AUSTRALIAN CAPITAL TERRITORY

Workers’ Compensation (Consequential Amendments) Act 1991
No. 106 of 1991
	
An Act to amend certain Acts consequent on the making of the Workers’ Compensation (Amendment) Act 1991
			    [Notified in ACT Gazette S3:  15 January 1992]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Workers’ Compensation (Consequential Amendments) Act 1991.
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on the day on which section 5 of the Workers’ Compensation (Amendment) Act 1991 commences.

Amendment of Acts
3.  The Acts specified in the Schedule are amended as set out in the Schedule.

	SCHEDULE	Section 3
AMENDMENT OF ACTS
Ambulance Service Levy Act 1990
Paragraph 12 (2) (a)—
Omit “Workmen’s”, substitute “Workers’ ”.
Annual Holidays Act 1973
Subsection 2 (1) (definitions of “agreement” and “award” and paragraph (b) of the definition of “shift-worker”)—
Omit “Conciliation and Arbitration Act 1904-1972”, substitute “Industrial Relations Act 1988”.
Paragraph 4 (2) (a)—
Omit “Workmen’s Compensation Act 1951-1973”, substitute “Workers’ Compensation Act 1951”.
Blood Donation (Acquired Immune Deficiency Syndrome) Act 1985
Section 2 (definition of “prescribed action”)—
Omit “Compensation (Commonwealth Government Employees) Act 1971 of the Commonwealth or the Workmen’s”, substitute “Commonwealth Employees Rehabilitation and Compensation Act 1988 of the Commonwealth or the Workers’ ”.
Children’s Services Act 1986
Subsection 59 (1) (definition of “Compensation Act”)—
Omit “Workmen’s”, substitute “Workers’ ”.
Paragraph 59 (2) (b)—
	(a)	Omit “paragraph (d)”, substitute “paragraphs (b) and (c)”.
	(b)	Omit “workman”, substitute “worker”.
Paragraph 59 (2) (c)—
	(a)	Omit “the First Schedule”, substitute “Schedule 1”.
	(b)	Omit “an amount equal to the sum first mentioned in subparagraph (b)”, substitute “the amount referred to in subparagraph (b) (i)”.
Paragraph 59 (2) (d)—
Omit “the First Schedule”, substitute “Schedule 1”.
Subsection 59 (3)—
	(a)	Omit “the provisions of paragraph 1A in the First Schedule”, substitute “clause 1A of Schedule 1”.
	(b)	Omit “sub-paragraph”, substitute “paragraph”.
Credit Act 1985
Section 9—
Omit “workman within the meaning of the Workmen’s”, substitute “worker within the meaning of the Workers’ ”.
Law Reform (Miscellaneous Provisions) Act 1955
Section 28—
Omit “any of the provisions of the Workmen’s Compensation Act 1951‑1952”, substitute “the Workers’ Compensation Act 1951”.
Long Service Leave (Building and Construction Industry) Act 1981
Subsection 3 (1) (definitions of “agreement” and “award”)—
Omit “Conciliation and Arbitration Act 1904”, substitute “Industrial Relations Act 1988”.
Paragraph 42 (2) (b)—
Omit “Workmen’s”, substitute “Workers’ ”.
Subparagraphs 57 (1) (b) (i) and (ii)—
Omit “Workmen’s”, substitute “Workers’ ”.
Magistrates Court Act 1930
Paragraph 54A (5A) (v)—
Omit “Workmen’s”, substitute “Workers’ ”.
Magistrates Court (Civil Jurisdiction) Act 1982
Paragraphs 4 (c) and 83 (1) (c)—
Omit “Workmen’s”, substitute “Workers’ ”.
Subsections 307A (1) and (2)—
Omit “Workmen’s”, substitute “Workers’ ”.
Motor Traffic Act 1936
Paragraph 54 (2) (a)—
Omit “Workmen’s Compensation Act 1946”, substitute “Workers’ Compensation Act 1951”.
Noise Control Act 1988
Paragraph 38 (1) (b)—
	(a)	Omit “Compensation (Commonwealth Government Employees) Act 1971”, substitute “Commonwealth Employees Rehabilitation and Compensation Act 1988”.
	(b)	Omit “Workmen’s”, substitute “Workers’ ”.
Public Trustee Act 1985
Paragraph 25 (3) (a)—
Omit “Workmen’s”, substitute “Workers’ ”.
Subparagraph 25 (8) (b) (i)—
	(a)	Omit “Workmen’s”, substitute “Workers’ ”.
	(b)	Omit “paragraph 9A of the First Schedule”, substitute “clause 9A of Schedule 1”.
Remand Centres Act 1976
Subsection 21A (1) (definition of “Compensation Act”)—
Omit “Workmen’s”, substitute “Workers’ ”.
Paragraph 21A (2) (b)—
	(a)	Omit “paragraph (d)”, substitute “paragraphs (b) and (c)”.
	(b)	Omit “workman”, substitute “worker”.
