Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697644505964.pdf (Australia)
1946-47.

THE PARLIAMENT OF THE OOMMONWEAL'fH.

HOUSE OF REPRESENTATIVES.· SBAMEN'S COMPENSATION BILL 1947. iVlEMORANDUM SHOWING THE AMENDMENTS PROPOSED TO BE MADE TO THE SEAMEN'S COMPENSATION ACT 1911-1938.

(Circulated by the Minister representing the 1111 inister for Supply and Shipping, the Honorable J. J.

Dedman.)

) The words printed in italics are words proposed to be omitted from the Principal Act.

The words printed in black type are words proposed to be added to the Prin~ipal Act.
CLAUSE 1.-SRORT TITLE AND CITATION.

CLAUSE 2.-DEFINITIONS. "
Dependants " means such of the mernbers of the seaman's family as we:re wholly or in part dependent up_on tlte earnings of the seaman at the time of his death, or who would, but for the incapacity due to the accident, have been so dependent, and includes a person so dependent to whom the seaman stands in loco pa1·entis or a person so dependent who stands in loco parentis to the seaman ; and where the seaman·- ( a) being the parent or grandparent qf an illegitimate child, leaves the child so dependent upon his earnings, or (b) being an il/,egitimate child, leaves a parent or grandparent so dependent upon his earnings, includes such an illegitimate child and parent or gra.ndparent respectively : (2)---430/21.\;.1947 .-F.4363.
;; ; : ·-: __ :·1 2 Dependants " means, in relation to a deceased seaman-- - (a) a membel' of the saaman's family ; (b) a person to whom the seaman stood in ioeo parentis or who stood in loco parentis to the seaman ; (c) any ex-nuptial child or grand-child or the sr11man ; and (d) if the semnan was an ex-nuptial child, any parent or grand-- parent of the seaman, who was wholly or in part dependent upon his earnings at the time of his death or who would, but for his incapacity due to injury, have been so dependent : CLAUSE 3.--Co:MPENSATION FOR PERSONAL INJURIES ·ro SEAl't:IEN.
5.-(L) If personal injury by accident arising out of and in the course of the employinent is caused to a sea1nan, his e1nploycr shall, subject to this 11-ct, be liable to pay con1pcnsation in accordance 1vith the First Schedule to this Act-.

(2.)
Provided that- - (a) the employer shall not be liable under this Act in respect of any injury which docs not disable the seaman, for a period of at least one week, from earning full wages : (b) a seaman shall not be cnt.itled to recove;r compc1tsation both independently of and also under this Act; but subject to this paragraph this Act shall not affect any civil liability of an employer under any other la"'' : (c) If it is proved that the injury to a sea1nan is attributable to his serious and \Vilful misconduct, any ~01npcnsation claimed in rr spect of that injury shall, unless the injury results in death or 8erious and permanent disable1nent., be disal1o\ved : (d) 1n the case of the death of a sean1an leaving no dependants, no compensation shall be payable undor this Act if the 01,vner of the ship is under any Act, Imperial Act, or State Act liable to pay the expenses of burial : (e) if it appears that the clnimant has a clain1 for cOJll)h~ll:~ation for the injury under any la"iv of the United J(ingdon1 or of any other part of the ICing's Do1ninions or of any foreign country.
<:01111)ensatio11 under this -~ct shall only be a.Uo,ved upon the clai1nant undertaking not to claim co1npcnsatjon for the injury unrler any E»tch la"\\'.

(3.)
If any question arises, in any proceedings nnder this Act, as to the liability to pay compensation lmder this Act (including any r1ncstion a.<\ to 1vhethcr the person injured is a scan1an to "\Vhon1 this Act applies), or as to the a1nonnt or duration of compensation under this Act, the question, if not settleU by a.gree1nent, shall, subject to the provisions of the First Schedule to this Act, be settled by acbitration, in accordance with the Second Schedule to this .Act, or by proceedings in a Count:,.
Court.

(4.)

Any undertaking given in pursuance of parngraph (b) of snlJ-sc·etion {2.)

of this section shall have effect as a contract bet\veen the claimant and tht• person from whom the compensation is clai1ned 7 4003 3 (5.)
Any payment to an injured seaman made under an insurance policy privately effected by the seaman or made by a friendly society, by way of compensation or medical or disablement benefits, shall not be deemed to be compensation· or payment in respect of the injury within the meaning of sub.-section (2.)

of this section.

