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This Act may be cited as the Coal Mines (Pensions) Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
Ss 2–4 repealed by No. 6/1987 s. 3(c).
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In this Act, unless inconsistent with the context or subject-matter—
agent, in relation to any mine, means any person appointed as the representative of the owner in respect of the mine, or of any part thereof, and as such superior to a manager appointed pursuant to this Act;
S. 5 defs of boy, check-inspector, Court repealed by No. 6/1987 s. 3(d).
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manager means the person having the management of the mining operations in any mine;
mine includes every shaft in the course of being sunk, every tunnel and road in the course of being driven, and all the shafts tunnels roads works tramways and sidings, both below ground and above ground, in and adjacent to and belonging to a mine under this Act;
miner means any person employed in or about a mine;
S. 5 defs of naked-light mine, overman repealed by No. 6/1987 s. 3(d).
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owner, in relation to any mine, means any person or body corporate who is the immediate proprietor or lessee or occupier of the mine or of any portion thereof, but does not include a person or a body corporate who merely receives a royalty rent or fine from a mine, or is merely the proprietor of a mine subject to any lease grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor for the working of any mine or any portion thereof shall be subject to this Act in like manner as if he were an owner, but so as not to exempt the owner from any liability.
S. 5 defs of Part, plan, prescribed, regulations, safety-lamp mine, shaft, ventilating district repealed by No. 6/1987 s. 3(d).
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Pt 1 (Heading) repealed by No. 74/2000 s. 3(Sch. 1 item 21.1).
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Pt 1 Divs 1–13 (ss 6–61) repealed.[1]
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Pt 1 Div 14 (ss 62–72) repealed.[2]
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Pt 1 Div 15 (Heading and ss 73–83) repealed.[3]
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Pt 2 (Heading and ss 84–99) amended by No. 7228 s. 7(Sch. 4 Pt 4), repealed by No. 7715 s. 3(1).
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Part III—Coal mine workers pensions
Division 1—Preliminary
S. 100 amended by No. 49/1992 s. 109, repealed by No. 4/1996 s. 134(1)(a).
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S. 100A inserted by No. 82/1996 s. 3(2).
This Part is to be administered by the Board which administers a public sector superannuation scheme and is appointed by the Minister by notice published in the Government Gazette to be the administrator of this Part.
A reference in this Part to—
the Pensions Tribunal or the Tribunal is to be construed as a reference to the Board; and
the Chairman of the Tribunal is to be construed as a reference to the President or Chairperson of the Board, as the case may be.
Ss 101, 102 repealed by No. 82/1996 s. 5.
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Division 2—Compulsory retirement and pensions
S. 103 amended by Nos 6455 s. 2, 6839 s. 4, 9699 s. 23 (Sch. 2), 9902 s. 2(1)(Sch. item 15), repealed by No. 42/1995 s. 224(Sch. 2 item 8).
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S. 104 amended by Nos 6565 s. 2(a), 6703 s. 2(a), 7628 s. 3(a), 7718 s. 2(a), 7857 s. 2(a), 8005 s. 2(a), 8123 s. 2(1)(a), 8171 s. 2(1)(a), 8278 s. 2(a), 8316 s. 2(a), 8416 s. 2(1), 8791 s. 2(1), 10182 s. 4(a).
Any person engaged in the coal mining industry as a mine worker at the commencement of Part II of the Coal Mine Workers Pensions Act 1942 or at the date of retirement (as the case may be) shall be eligible, as from the date of retirement or (in the case of a person who having attained the retiring age has ceased to be engaged in the coal mining industry after the thirty-first day of December One thousand nine hundred and forty-one but before the commencement of the said Part) 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 that—
he has been continuously resident in Victoria during the five years immediately preceding the date of retirement, and he has actually worked as a mine worker for not less than sixty days in each of these years; or
(i) he has been resident in Victoria for not less than five years out of the seven years immediately preceding the date of retirement; and
he has actually worked in or about a coal mine in Australia for not less than five hundred days in the said period of seven years; and
he has actually worked as a mine worker in Victoria for not less than sixty days in each of the years he has been resident in Victoria including the twelve months immediately preceding the commencement of the said Part or the date of retirement (as the case may be):
Provided that the Tribunal shall not award a pension under this section to any mine worker unless, in its opinion, the employment of such mine worker was bona fide, and was not arranged solely or mainly for the purpose of enabling such mine worker to become eligible for a pension pursuant to this section.
