loss of an only eye 
 
 I tJw 
 
 750 
 
 \J \J 
 
 
 
 Loss of both hands 
 
 750 
 
 
 
 
 750 
 
 
 
 Loss of a hand and a foot 
 
 1 *J\J 
 
 750 
 
 \J \J 
 
 
 
 Total and incurable loss of mental powers involving 
 
 
 
 inability to work 
 
 750 
 
 
 
 Total and incurable paralysis of the limbs or of mental 
 
 
 
 powers 
 
 750 
 
 
 
 Total loss of the right arm or of the greater part of the 
 
 
 
 arm 
 
 600 
 
 
 
 Total loss of the left arm or of the greater part of the 
 
 
 
 arm . . . . 
 
 562 
 
 10 
 
 Total loss of the right hand or of five fingers of the 
 
 
 
 right hand or of the lower part of the right arm . . 
 
 525 
 
 
 
 Total loss of the same for the left hand and arm 
 
 487 
 
 10 
 
 Total loss of a leg 
 
 562 
 
 10 
 
 Total loss of a foot or the lower part of the leg 
 
 450 
 
 
 
 Total loss of the sight of one eye, together with the 
 
 
 
 serious diminution of the sight of the other eye . . 
 
 562 
 
 10 
 
 Total loss of hearing 
 
 375 
 
 
 
 Complete deafness of one ear 
 
 75 
 
 
 
 Total loss of the sight of one eye 
 
 300 
 
 
 
 Total loss of the thumb of the right hand 
 
 225 
 
 
 
 Total loss of the thumb of the left hand 
 
 187 
 
 10 
 
 Total loss of the forefinger of the right hand 
 
 150 
 
 
 
 Total loss of the forefinger of the left hand 
 
 112 
 
 10 
 
 Total loss of a joint of the thumb 
 
 112 
 
 10 
 
 Total loss of the little finger of the hand 
 
 90 
 
 
 
 Total loss of the middle or ring finger of the hand . . 
 
 60 
 
 
 
 Total loss of the great toe of either foot 
 
 150 
 
 
 
 Total loss of a joint of the great toe of either foot . . 
 
 75 
 
 
 
 Total loss of any other toe or of a joint of a finger . . 
 
 37 
 
 10 
 
 The Governor in Council may from time to time, 
 by Order in Council published in the Gazette, add to 
 this table by assigning specified amounts of com- 
 pensation respectively payable for specified additional 
 injuries; and the table in force for the time being as 
 so added to shall be deemed to be the table referred to 
 in this provision. 
 
 (2.) The following provisions apply to seamen: 
 
 (i.) In the case of the death of a seaman leaving 
 no dependants, no compensation is payable 
 if the owner or charterer of the ship is, 
 under any Act in force in Queensland, liable 
 to pay the expenses of burial. 
 
LABOUR. S. 14a. 15 
 
 Workers' Compensation Acts (Consolidated). 
 
 (ii.) No weekly payments are payable in respect weekly 
 of any period during which such owner or p 
 charterer is, under any other Act in force in 
 Queensland, liable to defray the expenses of 
 maintenance of an injured seaman. 
 
 (iii.) Compensation shall be paid in full in allcompen- 
 cases notwithstanding any limitation of pa*id?n luii. 
 liability in any other law. 
 
 *14A. Subject to this Act, where a worker at the c^pensa- 
 date of death or incapacity workers 
 
 O) Has, whether before or after the first day of 
 July, one thousand nine hundred and seven- 
 teen, or partly before and partly after that di 
 date, been continuously resident in Queens- 
 land for at least one year ; and 
 (&) Was employed in any employment men- 
 tioned in the second column of the table of 
 industrial diseases hereunder set forth ; 
 and such worker 
 
 (c) Has died in consequence of any disease 
 mentioned in the first column of the said 
 table ; or 
 
 Is suffering from any such disease, and is 
 thereby incapacitated from earning full 
 wages at the work at which he was employed, 
 the worker, or in the case of death his dependants, shall 
 be entitled to compensation in accordance with this Act 
 as if the disease were a personal injury by accident 
 suffered by the worker at the place of employment 
 under section nine of this Act : 
 
 I -Table of Industrial Diseases. 
 
 Description of Disease. 
 
 Arsenic, phosphorus, lead, 
 mercury, copper, zinc, 
 or other mineral poison- 
 ing and their sequelae 
 
 Anthrax 
 
 Septic poisoning . . 
 
 Description of Employment, 
 
 Any employment involving the use or 
 handling of arsenic, phosphorus, lead, 
 mercury, copper, zinc, or other mineral 
 or their preparations or compounds. 
 
 Wool-combing ; wool-sorting ; handling of 
 hides, skins, wool, hair, bristles, or 
 carcasses. 
 
 Any work involving the handling of meat 
 or the manufacture of meat products or 
 animal by-products. 
 
 * Section inserted by section 3 of the Amendment Act of 1916. 
 t Original table repealed and new table inserted by section 6 of the 
 Amendment Act of 1918. 
 