(6.)


Where a dependant dies before a clai.m under this Act is made, or, if a claim has been made, before an agreement or award has been arrived at or made, the legal personal representative of the dependant shall have 110 right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the seaman.

CLAUSE 4.-lNJURY WHILE TRAVELLING TO OR FROM WORK.

5AA.-(1.)
5AA.-(1.)

Where personal injury by accident is caused to a seaman while he is travelling to or from work, the employer shall, subject to this Act, be liable to pay to the seaman or his dependants compensation in accordance with this Act as if the accident were an accident arising out of and in the course of his employment.

(2.)
Iu this section" travelling to or from work "means, in relation to a seaman ( a) travelling between the seaman's place of abode and the place of his employment ; or (b) travelling between the seaman's place of abode or place of employment and a Mercantile Marine Office, but does not include travelling during or after any substantial interruption of, or substantial deviation from the shortest convenient route for, any such journey, made for a reason unconnected with his employment or =connected with his attendance at a place where he is required or expected by his employer to attend.
CLAUSE 5.-MEDICAL BENEFITS.

5A.-(1.)
In addition to any compensation payable by the employer under this Act in respect of personal injury caused to a seaman by accident arising out of and in the course of his employment, the employer shall pay the cost, not exceeding in any case the sum of Twenty-five pounds, of such medical, surgical and hospital ti·eatment and ambulance services 'in relation to the injury Where any compensation is payable by the employer under this Act to, or in respect of, a seaman, or where a seaman suffers injury or disease in circumstances in which compensation would be payable under this Act but for the fact that the seaman is not rendered incapable of earning full wages, the employer shall pay the cost, not exceeding iu any case One hundred pounds, of such medical, surgical and hospital treatment and ambulance services in relation to the injury, or disease, as the case may be, as are, in the opinion of the Minister administering this Act, reasonably necessary : · · Provided that an employer shall not be liable to pay the cost of medical, surgical jand hospital treatment and ambulance services both independently of aud also -~::' under this section : Provided also that if the seaman is left on shore at any port and there is a public hospital at or convenient to that port aud the seaman elects to be treated elsewhere than in that hospital, the liability of the employer in respect of the cost of medical, surgical aud hospital treatment and ambulance services shall be limited to the amount that would be payable for the treatment and services if the seaman were treated as an in-patient of that hospital or the sum oL Twenty-five One hlllldred pounds, whichever is the less.
4 (2.)

For the purposes of this section- " an1bnlance services " includes a.ny conveyance of an injured tvorkntari .
seaman to a n1edical practitioner or to a hospital ; " n1edica.l treat1nent " includes- ( a) trcatrnent by a duly qualifierl 1ncdical practitioner, a registered dentist, or a masseur ; (b) the provision of r;kiagran1s, crutches and artificial niernbcrs, artificial members and artificial replacements ; and (c) tiny nursing, n1edicincs, n1cdical or surgical supplies or curative apparatus supplied or provided for hint· an injured seaman other,visc than as a patient at a hospital ; and " hospital trcatn1ent " rneans treatment at any hospital and includes the inaintena.nce of the 1AxJrli:!1rtan an injured seaman as a patient at the hospital, ancl the provision or supply by the hospital of nursing, attendance, 1nedicines, n1edical or surgical supplies or other curative a.p})aratns, and any other ancillary service.
CLAUSE 6.-Con-IPENSATION FOR 0ER'l'AIN IN.TURIJ<Js.
5B.-(l.) Where Subject to this Act, where a seaman sustains, by accident arising out of and in the course of his employment, any of the injuries specified in the first column of the Third Schedule to this Act, the compensation payable under this Act shall, when the injury results in total or partial incapacity, incapacity other than total and permanent incapacity for work, be the amount specified in the seconu column of that Schedule opposite the specification oJ the injury in the first column, less any amount receivcrl by the seaman under the First Schedule to this ..._<\.ct, ,or by way of wages under any Act, Inq1erial Act or State Act, and less the weekly cost of niaintenance oj tlic secunan for ivhi'ch the ernployer is liable ,under a.ny such L'lct, dur1>ng any period of his total ·incapacity a·rising /roni kis injury.
(2.)
Where a seaman habitually nses his left hand and arm to perform work usually performed by seamen with the right hand and arm, the compensation payable to the seaman under this section shall be- (a) for-the loss of his left arm or any part of his left arm-- -the amonnt which would have been payable to a seaman for a similar loss in respect of his right arm or the corresponding part of his right arm ; and (b) for the loss of his right arm or any part of his right arm-the amount which would have been payable to a seaman for a similar loss in respect of his left arm or the corresponding part o!
his left arm.

