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1939 Leg. Ser. 1 (1939)

handle is hein.intyb/lbrldc0021 and id is 1 raw text is: International Labour Office Legislative Series Geneva, Switzerland , 1939 - Austral. 1 AUSTRALIA 1 WESTERN AUSTRALIA Act: Workers' Compensation (Amendment) An Act to amend the Workers' Compensation Act, 1912-19341. 20 and 30 Geo. VI., no. L. No. 50 of 1938. Assented to 31st January, 1939. i. This Act may be cited as the Workers' Compensation Act Amend- ment Act, 1938, and shall be read as one with the Workers' Compen- sation Act, 1912-1934 (No. 69 of 1912)1 as reprinted in the appendix to the sessional volume of the Statutes for the year 1937, hereinafter referred to as the principal Act . 2. Section ten of the principal Act is amended by adding the follow- ing paragraphs to subsection (i) thereof:- a) by inserting after the word section in line twelve the words for the purpose of this section the term ' incorporated insurance office' includes any duly incorporated company carrying on insurance business in Western Australia under the provisions of the Commonwealth Insurance Act, 1932 (No. 4 of 1932) ; (b) by inserting the words or group of employers after the word employer wherever appearing in the proviso to subsection (i). 3. Section ten of the principal Act is amended by adding thereto subsections as follows:- (3) If and when the State Government Insurance Office becomes an approved office within the meaning of this section, the Minister shall forthwith grant approval to every incorporated insurance office as herein defined which does in fact make application to become approved under the provisions of this section. (4) Where by virtue of the conditions of any policy or contract of insurance obtained by an employer in compliance with this section the amount of premium payable for such policy or contract of insurance, or for a renewal thereof, is ascertained by reference to, or upon the basis of the aggregate amount of, wages paid by such employer to his employees during a specified period as disclosed by a statement to be furnished by the employer to the insurer, such employer shall, if so requested by the insurer, verify the particulars furnished in such state- ment by a statutory declaration made by the employer under section one hundred and six of the Evidence Act, 19o6. 4. Section thirteen of the principal Act is amended by the insertion after paragraph (i) thereof of a new paragraph (Ia) as follows:- (Ia) Payment by the employer of any compensation due or pro- ceedings taken by the worker against the employer to recover compen- sation due under this Act, whether successful or otherwise, shall not operate, by way of election, estoppel or otherwise, as a bar to pro- ceedings by the worker to recover damages from such other person ' Legislative Series, 1925 (Austral. 2); amendments, 1927 (Austral. io), 1935 (Austral. i). Price I d. (3 cents)

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