16 
 
 s. 14b. 
 
 LABOUR. 
 
 Compensa- 
 tion on 
 workers 
 dying or 
 affected by 
 mining 
 diseases. 
 
 Workers' Compensation Acts (Consolidated). 
 
 The list of diseases and employments mentioned in 
 this table may from time to time be amended or added 
 to by the Governor in Council by Order in Council 
 published in the Gazette ; and the table in force for the 
 time being, as so amended, shall be deemed to be the 
 table referred to in this section. 
 
 *14B. (1.) Subject to this Act, where a worker 
 has, on or after the first day of January, one thousand 
 nine hundred and sixteen, been employed in Queens- 
 land in any employment mentioned in the second 
 column of the table of mining diseases hereunder set 
 forth and such worker at the date of death or 
 incapacity 
 
 (a) Has been continuously resident in Queens- 
 land during the five years immediately 
 preceding the date of death or incapacity, 
 and has been employed in any employment 
 as aforesaid for not less than three hundred 
 days during such period of five years ; or 
 
 (&) Has been resident in Queensland for not 
 less than five years out of the seven years 
 immediately preceding the date of death or 
 incapacity, and has been employed in any 
 employment as aforesaid for not less than 
 five hundred days during such period of 
 seven years ; 
 
 and such worker 
 
 (c) Has died in consequence of any disease 
 mentioned in the first column of the said 
 table, or 
 
 (d) Is suffering from any such disease and is 
 thereby incapacitated from earning full 
 wages at the work at which he was employed, 
 
 the worker, or in the case of death his dependants, shall 
 be entitled to compensation in accordance with this Act 
 as if the disease were a personal injury by accident 
 suffered by the worker at the place of employment 
 under section nine of this Act ; but the amount of com- 
 pensation payable in such case shall be the amount 
 calculated in accordance with subsection two of this 
 
 * Section inserted by section 3 of the Amendment Act of 1916, and printed 
 as amended by section 7 of the Amendment Act of 1918, which to the extent 
 mentioned is given retrospective operation. 
 
LABOUR. 
 
 s. 14b. 
 
 17 
 
 Workers' Compensation Acts (Consolidated}. 
 
 section in lieu of the amount set forth in section four- 
 teen of this Act: provided that any amount already 
 paid to or for the benefit of such worker or to or for the 
 benefit of his wife or children, and whether by the 
 Insurance Commissioner or by the Home Department, 
 shall be deducted from the total amount payable as 
 compensation under this Act : 
 
 Table of Mining Diseases. 
 
 Description of Disease. 
 
 Description of Employment. 
 
 Silicosis of the lungs; 
 
 Miner's Phthisis; Pneu- 
 
 mocoiiiosis 
 Ankylostomiasis 
 Nystagmus 
 Subcutaneous cellulitis of 
 
 the hand (beat hand) 
 Subcutaneous cellulitis 
 
 over the patella (miner's 
 
 beat knee) 
 Acute bursitis over the 
 
 elbow (miner's beat 
 
 elbow) 
 Inflammation of the 
 
 synovial lining of the 
 
 wrist joint and tendon 
 
 sheaths 
 Miners' itch 
 Copper itch 
 
 Dermatitis caused by work- 
 ing in mineralised or 
 
 acid water 
 Caisson disease 
 
 Mining, or Quarrying, or Stone crush- 
 ing or cutting. 
 
 The list of diseases and employments mentioned in 
 this table may from time to time be amended or added 
 to by the Governor in Council by Order in Council 
 published in the Gazette ; and the table in force for the 
 time being, as so amended, shall be deemed to be the 
 table referred to in this section. 
 
 (2.) The amount of compensation under subsection 
 one of this section shall be 
 
 A. Where death is the result 
 \i.) A funeral allowance not exceeding twenty 
 
 pounds ; and 
 
 (ii.) To the widow of the deceased worker the 
 sum of one pound per week ; and 
 
18 S. 14b. LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 (iii.) For each child under fourteen years of 
 age the sum of ten shillings per week until 
 the age of fourteen years is reached : 
 
 Provided that the total amount pay- 
 able shall not exceed fifty shillings per 
 week or the sum of four hundred pounds 
 in all, less any amount paid as compensa- 
 tion under provision B hereof during the 
 incapacity of the worker within ten years 
 prior to the date of death. 
 
 B. Where total or partial incapacity for work is 
 the result 
 
 (i.) To the worker a sum not exceeding one 
 pound per week during the incapacity, 
 with such necessary medical comforts 
 and medicines as the Commissioner may 
 consider reasonable ; and 
 
 (ii.) For each child under the age of fourteen 
 years a sum not exceeding ten shillings 
 per week during the incapacity of the 
 worker or until the age of fourteen is 
 reached : 
 
 Provided that the total amount pay- 
 able to any worker and his dependants 
 shall not exceed fifty shillings per week or 
 the sum of four hundred pounds in all, 
 irrespective of the period during which 
 the incapacity continues. 
 