S. 105(1) amended by Nos 6565 s. 2(b), 6703 s. 2(b), 7628 s. 3(b), 7718 s. 2(b), 7857 s. 2(b), 8005 s. 2(b), 8123 s. 2(1)(b), 8171 s. 2(1)(b), 8278 s. 2(b), 8316 s. 2(b), 8416 s. 2(2), 8791 s. 2(2), 10182 s. 4(b).
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—
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;
that by reason of such incapacity he is unable to continue in employment as a mine worker; and
that the incapacity is likely to be permanent;
or, alternatively, if he proves to the satisfaction of the Tribunal—
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;
that by reason of such incapacity he is unable to continue in employment as a mine worker;
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
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.
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—
where the pension is awarded on the ground of partial incapacity; or
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.
S. 105(3) amended by No. 7628 s. 4(1).
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.
S. 105(4) amended by Nos 23/1994 s. 118(Sch. 1 item 11.1), 97/2005 s. 182(Sch. 4 item 11), 13/2010 s. 51(Sch. item 14.1).
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 registered medical practitioner appointed by the Tribunal as a medical officer for the purpose of this Part:
S. 105(4) Proviso amended by Nos 23/1994 s. 118(Sch. 1 item 11.1), 97/2005 s. 182(Sch. 4 item 11), 13/2010 s. 51(Sch. item 14.1).
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 registered medical practitioner mutually agreed upon by the mine worker and the Tribunal.
S. 105(5) inserted by No. 13/2010 s. 51(Sch. item 14.2).
In subsection (4), registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).
S. 106 amended by No. 74/2000 s. 3(Sch. 1 item 21.2).
Where a mine worker becomes eligible for a disablement pension or a retiring pension he shall also be eligible for additional payments of the following amounts—
S. 106(a) amended by Nos 6565 s. 2(c), 6703 s. 2(c), 7628 s. 3(c), 7718 s. 2(c), 7857 s. 2(c), 8005 s. 2(c), 8123 s. 2(1)(c), 8171 s. 2(1)(c), 8278 s. 2(c), 8316 s. 2(c), 8416 s. 2(3), 10182 s. 4(c).
an amount of $67 per week in respect of his wife which amount shall be payable until her death or until she ceases to be his wife;
S. 106(b) amended by Nos 8278 s. 2(d), 10182 s. 4(d).
an amount of $14 per week in respect of each child and step-child under the age of sixteen years who is totally or mainly dependent on his earnings which amount shall be payable until such child attains the age of sixteen years;
S. 106(c) amended by Nos 6565 s. 2(c), 6703 s. 2(c), 7628 s. 3(c), 7718 s. 2(c), 7857 s. 2(c), 8005 s. 2(c), 8123 s. 2(1)(c), 8171 s. 2(1)(c), 8278 s. 2(c), 8316 s. 2(c), 8416 s. 2(3), 10182 s. 4(e).
where no amount is payable under paragraph (a) of this subsection an amount of not more than $67 per week in respect of one female who is totally or mainly dependent on his earnings, and who is a member of the mine worker's family over the age of sixteen years caring for any child or step-child of the mine worker under the age of sixteen years which amount shall be payable until her death or marriage or until she ceases to be such a dependant.
Notwithstanding anything in paragraph (a) of this section the Tribunal shall refuse to award an addition to the pension of a mine worker in respect of his wife or shall cancel or suspend so much of any pension as consists of such addition where it is satisfied that the wife is living apart from her husband and that the husband is not maintaining or contributing a reasonable sum to the support of his wife.
S. 107(1) amended by Nos 6565 s. 2(d), 6703 s. 2(d), 7628 s. 3(d), 7718 s. 2(d), 7857 s. 2(d), 8005 s. 2(d), 8123 s. 2(1)(d), 8171 s. 2(1)(d), 8278 s. 2(e), 8316 s. 2(d), 8416 s. 2(4), 8791 s. 2(3), 10182 s. 4(f).
