Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 25 November 1959

(a)   by omitting the definition of ' disease ' and inserting in its stead the following definition: - " disease " includes any physical or mental ailment or disease, disorder, defect or morbid condition, whether of sudden or gradual development, and also includes the aggravation, acceleration or recurrence of a pre-existing disease as aforesaid;'; and

(b)   by omitting the definition of ' injury ' and inserting in its stead the following definition: - " injury " means any physical or mental injury or disease and includes the aggravation, acceleration or recurrence of a preexisting injury or disease as aforesaid ; '.".

Proposed new clause 2b. " 2b. Section 9 of the Principal Act is amended by omitting the words ' by accident ' from subsection (1.).".

Proposed new clause 2c. " 2c. Section 9a of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section: - (1.) Without limiting the generality of the provisions of sub-section (1.) of section nine of this Act, an injury to an employee shall be deemed to arise out of or in the course of his employment by the Commonwealth if the injury occurs -

(a)   while the employee on any working day on which he has attended at his place of employment pursuant to his contract of employment -

(i)   is present at his place of employment; or

(ii)   having been so present, is temporarily absent therefrom on that day during any ordinary recess and does not during any such absence voluntarily subject himself to any abnormal risk of injury; or (b) while the employee is travelling to or from -

(i)   his employment by the Common wealth including any school in relation to which sub-section (2.) of the last preceding section applies; or

(ii)   any place which it is necessary for him to attend to obtain a medical certificate or to receive medical treatment or compensation in respect of a previous injury.'.".

Proposed new clause 3a - " 3a. Section twelve of the Principal Act is repealed and the following section inserted in its stead: - " 12. - (1.) Where an injury sustained by a worker arising out of or in the course of his employment is an injury specified in the first column of the Third Schedule to this Act a lump sum of compensation equal to the percentage of special compensation specified, in relation to that injury, in the second column of that Schedule is, subject to this Act, payable to the worker. (2.) For the purpose of the last preceding subsection, special compensation is an amount calculated by multiplying the worker's award rate by two hundred and sixty, but in so calculating that amount any amount by which the worker's award rate exceeds £25 per week shall be disregarded. If no award rate is applicable, the special compensation shall be an amount calculated by multiplying the worker's weekly wage at the date of his injury (but disregarding any amount in excess of £25 per week) by two hundred and sixty. (3.) For the purposes of this Section and the Third Schedule of this Act, the permanent loss of the efficient use of a joint, limb or member shall be deemed to be the loss of that joint, limb or member. (4.) Where before the injury the worker habitually used his left hand and arm to perform his work and that work is usually performed by a person with his right hand and arm, the compensation payable to the worker under this Section is -

(a)   for the loss of his left arm or any part of his left arm - the amount prescribed by sub-section (1.) of this Section as payable to a worker for a similar loss in respect of his right arm; and

(b)   for the loss of his right arm or any part of his right arm - the amount prescribed by sub-section (1) of this Section as payable to a worker for a similar loss in respect of his left arm. (5.) Where an injury sustained by a worker arising out of or in the course of his employment is the partial but permanent loss of speech, eyesight or hearing, or of the use of a faculty, organ, limb, member or joint, a lump sum of compensation equivalent to such percentage of the amount of compensation payable under sub-section (1.) of this Section in respect of total loss of a similar nature as is equal to the percentage of the diminution of the efficiency of the faculty, organ or part of the body concerned is, subject to this Act, payable to the worker. (6.) Where an injury sustained by a worker arising out of or in the course of his employment is the partial and incurable loss of his mental powers, or the partial and incurable paralysis of, or damage to, any part of his body not otherwise covered by the preceding provisions of this section, such worker may elect to accept a lump sum of compensation, assessed according to the percentage of the diminution of the worker's full earning capacity in respect of work of the nature of that in which be was employed at the time of the injury, is, subject to this Act, payable to the worker. For the purpose of this sub-section, the value of the worker's full earning capacity shall be assessed as if it were special compensation as provided in this Section. (7.) Where an injury sustained by a worker arising out of or in the course of his employment is a severe facial disfigurement, or permanent, partial or total loss of the use of any part of the body, a lump sum of compensation, assessed according to the degree of the severity of the injury, shall, subject to this Act, be payable to the worker. (8.) Where a worker sustains more than one injury in relation to which this Section applies, he is entitled to payment of a lump sum of compensation equal to the aggregate of each lump sum payable under the preceding provisions of this Section in respect of each of those injuries."

Proposed new clause 5a - " 5a. Section 17a of the Principal Act is amended by omitting from sub-section (1.) the words ' by accident

Proposed new clauses - by leave - taken together.







Suggest corrections