 (3.) Where a medical practitioner (or, on appeal, 
 a medical referee) certifies that the worker's condition 
 is capable of cure or mitigation by special hospital or 
 sanatorium treatment, the Commissioner, in lieu of 
 paying to the worker the compensation provided in 
 provision B (i.) above, may arrange for the worker to 
 be removed to a hospital or sanatorium for such special 
 treatment. 
 
 (3A.) Subject to paragraphs (a) and (6) of 
 subsection one hereof, where a medical practitioner 
 certifies that a worker is suffering from silicosis of the 
 lungs, miners' phthisis, or pneumoconiosis, and his 
 certificate is confirmed by a medical referee 
 
 (a) In case of death, after holding a post- 
 mortem examination of the deceased; 
 
LABOUR. s. 14b. 19 
 
 Workers' Compensation Acts (Consolidated). 
 
 (6) In case of incapacity, after a personal 
 examination of the applicant and micro- 
 scopical and bacteriological examinations 
 of Ms sputum ; 
 
 compensation shall be payable in accordance with this 
 section. 
 
 (4.) Clause nineteen of the Schedule to this Act 
 shall not apply so as to compel the Insurance Commis- 
 sioner to redeem by a lump sum any weekly payments 
 of compensation under this section. 
 
 (5.) At any time after five years from the first day 
 of July, one thousand nine hundred and seventeen, the 
 Governor in Council, by Order in Council published in 
 the Gazette, may increase the scale of compensation set 
 forth in subsection two of this section to such extent as 
 he thinks proper, not exceeding the amount of compen- 
 sation provided in section fourteen of this Act for cases 
 of death or disablement by accident. 
 
 (6.) Subject to the next succeeding provision, pay- 
 ments of compensation under this section shall be made 
 out of the Fund : 
 
 Provided that during the period of five years com- 
 mencing the first day of July, one thousand nine 
 hundred and eighteen, an amount in each year equal f o 
 one-third of the total cost of compensation under this 
 section in respect of claims arising during each year and 
 one-third of the annual cost of administration of the 
 provisions of this section, to be apportioned and certi- 
 fied to by the Insurance Commissioner, shall be paid out 
 of and borne by the ordinary Workers' Compensation 
 Account of the Fund in aid of the Miners' Phthisis 
 Account of the Fund. But the total amount so to be 
 paid out of the ordinary Workers' Compensation 
 Account of the Fund in each of the years 1918-19 and 
 1919-20 shall not exceed ten thousand pounds annually, 
 and in each of the years 1920-21, 1921-22, and 1922-23 
 shall not exceed five thousand pounds annually, unless 
 the Governor in Council in respect of any such year 
 directs that a larger amount than ten thousand pounds 
 or five thousand pounds, as the case may be, shall be so 
 paid and borne. 
 
20 
 
 ss. 14c, 15. 
 
 LABOUR. 
 
 Saving. 
 
 Procedure, 
 
 &c. 
 
 Schedule 
 
 Workers' Compensation Acts (Consolidated). 
 
 (7.) The Insurance Commissioner may, after the 
 first day of July, one thousand nine hundred and seven- 
 teen, charge such additional premiums on State accident 
 insurance policies issued under this Act to employers in 
 the employments mentioned in the second column of the 
 table in subsection one hereof as he may find necessary 
 towards providing the compensation payable under this 
 section and the cost of administration of the provisions 
 thereof, after crediting the Miners' Phthisis Account 
 of the Fund with the amount contributed thereto, 
 during the years mentioned in the last preceding 
 subsection hereof, out of the ordinary Workers ' 
 Compensation Account of the Fund as provided by the 
 said subsection. 
 
 (8.) A worker coming to Queensland on or after 
 the first day of October, one thousand nine hundred and 
 eighteen, shall not be entitled to benefit under this 
 section of this Act until he has lodged with the 
 Insurance Commissioner a certificate from a medical 
 referee appointed under this Act certifying him to be 
 free from pulmonary tuberculosis and from all the 
 diseases mentioned in the first column of the above 
 table. 
 
 *14c. Nothing in section 14A or section MB of this 
 Act shall affect the rights of a worker to receive com- 
 pensation in respect of a disease to which those sections 
 do not apply if such disease is a personal injury by 
 accident within the meaning of section nine of this Act. 
 
 15. The provisions set forth in the Schedule to 
 this Act shall be applicable to the business of State 
 accident insurance and to proceedings for and conse- 
 quent upon the recoverv of compensation under this 
 Act. 
 
 Such provisions may from time to time be amended 
 or added to by the Governor in Council by Order in 
 Council published in the Gazette. 
 
 Any such Order in Council shall be laid before 
 both Houses of Parliament. 
 
 If either House of Parliament within the next 
 forty days after any such Order in Council has been 
 laid before such House resolves that such Order in 
 Council ought to be annulled, the same shall, after the 
 date of such resolution, be of no effect. 
 