Upon the death of—
a person who has been awarded or who was eligible to receive a disablement pension or a retiring pension; or
a mine worker whose death has been found to have been due to injury (not being an intentional self-inflicted injury)—
the widow of such person or mine worker or the female in respect of whom such person or mine worker if he had remained alive and been granted a pension would have been entitled to an additional payment shall be eligible for a pension of $102.30 per week until the death re-marriage or marriage of such widow or female, as the case may be, and the persons referred to in paragraph (b) of section one hundred and six of this Act shall also be eligible for pensions of an amount equal to the amount referred to in that paragraph and for the period specified in that paragraph.
S. 107(1A) inserted by No. 7076 s. 2(a), amended by Nos 7628 s. 3(e), 7718 s. 2(d), 7857 s. 2(d), 8005 s. 2(d), 8123 s. 2(1)(d), 8171 s. 2(1)(d), 8278 s. 2(e), 8316 s. 2(d), 8416 s. 2(4), 8791 s. 2(3), 10182 s. 4(g).
Where the death of a mine worker has occurred on or after the eighth day of December One thousand nine hundred and sixty-two or occurs after the commencement of the Coal Mines (Amendment) Act 1963 the widow of that mine worker or the female in respect of whom such mine worker if he had remained alive and been granted a pension would have been entitled to an additional payment shall be eligible for a pension of $102.30 per week from the date of the death of the mine worker (whether the death occurred before or after the commencement of the Coal Mines (Amendment) Act 1963) until the death remarriage or marriage of such widow or female, as the case may be:
Provided that the pension payable to any such widow or female in respect of any period prior to the fourth day of October One thousand nine hundred and sixty-three shall be at the rate of $11.75 per week.
S. 107(2) amended by No. 7628 s. 4(1).
If a mine worker dies leaving dependants and no pension is payable to any of such dependants under the foregoing provisions of this Division a refund of the contributions to the fund made by the mine worker shall be made to the personal representative of such mine worker.
S. 107(3) amended by No. 10191 s. 276(Sch. 2).
Except as provided in this section no person who is eligible for a pension under subsection (1) of this section (in this section hereinafter referred to as a "dependant"), shall be entitled to a pension under this Act as well as compensation under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 (as the case requires) or damages received or recovered independently of that Act in respect of the death of the mine worker.
S. 107(4) amended by No. 10191 s. 276(Sch. 2).
Where either before or after the commencement of this Act the mine worker upon whose death the dependant is eligible for a pension had during his lifetime made a claim against his employer for compensation under the Workers Compensation Act 1958 or a claim under the Accident Compensation Act 1985 (as the case requires) in respect of the injury or where, either before or after the commencement of this Act, the dependant has received or is in receipt of or would, upon application, be entitled to compensation under that Act in respect of the death of the mine worker, the following provisions shall have effect—
S. 107(4)(a) amended by No. 10191 s. 276(Sch. 2).
where the mine worker had received an amount of compensation for any injury mentioned in the Table referred to in section eleven of the Workers Compensation Act 1958 or in section 98 of the Accident Compensation Act 1985 (as the case requires), or a lump sum in redemption of weekly payments the disqualification under subsection (3) of this section shall cease to have effect on the expiration of a period of weeks ascertained by dividing—
the total amount of such compensation; or
such lump sum together with all amounts received by way of weekly payments of compensation in respect of the same injury—
(as the case may be) by such weekly rate as the Governor in Council from time to time determines.
S. 107(4)(b) amended by No. 10191 s. 276(Sch. 2).
where the amount of compensation payable under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 (as the case requires) in respect of the death of the mine worker had before the appointed day within the meaning of the Accident Compensation Act 1985 been paid into the custody of the Workers Compensation Board or has after that day been paid to the Accident Compensation Tribunal under the Accident Compensation Act 1985 for administration under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 (as the case requires) the disqualification under subsection (3) of this section shall cease to have effect on the expiration of a period of weeks ascertained by dividing the total amount of such compensation by such weekly rate as the Governor in Council from time to time determines.
