Liability in cases of
contracting or
sub-contracting.

Workers' Compensation.

as aforesaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement of this Act.

(2.) The Registrar may give a certificate, to expire at the end of a limited period to be specified therein, being not more than five years.

(3.) No scheme shall be so certified which contains an obligation upon the workers to join the scheme as a condition. of their hiring.

(4.) If complaint is made to the Registrar by or on behalf of
the employer or a majority of the workers that the pro-
visions of the scheme are no longer on the whole so
favourable to the employer or to the general body of
workers and their dependants as the provisions of this Act,
or that the provisions of the scheme are being violated, or
that the scheme is not being fairly administered, or that
satisfactory reasons exist for revoking the certificate,
the Registrar shall examine into the complaint, and, if
satisfied that good cause exists for such complaint,
shall, unless the cause of complaint is removed, revoke
the certificate.

(5.) When a certificate is revoked or expires, any moneys or
securities held for the purpose of the scheme shall be
distributed as may be arranged between the employer
and the workers, or as may be determined by the
Registrar in the event of a difference of opinion.
For the purposes of this section, it shall be the duty of
the employer and workers to answer all such inquiries
and to furnish all such accounts in regard to the scheme
as may be required by the Registrar.

(6.)

14. WHERE any employer (hereinafter called the contractor) contracts with any other person (hereinafter called the sub-contractor) for the execution of any work by or under the sub-contractor, and the sub-contractor employs any worker thereon, the following provisions shall apply:

(1.) Both the contractor and the sub-contractor shall be

deemed to be employers of the worker, and shall be jointly and severally liable to pay to the worker any compensation which the sub-contractor, if he were the sole employer, would be liable to pay under this Act. (2.) The contractor shall be entitled to be indemnified by the sub-contractor against the employer's liability under this section; and also by any other person who would have been liable independently of this section.

(3.)

Workers' Compensation.

(3.) The contractor shall not be liable under this section, except
in cases where the work to be executed under the
contract, and in which the worker is employed,-

(a.) Relates directly to the land, building, vessel, or
other property of the contractor; or

(b.) Is directly a part of or a process in the trade or
business of the contractor.

(4.) In the case of such contracts, the expression" contractor
shall extend to and include not only the original contractor
but also each sub-contractor who constitutes himself a
contractor 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 "sub-contractor'
shall extend to and include not only the original sub-
contractor but also each sub-contractor: Provided that
each contractor's right of indemnity shall be a right over
against every subsequent sub-contractor.

from stranger.

15. WHERE the injury for which compensation is payable under this Act was caused under circumstances creating a legal Recovery of damages liability in some person other than the employer to pay damages in respect thereof independently of this Act, the worker may, at his option, proceed either against that person to recover damages independently of this Act or against his employer for compensation under this Act, but not against both; and, if compensation is paid under this Act, the employer paying the same shall be entitled to be indemnified by such other person.

16.

compensation or

bankruptcy of

employer.

WHERE any employer becomes liable, either under or independently of this Act, to pay compensation or damages in respect Claims of worker for of any accident, and is entitled to any sum from insurers in respect damages in case of of the amount due to a worker under such liability, then, in the event of the employer becoming bankrupt or making a composition or arrangement with his creditors, or, if the employer is a company, of the company having commenced to be wound up, such workers shall have a first charge upon the sum aforesaid for the amount so due.

17.

of his

FOR the purpose of securing to the worker the full benefit

claim for compensation under this Act, or for damages or Special provision for compensation independently of this Act, the following provisions tion or damages to shall apply in every case where the accident in respect whereof the worker in mine, claim arises occurred in the course of his employment in or about a vessel. mine, factory, building, or vessel:—

(1.) At and from the time when the accident occurred, the
amount of compensation or damages to which he may
become entitled, whether under or independently of

this

factory, building, or

Provision as to existing contracts.

Regulations.

Accident insurance policy.

Repeal.

Workers' Compensation.

this Act, shall, notwithstanding that such amount is
unadjusted or unascertained, be deemed to be a charge
in his favour on his employer's estate or interest in—
(a.) Such mine, factory, building, or vessel, and the
plant, machinery, tackle, and appliances in or
about the same, and also in

(b.) The land whereon such mine, factory, or building
is situate, or whereto it appertains.

(2.) As between themselves, all such charges shall have priority according to the priority of the time when they accrue (being the time when the accident occurred), but such of them as accrue on the same day shall be deemed to accrue at the time when the earliest of them accrued, and shall rank equally one with another.

(3.) The Governor may from time to time, by regulations under this Act, prescribe the mode in which such charges may be enforced.

18. ANY contract existing at the time of the passing of this Act, whereby a worker relinquishes any right to compensation from the employer for personal injury arising out of and in the course of his employment, shall on the passing of this Act be determined.