 
 
 Section inserted by section 3 of the Amendment Act of 1916 
 
LABOUR. ss. 16-18. 21 
 
 Workers' Compensation Acts (Consolidated). 
 
 16. (1.) Nothing in this Act shall affect any civil when worker 
 liability of the employer when the iniury was caused ^^j , 
 
 i 11 -, i. ' '-ini n .j-i -i uepetraent 
 
 by the personal negligence or wiliul act 01 the employer proceedings. 
 or of some person for whose act or default the employer No. d 26, 1"' 
 is responsible, or was such as to give a right to recover. "^ ^ 
 compensation under the laws relating to mining. s. 5! 
 
 In such case the worker may at his option either 
 obtain compensation under this Act or take proceed- 
 ings independently of this Act, but the worker is not 
 entitled to compensation under this Act if he has 
 obtained judgment against the employer independently 
 of this Act. 
 
 (2.) If compensation has already been recovered 
 by the claimant in respect of the injury under any law 
 of the United Kingdom, or of the Commonwealth of 
 Australia, or of any other part of His Majesty's 
 dominions, compensation under this Act shall not be 
 allowed to the claimant. 
 
 No person having a right to such a claim under 
 any such law shall apply for compensation under this 
 Act, unless he makes a statutory declaration that he 
 has not claimed, and covenants with the Insurance 
 Commissioner that he will not claim, compensation for 
 the injury under any such law. 
 
 17. It is not lawful for any employer or any person Deductions 
 on his behalf to directly or indirectly take or receive wlSw, &c., 
 any money from any worker, whether by way of deduc- ^w^vii 
 tion from wages or otherwise howsoever, in respect of NO. 25, s. 14. 
 any liability under this Act or to pay damages indepen- 
 dently of this Act. 
 
 All money so taken or received as aforesaid from 
 any worker, whether with the consent of such worker 
 or not, may by him be recovered as a debt from the 
 employer, or person who took or received it. 
 
 18. Where the Governor in Council is satisfied that Reciprocal 
 by the laws of any other country within the dominions oFAct ati u 
 of the Crown outside the Commonwealth of Australia ??^ land 
 and the Dominion of New Zealand compensation for N U z en i9o? ' ^ 
 accidents is payable to the relatives of a deceased No< 248> s ' 53 ' 
 worker, although they are resident in Queensland, he 
 
 may, by Order in Council, declare that dependants resi- 
 dent in that country shall have the same rights and 
 remedies under this Act as if resident in Queensland. 
 
22 
 
 SS. 19, 20. 
 
 LABOUR. 
 
 Appropria- 
 tion of 
 penalties. 
 
 Regulations. 
 
 Workers' Compensation Acts (Consolidated). 
 
 jurisdiction 19. (1.) Complaints for offences against or for 
 
 of justices. f a ii ure to comply with this Act shall be heard and 
 
 determined in a summary way under *"The Justices 
 
 Acts, 1886 to 1909." 
 
 (2.) All penalties recovered under this Act shall 
 be paid into the Fund. 
 
 (3.) Any such complaint may be instituted by the 
 Insurance Commissioner within six months after the 
 fact of the commission of the offence against or failure 
 of compliance with this Act came to the knowledge of 
 the Insurance Commissioner. 
 
 20. (1.) The Governor in Council may from time 
 to time make all such regulations as he deems neces- 
 sary or convenient in order to give full effect to the 
 provisions and intention of this Act. 
 
 (2.) Without limiting the generality of the fore- 
 going provision, such regulations may 
 
 (i.) Direct the use of tables fixing and, if neces- 
 sary, varying the rates of premium to be 
 charged in connection with State accident 
 insurance contracts, and provide special 
 rates for workers specially liable to accident 
 by reason of their age or any physical or 
 mental infirmity or incapacity, or for 
 workers in some particular occupation 
 where the risk in the individual case is 
 greater than that usually involved in such 
 occupation: Provided that the Insurance 
 Commissioner may fix the premium in the 
 case of any such accident insurance contract 
 not provided for in the said tables ; 
 (ii.) Prescribe conditions or provisions to be 
 contained or implied in State accident insur- 
 ance contracts, and define the nature and 
 extent of the risks to be covered by such 
 contracts : 
 
 (iii.) Prescribe bases for the fixing of compensa- 
 tion where practicable, taking age, debility, 
 infirmity, or any other factor into con- 
 sideration ; 
 
 (iv.) Provide generally for the proper conduct of 
 State accident insurance business ; 
 
 * 50 Vio. No. 17 and amending Aote. 
 
LABOUR. 8. 20. 28 
 
 Workers' Compensation Acts (Consolidated). 
 
