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Wednesday, 6 August 1930

Senator DALY (South Australia) (Vice-President of the Executive Council) (1:59 AM) . - The point made by Senator McLachlan appears to me to be perfectly sound. There are certain determinations already in existence, and they should be allowed to run their course. The employee cannot have it both under the determination and under the act. I think that in the case of any future determinations, the arbitrator would ask himself "Is this matter in dispute?" as he is to deal only with matters in dispute between a department and employees. He would probably conclude" We must have uniformity in the service. That has been effected by the new measure. I shall make no determination".

Senator H E ELLIOTT (VICTORIA) - If that will be the effect of the law, I have no objection to the clause.

Clause agreed to.

Clause 16 (Time for taking proceedings).

Senator SirGEORGE PEARCE (Western Australia) [2.0 a.m.]. - Eight through this bill provision is made for compensation for injuries and this clause governs the time for the notification of injuries. Under the last clause compensation was provided for occupational diseases. A disease can hardly be called an injury.

Senator Daly - Clause 10 provides that an occupational disease shall be treated as if it were an injury.

Senator Sir GEORGEPEARCE If that is so a period of six months is allowed in which a claim for compensation for injury may be made, but surely in the case of an occupational disease the period should be much less.

Senator Daly - There are two conditions precedent to the granting of a claim. Notice of injury must be given as soon as practicable, and the other is the claim itself.

Senator Sir GEORGE PEARCE - I had overlooked that.

Clause agreed to.

Clauses 17 and 18 agreed to.

Clause 19 (Medical examinations).

Senator SirGEORGE PEARCE (Western Australia) [2.3 a.m.]. - When notice has been given of an injury which, I understand, includes an occupational disease, an employee who is receiving weekly payments under this act is required to submit himself for medical examination. Does that mean that a man whose claim for compensation has been admitted may, subsequently, be brought before a medical referee for reexamination?

Senator Daly - Yes.

Senator Sir GEORGEPEARCE.That would be a check in regard to the difficulty I pointed out in clause 16.

Senator Daly - I should say so.

Clause agreed to.

Clauses 20 to 23 agreed to.

First and second schedules agreed to.

Third schedule.

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