(3.)

Where a seaman sustains an injury which canses the loss of the sight o!

both eyes or o!

an only useful eye, any compensation previonsly paid under this Act in respect of loss of sight shall be deducted from the compensation payable under this section.

(4.)
(4.)

Where a seaman sustains an injury which causes partial and permanent loss of the sight of one eye, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss o!

the sight of one eye as is equal to the percentage of the diminution of sight.

2005 5 (5.)
Where a seaman sustains an miury which causes partial and permanent loss of the efficent use, in and for the purposes of his employment at the date of the injury, of a part of the body (other than an eye) specified in the Third Schedule to this Act, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of that part as is equal to the pernentage of the diminution of the efficient use of that part.

(6.)
(6.)

For the purposes of this section and of the Third Schedule to this Act, the loss of a part of the body shall be deemed to include- ( a) the permanent loss of the use of that part ; and (b) the permanent loss of the efficient use of that part in and for the purposes of his employment at the date of the injury.

(7.)

For the purposes of sub-section (2.)
of this section, a seaman who habitually uses his left hand and arm to perform work usually performed by a seaman with his right hand and arm shall notify the prescribed authority of this fact in such manner as is prescribed, and, in the absence of proof to the contrary- ( a) every such notification shall be evidence that the seaman to whom it relates habitually, prior to the injury, used his left hand and arm to perform that work ; and (b) failure so to notify the prescribed authority shall be evidence that the seaman concerned habitually, prior to the injury, used his right hand and arn1 to perform that work.
J CLAUSE 7.-:NlAxIMUM COMPENSATION.

511.

Notwithstanding anything contained in this Act, a seaman shall not, in respect of personal injury caused by any one Mcident, except where the injury results in total and permanent incapacity, be entitled to receive as compensation under this Act an amount exceeding Seven httndred and fifty One thousand pounds in addition to such payments as are made under section five A of this Act.

CLAUSE 8.-AMENDMENT OF THE FIRST SCHEDULE.