 (v.) Prescribe the duties of and fees to be 
 paid to medical referees and other medical 
 practitioners under this Act ; 
 (vi.) Empower the Insurance Commissioner 
 (a) To review and, if he deems it just, to 
 reduce the charges made by any medical 
 practitioner or other person in respect of 
 medical or surgical attendance on or treat- 
 ment of injured workers ; 
 (&) To enter into arrangements or agreements 
 with medical practitioners and hospitals 
 or other institutions for providing medical 
 and surgical attendance, treatment, and 
 aid to injured workers out of the compen- 
 sation payable to such workers ; 
 (vii.) Require insurance companies which at the 
 passing of this Act are carrying on in 
 Queensland the business of accident insur- 
 ance to furnish to the Insurance Commis- 
 sioner such returns as may be prescribed 
 relating to the business of accident 
 insurance ; 
 
 (viii.) Limit the amount of costs recoverable in 
 proceedings under this Act; prescribe the 
 method of recovery of costs. 
 
 The regulations may impose a penalty not 
 exceeding twenty pounds for any breach thereof. 
 
 Any such regulations may provide that the same 
 shall come into force immediately on the publication 
 thereof, notwithstanding that this Act has not been 
 proclaimed to be in operation. 
 
 (3.) Regulations *or Orders in Council made in 
 pursuance of this Act shall be published in the Gazette, 
 and shall thereupon be read as one with this Act and be 
 of equal validity. 
 
 Any such regulations *or Orders in Council shall 
 be laid bef ore both Houses of Parliament. 
 
 If either House of Parliament, within the next 
 forty days after any regulations *or Orders in Council 
 have been so laid before such House, resolves that such 
 regulations *or Orders in Council or any of them ought 
 to be annulled, the same shall, after the date of such 
 resolution, be of no effect. 
 
 * Words " or Orders in Council " inserted by section 8 of the Amendment 
 Act of 1918. 
 
Sch.ss. 1-4. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 Delegation 
 by Commis- 
 sioner. 
 Va. 1914, 
 No. 2496, 
 ss. 32 to 36. 
 
 Appropria- 
 tion of 
 surplus. 
 
 Annual 
 balance 
 sheet. 
 
 Official 
 secrecy. 
 
 Application 
 for 
 
 compensa- 
 tion. 
 
 Washington, 
 c. 74 of 1911, 
 B. 12. 
 
 SCHEDULE. 
 
 PROVISIONS RELATING TO THE BUSINESS OF STATE ACCIDENT 
 INSURANCE, AND TO PROCEEDINGS FOR THE RECOVERY OF AND 
 CONSEQUENT ON THE RECOVERY OF COMPENSATION. 
 
 1. The Insurance Commissioner may from time to time, by 
 writing under his hand, delegate to the Deputy Insurance Com- 
 missioner, or to any officer appointed to assist him, any of the 
 powers, functions, or duties imposed or conferred on the Insurance 
 Commissioner by this Act. 
 
 2. (1.) Where at the end of any financial year a surplus 
 remains in the 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 deem advisable shall be carried to a reserve fund, 
 which shall be invested in securities of the Government of Queens- 
 land. 
 
 (3.) The investment in such securities shall in every case be 
 made through the Treasurer at par; and the redemption of the 
 securities, whether 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. 
 
 3.* (1.) The Insurance Commissioner shall, not later than 
 the month of October in each year, prepare and transmit to the 
 Attorney-General or Minister of Justice a balance-sheet and state- 
 ment 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 coDy 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 
 
 (a) Show a profit and loss account ; 
 
 (b) Be in the form prescribed by the Audito'r-General ; 
 
 (c) Show separately what sums (if any) have been paid or 
 set aside for or towards interest, reserve fund, outstand- 
 ing claims, and unearned premiums. 
 
 t3A. Every member of the staff of the Insurance Commis- 
 sioner shall be bound to secrecy by declaration in the prescribed 
 form. 
 
 4. ( 1 . ) The person entitled to compensation under this Act or 
 some person on his behalf shall file with the clerk of petty sessions 
 an application for compensation in accordance with the regulations 
 
 * Printed as amended by section 9 of the Amendment Act of 1918. 
 f Inserted by section 3 of the Amendment Act of 1918. 
 
LABOUR. Sch. ss. 5-7. 25 
 
 Workers 9 Compensation Acts (Consolidated). 
 
 together with a certificate of the medical practitioner, if any, who 
 attended the worker, and such proof or other particulars required 
 by the regulations. 
 
 The clerk of petty sessions shall, as soon as practicable, forward 
 all documents in connection with each application to the Insurance 
 Commissioner with a report thereon: 
 
 Provided that in the case of an injury to a seaman not resulting 
 in death the application may be filed with the clerk of petty sessions 
 of the district in which the seaman is during his incapacity, and in 
 case of the death of a seaman by accident the application may be 
 filed with the clerk of petty sessions of the petty sessions district 
 in which the dependants are living. 
 
 (2.) No application shall be valid or claim thereunder enforce- 
 able unless filed within six months after the day upon which the 
 injury incurred or the right to compensation accrued. But this 
 provision may be waived by the Insurance Commissioner if he is 
 satisfied that failure to make application was due to mistake, absence 
 from Queensland, or other reasonable cause. 
 
