AN ACT to amend the Law with respect to [Assented to, 19th February, 1902.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. (.) THE short title of this Act is the Workers' Compensation Short title. Act, 1902. (2.) This Act shall commence on a date to be fixed by the Governor by Order in Council, not being earlier than the first day of January, One thousand nine hundred and two, except as to section eighteen hereof, which shall come into operation on the passing hereof. 2. Commencement. Interpretation. Workers' Compensation. 2. (1.) IN this Act, if not inconsistent with the context,— Dependants means such members of a worker's family, specified in the First Schedule hereto, as at the time of his death were wholly or in part dependent on his earnings; Employer" includes persons, firms, companies, and corporations employing workers, and the legal representatives of a deceased employer; 66 66 Engineering Work" means any work of construction or alteration or repair of a railroad, harbour, dock, canal, sewer, or tunnel, telegraph, telephone, or electric power, and includes any other work for the construction, alteration, or repair of which machinery driven by steam, water, or other mechanical power is used. "Factory" means any manufactory, workshop, workroom, or premises wherein or whereon manual labour is exercised for the purpose of gain in or incidental to the making, altering, or repairing any article by way of trade or for purpose of gain or for sale, and includes any ship or boat in port, dock, wharf, quay, or warehouse, so far as relates to machinery and plant used in the process of loading or unloading therefrom or thereto, and every laundry worked by steam, water, or other mechanical power. “Injury” means personal injury or loss of life by accident arising out of and in course of employment, or injury to health or loss of life arising out of or consequent upon any employment declared by proclamation to be dangerous to health or dangerous to life or limb: Provided that no such proclamation shall issue except on addresses of both Houses of Parliament. "Proclamation" means proclamation by the Governor in the Government Gazette. “Worker” means a person of any age or sex who is engaged under contract with an employer (made before or after the commencement of this Act) in any employment to which this Act applies, whether the agreement is one of service, apprenticeship, or otherwise, and whether the employment is on land, or on any ship or vessel (of whatsoever kind and howsoever propelled) in any navigable or other waters within Western Australia or the jurisdiction thereof. (2.) Any reference to a worker who has been injured shall, where he is dead, include a reference to his legal personal representatives, or to his dependants or other person to whom compensation is payable. 3. Workers' Compensation. Application to 3. THIS Act shall apply to workers engaged by the Government of Western Australia in any employment by or under the workers in employCrown within that State, and to which this Act would apply if the ment of Crown. employer were a private person. Provided that all sums payable under this Act by or on behalf of the Crown shall be payable out of moneys to be appropriated by Parliament. 4. THIS Act applies only to injuries of workers employed by employers (1.) On or in or about any railway, waterwork, tramway. (2.) On or in or about any employment declared by procla- 5. THE employer shall not be liable in respect of any injury which- 6. (a.) Does not disable the worker for a period of at least two (b.) Is directly attributable to the serious and wilful mis- Employments to which Act applies. Cases in which employer not liable. to workers. IF, in any employment as aforesaid, personal injury by accident arising out of and in the course of the employment is Liability for injuries caused to a worker, his employer shall, subject as hereinafter mentioned, be liable to pay compensation in accordance with the Second Schedule hereto. 7 (1) NOTHING herein shall affect any civil liability of the employer independently of this Act where the injury is caused by the negligence of the employer or of some person for whose act or default the employer is responsible. (2.) The worker may claim compensation under this Act or take the same proceedings as are open to him independently of this Act; but the employer shall not be liable to pay compensation independently of and also under this Act. 8. (1.) IF any question arise as to liability to pay com Worker may claim compensation under this Act or take independent proceedings. questions arising pensation under this Act, or as to the amount or duration of such Mode of settling compensation, the question, if not settled by agreement, shall, subject under Act. to Procedure when action wrongly brought independently of Act. not affected. Workers' Compensation. to the provisions of the Second Schedule hereto, be heard and determined by the Local Court of the district within which the injury happens; and for all such purposes jurisdiction is hereby conferred upon such Court. (2.) For the hearing and determination of such question, the Magistrate shall sit with two assessors appointed in the manner prescribed by regulation; and the decision of a majority of such three persons shall be the decision of the Court. (3.) Should an assessor neglect or fail to attend any sitting of the Court, those present may proceed in his absence. (4.) In respect of all interlocutory proceedings, the Magistrate alone may exercise all authority and jurisdiction which is conferred upon him by the Small Debts Ordinance, 1863, or any amendment thereof, in the same manner as if the proceeding under this Act arose within the ordinary jurisdiction of the Local Court. 9. IF, within the time limited by section eleven, an action is brought to recover compensation, independently of this Act, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under this Act, the Court in which the action is tried shall assess such compensation, and shall deduct therefrom all the costs which have been caused by the plaintiff bringing the action instead of taking proceedings under this Act, and shall enter judgment accordingly. 10. NOTHING in this Act shall affect any proceeding for, or Proceedings for fines the application of any fine under any Act; but if such fine, or any part thereof, is applied for the benefit of the person injured, the amount applied shall be taken into account in estimating the compensation under this Act. 11. (1.) PROCEEDINGS under this Act for the recovery of notice to be given compensation shall not be maintainable unless— Time within which and claim made. (a.) Notice of the accident has been given as soon. as practicable after the happening thereof, and before the worker has voluntarily left the employment in which he was injured; and (b.) The claim for compensation with respect to such accident has been made within six months after the occurrence of the accident, or, in case of death, within six months after the time of death: (2.) A worker shall not be deemed to have voluntarily left the employment in any case where by reason of the accident he is unable to continue in the employment; (3-) Workers' Compensation. (3.) The want of or any defect or inaccuracy in any notice shall not be a bar to the maintenance of such proceedings, if it is found by the Court, when settling the claim, that the employer is not prejudiced in his defence by such want, defect, or inaccuracy, or that the same was occasioned by mistake or other reasonable cause. 12. WITH respect to such notice, the following provisions shall apply: 13. that (1.) The notice may be signed by the worker injured or by (2.) The notice shall give the name and address of the person (3.) The notice may be served by post by a registered letter (5.) Where the employer is the Crown, the notice shall be Form and service of notice. under scheme for WHERE the Registrar of Friendly Societies, after taking steps to ascertain the views of the employer and workers, certifies Contracting out any scheme of compensation, benefit, or insurance for the compensation workers whether or not such scheme includes other employers approved by Board and their workers, is on the whole not less favourable to the general body of workers and their dependants than the provisions of this Act, the following provisions shall apply: (1.) The employer may, until the certificate is revoked, as of Conciliation. |