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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Workers' Compensation (Dust
Diseases) Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Workers' Compensation (Dust Diseases) Act
1942 No 14 3
Schedule 2 Amendment of Workers Compensation Act 1987 No 70 5
b2010-171-22.d08
New South Wales
Workers' Compensation (Dust
Diseases) Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Workers' Compensation (Dust Diseases) Act 1942 and the
Workers Compensation Act 1987 to make further provision with respect to rates of
compensation payable to dependents of deceased workers.
Clause 1 Workers' Compensation (Dust Diseases) Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Workers' Compensation (Dust Diseases) Amendment 3
Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Workers' Compensation (Dust Diseases) Amendment Bill 2010
Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14 Schedule 1
Schedule 1 Amendment of Workers' Compensation 1
(Dust Diseases) Act 1942 No 14 2
[1] Section 8 Certificate of medical authority and rates of compensation 3
Omit "the dependent person referred to in paragraph (a) (i) was wholly 4
dependent for support on the worker and" from section 8 (2B) (b). 5
[2] Section 8 (2B) (b) (i) 6
Omit the subparagraph. Insert instead: 7
(i) subject to paragraph (d): 8
(A) during the period of 12 months starting on the 9
commencement of the Workers' 10
Compensation (Dust Diseases) Amendment 11
Act 2010 (the first 12 months)--the amount 12
of $268,375, or 13
(B) during the period of 12 months (the 14
second 12 months) that starts at the end of the 15
first 12 months--the amount of $291,040, or 16
(C) after the end of the second 12 months--the 17
amount of $311,050, and 18
[3] Section 8 (2B) (d) and (d1) 19
Omit section 8 (2B) (d). Insert instead: 20
(d) The amount specified in paragraph (b) (i) is the maximum 21
amount payable to a dependent person under that 22
subparagraph. The amount payable in a particular case is 23
the amount determined by the board to be reasonable and 24
proportionate to the injury to that person, taking into 25
account the age of the worker at the time of the worker's 26
death. 27
(d1) The prescribed rate of compensation payable to a 28
dependent person under paragraph (b) (i) is to be 29
calculated by reference to the prescribed rate in force at the 30
time of the worker's death. 31
[4] Section 8 (3) (d) 32
Omit "the amount of $141,250". 33
Insert instead "the amount specified in subsection (2B) (b) (i)". 34
Page 3
Workers' Compensation (Dust Diseases) Amendment Bill 2010
Schedule 1 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
[5] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Workers' Compensation (Dust Diseases) Amendment Act 2010 3
[6] Schedule 2, Part 6 4
Insert after Part 5: 5
Part 6 Provisions consequent on enactment of 6
Workers' Compensation (Dust Diseases) 7
Amendment Act 2010 8
13 Application of amendments 9
(1) The amendments made to this Act by the Workers' 10
Compensation (Dust Diseases) Amendment Act 2010 extend to 11
the death of a person occurring on or after the date that the Bill 12
for that Act was first introduced into Parliament (the date of 13
introduction) but before the date of assent to that Act (the date of 14
assent). 15
(2) For the purposes of the operation of section 8 (2B) (b) (i) in 16
relation to the death of a person occurring on or after the date of 17
introduction but before the date of assent, the death is deemed to 18
have occurred on the date of assent. 19
14 lndexation of amounts of benefits 20
Section 8 (3) (d) does not apply to the amount specified in 21
section 8 (2B) (b) (i) during the period commencing on the date 22
of assent to the Workers' Compensation (Dust Diseases) 23
Amendment Act 2010 and ending on 31 March 2013. 24
Note. Accordingly, during that period, the amount specified in 25
section 8 (2B) (b) (i) will not be adjusted in accordance with Division 6 of 26
Part 3 of the Workers Compensation Act 1987. The next adjustment 27
under that Division will occur on 1 April 2013. 28
Page 4
Workers' Compensation (Dust Diseases) Amendment Bill 2010
Amendment of Workers Compensation Act 1987 No 70 Schedule 2
Schedule 2 Amendment of Workers Compensation 1
Act 1987 No 70 2
Section 79 Definitions 3
Insert after paragraph (b) of the definition of base index number: 4
(b1) in respect of an adjustable amount that is an amount 5
specified in section 8 (2B) (b) (i) of the Workers' 6
Compensation (Dust Diseases) Act 1942--the latest index 7
number in relation to the adjustment date of 8
1 October 2012, and 9
Page 5
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