Workers’ Compensation (Dust Diseases) Act 1942 (NSW)

Workers' Compensation (Dust Diseases) Act 1942 No 14

An Act to make further and more extensive provisions regarding the payment of compensation in the case of workers who suffer death or disablement owing to the disease known as silicosis of the lungs, or owing to other diseases of the pulmonary or respiratory organs caused by exposure to silica dust; to validate certain payments; to repeal the Workmen's Compensation (Silicosis) Act 1920–1936, as amended by subsequent Acts; and for purposes connected therewith.

1 Name of Act etc (1) This Act may be cited as the Workers' Compensation (Dust Diseases) Act 1942 and shall be construed with the Workers Compensation Act 1987, hereinafter called the Principal Act. (2) This Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 Repeal of Workmen's Compensation (Silicosis) Act 1920 and schemes made thereunder (1) The Workmen's Compensation (Silicosis) Act 1920 is hereby repealed, and the schemes made thereunder shall, as from the commencement of this Act, cease to have effect. (2) (a) All awards, orders, and determinations, made in pursuance of the Workmen's Compensation (Silicosis) Scheme, No 1 of 1938, as varied by any subsequent scheme, and the Workmen's Compensation (Silicosis) Scheme, No 2 of 1938, as varied by any subsequent scheme, or deemed to be so made and continuing in force immediately prior to the commencement of this Act, shall continue in force after such commencement, but shall be subject to the provisions of this Act. (b) Any application for an award of compensation pending, and any other matter incomplete immediately prior to the commencement of this Act, shall be carried on, and determined, completed or dismissed, in accordance with the procedure prescribed by or under this Act. (c) Nothing in this Act shall affect any right, obligation, or liability acquired, accrued, or incurred under the Workmen's Compensation (Silicosis) Scheme, No 1 of 1938, as varied by any subsequent scheme, and the Workmen's Compensation (Silicosis) Scheme, No 2 of 1938, as varied by any subsequent scheme, except in so far as may be otherwise prescribed by this Act. (3) (a) Any balance and investments at the credit of the Silicosis Fund immediately before the commencement of Part 2 of the Workers' Compensation (Dust Diseases) Amendment Act 1967 shall, as from that commencement, be transferred to the Fund established under this Act and any liability of the Silicosis Fund shall, as from that commencement, be and become a liability of the Fund established under this Act. (b) All property, assets, rights, books and documents that, immediately before the commencement of Part 2 of the Workers' Compensation (Dust Diseases) Amendment Act 1967, were vested in or in the custody or possession of or under the control of the Silicosis Committee shall, as from that commencement be vested in, or transferred to the custody, possession and control of, the board. (4) (Repealed) (5) Any worker who immediately before the commencement of Part 2 of the Workers' Compensation (Dust Diseases) Amendment Act 1967 was in receipt of continuing payments of compensation to which the worker was entitled under subsection (4), as enacted immediately before that commencement, shall be entitled to receive compensation from the Fund, as from that commencement, at the rate prescribed by or under this Act and appropriate to the case.