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WORKERS' COMPENSATION (CONSEQUENTIAL AMENDMENTS) ACT 1991 (NO. 106 OF 1991) - SCHEDULE

SCHEDULE Section 3

AMENDMENT OF ACTS

Ambulance Service Levy Act 1990

Paragraph 12 (2) (a)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Annual Holidays Act 1973

Subsection 2 (1) (definitions of “agreement” and “award” and paragraph (b) of the definition of “shift-worker”)—

Omit “ Conciliation and Arbitration Act 1904-1972”, substitute “ Industrial Relations Act 1988 ”.

Paragraph 4 (2) (a)—

Omit “ Workmen's Compensation Act 1951-1973”, substitute “ Workers' Compensation Act 1951 ”.

Blood Donation (Acquired Immune Deficiency Syndrome) Act 1985

Section 2 (definition of “prescribed action”)—

Omit “ Compensation (Commonwealth Government Employees) Act 1971 of the Commonwealth or the Workmen's ”, substitute “ Commonwealth Employees Rehabilitation and Compensation Act 1988 of the Commonwealth or the Workers' ”.

Children's Services Act 1986

Subsection 59 (1) (definition of “Compensation Act”)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Paragraph 59 (2) (b)—

(a) Omit “paragraph (d)”, substitute “paragraphs (b) and (c)”.

(b) Omit “workman”, substitute “worker”.

Paragraph 59 (2) (c)—

(a) Omit “the First Schedule”, substitute “Schedule 1”.

(b) Omit “an amount equal to the sum first mentioned in subparagraph (b)”, substitute “the amount referred to in subparagraph (b) (i)”.

Paragraph 59 (2) (d)—

Omit “the First Schedule”, substitute “Schedule 1”.

Subsection 59 (3)—

(a) Omit “the provisions of paragraph 1A in the First Schedule”, substitute “clause 1A of Schedule 1”.

(b) Omit “sub-paragraph”, substitute “paragraph”.

Credit Act 1985

Section 9—

Omit “workman within the meaning of the Workmen's ”, substitute “worker within the meaning of the Workers' ”.

Law Reform (Miscellaneous Provisions) Act 1955

Section 28—

Omit “any of the provisions of the Workmen's Compensation Act 1951-1952”, substitute “the Workers' Compensation Act 1951 ”.

Long Service Leave (Building and Construction Industry) Act 1981

Subsection 3 (1) (definitions of “agreement” and “award”)—

Omit “ Conciliation and Arbitration Act 1904”, substitute “ Industrial Relations Act 1988 ”.

Paragraph 42 (2) (b)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Subparagraphs 57 (1) (b) (i) and (ii)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Magistrates Court Act 1930

Paragraph 54A (5A) (v)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Magistrates Court (Civil Jurisdiction) Act 1982

Paragraphs 4 (c) and 83 (1) (c)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Subsections 307A (1) and (2)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Motor Traffic Act 1936

Paragraph 54 (2) (a)—

Omit “ Workmen's Compensation Act 1946 ”, substitute “ Workers' Compensation Act 1951 ”.

Noise Control Act 1988

Paragraph 38 (1) (b)—

(a) Omit “ Compensation (Commonwealth Government Employees) Act 1971 ”, substitute “ Commonwealth Employees Rehabilitation and Compensation Act 1988 ”.

(b) Omit “ Workmen's ”, substitute “ Workers' ”.

Public Trustee Act 1985

Paragraph 25 (3) (a)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Subparagraph 25 (8) (b) (i)—

(a) Omit “ Workmen's ”, substitute “ Workers' ”.

(b) Omit “paragraph 9A of the First Schedule”, substitute “clause 9A of Schedule 1”.

Remand Centres Act 1976

Subsection 21A (1) (definition of “Compensation Act”)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Paragraph 21A (2) (b)—

(a) Omit “paragraph (d)”, substitute “paragraphs (b) and (c)”.

(b) Omit “workman”, substitute “worker”.

Paragraph 21A (2) (c)—

(a) Omit “clause” (wherever occurring), substitute “subparagraph”.

(b) Omit “the First Schedule”, substitute “Schedule 1”.

(c) Omit “an amount equal to the sum first mentioned in sub-paragraph (b)”, substitute “the amount referred to in subparagraph (b) (i)”.