S. 107(4)(c) amended by No. 10191 s. 276(Sch. 2).
where the dependants or any of them who are eligible for pensions would, upon application, be entitled to compensation under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 (as the case requires) the disqualification under subsection (3) of this section shall continue until such time as the application is made, and thereafter until such disqualification ceases to have effect pursuant to paragraph (b) of this subsection.
Nothing in this paragraph shall be construed as disqualifying the dependants or any of them from receiving a pension by reason only of the fact that proceedings in respect of the death of the mine worker have been taken independently of the Workers Compensation Act 1958 or the Accident Compensation Act 1985 (as the case requires).
Where either before or after the commencement of this Act—
S. 107(5)(a) amended by No. 10191 s. 276(Sch. 2).
the mine worker upon whose death the dependant is eligible for a pension has, in his lifetime, received or recovered damages from his employer independently of the Workers Compensation Act 1958 or received or recovered damages independently of the Accident Compensation Act 1985 (as the case requires) in respect of the injury; or
the dependant has received or recovered or receives or recovers damages independently of that Act in respect of the death of the mine worker—
the disqualification under subsection (3) of this section shall have effect until the expiration of a period to be determined in accordance with regulations made in that behalf.
Such regulations shall as far as practicable apply to and in respect of such damages the like principles as under subsection (4) of this section are applicable to and in respect of compensation.
Without prejudice to the generality of the power to make regulations, the regulations made in relation to the matters referred to in this subsection may prescribe conditions subject to which such principles shall be so applied and may provide that part only of the amount of such damages is to be taken into account for the purposes of such regulations and in such case shall prescribe such part or the manner of ascertaining the same.
Ss 108, 109 repealed by No. 82/1996 s. 5.
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Where a mine worker becomes eligible for a retiring pension or a disablement pension the pension shall, subject to this Part, be payable to him until his death.
No mine worker shall be paid more than one pension under this Part.
S. 110(3) amended by Nos 6565 s. 2(e), 6703 s. 2(e), 7628 s. 3(f), 7718 s. 2(e), 7857 s. 2(e), 8005 s. 2(e), repealed by No. 8123 s. 3, new s. 110(3) inserted by No. 8416 s. 4, amended by No. 10182 s. 4(h).
After the commencement of the Coal Mines (Pensions Increase) Act 1985 when and so often as the rates of Age, Invalid, or Widows' Pensions under the Commonwealth Act known as the Social Security Act 1947, as amended from time to time, are increased or reduced or any allowances payable in respect of any such pensions are increased or reduced the weekly amounts of pensions and additional payments referred to in this Part shall be increased or reduced as follows—
where the rate of the Age Pension under the said Commonwealth Act is increased or reduced the weekly amount at that time payable in respect of pensions under section 104 shall be varied by adding to or subtracting from that amount an amount equivalent to the weekly increase or reduction in the Age Pension;
where the rate of the Invalid Pension under the said Commonwealth Act is increased or reduced the weekly amount at that time payable in respect of pensions under section 105 shall be varied by adding to or subtracting from that amount an amount equivalent to the weekly increase or reduction in the Invalid Pension;
where the rates of the dependants' and other allowances under the said Commonwealth Act are increased or reduced the weekly amounts of the corresponding additional payments at that time payable under section 106 shall be varied by adding to or subtracting from those amounts amounts equivalent to the weekly increase or reduction in the corresponding allowances under the said Commonwealth Act;
where the rate of the Widow's Pension under the said Commonwealth Act is increased or reduced the weekly amount at that time payable in respect of pensions under section 107 shall be varied by adding to or subtracting from that amount an amount equivalent to the weekly increase or reduction in the Widow's Pension.
S. 110(4) inserted by No. 6703 s. 3, repealed by No. 7628 s. 2(1), new s. 110(4) Inserted by No. 8416 s. 4.
Any increase pursuant to the provisions of this section in the amount of any pension or additional payment payable under this Part shall be payable with respect to the first full pay period for pensions under this Part which next occurs after the day upon which the pensions payable pursuant to the said Commonwealth Act are paid at an increased rate.
