1979
1979
2011-07-08
act
publicspecial
act.reprint
act-2002-023
allinforce
2011-07-08
act-2011-027
none
act-1979-116
0c8f6477-9d20-4fee-885d-36d4a2c4613d
6c909c97-3804-40ec-bbce-2a880c0307a7
Repeal:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011
No 27 with effect from 8.7.2011.
An Act to make special provisions with respect to
the payment of workers’ compensation to certain workers having or
suspected of having brucellosis; to establish a Brucellosis Compensation Fund;
to provide for the payment of contributions to that Fund by certain employers
and for the reimbursement out of that Fund of certain compensation paid to
those workers; to make provisions for or with respect to the medical
examination of those workers; and for certain other
purposes.
Part 1Preliminary
1Name of
Act
This Act may be cited as the Workers’ Compensation (Brucellosis) Act
1979.
2Principal
Act
(1)
The Workers’ Compensation Act
1926 is referred to in this Act as the Principal
Act.
(2)
Except in so far as a contrary intention appears,
this Act shall be construed with, and as part of, the Principal
Act.
(3)
After the repeal of the Principal Act, a
reference in this Act to a provision of that Act shall be construed as a
reference to the corresponding provision of the Workers Compensation Act
1987.
s 2: Am 1987 No 79,
Sch 1.
3
s 3: Am 1984 No 91,
Sch 1 (1). Rep 1999 No 31, Sch 5.115.
4Interpretation
(1)
In this Act, except in so far as the context or
subject-matter otherwise indicates or requires:
abattoir means an abattoir licensed
as such under the Meat Industry Act
1978.
authorised medical practitioner
means a medical practitioner for the time being appointed by the Health
Commission of New South Wales under section 32.
Board means the State Compensation
Board constituted under the Principal Act.
employer means an employer within
the meaning of the Principal Act who is:
(a)
an employer who is specified or described in
Column 1 of Schedule 1, or
(b)
an employer who is a member of a class of
employers specified or described in Column 1 of Schedule
1.
Fund means the Brucellosis
Compensation Fund established under this Act.
Institute means the Institute of
Clinical Pathology and Medical Research operated by the Health Commission of
New South Wales.
Insurance
Premiums Committee means the Insurance Premiums Committee
constituted under the Principal Act.
insurer, in relation to an employer,
means the insurer from whom the employer has obtained a policy of insurance or
indemnity for the purposes of the Principal Act.
regulation means a regulation under
this Act.
rule means a rule made by the Board
under this Act.
slaughter-house means a
slaughter-house licensed as such under the Meat Industry Act
1978.
worker means a worker within the
meaning of the Principal Act who is a member of a class of workers specified
or described in Column 2 of Schedule 1.
(2)
Wherever, under this Act, something is required
to be:
(a)
done by the Institute—that thing shall be
done by the person for the time being in charge of the Institute or a person
acting on his behalf or at his direction, or
(b)
sent to, or be done by, an authorised medical
practitioner—that thing may be sent to, or be done by, as the case may
require, an authorised medical practitioner acting in his
place.
s 4: Am 1984 No 91,
Sch 1 (2); 2002 No 23, Sch 1.12.
pt 2: Rep 1979 No
116, sec 41.
Parts 2–5
5–38
s 5: Am 1984 No 91,
Sch 2 (1). Rep 1979 No 116, sec 41.
s 6: Am 1984 No 91,
Sch 2 (2). Rep 1979 No 116, sec 41.
s 7: Am 1984 No 91,
Sch 2 (3); 1986 No 177, Sch 1 (1). Rep 1979 No 116, sec 41.
s 8: Am 1984 No 91,
Sch 2 (4); 1986 No 177, Sch 1 (2). Rep 1979 No 116, sec 41.
s 9: Am 1984 No 91,
Sch 2 (5). Rep 1979 No 116, sec 41.
pt 3: Rep 1979 No
116, sec 41.
s 10: Rep 1979 No
116, sec 41.
s 11: Rep 1979 No
116, sec 41.
s 12: Am 1984 No 91,
Sch 3 (1). Rep 1979 No 116, sec 41.
s 13: Rep 1979 No
116, sec 41.
s 14: Am 1984 No 91,
Sch 3 (2). Rep 1979 No 116, sec 41.
ss 15–17: Rep
1979 No 116, sec 41.
s 18: Am 1984 No 91,
Sch 3 (3). Rep 1979 No 116, sec 41.
