Western Australia
Miner’s Phthisis Act 1922
Reprint 1: The Act as at 14 March 2003
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Reprinted under the Reprints Act 1984 as |
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at 14 March 2003 |
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Western Australia
Miner’s Phthisis Act 1922
CONTENTS
1.Short title1
2.Interpretation1
3.Appointment of officers1
4.Medical examination2
5.Duty of employers2
6.Penalty for obstruction of officers3
7.Reports3
8.Employment of miners suffering from tuberculosis may be prohibited3
9.Compensation5
9A. Application of Act to persons employed within 3 months7
10.Interpretation7
11.Regulations7
Notes
Compilation table9
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Reprinted under the Reprints Act 1984 as |
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at 14 March 2003 |
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Western Australia
Miner’s Phthisis Act 1922
An Act relating to miner’s phthisis.
This Act may be cited as the Miner’s Phthisis Act 1922, and shall come into operation on a date to be fixed by proclamation 1.
In this Act —
“employer” means any person (including a body corporate) by whom or on whose behalf any other person is employed to work on, in, or about a mine, and the term includes an agent or manager of an employer;
“Mine” and “mining” have the same meaning as in the Mining Act 1904 2;
“Minister” means the Minister for Mines 3, or other responsible Minister of the Crown charged for the time being with the administration of this Act
The Minister may employ such Government medical officers and medical practitioners as he
(1)It shall be the duty of every person occupied or employed in mining operations on, in, or about any mine to submit himself
(2)Any person occupied or employed on, in, or about a mine who fails, when required as aforesaid
Penalty: $100.
(3)After every medical examination or re‑examination of any person under this section, if such person is found not to be suffering from tuberculosis, he
[Section 4 amended by No. 113 of 1965 s. 8(1).]
Every employer of persons engaged in mining operations shall —
(a)furnish to a medical officer or medical practitioner appointed as aforesaid
(b)afford to all persons so employed by him
(c)permit any medical officer or medical practitioner appointed as aforesaid
Penalty: $100.
[Section 5 amended by No. 113 of 1965 s. 8(1).]
6.Penalty for obstruction of officers
Any employer, and any person employed on, in, or about a mine, who resists, hinders, or obstructs a medical officer or medical practitioner in the exercise and performance of his
Penalty: $100.
[Section 6 amended by No. 113 of 1965 s. 8(1).]
(1)It shall be the duty of every medical officer and medical practitioner appointed under this Act from time to time to report in writing to the Minister as prescribed.
(2)In any report under this Act which may be published or open to public inspection, the names of the persons who may have submitted themselves to medical examination shall not be disclosed.
8.Employment of miners suffering from tuberculosis may be prohibited
(1)If a medical officer or practitioner appointed under this Act reports in writing to the Minister that a person therein‑named is suffering from tuberculosis and engaged in mining operations, the Minister may, by notice in the prescribed form served on such person and his
(2)If, after service of such notice, the person to whom the notice relates is employed on, in, or about a mine, or part of the mine to which this section applies, such person and his
Penalty: $100.
Provided that the person on whom such notice has been served may, within 14 days after the service of the notice, appeal therefrom by notice in writing given to the Minister, such notice having annexed thereto a certificate in writing signed by a practitioner registered under the Medical Act 1894, that in the opinion of such practitioner the appellant is not suffering from tuberculosis.
(3)The appeal shall be heard and determined by a Board consisting of the Principal Medical Officer, or a deputy appointed by him
(4)If the Board, or 2 of its members, certify in writing that in their opinion the appellant is not suffering from tuberculosis, the notice served on the appellant under subsection (1)
(5)The certificate of the Board shall be filed in the Department of Mines 4, and a copy thereof shall be issued to the appellant by whom the original may be inspected.
(6)It shall not be a disqualification for appointment as a member of the Board that the practitioner nominated by the appellant gave the certificate annexed to the appellant’s notice of appeal.
(7)Whenever a medical officer or practitioner appointed under this Act reports in writing to the Minister that a person named in such report and engaged in mining operations has so developed symptoms of miner’s phthisis, uncomplicated by tuberculosis, as to indicate that further employment on, in, or about a mine or part of a mine to which this section applies may be detrimental to his
(8)This section shall apply only within such districts, and to such mines, or parts of mines, as are declared from time to time by the Governor by Order in Council published in the Gazette.
[Section 8 amended by No. 113 of 1965 s. 8(1).]
(1)It shall be the duty of the Mine Workers’ Relief Fund, Incorporated, to keep a register, and on application by any person employed on, in, or about a mine at or after the commencement of this Act
(2)Any person whose employment is prohibited as aforesaid
(3)If suitable work is found for, and offered to any person entitled to compensation under this section, and is refused by him
(4)If any question shall arise touching the right of any person to have his
(4a)If the Principal Medical Officer certifies in writing that a person whose name is registered is or has become unable to work at any suitable employment, compensation under subsection (2) shall cease to be payable, but such person shall be entitled to receive from the Department of Mines 4 compensation in accordance with a scale prescribed by regulations made under this Act, but so that such compensation shall not be less than that provided by the scale of relief in force at the commencement of this Act
(4b)On the death of a person whose name is registered his
(4c)A person whose name is registered, and who is or becomes entitled to receive or has received compensation under section 7 of the Workers’ Compensation Act 1912‑1924 5, and actually receives or has received such compensation shall not thereafter have any right to compensation under this Act.
(4d)If a person whose name is registered dies, and his
(5)For the purposes of this section
[Section 9 amended by No. 42 of 1925 s. 2; No. 39 of 1929 s. 3.]
9A. Application of Act to persons employed within 3 months
A person shall be deemed to be “engaged in mining operations” or “employed on, in, or about a mine at the commencement of this Act
[Section 9A inserted by No. 42 of 1925 s. 3.]
(1)For the purposes of this Act
(2)District inspectors and workmen’s inspectors appointed under the Mines Regulation Act 1906 6, shall be deemed to be persons occupied or engaged in mining operations within the meaning of this Act
[Section 10 amended by No. 39 of 1929 s. 4.]
The Governor may make regulations prescribing all matters which it may be necessary or convenient to prescribe for giving effect to this Act, and may impose a penalty not exceeding $50 for the breach of any regulation.
[Section 11 amended by No. 113 of 1965 s. 8(1).]