 5. Whenever any accident occurs to any worker it shall be the Duty of 
 duty of the employer forthwith to report particulars of such employer, 
 accident and the injury resulting therefrom to the proper clerk of 
 
 petty sessions. 
 
 Such report shall state 
 
 (i.) The time, cause, and nature of the accident and injury, 
 and the probable duration of the injury resulting 
 therefrom ; 
 (ii.) Whether the accident arose in the course of the injured 
 
 person 's employment ; 
 
 (iii.) Any other matters prescribed by the regulations. 
 Any employer who has not complied with this provision within 
 thirty days after the happening of an accident shall, unless he 
 furnishes to the adjudicating court a reasonable excuse for such 
 failure, be liable to a penalty not exceeding thirty pounds. 
 
 6. Any worker applying for or in receipt of compensation Medical 
 under this' Act is required, if requested by the Insurance Com- 
 missiouer or the clerk of petty sessions, to submit himself for c . 74 of 1911,' 
 medical examination at a time and from time to time at a place s - 13 - 
 reasonably convenient for the worker and as may be prescribed by 
 
 the regulations. 
 
 If the worker refuses to submit to any such examination or 
 obstructs the same his right to weekly payments shall be suspended 
 until such examination has taken place, and no compensation shall 
 be payable during or on account of such period. 
 
 7. Upon the request of any applicant for compensation under Public 
 this Act, made in the prescribed manner to the curator of intestate "t for' n 
 estates or to a public curator appointed under any Act, he may claimants on 
 make and prosecute any application for compensation under this request. 
 Act and otherwise act for and on behalf of such claimant for any 
 
 of the purposes of this Act. When so acting he shall be entitled 
 
26 
 
 Sch. ss. 8-13. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 Advances on 
 account. 
 
 Weekly 
 payment 
 may be 
 reviewed. 
 Va. 1914, 
 No. 2496, 
 Sch. I. 15. 
 
 Total and 
 partial 
 dependants. 
 Va. 1914, 
 No. 2496, 
 Sch. I. 8. 
 
 Medical 
 referee. 
 
 to claim and receive such fees and charges as may be prescribed 
 under this Act, or in the case of a public curator under the Act 
 creating his office. 
 
 8. If the Insurance Commissioner is satisfied that an applica- 
 tion for compensation is well founded, he may, in his discretion, 
 before the amount of compensation is fixed, or pending any appeal 
 as to the amount thereof, from time to time advance to the worker 
 such sum or sums on account of compensation as he thinks proper 
 under the circumstances. 
 
 9 and 10.* 
 
 11. Any weekly payment may be reviewed by an industrial 
 t magistrate at the request either of the Insurance Commissioner or 
 of the worker, and on such review may be ended, diminished, or 
 increased, subject to the maximum herein prescribed: 
 
 Provided that where the worker was at the date of the accident 
 under twenty-one years of age, and the review takes place more 
 than twelve months after the accident, the amount of the future 
 weekly payment may be increased to any amount not exceeding 
 fifty per centum of the weekly sum which the worker would probably 
 have been earning at the date of the review if he had remained 
 uninjured, but not in any case exceeding two pounds. 
 
 12. Where there are both total and partial dependants, nothing 
 in this Act shall be construed as preventing the compensation being 
 allotted partly to the total and partly to the partial dependants. 
 
 13. Where a worker has, under clause 6 of this Schedule, sub- 
 mitted himself for examination by a medical practitioner, and the 
 Insurance Commissioner has, within six days after such examina- 
 tion, furnished the worker with a copy of the report of that practi- 
 tioner as to his condition, then, in the event of no agreement being 
 come to between the Insurance Commissioner and the worker as to 
 the worker's condition or fitness for employment, on application 
 being made by either party to the clerk of petty sessions and in 
 either case on payment by the applicant of such fee as may be fixed, 
 not exceeding the limit prescribed by the regulations, the clerk of 
 petty sessions shall refer the matter to a medical referee. 
 
 Such medical referee shall, in accordance with the regulations, 
 give a certificate as to the condition of the worker and his fitness 
 for employment, specifying, where necessary, the kind of employ- 
 ment for which he is fit; and that certificate shall be conclusive 
 evidence as to the matter so certified. 
 
 If a worker, on being required so to do, refuses to submit him- 
 self for examination by such medical referee, or in any way obstructs 
 the same, his right to compensation and to take or prosecute any 
 proceeding under this Act in relation to compensation, or in the 
 case of a worker in receipt of a weekly payment his right to that 
 weekly payment, shall be suspended until such examination has 
 taken place. 
 
 * Clauses 9 and 10 repealed by section 9 of the Amendment Act of 1918. 
 t Word "magistrate" substituted for "referee" by section 9 of the 
 Amendment Act of 1918. 
 
LABOUR. Sch. ss. 14-19. 27 
 
 Workers' Compensation Acts (Consolidated). 
 
 The regulations may prescribe the manner in which documents 
 are to be furnished or served and applications made under this 
 paragraph, and the forms to be used for those purposes, and as to 
 the fee to be paid under this clause. 
 
