Western Australia
Mine Workers’ Relief Act 1932
Reprint 4: The Act as at 10 October 2003
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as
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at 10 October 2003
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Western Australia
Mine Workers’ Relief Act 1932
1.Short title and commencement1
Schedule 22
Part I — Application and Interpretation
1.Application of Schedule 22
2.Interpretation2
Part II — Dissolution of Mine Workers’ Relief Board
3.Dissolution of Board3
4.Final report by Board3
5.Vesting of assets and liabilities of Board in S.G.I.O.4
6. Insurance Commission to meet obligations4
7.Construction of references to the Board or State Government Insurance Office5
Part III — Amendment of Act and Supplementary Provisions
8.Repeals5
9.Duty of Commission5
10.Register of contributors6
11.Savings regarding contingent beneficiaries6
12.Benefits after dissolution date7
13.Establishment of Appeal Board8
14.Functions of Appeal Board8
15.Remuneration of members9
Schedule 310
Notes
Compilation table12
Provisions that have not come into operation13
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Reprinted under the Reprints Act 1984 as
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at 10 October 2003
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Western Australia
Mine Workers’ Relief Act 1932
An Act relating to the relief of mine workers.
1.Short title and commencement
This Act may be cited as the Mine Workers’ Relief Act 1932, and shall come into operation on a day to be fixed by proclamation 1.
[2-4, Part I-Part V and Schedule 1. Repealed by Sch. 2 cl. 8.]
Schedule 2
[Section 62A]
Part I
Application and Interpretation
1.Application of Schedule
2
This Schedule has effect on the dissolution date and with effect from that date the remainder of this Act shall be amended by and construed subject to this Schedule.
2.Interpretation
In this Schedule, unless the contrary intention appears —
“Appeal Board” means the Mine Workers’ Relief Act Appeal Board constituted by paragraph 13;
“asbestosis” means asbestosis of the lungs;
“Board” means the Mine Workers’ Relief Board constituted under this Act;
“commencement day” means the day of the commencement of section 46 of the State Government Insurance Commission Act 1986 1, 2;
“Commission” means the body continued as the Insurance Commission of Western Australia under the Insurance Commission of Western Australia Act 1986;
“dependants” includes spouse, de facto partner, surviving spouse, surviving de facto partner (until that spouse or partner subsequently marries or enters into a de facto relationship), parent, step‑parent, grandparent; and also those persons being under the age of 16 years who bear to the mine worker the following relationships, namely, son (whether legitimate or illegitimate), daughter (whether legitimate or illegitimate), grandson, granddaughter, step‑son, step‑daughter, brother, sister, half‑brother or half‑sister;
“dissolution date” means the date on which an order under section 62A declaring that the Board shall be dissolved comes into operation 3;
“Minister” means the Minister for Mines 4 or other responsible Minister of the Crown for the time being charged with the administration of this Act;
“silicosis” means silicosis of the lungs;
“State Government Insurance Office” means the body corporate established by that name by the State Government Insurance Office Act 1938 5;
“surviving spouse or surviving de facto partner”, in relation to a person who has died, means —
(a)the widow or widower of that person; or
(b)a person who was, immediately before the death of the person, a de facto partner of that person;
“tuberculosis” means tuberculosis of the lungs or of any other respiratory organs and, in the case of a mine worker, includes tuberculosis of any other part of the body attributable to the nature of his employment.
Part II
Dissolution of Mine Workers’ Relief Board
3.Dissolution of Board
Subject to this Schedule, the Mine Workers’ Relief Board is dissolved.
4.Final report by Board
(1)Notwithstanding paragraph 3, the Board, as constituted immediately before the dissolution date, shall, for the purpose of preparing and submitting to the Minister the report referred to in subparagraph (2), continue in existence until it has furnished that report.
(2)The Board shall as soon as practicable after the dissolution date prepare and submit to the Minister a report of its operations and statements of account in respect of the period from the end of the immediately preceding financial year to the dissolution date.
(3)The report shall be laid before both Houses of Parliament.
5.Vesting of assets and liabilities of Board in S.G.I.O.
(1)Upon the dissolution date —
(a)all rights, property and assets including the Fund that, immediately before that date, were vested in the Board are, by force of this paragraph, vested in the State Government Insurance Office;
(b)the State Government Insurance Office becomes, by force of this paragraph, liable to discharge all the debts, liabilities and obligations of the Board that existed immediately before that date including the obligation to continue payment of weekly benefits to beneficiaries in receipt of such benefits immediately before that date; and
(c)the Board shall deliver to the State Government Insurance Office all registers, books, papers, documents, minutes, receipts and books of account relating to its operations.
