Nothing in section 13 or section 14 of this Act shall be construed to prevent a worker from recovering compensation under this Act from the contractor instead of the principal. For the purposes of determining who were the members of the family of a worker who were wholly or partially dependent on the earnings of the worker, a posthumous child of the worker referred to in subsection (1) of this section is deemed to have been born to be before the death of the worker. An appeal shall lie to the Full Industrial Court from any order or decision of the Court.
Where, according to this law, the right to compensation is suspended, no ~~;:~~:~n e. weekly payments will be paid in respect of the period of suspension. For the purposes of subsection (2) of this section, in calculating the amount of the worker's average weekly earnings before the injury, account must be taken of the changes in average weekly earnings that would apply to the worker if he had continued. in the same employment.
PART V
PART VI
Section 36, subsection 4. An employee may not independently of this Act initiate or continue any compensation action against his employer for any damage-. (a) after he has obtained an order against his employer under which his employer is liable under this Act for the same injury. 36 the hearing of the case may be stayed, and the court before which the case is heard shall, if either party so desires, proceed to fix such compensation, but may deduct all or part of the costs which, in its discretion is held. caused by the plaintiff suing instead of following this Act. 3). In any proceeding under this section, the court before which the proceeding is heard shall assess the damages, give a certificate of the damages awarded by it and the directions it has given as to the deduction of costs, and such certificate shall have validity and effect of a judgment of the Court under this Act.
If a claim for compensation has already been made by the claimant in respect of the injury under any law other than the law of this State, and compensation is recovered under that claim, compensation under this law shall not be allowed to the claimant, nor shall any person who has such a claim under any such law claim under this law, unless he declares in writing that he has not sought and will not seek compensation or damages for the injury under any such law.
PART VII
36 (c) is owned by any person or body corporate whose head office or place of business in relation to the management of such ship is in the State, or is held by such person or body corporate by virtue of a charter; . The application of this law in respect of an injury arising Modific:atiODS. to a wor an emp oye on a out ustra lan s lp, which e ne III ofacadents to. § 88 of this Act, is subject to the following amendments seamen. a) the report of damage and the claim for compensation may, unless the injured person is the master, be served on the master of a ship as if he were the employer, but where the damage occurred and the incapacity began on board. the ship, it shall not be necessary to give notice of the damage. 36 (/) Section 154 of the Navigation Act 1912 of the Commonwealth, as amended, (relating to recovery of wages due to deceased seamen) as applied by section 127 of the Marine Act, 1936, as amended, shall apply. in respect of proceedings for the recovery of compensation from the next of kin of a workman lost with his ship, as it applies in respect of proceedings for the recovery of wages to seamen and apprentices; and proceedings for the recovery of compensation shall in that case be maintainable if the claim is made within eighteen months of the date on which the ship is deemed by all hands to have been lost.
PART VIII
The amount of compensation is calculated with :-~=::iOD. reference to the employee's earnings under the employer from calculated. to whom compensation can be claimed. The employer to whom notification of death or injury must be ~~~~t~. given must be the employer who last employed the worker in t1ae to be given. employment, of the nature of which the illness was caused, and the termination may be given regardless of the fact that the worker has voluntarily left his job. 34;silicosis" includes fibroid phthisis or silicosis of the lungs or the disease accompanying tuberculosis or any other disease of the pulmonary or respiratory organs caused by exposure to silica dust:.
The compensation shall be paid to or for the benefit of the worker or, in the event of his death, to or for the benefit of his next of kin. The amount of compensation payable on the invalidity or death of an employee to whom a scheme under this Part applies shall be the same as would be payable under the provisions of this Act if such invalidity or death had been a result of personal injury or in connection with the employment of such a worker. The next of kin have the right to compensation in the event of death. of any worker to whom an arrangement under this Part applies shall 0 epen anu. be the persons who would be entitled to compensation under this Act if such death is caused. personal injury arising out of or in connection with such worker's employment.
Post lehomeaand clilaJJowance at ParlilllDent. ii) to provide information regarding your previous employment or medical history;. h) to make the right to compensation of any worker covered by the scheme conditional upon compliance with any requirement by the scheme; (i) for the temporary exclusion from employment in any trade or process specified in the scheme of any worker who is at any time found to be suffering from silicosis or who fails to comply with such requirements at the first medical examination under the scheme in terms of figure as may be prescribed by the scheme;. j) for the application with or without modification of any provision of this Act and for defining the industries or processes to which the scheme applies and generally for such further or additional matters, including provisions for the settlement of disputes arising between employers and the Authority, which administers the fund as may be deemed necessary or desirable for the full effect of the scheme. The provisions of any scheme contained in this Part may be extended or modified by any further scheme made in like manner, and shall have effect for all purposes as if adopted in this Parf, and such further scheme shall only provide for extensions or modifications of the scheme, which expands or modifies it.
PART X
For the purposes of this section, the Governor shall, on nomination by the Council of the South Australian Branch of the Australian Medical Association, appoint not less than six legally qualified medical practitioners to the panel of medical referees to form the Review Panels. be formed from time to time under this section as may be necessary. A person who is appointed to a casual vacancy on the board shall serve only until the end of the term of office of the person in whose place he was appointed. If a reference to the Audit Committee pursuant to this Section is a decision in favor of the Employee, the Employee shall be entitled to be paid by Smelting Company the amount of any transportation and travel expenses reasonably incurred by the Employee for the purposes of appearing before the Audit Committee.
Notwithstanding any other provisions of this Act relating to the time for taking proceedings, proceedings for the recovery of compensation in respect of an illness shall not be maintainable unless the claim for compensation is instituted within twelve months from the time the worker left voluntarily or otherwise. the service of the Smelting Company. Where a right to compensation is suspended under this Part, no compensation is payable in respect of the period of suspension. In any suit to recover such compensation, the person giving security may be made the defendant, and the production of the order of the Judge made in respect of the security shall be conclusive evidence of the liability of the defendant to the proceedings.
Where for the purpose of filing a claim for damages. under this law, a workman or a representative of the workman to be supplied. requests any person to provide, to the best of his knowledge, information concerning the identity of an employer or former employer of the workman, such person shall not refuse or fail to promptly provide such information to the workman or his representative. Cb) the employer has breached or failed to comply with any term, condition or warranty of the policy; 36 (2) The Registrar shall, on application duly made in writing, issue such certificate referred to in subsection (1) of this section under the seal of the Court.
Much of the second schedule of the Statute Law Revision Act, 1935, concerns the amendment of the Workmen's Compensation Act, 1932.
