New South Wales Consolidated Acts

WORKERS' COMPENSATION (DUST DISEASES) ACT 1942 - SECT 5

5 Workers’ Compensation (Dust Diseases) Board

(1)

(a) There shall be a Workers’ Compensation (Dust Diseases) Board which shall be constituted of 3 representatives of employers and 3 of employees and an independent chairperson, appointed by the Minister.

(c)

(i) The chairperson and other members of the board hold office for such period (not exceeding 3 years) as is specified in their instruments of appointment, and are eligible for reappointment. Any member appointed to the board before the amendment of this section by the Workers Compensation Legislation (Amendment) Act 1994 is taken to have been appointed for a period of 3 years.

(ii) Where from any cause a member of the board ceases to hold office the Minister may appoint some suitable person to the member’s office for the residue of the period for which such member was appointed.

(iii) The Minister may appoint suitable persons to act as alternate members during the illness or absence of any members of the board, and any such alternate member when sitting shall have all the powers and immunities of a member of the board.

(d) Three members shall constitute a quorum of the board.

(e) When there is an equal division of opinion, the chairperson shall have a casting vote.

(f) Proceedings of the board shall not be invalidated by any vacancy in its membership.

(g) The members of the board may be paid from the Fund such fees and/or travelling expenses as the Minister may approve.

(2)

(a) The board shall have exclusive jurisdiction to examine into, hear and determine all matters and questions arising out of a claim for compensation under this Act.

(b) There shall be no legal representation before the board.

(c) The decisions of the board shall, subject to section 8I, be final and conclusive.

(2A) The chairperson of the board may by writing under the chairperson’s hand summon any person to attend a meeting of the board at a time and place named in the summons and then and there to give evidence in relation to any application or other matter before the board, and to produce any books, documents, or writings in the person’s custody or control which the person is required by the summons to produce.
Any person so summoned who disobeys the summons shall be guilty of an offence against this Act and be liable to a penalty not exceeding 1 penalty unit.
The chairperson may require a person attending a meeting of the board, whether or not in obedience to such a summons, in connection with any application or matter, to give evidence on oath in relation thereto, and for that purpose shall have authority to administer an oath to any such person.

(3) No action or suit shall be brought or maintained against any person who is, or at any time has been, a member of the board for anything done or omitted by the member pursuant to the duties imposed upon the member by or under this Act, nor shall any action, suit or other proceeding lie against the member, nor any costs be payable by the member, in respect of any proceeding before the board.

(4) The board may, with the approval of the Minister, arrange for the use of the services of any staff or facilities of a Government department, administrative office or public authority.