Workers' (Occupational Diseases) Relief Fund Act 1954

In this Act, unless the contrary intention appears – basic rate means a sum equal to the basic salary for the purposes of Division 1 of Part VI of the Workers Rehabilitation and Compensation Act 1988;Board means the Workers' (Occupational Diseases) Relief Fund Board, as continued under this Act immediately before the commencement date; caring partner, in relation to a person, means the person who is in a caring relationship, within the meaning of the Relationships Act 2003, with that person; certifying medical officer means a person appointed as a certifying medical officer under section 14; commencement date means the date of commencement of the Workers Compensation Legislation Amendment Act 1993; court includes a tribunal or authority which is empowered by, or under, law to determine any matter judicially; dependants means such members of the family of an employee as were dependent, wholly or partly, upon the earnings of the employee at the time of his or her death or would have been so dependent but for the incapacity of the employee due to disease, and includes a person whom the Secretary considers to be, or to have been, actually dependent upon the earnings of an employee; disease means a disease specified in Schedule 2; employee means a person to whom this Act applies as provided by section 4; employer means a person with whom an employee has entered into a contract of employment or apprenticeship and includes the personal representative of a deceased employer; functions includes duties; legal proceedings includes an arbitration; medical referee means a person appointed as a medical referee under section 14; member of the family, in relation to an employee, means the spouse, caring partner, father, step-father, grandfather, mother, step-mother, grandmother, son, step-son, grandson, daughter, step-daughter, granddaughter, brother, half-brother, sister or half-sister of the employee; mineral does not include coal or shale; mining operations means – the disturbing, removing, carting, carrying, sifting, smelting, refining, crushing or otherwise dealing with or treating any rock, stone, quartz, clay, sand, soil, ore or mineral by any method for the purpose of obtaining metals or minerals or for prospecting for metals or minerals; and any process in connection with the dealing with, treating or handling of, any rock, stone, quartz, clay, sand, soil, ore or mineral for that purpose; and the dealing with, treating or handling, in connection with a process mentioned in paragraph (a) or (b), of any by-products or residues produced by, or arising from, that process; and the cutting, dressing, shaping or working on any stone, granite, marble or other similar substance; and the quarrying of blue metal or freestone; and the driving of a tunnel – but does not include sluicing, dredging or any similar operations or mining for coal or shale, or the quarrying or crushing of any materials required for the construction or maintenance of roads; obligations includes duties and liabilities; property means any legal or equitable estate or interest, whether present or future and whether vested or contingent, or real or personal property of any description, and includes entitlements, powers and privileges; regulations means regulations made and in force under this Act;Secretary means the Secretary of the Department; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with that person;Workers' Fund means the Workers' (Occupational Diseases) Relief Fund as continued under this Act immediately before the commencement date.

References in this Act to the average weekly earnings of an employee before his or her incapacity or death are to be construed as references to his or her average weekly earnings as determined in accordance with Schedule 4.