Workers' Compensation Amendment Act 1963
Workers' Compensation Amendment Act 1963
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Workers' Compensation Amendment Act 1963
Workers’ Compensation Amendment Act 1963
Public Act |
1963 No 48 |
|
Date of assent |
22 October 1963 |
|
Contents
An Act to amend the Workers’ Compensation Act 1956
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Workers’ Compensation Amendment Act 1963, and shall be read together with and deemed part of the Workers’ Compensation Act 1956 (hereinafter referred to as the principal Act).
2 Repair and replacement of artificial limbs
(1)
The principal Act is hereby further amended by inserting, after section 23 (as substituted by section 12 of the Workers Compensation Amendment Act 1962), the following section:
“23a
(1)
Except as provided in subsection (3) of this section, compensation payable pursuant to section 23 of this Act for the reasonable cost of the normal repair or renewal of an artificial arm, hand, leg, or foot shall not be payable to the worker in a lump sum.
“(2)
Where pursuant to section 23 of this Act the employer is liable to pay the reasonable cost of the normal repair and renewal of an artificial arm, hand, leg, or foot—
“(a)
Except as provided in subsection (3) of this section, the employer shall, within three months after the making of an agreement between the employer and the worker for the settlement of the claim for compensation, or, as the case may be, within three months after the award of compensation by the Compensation Court or a Magistrate’s Court, pay into the Social Security Fund established by the Social Security Act 1938 the appropriate amount prescribed by regulations made under this Act in respect of the cost of the normal repair and renewal of the artificial arm, hand, leg, or foot, and upon that payment being made the employer shall be completely discharged from any liability to pay compensation in respect of the normal repair or renewal of the artificial arm, hand, leg, or foot:
“(b)
The worker shall be entitled to have the normal repair or renewal of the artificial arm, hand, leg, or foot effected, free of any charge to him, by the Disabled Servicemen’s Re-establishment League Incorporated or by any other body or person specified from time to time by the Minister, by notice in the Gazette. The reasonable cost of that repair or renewal shall be defrayed from the Social Security Fund in accordance with the provisions of section 106b of the Social Security Act 1938 (as inserted by section 56 of the Social Security Amendment Act 1963).
“(3)
Nothing in subsection (1) of this section or in paragraph (a) of subsection (2) of this section shall apply in any case where, before the expiration of the period of three months specified in that paragraph, the worker makes and delivers to the employer or his insurer a statutory declaration stating that he intends to leave New Zealand permanently within twelve months after the making of the agreement for the settlement of the claim for compensation or, as the case may be, after the award of compensation by the Court.
“(4)
Any amount payable by an employer into the Social Security Fund pursuant to paragraph (a) of subsection (2) of this section shall be recoverable from him as a debt owing to the Crown.
“(5)
Every person commits an offence, and is liable on summary conviction to a fine not exceeding twenty-five pounds, who—
“(a)
Enters into any agreement for payment of a lump sum in breach of the provisions of subsection (1) of this section; or
“(b)
Being an employer, fails to comply with the provisions of paragraph (a) of subsection (2) of this section.”
(2)
This section shall come into force on the first day of April, nineteen hundred and sixty-four.
(3)
Nothing in this section shall apply with respect to claims for compensation or other rights or liabilities in respect of accidents happening before the commencement of this section.
3 Notice of accident, and limitation of actions
(1)
Section 52 of the principal Act is hereby amended by inserting in subsection (2), after the word “mistake”
, the words “of fact or mistake of any matter of law other than the provisions of this section”
.
(2)
Section 53 of the principal Act is hereby amended by inserting in subsection (4), after the word “mistake”
, the words “of fact or mistake of any matter of law other than the provisions of this section”
.
(3)
In respect of any cause of action in respect of which an action has been commenced before the passing of this Act, subsection (2) of section 52 and subsection (4) of section 53 of the principal Act shall apply as if this section had not been passed.
(4)
In respect of any other cause of action which accrued before the passing of this Act, subsection (2) of section 52 and subsection (4) of section 53 of the principal Act shall apply as if this section had come into force before that cause of action accrued.
4 Workers’ Compensation Account
Section 114 of the principal Act is hereby amended by adding to subsection (5) the words “or in any other manner that may from time to time be authorised by the Minister of Finance”
.
5 Regulations
Section 136 of the principal·Act is hereby amended by adding to subsection (2) the following paragraph:
“(i)
Prescribing a scale of amounts payable into the Social Security Fund under section 23a of this Act in respect of the repair or renewal of artificial arms, hands, legs, and feet for injured workers, and prescribing different amounts having regard to the age of the workers concerned and to any other relevant factors.”
This Act is administered in the Department of Labour.
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Versions
Workers' Compensation Amendment Act 1963
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