Paragraph 21A (2) (d)—

Omit “clauses 2 (b) (i) and (ii) of the First Schedule”, substitute “subparagraphs 2 (b) (i) and (ii) of Schedule 1”.

Subsection 21A (3)—

(a) Omit “the provisions of paragraph 1A in the First Schedule”, substitute “clause 1A of Schedule 1”.

(b) Omit “sub-paragraph”, substitute “paragraph”.

Supervision of Offenders (Community Service Orders) Act 1985

Subsection 10 (1) (definition of “Compensation Act”)—

Omit “ Workmen's ”, substitute “ Workers' ”.

Paragraph 10 (2) (b)—

(a) Omit “paragraph (d)”, substitute “paragraphs (b) and (c)”.

(b) Omit “workman”, substitute “worker”.

Paragraph 10 (2) (c)—

(a) Omit “the First Schedule”, substitute “Schedule 1”.

(b) Omit “an amount equal to the sum first mentioned in sub-paragraph (b)”, substitute “the amount referred to in subparagraph (b) (i)”.

Paragraph 10 (2) (d)—

Omit “the First Schedule”, substitute “Schedule 1”.

Subsection 10 (3)—

(a) Omit “the provisions of paragraph 1A in the First Schedule”, substitute “clause 1A of Schedule 1”.

(b) Omit “sub-paragraph”, substitute “paragraph”.

Workmen's Compensation Supplementation Fund Act 1980

Long title—

(a) Omit “Workmen's”, substitute “Workers' ”.

(b) Omit “workmen's”, substitute “workers' ”.

Section 1—

Omit “ Workmen's ”, substitute “ Workers' ”.

Section 2—

(a) From the definition of “employer” omit “Workmen's”.

(b) From the definition of “employer's policy”—

(i) omit “18 of the Workmen's”, substitute “17B of the”; and

(ii) omit “workman employed by him”, substitute “worker employed by the employer”.

(c) From the definition of “Fund” omit “Workmen's”, substitute “Workers' ”.

(d) Omit the definition of “insurer”, substitute the following definition:

“ ‘insurer' means an approved insurer within the meaning of the Compensation Act;”.

(e) Omit the definitions of “Commonwealth Companies Act”, “workman” and “Workmen's Compensation Act”.

(f) Insert the following definitions:

“ ‘Compensation Act' means the Workers' Compensation Act 1951 ;

‘worker' has the same meaning as in the Compensation Act.”.

Heading to Part II—

Omit “ WORKMEN'S ”, substitute “ WORKERS' ”.

Subsections 3 (1) and (4)—

Omit “Workmen's”, substitute “Workers' ”.

Subsections 23 (1) and (2)—

(a) Omit “subsection 18 (2)”, substitute “section 17C”.

(b) Omit “Workmen's”.

Paragraph 26 (1) (a)—

(a) Omit “his” (wherever occurring), substitute “the employer's”.

(b) Omit “Workmen's”.

(c) Omit “workman employed by him”, substitute “worker employed by the employer”.

Paragraph 26 (2) (a)—

(a) Omit “Workmen's”.

(b) Omit “workman employed by him”, substitute “worker employed by the employer”.

Subsection 26 (5)—

Omit the subsection, substitute the following subsection:

“(5) For the purpose of this section—

‘compensation' includes an amount in settlement of a claim for compensation.”.

Paragraph 30 (2) (a)—

Omit “to which his appointment relates”.

Paragraph 30 (2) (b)—

Omit “Workmen's”.

Paragraphs 30 (2) (d) and 31 (1) (b)—

After “his”, insert “or her”.

Subsection 31 (2)—

After “his”, insert “or her”.

Sections 32 and 34—

After “he”, insert “or she”.

Section 39—

(a) After “his”, insert “or her”.

(b) Omit “377 of the Commonwealth Companies Act, substitute “477 of the Corporations Law”.

Paragraph 39 (a)—

(a) Omit “377 of that Act”, substitute “477 of that Law”.

(b) Omit “authority” (wherever occurring), substitute “approval”.

Paragraph 39 (b)—

(a) Omit “441”, substitute “556”.

(b) Omit “377 (1) (b) of that Act”, substitute “477 (1) (b) of that Law”.

Subsections 40 (1) and (2)—

Omit “441 of the Commonwealth Companies Act”, substitute “556 of the Corporations Law”.

[Presentation speech made in Assembly on 28 November 1991]

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