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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
COMMON LAW PRACTICE
AND WORKERS'
COMPENSATION
AMENDMENT BILL 1994
Queensland
COMMON LAW PRACTICE AND
WORKERS' COMPENSATION
AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF COMMON LAW PRACTICE ACT
1867
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of heading and s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Preliminary
1A Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 13 (Actions how brought) . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Transitional
7 Replacement of s 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
95 Application of amendments made by Common Law
Practice and Workers' Compensation Amendment Act 1994 . . . . . 6
PART 3--AMENDMENT OF WORKERS' COMPENSATION
ACT 1990
8 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Amendment of s 2.1 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Insertion of s 2.1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.1B Meaning of "spouse" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2
Common Law Practice and Workers'
Compensation Amendment
11 Insertion of s 13.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13.7 Application of amendments made by Common Law
Practice and Workers' Compensation Amendment Act 1994 . . . . . 8
PART 4--CONSEQUENTIAL AMENDMENTS
12 Act amended in Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9
AMENDMENT OF LAW REFORM (TORTFEASORS
CONTRIBUTION, CONTRIBUTORY NEGLIGENCE, AND
DIVISION OF CHATTELS) ACT 1952
1994
A BILL
FOR
An Act to amend the Common Law Practice Act 1867 and the
Workers' Compensation Act 1990, and for other purposes
s1 4 s4
Common Law Practice and Workers'
Compensation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Common Law Practice and Workers' 4
Compensation Amendment Act 1994. 5
6
Commencement
Clause 2. This Act is taken to have commenced on 17 October 1994. 7
ART 2--AMENDMENT OF COMMON LAW 8
P
PRACTICE ACT 1867 9
Act 10
Amended
Clause 3. This Part amends the Common Law Practice Act 1867. 11
of heading and s 1A 12
Insertion
Clause 4. At the beginning of the Act-- 13
insert-- 14
15
`Preliminary
title 16
`Short
`1A. This Act may be cited as the Common Law Practice Act 1867.'. 17
s5 5 s6
Common Law Practice and Workers'
Compensation Amendment
of s 13 (Actions how brought) 1
Amendment
Clause 5.(1) Section 13, `wife husband parent and child'-- 2
omit, insert-- 3
`spouse, parent and child'. 4
(2) Section 13-- 5
insert-- 6
`(2) In this section-- 7
"spouse" of a deceased person includes a person who, although not legally 8
married to the deceased person, lived with the person as the person's 9
husband or wife-- 10
(a) for a continuous period of at least 1 year immediately before the 11
death; or 12
(b) if the deceased person left a dependant who is a child of the 13
relationship--immediately before the death. 14
`(3) For subsection (2)-- 15
"child of the relationship" means a child of the deceased person and the 16
other person, and includes a child born after the death. 17
"dependant" of a deceased person includes a child born after the death 18
happens who would have been wholly or partially dependant on the 19
deceased person's earnings after the child's birth if the person had not 20
died.'. 21
of heading 22
Replacement
Clause 6. Before section 95, heading-- 23
s7 6 s9
Common Law Practice and Workers'
Compensation Amendment
omit, insert-- 1
`Transitional'. 2
of s 95 3
Replacement
Clause 7. Section 95-- 4
omit, insert-- 5
of amendments made by Common Law Practice and 6
`Application
Workers' Compensation Amendment Act 1994 7
`95.(1) To remove any doubt, the amendments of section 13 made by the 8
Common Law Practice and Workers' Compensation Amendment Act 1994 9
apply only to a death that happens on or after 17 October 1994. 10
`(2) Subsection (1) is a law to which section 20A of the Acts 11
Interpretation Act 1954 applies. 12
`(3) This section expires 3 years after it commences.'. 13
PART 3--AMENDMENT OF WORKERS' 14
COMPENSATION ACT 1990 15
Act 16
Amended
Clause 8. This Part amends the Workers' Compensation Act 1990. 17
of s 2.1 (Interpretation) 18
Amendment
Clause 9. Section 2.1(1), definition "spouse"-- 19
omit, insert-- 20
` "spouse" see section 2.1B.'. 21
s 10 7 s 10
Common Law Practice and Workers'
Compensation Amendment
of s 2.1B 1
Insertion
Clause 10. Before section 2.2-- 2
insert-- 3
of "spouse" 4
`Meaning
`2.1B(1) For an injured worker, "spouse" includes a person who, 5
although not legally married to the injured worker, lived with the worker as 6
the worker's husband or wife-- 7
(a) for a continuous period of at least 1 year immediately before the 8
injury happened and who continues to live with the worker after 9
the injury; or 10
(b) if the worker has a dependant who is a child of the 11
relationship--immediately before the injury happened and who 12
continues to live with the worker after the injury. 13
`(2) For a deceased worker, "spouse" includes a person who, although 14
not legally married to the deceased worker, lived with the worker as the 15
worker's husband or wife-- 16
(a) for a continuous period of at least 1 year immediately before the 17
death; or 18
(b) if the worker left a dependant who is a child of the 19
relationship--immediately before the death. 20
`(3) For this section-- 21
"child of the relationship" means a child of the worker and the other 22
person, and, for a deceased worker, includes a child born after the 23
death. 24
"dependant" includes-- 25
(a) for an injured worker--a child born after the injury happens who 26
is wholly or partially dependent on the worker's earnings after the 27
child's birth; and 28
(b) for a deceased worker--a child born after the death happens who 29
would have been wholly or partially dependant on the worker's 30
earnings after the child's birth if the worker had not died.'. 31
s 11 8 s 12
Common Law Practice and Workers'
Compensation Amendment
of s 13.7 1
Insertion
Clause 11. At the end of the Act-- 2
insert-- 3
of amendments made by Common Law Practice and 4
`Application
Workers' Compensation Amendment Act 1994 5
`13.7(1) To remove any doubt, the amendments of this Act made by the 6
Common Law Practice and Workers' Compensation Amendment Act 1994 7
apply only to an injury or death that happens on or after 17 October 1994. 8
`(2) Subsection (1) is a law to which section 20A of the Acts 9
Interpretation Act 1954 applies. 10
`(3) This section expires 3 years after it commences.'. 11
PART 4--CONSEQUENTIAL AMENDMENTS 12
amended in Schedule 13
Act
Clause 12. The Schedule amends the Act mentioned in it. 14
9
Common Law Practice and Workers'
Compensation Amendment
CHEDULE 1
¡S
MENDMENT OF LAW REFORM (TORTFEASORS 2
A
CONTRIBUTION, CONTRIBUTORY NEGLIGENCE, 3
AND DIVISION OF CHATTELS) ACT 1952 4
section 12 5
1. Section 5(b), `wife, husband'-- 6
omit, insert-- 7
`spouse'. 8
2. Section 8(a), after `expressions'-- 9
insert-- 10
` "spouse",'. 11
12
© State of Queensland 1994
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