19. THE Governor may make regulations for the purpose of prescribing the mode in which claims and questions under this Act may be determined, and also for any other purpose which he deems necessary in order to give full effect to the provisions and intention of this Act.

20. EVERY policy of accident insurance issued after the coming into operation of this Act shall contain such provisions as may be prescribed by the Governor by regulation.

21. SECTIONS twenty and twenty-seven of the Mines Regulation Act, 1895, and sections thirteen and fourteen of the Mines Regulation Act Amendment Act, 1899, are hereby repealed.

In the name and on behalf of the King I hereby assent

to this Act.

ARTHUR LAWLEY, Governor.

SCHEDULES.

1. The amount of compensation under this Act shall be computed and assessed as follows, that is to say :

:

(1.) Where death results from the injury

(a.) If the worker leaves any dependants wholly dependent upon his
earnings at the time of his death, the compensation shall be a
sum equal to his earnings in the employment of the same
employer during the three years next preceding the injury, or
the sum of Two hundred pounds, whichever of those sums is
the larger; but not exceeding, in any case, Four hundred
pounds.

Provided that the amount of any weekly payments made
under this Act shall be deducted from such sum, and if the
period of the worker's employment 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.

(b.) 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, the compensation shall be such sum, not exceeding
in any case the amount payable under the foregoing provisions,
as may be agreed upon, or as, in default of agreement, may be
determined on under this Act to be reasonable and proportionate
to the loss or damage suffered by the said dependants.

(c.) If the worker leaves no dependants, the compensation shall be a
sum equal to the reasonable expenses of his medical attend-
ance and burial, not exceeding One hundred pounds.

(2.) Where the worker's total or partial incapacity for work results from the
injury-

(d.) The compensation shall be a weekly payment during the incapacity,
after the second week, not exceeding fifty per cent. 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; such weekly payment not to exceed Two pounds, and
the total liability of the employer in respect thereof not to
exceed Three hundred pounds.

(e.) In fixing the amount of the weekly payment, regard shall be had
to the difference between the amount of the average weekly
earnings of the worker before the accident and the average

amount

Section 6.

Workers' Compensation.

amount which he is able to earn after the accident and to any payment (not being wages) which he may receive from the employer in respect of his injury during the period of incapacity.

Conditions.

2. The payment shall, in case of the worker's death, be made to his legal personal representative, or, if he has no legal personal representative, then to or for the benefit of his dependants, or, if he leaves no dependants, then to the person to whom the expenses are due; and, if made to the legal personal representative, shall be paid by him to or for the benefit of the dependants or other person entitled thereto under this Act.

3. Any question as to who is a dependant, or as to the amount payable to each dependant, shall, in default of agreement, be settled by the Court under section eight of the Act.

4. The sum allotted as compensation to a dependant may be invested or otherwise applied for the benefit of the person entitled thereto, as agreed, or, in default of agreement, as adjudged by the Court under section eight of the Act.

5. Where a worker has given notice of an accident, or is entitled to weekly payments under this Act, he shall, if so required by the employer, or by any person by whom the employer is entitled under this Act to be indemnified, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the employer or such person :

Provided that if the worker objects to an examination by that medical practitioner, or is dissatisfied with the certificate of such practitioner as to his condition when communicated to him, he may submit himself for examination to one of the medical practitioners appointed by the Governor for the purposes of this Act, and the certificate of that medical practitioner as to the condition of the worker at the time of the examination shall be given to the employer and worker, and shall be conclusive evidence of that condition.

6. If the worker refuses to submit himself to such examination, or in any way obstructs the same, his rights under this Act in respect of the accident to which such examination relates shall be suspended until such examination takes place, and shall absolutely cease unless he submits himself for examination within one month after being required so to do.

7. Any weekly payment may be reviewed by the Court at the request either of the employer or of the worker, and, on such review, may be ended, diminished, or increased, subject to the maximum above provided.

8. Where any weekly payment has been continued for not less than six months, the liability therefor may, on the application by or on behalf of the employer, be redeemed by the payment of a lump sum to be agreed upon by the parties, or, in default of agreement, to be determined by the Court, and such lump sum may be ordered to be invested or otherwise applied as above mentioned.

9. 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, nor shall any claim be set off against the same.

10. For the purposes of conditions 7 and 8 above, and of any application thereunder, if the matter has previously been before the Court, under section eight of the Act, the assessors who then sat may sit together with the Magistrate to hear and determine any such application or the parties or either of them may appoint a new assessor or assessors. If the matter has not previously been before the Court, assessors may be appointed by the parties in the prescribed manner to sit with the Magistrate.

By Authority: WM. ALFRED WATSON, Government Printer, Perth.