 14. A medical referee who has been employed as a medical Wh may act 
 practitioner in connection with any particular case by or on behalf 
 
 of a worker or by the Insurance Commissioner shall not act as 
 medical referee in that case. 
 
 15. In case of death, the payment shall be made to the legal To whom 
 personal representative of the worker, or, if he has no legal personal 
 representative, to or for the benefit of his dependants, or, if he of death, 
 leaves no dependants, to the person to whom the expenses are due ; JJ a - ^14, 
 and, if made to the legal personal representative, shall be paid by Q^ j ' 
 him to or for the benefit of the dependants or other persons entitled 
 thereto under this Act. 
 
 16. The sum allotted as compensation to a dependant may be investment 
 invested or otherwise applied for the benefit of the person entitle! of compen- 
 thereto as agreed, or, in default of agreement, as ordered by an sa 
 industrial *magistrate upon the request of the Insurance Com- 
 missioner. 
 
 17. "Where it appears to an industrial *magistrate upon a Misconduct 
 reference by the Insurance Commissioner that a worker to whom of worker, 
 any sum is payable under this Act ought, on account of drunkenness, 
 neglect of wife or children or other relatives, or other sufficient 
 misconduct on his part, to be deprived of the whole or any part of 
 
 any such sum or that the terms on which, or the manner in which, 
 any such sum is payable to him ought to be varied, such *magistrate 
 may order such deprivation or variation, and may, on application 
 being made in accordance with the regulations, make such further 
 order for the payment of the sum of which the worker has been 
 deprived, to or for the benefit of any member or members of his 
 family, as in the circumstances of the case he thinks just. 
 
 rlS. Where it appears to an industrial *magistrate upon a Remarriage- 
 reference by the Insurance Commissioner that a widow to whom or 
 any sum is payable under this Act, whether by way of an annuity ^^f^ * 
 or as instalments or otherwise, ought, on account of her remarriage, Va. 1914, 
 or on account of drunkenness, neglect of children, or other sufficient No. 2496, 
 misconduct on her part, to be deprived of the whole or any part of 
 any such sums, or that the terms on which, or the manner in which, 
 any such sums are payable to the widow ought to be varied, such 
 ^magistrate may order such deprivation or variation, and may, on 
 application being made in accordance with the regulations, make . 
 such further order, for the payment of the sums of which the widow 
 has been deprived, to or for the benefit of other dependants, as in 
 the circumstances of the case he thinks just. 
 
 19. The liability for weekly payments of compensation may at Payment of 
 any time be redeemed by the payment of a lump sum to be agreed ^ m ?g] 1 4 m ' 
 on by the worker and the Insurance Commissioner, or, failing No ^ 2 496,' 
 agreement, to be fixed by an industrial *magistrate at the request of Sch. 1. 16. 
 either of them. 
 
 * Word " magistrate " substituted for " referee " by section 9 of the 
 Amendment Act of 1918. 
 
28 
 
 Sch. ss. 20-23. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 Payments 
 to minors. 
 
 Suspension 
 of payment. 
 Va. 1914, 
 No. 2496. 
 Sch. I. 18. 
 
 Worker 
 ceasing to 
 reside in 
 Common- 
 wealth. 
 No. 2496, 
 Sch. I. 17. 
 
 When action 
 wrongly 
 brought 
 indepen- 
 dently of Act. 
 5 Edw. VII. 
 No. 26, s. 7. 
 S.A. 1911, 
 No. 1053, 
 s. 6 (4). 
 Va. 1914, 
 No. 2496, 
 s. 12. 
 
 Such lump sum may by agreement or by order of such, 
 ^magistrate be invested or otherwise applied for the benefit of the 
 person entitled thereto. 
 
 Any such lump sum may, within twelve months after it has 
 been agreed on or fixed, be reviewed by an industrial *magistrate 
 at the request of either the Insurance Commissioner or of the 
 worker, and on such review may be diminished or increased subject 
 to the maximum herein prescribed. 
 
 20. When payment of any moneys under this Act is made to 
 any person under twenty-one years of age, whether such person 
 claims as a worker, dependant, or legal personal representative, the 
 receipt of such person therefor shall be a -good and valid discharge 
 in 'law ; and such person (notwithstanding minority) may agree 
 with the Insurance Commissioner upon the amount. of compensation 
 payable. 
 
 21. Where under this Act a right to compensation is sus- 
 pended, no compensation shall be payable in respect of the period 
 of suspension. 
 
 22. If a worker receiving a weekly payment ceases to reside in 
 the Commonwealth or New Zealand he shall thereupon cease to be 
 entitled to receive any weekly payment. 
 
 But if he proves that the incapacity resulting from the injury 
 is of a permanent nature he shall be entitled to a lump sum not 
 exceeding one hundred and fifty-six times the amount of weekly 
 payment less all payments theretofore paid. 
 
 Any question arising under this clause shall, in default of 
 agreement, be determined by an industrial *magistrate at the 
 request of the worker or the Insurance Commissioner. 
 
