New South Wales Consolidated Acts

COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) ACT 1941 - SECT 19A

19A Eligibility of mine workers for subsidies

(1) Any mine worker who, in respect of incapacity due to the inhalation of dust in coal or oil shale mines in New South Wales:

(a) has at any time before or after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947 been awarded compensation under the Workers’ Compensation Act 1926 , or the Workers Compensation Act 1987 , or

(b) has at any time before the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947 received compensation pursuant to any agreement with an insurer within the meaning of the Workers’ Compensation Act 1926 ,

shall be eligible for a subsidy in accordance with the provisions of this Part.

(2) Notwithstanding anything contained in subsection (1) a mine worker who, in respect of incapacity due to the inhalation of dust in coal or oil shale mines in New South Wales, has after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947 been awarded compensation under the Workers’ Compensation Act 1926 shall, where such award was made operative from a date prior to such commencement, be deemed to have been eligible for a subsidy from such date in accordance with the provisions of this Part.

(3) A mine worker who in accordance with the foregoing provisions of this section is eligible for a subsidy in accordance with the provisions of this Part shall not be entitled to any benefits under the AUSCOAL Rules relating to the payment of pensions.