Paragraph 21A (2) (c)—
	(a)	Omit “clause” (wherever occurring), substitute “subparagraph”.
	(b)	Omit “the First Schedule”, substitute “Schedule 1”.
	(c)	Omit “an amount equal to the sum first mentioned in sub‑paragraph (b)”, substitute “the amount referred to in subparagraph (b) (i)”.
Paragraph 21A (2) (d)—
Omit “clauses 2 (b) (i) and (ii) of the First Schedule”, substitute “subparagraphs 2 (b) (i) and (ii) of Schedule 1”.
Subsection 21A (3)—
	(a)	Omit “the provisions of paragraph 1A in the First Schedule”, substitute “clause 1A of Schedule 1”.
	(b)	Omit “sub-paragraph”, substitute “paragraph”.
Supervision of Offenders (Community Service Orders) Act 1985
Subsection 10 (1) (definition of “Compensation Act”)—
Omit “Workmen’s”, substitute “Workers’ ”.
Paragraph 10 (2) (b)—
	(a)	Omit “paragraph (d)”, substitute “paragraphs (b) and (c)”.
	(b)	Omit “workman”, substitute “worker”.
Paragraph 10 (2) (c)—
	(a)	Omit “the First Schedule”, substitute “Schedule 1”.
	(b)	Omit “an amount equal to the sum first mentioned in sub‑paragraph (b)”, substitute “the amount referred to in subparagraph (b) (i)”.
Paragraph 10 (2) (d)—
Omit “the First Schedule”, substitute “Schedule 1”.
Subsection 10 (3)—
	(a)	Omit “the provisions of paragraph 1A in the First Schedule”, substitute “clause 1A of Schedule 1”.
	(b)	Omit “sub-paragraph”, substitute “paragraph”.
Workmen’s Compensation Supplementation Fund Act 1980
Long title—
	(a)	Omit “Workmen’s”, substitute “Workers’ ”.
	(b)	Omit “workmen’s”, substitute “workers’ ”.
Section 1—
Omit “Workmen’s”, substitute “Workers’ ”.
Section 2—
	(a)	From the definition of “employer” omit “Workmen’s”.
	(b)	From the definition of “employer’s policy”—
	(i)	omit “18 of the Workmen’s”, substitute “17B of the”; and
	(ii)	omit “workman employed by him”, substitute “worker employed by the employer”.
	(c)	From the definition of “Fund” omit “Workmen’s”, substitute “Workers’ ”.
	(d)	Omit the definition of “insurer”, substitute the following definition:
“ ‘insurer’ means an approved insurer within the meaning of the Compensation Act;”.
	(e)	Omit the definitions of “Commonwealth Companies Act”,  “workman” and “Workmen’s Compensation Act”.
	(f)	Insert the following definitions:
“ ‘Compensation Act’ means the Workers’ Compensation Act 1951;
‘worker’ has the same meaning as in the Compensation Act.”.
Heading to Part II—
Omit “WORKMEN’S”, substitute “WORKERS’ ”.
Subsections 3 (1) and (4)—
Omit “Workmen’s”, substitute “Workers’ ”.
Subsections 23 (1) and (2)—
	(a)	Omit “subsection 18 (2)”, substitute “section 17C”.
	(b)	Omit “Workmen’s”.
Paragraph 26 (1) (a)—
	(a)	Omit “his” (wherever occurring), substitute “the employer’s”.
	(b)	Omit “Workmen’s”.
	(c)	Omit “workman employed by him”, substitute “worker employed by the employer”.
Paragraph 26 (2) (a)—
	(a)	Omit “Workmen’s”.
	(b)	Omit “workman employed by him”, substitute “worker employed by the employer”.
Subsection 26 (5)—
Omit the subsection, substitute the following subsection:
“(5)  For the purpose of this section—
‘compensation’ includes an amount in settlement of a claim for compensation.”.
Paragraph 30 (2) (a)—
Omit “to which his appointment relates”.
Paragraph 30 (2) (b)—
Omit “Workmen’s”.
Paragraphs 30 (2) (d) and 31 (1) (b)—
After “his”, insert “or her”.
Subsection 31 (2)—
After “his”, insert “or her”.
Sections 32 and 34—
After “he”, insert “or she”.
Section 39—
(a)	After “his”, insert “or her”.
(b)	Omit “377 of the Commonwealth Companies Act, substitute “477 of the Corporations Law”.
Paragraph 39 (a)—
(a)	Omit “377 of that Act”, substitute “477 of that Law”.
(b)	Omit “authority” (wherever occurring), substitute “approval”.
Paragraph 39 (b)—
(a)	Omit “441”, substitute “556”.
(b)	Omit “377 (1) (b) of that Act”, substitute “477 (1) (b) of that Law”.
Subsections 40 (1) and (2)—
Omit “441 of the Commonwealth Companies Act”, substitute “556 of the Corporations Law”.
[Presentation speech made in Assembly on 28 November 1991]

©  Australian Capital Territory 1991