(2)Without limiting the generality of paragraph (a) of section 37(2) of the Acts Amendment (ICWA) Act 1996 it is declared that that paragraph applies to —
(a)funds, rights, property and other assets; and
(b)debts, liabilities and other obligations,
that were vested in or imposed on the State Government Insurance Office under subparagraph (1) of this paragraph and were then vested in or imposed on the Commission under clause 9 of Schedule 4 to the State Government Insurance Commission Act 1986 2.
(3)Where anything lawfully commenced by or under the authority of the Board has been lawfully carried on by or under the authority of the State Government Insurance Office before the commencement day 1 such thing may be carried on and completed by or under the authority of the Commission.
6. Insurance Commission to meet obligations
If the resources that have been vested in the Commission as referred to in paragraph 5(2) or received by the Commission under this Act are insufficient to meet the obligations referred to in paragraph 5(2) or imposed on the Commission under this Act, the Commission shall nevertheless meet all such obligations as they fall due and may adjust premiums payable by employers of miners for industrial diseases insurance in order to recover any amounts so expended.
7.Construction of references to the Board or State Government Insurance Office
Subject to Part III of this Schedule and without limiting the generality of clause 12(1) of Schedule 4 to the Insurance Commission of Western Australia Act 1986 6, any agreement, deed, instrument, application, notice, or other document subsisting for the purposes of this Act immediately before the commencement day shall have effect on and after that day as if any reference in the document to the Board or the State Government Insurance Office were (unless the context otherwise requires) a reference to the Commission.
Part III
Amendment of Act and Supplementary Provisions
8.Repeals
(1)Sections 2, 3, and 4, Parts I, II, III, IV, V, and Schedule 1 are repealed.
(2)The Mine Workers’ Relief Regulations are repealed.
9.Duty of Commission
Subject to this Schedule the Commission shall —
(a)receive contributions made under this Act;
(b)receive and deal with applications by persons claiming benefits under this Act;
(c)grant and pay benefits under this Act to persons entitled thereto;
(d)pay all expenses and charges incurred in the administration of this Act;
(e)maintain adequate records for the performance of its duties imposed under this Act and proper accounts of its receipts and payments under this Act; and
(f)do all such things as are incidental or conducive to the attainment of the objects of this Act.
10.Register of contributors
Notwithstanding the repeal of section 21 the Commission shall keep a register containing the names of all persons for the time being making contributions under this Act.
11.Savings regarding contingent beneficiaries
(1)The objects of this paragraph are to ensure that the repeal of Part IV does not prejudice the interests of those persons who but for such repeal may on or after the dissolution date have been entitled to benefits under this Act and to provide that the respective rights and duties of those persons are in substance preserved on and after that date; and this paragraph together with the repealed provisions referred to in this paragraph shall be construed accordingly so as to give effect to those objects.
(2)Subject to this Schedule, a person who prior to the dissolution date received a notice under section 13(1), or a notice under section 16(1) that he is suffering from silicosis, only, in the advanced stage, and the dependants of any such person, shall be entitled to benefits under this Act in the circumstances and subject to compliance with the conditions specified in subsections (1) and (2) of section 48 as if those subsections had not been repealed.
(3)Subject to this Schedule, a person who prior to the dissolution date was notified under section 16 that he is suffering from silicosis in the early stage without tuberculosis and who prior to that date gave notice in accordance with section 50(1) and whose name was registered in accordance with subsection (2) of that section, and the dependants of any such person, shall, if upon further medical examination to the satisfaction of the State Government Insurance Office or the Commission he has been or is found to be suffering from tuberculosis and silicosis or silicosis in the advanced stage, be entitled to benefits under this Act in the circumstances described in section 53 and subject to compliance with section 50(5) as if those provisions had not been repealed.
(4)Notwithstanding any provision to the contrary —
(a)the contributions payable in accordance with subparagraphs (2) and (3) shall be of an amount of $8.40 per annum and shall be paid annually to the Commission;
(b)the benefits payable under this Act shall be those provided for in this Schedule.
(5)The provisions of this Schedule relating to silicosis, including silicosis in the early stage, silicosis in the advanced stage, and silicosis with or without tuberculosis, apply, with the necessary changes, in respect of asbestosis.
12.Benefits after dissolution date
(1)The periodic benefits to which persons who become entitled to benefits under this Act on or after the dissolution date are entitled are such as are provided for in Schedule 3.
(2)The Commission may make a written offer to a person who becomes entitled to benefits under this Act on or after the dissolution date (or a parent or guardian of a dependant who is under 16 years of age) to pay a lump sum in redemption of that person’s entitlement to the weekly payments provided for in Schedule 3.
(3)Subject to subparagraph (4), if a written offer made by the Commission under subparagraph (2) is accepted in writing within 3 months of receiving the offer, the Commission shall pay to the person entitled (or his parent or guardian in case of a dependant who is under 16 years of age) not later than 6 months after acceptance of the offer a lump sum equal to that which would have been paid by the Board under section 57A in like circumstances and such payment shall be in full satisfaction of the beneficiary’s entitlement under this Act.