s 19: Rep 1979 No
116, sec 41.
s 20: Rep 1979 No
116, sec 41.
s 21: Am 1984 No 91,
Sch 3 (4). Rep 1979 No 116, sec 41.
s 22: Am 1984 No 91,
Sch 3 (5). Rep 1979 No 116, sec 41.
s 23: Am 1984 No 91,
Sch 3 (6). Rep 1979 No 116, sec 41.
s 24: Am 1984 No 91,
Sch 3 (7). Rep 1979 No 116, sec 41.
s 25: Am 1984 No 91,
Sch 3 (8). Rep 1979 No 116, sec 41.
pt 3, div 4, hdg: Am
1984 No 91, Sch 3 (9). Rep 1979 No 116, sec 41.
s 26: Am 1984 No 91,
Sch 3 (10). Rep 1979 No 116, sec 41.
s 27: Am 1984 No 91,
Sch 3 (11). Rep 1979 No 116, sec 41.
pt 4, hdg: Am 1984 No
91, Sch 4 (1). Rep 1979 No 116, sec 41.
pt 4: Rep 1979 No
116, sec 41.
s 28: Am 1984 No 91,
Sch 4 (2). Rep 1979 No 116, sec 41.
s 29: Am 1984 No 91,
Sch 4 (3). Rep 1979 No 116, sec 41.
s 30: Am 1984 No 91,
Sch 4 (4). Rep 1979 No 116, sec 41.
s 31: Am 1984 No 91,
Sch 4 (5). Rep 1979 No 116, sec 41.
pt 5: Rep 1979 No
116, sec 41.
s 32: Rep 1979 No
116, sec 41.
s 33: Am 1984 No 91,
Sch 5 (1). Rep 1979 No 116, sec 41.
s 34: Rep 1979 No
116, sec 41.
s 35: Rep 1979 No
116, sec 41.
s 36: Am 1984 No 91,
Sch 5 (2). Rep 1979 No 116, sec 41.
s 37: Am 1984 No 91,
Sch 5 (3). Rep 1979 No 116, sec 41.
s 38: Rep 1984 No 91,
Sch 5 (4).
Part 6Duration of
Act
39Saving
(1)
(2)
Any certificate issued as referred to in a
provision of this Act and:
(a)
in force immediately before the date of the
repeal of that provision effected by section 41 as in force before the
commencement of the Workers’ Compensation (Brucellosis) Revival and
Amendment Act 1986, or
(b)
in force immediately before the date of the
repeal of that provision effected by section 41 as in force after that
commencement,
shall continue to have force and effect as if that
repeal had not been effected.
s 39: Subst 1986 No
177, Sch 1 (3). Am 1987 No 48, Sch 32.
40Winding up of the
Fund
(1)
Any money remaining in the Fund as at the date of
the repeal effected by section 41, not being money required to pay any claims
arising under this Act before that date, shall be refunded to the employers
who have contributed to the Fund, or to such of those employers as the
Insurance Premiums Committee determines, according to a formula determined by
the Insurance Premiums Committee and approved by the
Minister.
(2)
Subsection (1) does not apply, and shall be
deemed never to have applied, in respect of the repeal effected by section 41
as in force before the commencement of the Workers’ Compensation
(Brucellosis) Revival and Amendment Act
1986.
s 40: Am 1986 No 177,
Sch 1 (4).
41Repeal of provisions of
Act
On and from 1 July 1988 this Act, Part 1 and this
Part excepted, is repealed.
s 41: Subst 1986 No
177, Sch 1 (5).
Schedule 1
sch 1: Rep 1979 No
116, sec 41.
Historical
notes
Table of amending
instruments
Workers’
Compensation (Brucellosis) Act 1979 No 116. Assented to
12.10.1979. This Act has been amended by sec 41 and as follows:
1984
No
91
Workers’ Compensation
(Brucellosis) Amendment Act 1984. Assented to
28.6.1984.
Date of commencement, secs 1 and 2 excepted, 3.12.1984,
sec 2 (2) and GG No 167 of 30.11.1984, p 5791.
1986
No
177
Workers’
Compensation (Brucellosis) Revival and Amendment Act 1986.
Assented to 17.12.1986.
1987
No
48
Statute Law (Miscellaneous Provisions)
Act (No 1) 1987. Assented to 28.5.1987.
Date of commencement of Sch 32, except as provided by
sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p
4809.
No
79
Miscellaneous Acts (Workers
Compensation) Amendment Act 1987. Assented to
10.6.1987.
