Victorian Consolidated Legislation

Coal Mines (Pensions) Act 1958 - SECT 105

Pensions-permanent incapacity2

105. Pensions-permanent incapacity2



(1) A mine worker shall subject to this section be eligible as from the date
upon which he ceases to be employed in or about a coal mine or, where his
incapacity arose after the thirty-first day of December One thousand nine
hundred and forty-one but before the commencement of Part II of the Coal Mine
Workers Pensions Act 1942, as from the date of commencement of the said Part
for a pension of $102.30 per week if he establishes to the satisfaction of the
Tribunal-



   (a)  that he has been incapacitated by injury (not being an intentional
        self-inflicted injury) and that such incapacity arose after the
        thirty-first day of December One thousand nine hundred and forty-one;

   (b)  that by reason of such incapacity he is unable to continue in
        employment as a mine worker; and

   (c)  that the incapacity is likely to be permanent;

or, alternatively, if he proves to the satisfaction of the Tribunal-

   (d)  that he is to the degree of not less than eighty-five per centum
        permanently incapacitated for work otherwise than by an intentional
        self-inflicted injury;

   (e)  that by reason of such incapacity he is unable to continue in
        employment as a mine worker;

   (f)  that he has been engaged as a mine worker in Victoria for a continuous
        period of not less than twenty years immediately preceding his
        cessation of employment as a mine worker by reason of such incapacity;
        and

   (g)  that he has paid contributions to the fund for a period of at least
        five years.

No person shall be eligible for a pension, except under paragraphs (a)(b) and
(c) of this subsection, if his employment as a mine worker ceased before the
commencement of the Coal Mine Workers Pensions (Amendment) Act 1957 by reason
of the incapacity.

(2) Where a mine worker is awarded a pension pursuant to subsection (1) of
this section the total amount payable to him as pension shall be reduced by
the average weekly amount which he earns or which the Tribunal finds he might
reasonably earn from available employment not inconsistent either in itself or
by reason of the conditions under which it is performed with the maintenance
of his health in either of the following cases, that is to say-

   (a)  where the pension is awarded on the ground of partial incapacity; or

   (b)  where the pension was awarded on the ground of total incapacity and
        subsequently thereto he has so far recovered as to be fit for
        employment of the character referred to in the foregoing provisions of
        this subsection.

(3) Where a mine worker is not eligible for a pension under the foregoing
provisions of this section and he proves to the satisfaction of the Tribunal
that he is permanently incapacitated otherwise than by his own deliberate act
from continuing in employment as a mine worker a refund of the contributions
made by such mine worker to the fund shall be made to him:

Provided that where a mine worker receives a refund under this subsection and
subsequently thereto is again employed as a mine worker his period of
employment as a mine worker prior to his receiving such refund shall not be
taken into account under section one hundred and four of this Act for the
purpose of determining his eligibility to receive a pension.

(4) If upon an application by a mine worker for a pension or a refund under
this section any question arises as to whether he is incapacitated or whether
the incapacity is due to his own act the question shall be determined by the
Tribunal upon a report from a medical practitioner registered under the
Health Professions Registration Act 2005 appointed by the Tribunal as a
medical officer for the purpose of this Part:

Provided that upon receipt by the Tribunal of an adverse report from the
medical officer and before a determination is made the mine worker shall have
the right to obtain a second report from a medical practitioner registered
under the Health Professions Registration Act 2005 mutually agreed upon by the
mine worker and the Tribunal.