(4)If an offer made by the Commission under subparagraph (2) to a person who is entitled to weekly payments under Schedule 3 in respect of a spouse, de facto partner or dependant under the age of 16 years of age is accepted, the lump sum payable under this paragraph in respect of that spouse, de facto partner or dependant shall be paid to the spouse, de facto partner or to the parent or guardian of the dependant on his behalf, as the case may be, and such payment shall be in full satisfaction of the beneficiary’s entitlement in respect of that spouse, de facto partner or dependant under this Act.
(4a)For the purposes of subparagraphs (3) and (4) an offer made by the State Government Insurance Office within 3 months before the commencement day and not accepted as at the commencement day shall be deemed to have been made by the Commission.
(5)Where upon or after the dissolution date a person claims and is entitled to benefits under this Act and, after the commencement day, receives payment of a lump sum under this paragraph, the Commission, in addition to the benefit to which he is otherwise entitled under this paragraph, shall pay to him and to every entitled dependant by way of bonus a sum equal to that paid in like circumstances before the dissolution date under section 57E.
13.Establishment of Appeal Board
(1)There is established a Mine Workers’ Relief Act Appeal Board which shall consist of a chairman and 2 other members one of whom shall be a representative of employers of mine workers and one of whom shall be a representative of mine workers.
(2)The members of the Appeal Board shall be appointed by the Governor.
(3)A member shall be appointed for such period not exceeding 3 years as is specified in his instrument of appointment and is eligible for re‑appointment.
(4)A member may resign his office by writing under his hand delivered to the Minister.
(5)The Governor may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
14.Functions of Appeal Board
(1)A person who is aggrieved by any act, decision or omission of the Commission in the exercise or purported exercise of powers, duties and obligations under this Act may appeal to the Appeal Board against that act, decision or omission in writing within 30 days of being notified of the act, decision or omission.
(2)The Appeal Board shall make full inquiry into all matters complained of by an aggrieved person under subparagraph (1) and shall determine the appeal and may confirm, vary or set aside any decision or act of the Commission.
(3)The decision of the Appeal Board shall be final and the Commission shall take such action as is necessary to give effect to the decision.
15.Remuneration of members
(1)The chairman and the other members of the Appeal Board shall be paid such remuneration for their services and shall receive such travelling expenses and other allowances as may be prescribed.
(2)Payments under this paragraph shall be charged by the Commission to the Insurance Commission General Fund established under section 16 of the Insurance Commission of Western Australia Act 1986.
Schedule 3
(Paragraph 12 of Schedule 2)
1.Persons entitled to benefits under the Act on and after the dissolution date are entitled to the following —
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Per
week
$
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(1)
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Basic payment for a mine worker .............................
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4
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(2)
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Additional payment to a mine worker in respect of —
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(a)the spouse or de facto partner of the mine worker ...............................................................
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4
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(b)each child under 16 years of age, dependent on the mine worker ................................................
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1
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(3)
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Basic payment for surviving spouse or surviving de facto partner, of a mine worker ............................
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4
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(4)
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Additional payment for surviving spouse, or surviving de facto partner, of a mine worker in respect of each child under 16 years of age who was dependent on the mine worker immediately before the worker’s death ....................................................
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1
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(5)
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Payment for a parent of a mine worker who was dependent on the mine worker immediately before the worker’s death ....................................................
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2
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(6)
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Payment for guardian of each child under 16 years of age who was dependent on a mine worker immediately before the worker’s death ....................
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2
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2.Notwithstanding the above provisions —
(a)the maximum weekly payment shall not exceed $9;
(b)in the case of a mine worker who is a surviving spouse or surviving de facto partner, the additional payment under clause 1(2)(b) may be paid to any other person or institution direct, as the Insurance Commission of Western Australia may think fit;
(c)a mine worker is not entitled to any payment under clause 1(2) unless the person the payment is made in respect of is being supported by the mine worker;
(d)the additional payment under clause 1(2)(a) may be paid to the spouse or de facto partner of the mine worker or such other person or institution direct, as the Insurance Commission of Western Australia may think fit;
(e)in the case of a surviving spouse or surviving de facto partner, the payments under clause 1(4) in respect of a child under 16 years of age shall cease on the subsequent marriage of the spouse or de facto partner, or on the spouse or de facto partner entering into a de facto relationship;
(f)when in the opinion of the Insurance Commission of Western Australia a surviving spouse or surviving de facto partner under 60 years of age is eligible to apply for a Commonwealth invalid pension then that surviving spouse or surviving de facto partner shall not be entitled to receive and payment under this Act until such an application has been made and dealt with.
3.In this Schedule —
“dependants” has the same meaning as it has in Schedule 2;
“surviving spouse or surviving de facto partner” has the same meaning as it has in Schedule 2.