FIRST SCHEDULE.
SCALE AND CONDITIONS OF COMPENSATION, (l.) The amount of compensation under this Act shall be- (a) where death results from the injury- (i) if the seaman leaves any dependants wholly dependent upon his earnings a sum equal to his earnings in the employment of the same employer during the four years next preceding the injury, or the sum of Four hundred pounds whichever of those sums is the larger, but not exceeding in any case Seve1; hundred and fifty Eight hundred pounds : Provided that the amount of any weekly pay'lnents 1nade under this Act and any lun~p sum paid in redemption thereof, shall be deducted fro·m such sum' and, if the period of the seanian's etnployment by the said etnployer ltatJ bee~.
less than the said four years, then the amount of lds earning during the said four years shall be dee1ned to be two hundred and eight timu his average weekly earning durin(l tl•e pe1·iod of his actual einploy·rnent undeTthe said employer; · 6 Provided that the amount of any weekly payments made under this Act, and any lump sum paid in redemption of those payments, shall be deducted from that sum, but so that the amount payable to the dependants upon thP.
death of the seaman shall not be less than Two hundred pounds : Provided also that, ii the period of the seaman's employment by that employer has been less than that period of four years, the amount of his earnings during that ·period shall be deemed to be two hundred and eight times his average weekly earnings during the period of his actual employment by that em.player ; (iA) in addition to any amount payable under the last preceding clause, an amount of Twenty.five pounds in respect of each child who is, at the date of the seaman's death, under the age of sixteen years and who was totally or mainly dependent upon the seaman at the date of the injury ; (ii) if the seaman does not leave any such dependants, but leaves any dependants in part dependent upon his earnings, sU:ch sum, not exceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration or proceedings under this Act, to be reasonable and proportionate to the injury to the said dependants ; and - (iii) if he leaves no dependants, the reasonable expenses of hi~ burial, not exceeding · Twenty-five pounds; (b) where total or partial incapacity for 'vork results fro1u the injury- a. weekly payment during the incapacity not exceeding two-thirds of the seaman's average weekly earnings during the preYious 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 samo eiuploycr, such 'veekly payment not to exceed Three poonds len shillings: Pro\ddcd that-- (i) where compensation is payable for incapacity for a part of a week the amount shall bear the sa.me ratio to compensation for a full week that normal working tiiuo during such p<Lrt heafs to the seaman's full normal working week ; and (ii) in the case of a seaman 'vho is under t,venty-one years oJ age at the date of the injury, and "·hose average woekly etLrnings are less than Two pounds fivo shillings, ono hundred per centum shall be
 substituted for two-thirds of his average 'veeldy earnings, but the 'vcokly pa.y1ncnt shall in no ca>10 nxe0otl One pound ten shillings ; and (c) where total incapaci'.ty for work results front the in§ury, tltere shall be added to any arnount payable weekly under the foregoing provision8 of this Schedule an amount of Seven .~hillings and sixpence per week in respect of each child, totally or 1nainly dependent upon the seam.an at the time of tlte t'.njury, who ·is ttnder the age of fourteen years, and the payment of that amount shall be continued during such h1capacity ttntil the child 1·n rcspecl of whom.
the payrnent is received attains the age of fourteen years : Provided that- ( i) if the injured ~ea-man is entitled under any Act or State Act, to the pay11ient of a weekly allowance or endowrnent in respect of any dependent chihl, the a1nount of any such weekly pay1nent shall be deducted from the weekly a11iount payable under tlds paragraph in respect of such dependent child; and · (ii) the total arnount payable in resptct of dependent cliildren shall not exceed .
'jnch an am.aunt as wouUl, wlten added to the weekly amount payable unde1· paragraph (b) of this cla1tse, exceed the aniount of tlte seaman'.~ a.t!erage tl.

!eelcly earnings.

(c1 where total incapacity for work resu1ts from the injury, there shall be added to any amount payable under sub-paragraph (b) of paragraph (1.)
of this Schedule- (i) an amount of One pound per week in respect of- fl) the wife oI the seaman ; or (2) if he has no wife, or if compensation is not payable in respect of his \vife, one female who has attained the age of twenty-one years and is ca1·iug for any child or the seaman under the age of sixteen years, or \Vho is a member of the seaman's family and is over the age of sixteen years, ii she was totally or mainly dependent on the seaman at the date of the injury ; and 2;007 7 (ii) an amount of ~ight shillings and sixpence per week in respec;it of each child who, at the date of the injury, was under the age of sixteen years and totally or mainly dependent upon the seaman ?.nd who, being under the age of sixteen years, remains so dependent.
(lA.)

Notwithstanding anything contained in sub-paragraphs (b) and (c) of paragraph (1.)

of thi• Sch_edule, no payment shall be made under those paragraphs which is in excess of the a_mowit of the weekly pay of the 'seaman at the date of the injury.
, (le:) The amount of any endowment under the Child Endowment Act 1941-1945 received by a seaman or a dependant shall not be taken into account in determiiting, for the purposes of this Schedule, whether or not any child in respect of whom the endowment is received is or was totally or mainly de.Pendent on the seaman.

(2.)
(2.)

