Workers' (Occupational Diseases) Relief Fund Act 1954

Where it is established to the satisfaction of the Secretary, on the certificate of a certifying medical officer, or, on appeal from that certificate, on the certificate of a medical referee, that an employee is suffering from pneumonokoniosis, silicosis, or fibrosis in the first, second, or third stage of the disease and that the disease is reasonably attributable to employment in mining operations, the Secretary may pay compensation to the employee in accordance with this section.

The total compensation payable under this section in the case of a person suffering from any of the diseases referred to in subsection (1) of this section in the first or second stage of the disease shall not exceed such amount as the Secretary may determine, being – in the case of a person suffering from any of those diseases in the first stage, an amount not less than ten per centum and not greater than twenty per centum; or in the case of a person suffering from any of those diseases in the second stage, an amount not less than twenty-five per centum and not greater than fifty per centum – of the total compensation that could have been paid to him under this Act if by reason of suffering from that disease he was incapacitated from continuing to work as an employee.

The total compensation payable under this section to a person suffering from any of the diseases referred to in subsection (1) of this section in the third stage shall not exceed the total amount of compensation that could have been paid to him under this Act if, by reason of suffering from that disease, he had been incapacitated from continuing to work as an employee.

For the purposes of this section, an employee shall be deemed to be suffering from pneumonokoniosis, silicosis, or fibrosis – in the first stage, when he has early radiological changes suggestive of the disease (being changes that were not present when any radiological examination was made of him on his presenting himself for medical examination under section eighteen); and in the second stage, when – he has definite physical signs of the disease or radiological changes indicative of the disease have occurred to greater degree than those referred to in paragraph (a) of this subsection; and his capacity for work is impaired to some extent by the disease; and in the third stage, when (whether or not accompanied by infection or tuberculosis) severe symptoms of the disease are present and major radiological changes indicative of the disease have occurred.

The provisions of this Act relating to compensation in the case of an employee who is incapacitated, so far as they are applicable, apply in the case of an employee who is receiving compensation under this section.

An employee who is receiving or has received compensation under this section shall not perform any work in connection with mining operations or be employed therein, except as may be approved by the Secretary on the recommendation of a certifying medical officer.

An employee who performs any work, and an employer who knowingly employs an employee, in contravention of subsection (5) of this section is guilty of an offence. Fine not exceeding 10 penalty units, together with a daily fine not exceeding 1 penalty unit.

In addition to any penalty prescribed by subsection (6) of this section, an employee who is guilty of an offence against this section forfeits any claim to compensation under this Act.