 23. (1.) If, within the time limited by this Act for making 
 application for compensation, an action is brought to recover 
 damages independently of this Act for injury caused by any 
 accident, and it is determined in such action that the injury is one 
 for which the employer is not liable in such action, but that there 
 is a liability to pay compensation under this Act, the action shall 
 be dismissed. 
 
 But the adjudicating court shall, unless the plaintiff objects, 
 proceed to assess such compensation, and shall, unless good cause to 
 the contrary is shown, deduct from such compensation all the costs 
 which in its opinion have been caused by the plaintiff bringing such 
 action instead of making an application under this Act, and shall 
 enter judgment accordingly. 
 
 , * Word " magistrate " substituted for " referee " by section 9 of the 
 Amendment Act of 1918. 
 
LABOUR. Sch. ss. 24, 25. 29 
 
 Workers' Compensation Acts (Consolidated). 
 
 In any proceeding under this subclause when the court assesses 
 the compensation, it shall give a certificate for the compensation it 
 has awarded and the directions it has given as to the deduction for 
 costs, and such certificate shall be binding upon the Insurance Com- 
 missioner, and the compensation so awarded shall be payable out of 
 the State Insurance Fund. 
 
 (21) Subject to this Act, if it is determined in any proceedings 
 under this Act that the injury is one for which compensation is not 
 payable under this Act, such determination shall not prevent an 
 action being brought in respect of such injury independently of this 
 Act, and the court in which such action is tried may deduct from 
 any damages awarded by such court all or part of the costs which, 
 in its opinion, have been caused by the plaintiff having brought 
 the unsuccessful proceedings under this Act. 
 
 24. "When the injury for which compensation is payable by the Recovery of 
 Insurance Commissioner under this Act was caused under circum- 
 stances creating also a legal liability in some other person to pay 
 damages in respect thereof No. 26, s. 8. 
 
 Va 1914 
 
 (i.) The worker may both take proceedings against that NO'. 2496, 
 person to recover damages and may apply for compensa- s - 16 - 
 tion under this Act, but is not entitled to recover both 
 damages and compensation; and 
 
 (ii.) If the worker has recovered compensation under this 
 Act, the Insurance Commissioner 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 an 
 industrial referee under this Act. 
 
 25. Where any person (herein called the "principal") con- contracting 
 tracts with any other person (herein called the "contractor") f or c r n s t ^ t ing. 
 the execution of any work by or under the contractor, and theSEdw. vil. 
 contractor employs any worker thereon, the following provisions 
 
 shall apply: 
 
 (i.) Both the principal and the contractor shall be deemed to 
 
 be employers of the worker. 
 
 (ii.) In the case of sub-contracts, the expression "principal" 
 shall extend to and include not only the original 
 principal, but also each contractor who constitutes him- 
 self a principal 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 expression 
 "contractor" shall extend to and include not only the 
 original contractor, but also each sub-contractor. 
 
30 
 
 Sch ss. 26-28. 
 
 LABOUR. 
 
 Workers' Compensation Acts (Consolidated). 
 
 Compensa- 
 tion not 
 assignable. 
 Va. 1914, 
 No. 2496, 
 B. 9. 
 
 Malingering 
 an offence. 
 Va. 1914, 
 No. 2496. 
 
 Meaning of 
 term " clerk 
 of petty 
 
 Va. 1914, 
 No. 2496, 
 Sch. II. 8. 
 
 (iii.) The regulations may declare the conditions under which 
 any right of indemnity shall exist and be enforceable by 
 and between any of the aforesaid persons, and may also 
 prescribe the person or persons against whom the Insur- 
 ance Commissioner is entitled to recover any penalty or 
 any moneys under the circumstances aforesaid. 
 
 26. No money paid or payable in respect of compensation 
 under this Act shall be capable of being assigned, charged, taken in 
 execution, or attached, nor shall the same pass to any other person by 
 operation of law, or otherwise howsoever, nor shall any claim be set 
 off against the same. 
 
 27. Any person who attempts by malingering to obtain any 
 benefit under this Act shall be liable to a penalty not exceeding 
 twenty pounds or two months' imprisonment. 
 
 28. Where in this Act any reference is made to a clerk of 
 petty sessions, then, unless the contrary intention appears, the clerk 
 of petty sessions referred to shall, subject to the regulations, be 
 taken to mean the clerk of petty sessions of the district in which the 
 accident happened, without prejudice to any transfer in manner 
 provided by the regulations: 
 
 Provided that the Governor in Council may appoint any State 
 officer to carry out, within a prescribed locality, the powers and 
 duties assigned by this Act to a clerk of petty sessions, and in that 
 case such officer shall be deemed to be the clerk of petty sessions of 
 the district within the meaning and for the purposes of this Act. 
 
 By Authority: AKTKONY JAMES GUMMING, Government Printer, Brisbane. 
 
UNIVERSITY OF CALIFORNIA LIBRARY