For the purpo!les of the provisions of -this Schedule relating to "earnings " and "avera.ge weekly earnings " of a seaman, the following rules shall be observed:- (a) average weekly earnings ·shall be computed in such manner as is best calculated to give the rate per week at which the seaman was being remunerater,l and in computing such average weekly ea.rniQ.gs amounts paid by 'vay of overtime to the seaman shall be included.
Provided that where by reason of the shortness of the time during ,vhich the seall1:an has been in the employment of his employer, or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average weekly amount 'vhich, during the twelve months p_revious to the accident, 'vas being earned by a person in the same grade employed at the same 'vork by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employment; (b) where the seaman had entered into concurrent contracts of service with t'vo or moi'e · 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 Rs if his earnings under all such contracts were earnings in the employment of the e:mployer for whom he was working at the time of the accident ; (c) employment by the same employer shall be taken to mean _employment by the same/ employer in the grade in which the seaman 'va.s employed at ,the time of the accident( uninterrupted by absence from work due to illness or any other unavoidable cause; (d) where the employer has been accustom~d to pay to the seaman a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings.
(e) whore a seaman receives, as a regula1· condition of employment, board or board and lodging in addition to wages, the ca~ings of the seaman ,shall include such amount, not exceeding 'rhirty shillings per week, as is assessed as the value of the board or board and lodging.

{3.)
In fixing the amount of the weekly payment, regard shall be had to ti.ny payment, allowance, or benefit 'lvhich the seaman may receive from the employer during t.he period of his incapacity, and in the ease 'of partial incapacity the 'vcekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the seaman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident, but shall boar such relation to the amount of that.difference as under the circumstances of the case may appear proper.
(4.)

No 'veckly payment shall be payable in respect of any period during 'vhich the owne.r of the ship is under any Act, Imperial Act or State Act liable to payment of full wages to the injured seaman.

(4A.)
(4A.)

Where under any Act, Imperial Act or State Act, the emp~oyer is liable to defray the expenses of maintenance of the injured seaman, the amount of any 'veekly payment of compensation pavable to the seaman under this Schedule shall be subject to deduction of the amount of the weekly cOst of maintenance of the seaman paid by th1:1 employer;~ _.

(5.)
(5.)

Where a seaman has given notice of an accident, he shall, if so required by the employer, .\>~bmit himself for examination by a duly qualified medical practitioner provided and paid by the.

einployer, and, if he refuses to submit himself to sucih examination, or in any ·way obstructs the same, his right to compensation, and to take or prosecute any proceedings under this Act in relation to compensation, shall be suspended until such examination has taken place.

· (6.)
· (6.)

The payment in the case of death shall, unless othenvise provided in this Schedule or by the regulations, be paid to a prescribed authority, and the sum so paid shall be dealt with as prescribed for the benefit of the persons entitled thereto.
Provided that, if so agreed, the payment in case of den.th shall, if the soa1nan leaves no dependants, be made to his legal personal representative, or, if he has no such representative, to the persons to whom payments in respect of medical, surgical and hospital treatment.,_arg!J.!

!Jance services and b~i~!

~x:penses are dlle: · · · · 8 (7.)


'Vhere a weekly payment is payable under this Act to a person under any legal disability, the weekly payment shall be paid during the disability to a prescribed authority, and dealt with as prescribed for the benefit of the person entitled thereto.

(7 A.)
(7 A.)

Where any person under any legal disability is entitled to any amount of compensation under this Act in the form of a hunp sum, that amount may be paid to a trustee or trustees appointed by a committee or by an arbitrator and approved by a prescribed authority, or appointed by a Judge or a County Court, and the amount so paid shall, subject to any general or special direction of a Judge or a County Court, be held and applied by the trustee or trustees for the benefit of the person so entitled.

(8.)
(8.)

Any question as to- (a) who is a dependant; or (b) how the compensation shall be allotted among, or otherwise dealt with for the benefit of, the dependants 8hall, in default of agreement, be settled by arbitration under this Act, or by a County Court.

(9.)

'Vhere there are both total und partial dependents, nothing in this Schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

(10.)
V\'here .• on application being made to a prescribed authority that, on account of neglect of children on the part of a. widow, or on account of the variation of tho circumstances of any of the dependants, or for any other sufficient cause, an order of the Court or an award as to the apportionment amongst the several dependants of any sum paid as compensation, or as to the manner in ·which any sum pn.yablc to any dependant is to be dealt with, ought to he varied, the prescribed authority may make an application to a County Court for the variation of the order or the award.
and the County Court may make such order thereon a!'!

it thinks just.

(11.)

Any seaman receiving 'veckly payments under this Act ~hall, if so required by the employer, from time to time submit himself for examination by a duly qualified 1nedical practitioner provided and paid by the employer.