Date of commencement of Sch 1, 30.6.1987, sec 2 (2) and
GG No 102 of 17.6.1987, p 2944.
1999
No
31
Statute Law
(Miscellaneous Provisions) Act 1999. Assented to
7.7.1999.
Date of commencement of Sch 5, assent, sec 2
(1).
2002
No
23
Compensation
Court Repeal Act 2002. Assented to 21.6.2002.
Date of commencement of Sch 1.12, 1.1.2004, sec 2
(2).
Table of
amendments
Sec
2
Am 1987 No
79, Sch 1.
Sec
3
Am 1984 No
91, Sch 1 (1). Rep 1999 No 31, Sch 5.115.
Sec
4
Am 1984 No
91, Sch 1 (2); 2002 No 23, Sch 1.12.
Part
2
Rep 1979 No
116, sec 41.
Sec
5
Am 1984 No
91, Sch 2 (1). Rep 1979 No 116, sec 41.
Sec
6
Am 1984 No
91, Sch 2 (2). Rep 1979 No 116, sec 41.
Sec
7
Am 1984 No
91, Sch 2 (3); 1986 No 177, Sch 1 (1). Rep 1979 No 116, sec
41.
Sec
8
Am 1984 No
91, Sch 2 (4); 1986 No 177, Sch 1 (2). Rep 1979 No 116, sec
41.
Sec
9
Am 1984 No
91, Sch 2 (5). Rep 1979 No 116, sec 41.
Part
3
Rep 1979 No
116, sec 41.
Secs 10,
11
Rep 1979 No
116, sec 41.
Sec
12
Am 1984 No
91, Sch 3 (1). Rep 1979 No 116, sec 41.
Sec
13
Rep 1979 No
116, sec 41.
Sec
14
Am 1984 No
91, Sch 3 (2). Rep 1979 No 116, sec 41.
Secs
15–17
Rep 1979 No
116, sec 41.
Sec
18
Am 1984 No
91, Sch 3 (3). Rep 1979 No 116, sec 41.
Secs 19,
20
Rep 1979 No
116, sec 41.
Sec
21
Am 1984 No
91, Sch 3 (4). Rep 1979 No 116, sec 41.
Sec
22
Am 1984 No
91, Sch 3 (5). Rep 1979 No 116, sec 41.
Sec
23
Am 1984 No
91, Sch 3 (6). Rep 1979 No 116, sec 41.
Sec
24
Am 1984 No
91, Sch 3 (7). Rep 1979 No 116, sec 41.
Sec
25
Am 1984 No
91, Sch 3 (8). Rep 1979 No 116, sec 41.
Part 3, Div
4, heading
Am 1984 No
91, Sch 3 (9). Rep 1979 No 116, sec 41.
Sec
26
Am 1984 No
91, Sch 3 (10). Rep 1979 No 116, sec 41.
Sec
27
Am 1984 No
91, Sch 3 (11). Rep 1979 No 116, sec 41.
Part 4,
heading
Am 1984 No
91, Sch 4 (1). Rep 1979 No 116, sec 41.
Part
4
Rep 1979 No
116, sec 41.
Sec
28
Am 1984 No
91, Sch 4 (2). Rep 1979 No 116, sec 41.
Sec
29
Am 1984 No
91, Sch 4 (3). Rep 1979 No 116, sec 41.
Sec
30
Am 1984 No
91, Sch 4 (4). Rep 1979 No 116, sec 41.
Sec
31
Am 1984 No
91, Sch 4 (5). Rep 1979 No 116, sec 41.
Part
5
Rep 1979 No
116, sec 41.
Sec
32
Rep 1979 No
116, sec 41.
Sec
33
Am 1984 No
91, Sch 5 (1). Rep 1979 No 116, sec 41.
Secs 34,
35
Rep 1979 No
116, sec 41.
Sec
36
Am 1984 No
91, Sch 5 (2). Rep 1979 No 116, sec 41.
Sec
37
Am 1984 No
91, Sch 5 (3). Rep 1979 No 116, sec 41.
Sec
38
Rep 1984 No
91, Sch 5 (4).
Sec
39
Subst 1986
No 177, Sch 1 (3). Am 1987 No 48, Sch 32.
Sec
40
Am 1986 No
177, Sch 1 (4).
Sec
41
Subst 1986
No 177, Sch 1 (5).
Sch
1
Rep 1979 No
116, sec 41.