New South Wales Consolidated Acts

WORKERS' COMPENSATION (DUST DISEASES) ACT 1942 - SECT 3

3 Definitions

(1) For the purposes of this Act, unless the context or subject matter otherwise indicates or requires:
"Board" means the Workers’ Compensation (Dust Diseases) Board constituted under this Act.
"De facto relationship" means the relationship between two unrelated adult persons:

(a) who have a mutual commitment to a shared life, and

(b) whose relationship is genuine and continuing, and

(c) who live together,

and who are not married to one another.
"Dust" means dust of such a nature that the inhalation thereof may give rise to a dust disease.
"Dust disease" means any disease specified in Schedule 1, and includes any pathological condition of the lungs, pleura or peritoneum, that is caused by dust that may also cause a disease so specified.
"Dust occupation" means industry or process prescribed as a dust occupation.
"Employer" means an employer of workers in any industry or process, employment in which exposes the worker to the possibility of contracting a dust disease.
"Fund" means the Workers’ Compensation (Dust Diseases) Fund constituted under this Act.
"Medical authority" means the medical authority appointed under this Act.
"mine" means a mine within the meaning of the Coal Mines Regulation Act 1982 as in force immediately before its repeal by the Coal Mine Health and Safety Act 2002 , but does not include any place that, in accordance with section 8 (3) of the Coal Mine Health and Safety Act 2002 , is a place to which that Act does not apply.
"Process" includes occupation and any description of manual labour.
"Regulation" means a regulation made under this Act.
"Silicosis Account" means the Silicosis Contribution Account established under the Silicosis Act.
"Silicosis Act" means the Workers’ Compensation (Silicosis) Act 1942 , as amended by subsequent Acts passed before the commencement of Part 2 of the Workers’ Compensation (Dust Diseases) Amendment Act 1967 .
"Silicosis Committee" means the Workers’ Compensation (Silicosis) Committee constituted under the Silicosis Act.
"Silicosis Fund" means the Workers’ Compensation (Silicosis) Fund established under the Silicosis Act.
"Silicosis Reserve Fund" means the Silicosis Outstanding Liability Reserve Fund constituted under the Silicosis Act.
"Spouse" of a person means:

(a) where the claim for compensation concerned was made by or in relation to the person before the commencement of Schedule 6 [2] to the Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998 -a husband or wife of the person, or

(b) where the claim for compensation concerned was made by or in relation to the person after that commencement:

(i) a husband or wife of the person, or

(ii) the other party to a de facto relationship with the person.

"the 1998 Act" means the Workplace Injury Management and Workers Compensation Act 1998 .
"WorkCover Authority" means the WorkCover Authority constituted under the 1998 Act.
"worker" does not include a worker in or about a mine.

(2) For the purposes of determining whether two persons are in a de facto relationship for the purposes of this Act, all the circumstances of the relationship are to be taken into account, including (but not limited to) matters prescribed by the regulations for the purposes of this subsection.

(3) The following provisions have effect for the purposes of this section:

(a) Persons are "related" if:

(i) one is the parent, or another ancestor, of the other, or

(ii) one is the child, or another descendant, of the other, or

(iii) they have a parent in common.

(b) For the purposes of paragraph (a):

(i) a person is taken to be an ancestor or descendant of another person even if the relationship between them is traced through, or to, a person who is or was an adopted child, and

(ii) the relationship of parent and child between an adoptive parent and an adopted child is taken to continue even though the order by which the adoption was effected has been annulled, cancelled or discharged or the adoption has otherwise ceased to be effective, and

(iii) the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, is taken to be or to have been the natural relationship of child and parent, and

(iv) a person who has been adopted more than once is taken to be the child of each person by whom he or she has been adopted.

(c) In paragraph (b), "adopted" means adopted under the law of any place, whether in Australia or not, relating to the adoption of children.