If the seaman refuses to submit himself to such examination, or in any way obstructs the exa.mination, his right to the weekly payments 8hall be suspended until the examination has ta.ken place.

(12.)
(12.)

A seaman shall not be required to submit himself for examination by a medical practitioner under the provisions of this Schedule otherwise than in accordance ·with the regulations, or at more frequent intervals than is prescribed by those regulations.

(13.)
\Vhere a sea.man has submitted himself for exa.mination by a medical practitioner, or has been examined by a medical practitioner selected by himself, and the employer or seaman, as the case may be, has within six days after such examination furnished the other with a copy of the report of that practitioner as to the seaman's condition, then, in the event of no agreement being come to between the employer and the seaman as to tho seaman's condition or fitness for employment, the prescribed authority, on applicrition being made to him by both parties, may, on payment by the applicants of such fee, not exceeding Two pounds, as is prescribed, refer the matter to a medical referee.
(14.)

The medical referee to 'vhom the matter is referred shall examine the sea.man, and shall, in accordance with the regulations, give a certificate as to the condition of the seaman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclnsi"l'e evidence as to the matters so certified.

{15.)
{15.)

'Vhere no agreement can be come to between the employer and the seaman as to whether or to what extent the incapacity of the seaman is due to the accident, the provisions of this Schedule relating to reference to and exan1ination and certificate by a medical referee shall, subject to the regulations, apply as if the question were a question as to the condition of the seaman.

(16.)
(16.)

If a seaman refuses to submit himself for exa.mination by a medical referee, u.s provided in this Schedule, or in any 'vay Obstructs the examination, his right to compensation and to take or prosecute any proceedings under this Act in relation to compensation, or, in the case of a seaman in receipt of a.

'.veekly p1;ty1nent, his right to that weekly payment, shall be suspended until the examination has taken· place.

(17.)
Any weekly payment may be reviewed in the prescribed manner a.t the request either of the employer or of the sea.man, and on such review may be ended, diminished, or increased, subject to the maximum above provided : Provided that 'vhere the seaman was at the date of the accident under twenty-_one years of .age and the revie'v takes place more than twelye months after the accident, the amount of the 'veekly payment may be increased to any amount not exceeding two-thirds of the weekly sum which the seaman would probably have been earning at the date of the review if he hnd remained uninjured 1 but not in any case exceeding Three pounds tell shilHngs.
~--- 2009 9 (18.)

VVhere any 'veekly payment has been continued for not less than six months, the liability therefor may, at the option of the employer, but subject to the regulations, be redeemed by the payment of a lump sum of such an amount as, where the incapacity is permanent, would, if invested in the purchase of an immediate life annuity, purchase an ani:J.uity for the seaman equal to seventy five per cent.
of the annual value of the \\'eekly payment, and as in any other case is settled by arbitration under this Act, or by a County Court, and such lump ~um may be ordered by the committee or arbitrator.

or Judge of the County Court to be paid to a prescribed authority to be invested or otherwise applied for the benefit of the person entitled thereto : Provided that nothing in this paragraph shall be construed as preventing agreements being made for the redemption of a 'veekly payment by a lump sum.

(18A.)
(18A.)

The last preceding paragraph shall not apply in any case where the incapacity is total and permanent.

(19.)

If a seaman receiving a 'veekly payment ceases to reside in Australia, he shall cease to be entitled to receive any ,veekly payment, unless a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature.
If the medical referee so certifies, the seaman shall be entitled to receive quarterly the amount of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as are prescribed, his identity and the continuance· of the incapacity in respect of which the weekly payment is payable.

(20.)
(20.)

A11y amount paid in compensation under this Act, whether by way of 'veekly payment or sum paid in redemption thereof, or lump sum payment for a specific inJury fixed in accordance 'vith the Third Schedule to this Act, shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of Ja,v, nor shall any claim be set off against it.

{21.)
{21.)

Where under this Schedule a right to compensation is suspended, no compensation Shall be payable in respect of the period of suspension.

CLAUSE 9.-THE THIRD SCHEDULE.

THIRD SCHEDULE.

Compe'11.

'!ation for Specified lnjuriM.

~~~~~~~~~~~-'-~~~~~~~~~~~~~; NatUre of Injury.

Ariwunt Payable.
Ariwunt Payable.

Loss of both eyes Loss of an only eye Loss of both hands Loss of both feet Loss of a hand and a foot Total and .incurable loss of mental powers Total and incurable paralysis of lfrnbs or mental powers Loss of either arm, or o.f the greater part thereof .

.
.

Loss of one eye, with seriou.s dimint1.tion of the sight of tM other Loss of lower part of either ann, either hand, or five fingers of either hand Loss of leg Loss of hearing Loss of the lower part of a leg Loss of a foot L9ss of sight of one eye* Loss of a thumb Complete deafness of one ear Loss of a forefinger .. [Joss of part of a thumb .-;Loss of little finger, middle finger or ring finger <:.Loss of a toe or the joint of a finger .. · .

.

.

.
.

.

.

.. .. Loss of a joint of a toe £ 8. d. }· • !1'or the partial Wss of the sight of one eye, "there shall be payable such percentage of the amount that U"ould be payable for the total loss of tlrn siglit thereof as i.~ equal to tlw per,.entage of the diminution Qf sight.
For ~he purposes of this Schedule, the loss o.f a specified part of the body shall be deemed to include (a) the loss of the use of that part; and (b) the loss of the efficient use of that part in and for the purposes of lds eniploynwnt: Provided that in the latter case a percentage of the prescribed arnoitnt _payable, equa~ to the percentage of the di1ninution of the full efficient use as aforesaid, may be awarded 1'.n lieu of the f1tll a?nount.

F.4363.-2 10 THIRD SCHEDULE.


Compensation for Specifiec1 Injuries.

Nature of Injury.
Loss of both eyes Los5 of both hands Loss of both feet Loss of hand and foot •rotal and incurable loss of mental powers, involving inability to "'Ork Total and incurable paraiysis of limbs or mental powers .. Loss of sight oi one eye Loss oi sight of an only useful eye, the othei' bellig blind or alment Loss oi one eye, with serious diminution of the sight of the other .. J .. oss o~ hearing Com1Jlete dearness of one ear Loss of right arm or greater part thereof Loss of left arm or greater IJart thereof Loss of lowe:;: part of right arm, right hand or five fingers of right hand Loss of lower part of leI.t arm, lefi; ha_nd or five fingers of Izit :hand Loss of leg above knee Loss of leg below knee Loss of foot Loss of right thurob Loss of left thumb .. Loss of right :forefinger Loss of left forefinger Loss of right little finger, middle finger or ring finger · Loss of left little fulger, middle :til1ger or ring finger Loss of phalanx of right thumb Loss of phalanx of left thumb .
.

Lons of portion oI ternrinal segment cl right thumb, involving one third of its fiexor .

.

surface \vithout loss of phalanx surface vdthout loss of phalanx Loss of portion of ter1uinal se;;,ment of left thumb, involving one third of its flexor Loss of total movement of joint or right thumb Loss of total movement of joint of !e:It thumb Loss of tw·o phalanges or joints of finger of right hand Loss of two phalanges or joints of finger oi left hand Loss of phalanx or joint of finger oI right hand Loss o!
phalanx or joint of finger of leH hand Loss of great toe Loss of phalanx or joint of great toe Loss of any other toe Loss of t\vo phalanges or joints of any other toes Loss of phalanx or joint of any other toe .. .. , CLAUSE 10.-1\.l\lENDl\:IENT OF THE FOURTH SCHEDULE.

FOUR'l'H SCHEDULE.

DESCltIPTIO:K OF DISEASE.

Amount Payable.


£ s. d. }·· 0 0 400 0 0 8GO 0 0 675 0 0 640 0 0 200 0 0 '( Lead poisoning.

Poisoning by henzol or its hon1ologucs.

Poisoning by carbon monoxide.

Dermatitis produced by oil or grease or dust or caustic or corrosive liquids.

Pneumonia. '

Pleurisy.


Any infectious_ di.sense contracted by emrlc.

:;,·ment ir,voJving ccntact v;Hh tl:.e infedicl1s sources of the disease.

By .J•._uthority: L. F. Jonl\STON, Connnouwca1th GoYenuneut l'riuh'r, l'anbei·ra.

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