S. 110(5) inserted by No. 6703 s. 3, repealed by No. 7628 s. 2(1), new s. 110(5) Inserted by No. 8416 s. 4.
Any reference in subsection (3) to a weekly amount payable under this Part in respect of a pension or additional payment shall be read and construed—
until the weekly amount payable under any particular section is varied by the operation of subsection (3)—as a reference to the weekly amount expressed in the section to be payable in that case; and
where the amount payable under any particular section has been varied by the operation of subsection (3)—as a reference to the amount specified in the section as varied from time to time by the operation of subsection (3) and for the time being declared by Order under subsection (6) to be the weekly amount payable in respect of a pension or additional payment under that section.
S. 110(6) inserted by No. 6703 s. 3, repealed by No. 7628 s. 2(1), new s. 110(6) Inserted by No. 8416 s. 4.
When and so often as the weekly amounts referred to in this Part are varied by the operation of this section the Governor in Council may, by Order published in the Government Gazette, declare to be the weekly amounts to be paid on and from the day set forth in the Order in respect of pensions and additional payments under this Part the amounts specified in the Order and thereupon the amounts so declared shall be and be taken to be the weekly amounts payable under the several provisions of this Part in respect of the pensions and additional payments under this Part.
S. 110(7) inserted by No. 6703 s. 3, repealed by No. 7628 s. 2(1).
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S. 111 amended by Nos 7076 s. 2(b), 10191 s. 276(Sch. 2), repealed by No. 82/1996 s. 5.
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S. 112 amended by No. 7805 s. 2.
There shall be deducted from the amount payable to any person as a pension under this Act any amount (calculated where necessary in Australian currency) which that person, or any dependant in respect of whom he is entitled to an additional payment, is entitled to receive whether upon application or without application in that behalf—
from any age invalid or widow's pension or wife's allowance under any Commonwealth Act; or
by way of any other pension while residing in a State or country outside Victoria—
in respect of any period for which a pension is payable under this Act.
Every application for a pension—
shall be in or to the effect of the prescribed form;
shall contain such particulars as are prescribed;
shall be verified as prescribed; and
shall be lodged with or forwarded to the Registrar.
Upon receipt of any such application the Registrar shall make or cause to be made such investigations as appear to him desirable or as are directed, either generally or in any particular case, by the Chairman or by the Tribunal.
Upon completion of his investigations the Registrar shall submit the application together with a full report of the result of his investigations to the Tribunal.
The Tribunal shall thereupon consider the application and the report.
S. 113(5) amended by No. 10191 s. 276(Sch. 2).
The Tribunal may allow or disallow the application or may refer the application to the Accident Compensation Tribunal.
S. 113(6) amended by No. 10191 s. 276(Sch. 2).
Any person aggrieved by a determination of the Tribunal as to his liability to contribute to the fund or as to his eligibility to receive a pension may within the prescribed period appeal against such determination to the Accident Compensation Tribunal.
S. 113(7) amended by No. 10191 s. 276(Sch. 2).
The Accident Compensation Tribunal shall have jurisdiction to hear and determine any application referred or appeal made to it under this section and in the case of an appeal the Accident Compensation Tribunal shall have jurisdiction, if it upholds the appeal, to award costs against the Tribunal and determine the amount thereof.
S. 113(8) amended by No. 10191 s. 276(Sch. 2).
The power to make rules conferred on the Accident Compensation Tribunal by the Accident Compensation Act 1985 shall extend to the making of rules for regulating the procedure and practice of that Tribunal in dealing with applications referred and appeals made to it under this section and for prescribing all matters which are necessary or convenient to be prescribed by such rules in relation to the exercise of the jurisdiction conferred upon that Tribunal by this section.
S. 113(9) amended by No. 10191 s. 276(Sch. 2).
The decision of the Accident Compensation Tribunal on any application referred to it or any appeal under this section shall be final and conclusive and shall be binding upon the applicant and the Tribunal.
Where the Tribunal allows the application it shall in its determination specify the rate of pension (including any additional amounts) awarded, and the date as from which the pension is to be payable.
S. 113(11) amended by No. 10191 s. 276(Sch. 2).
Where the Tribunal refers the application to the Accident Compensation Tribunal the Accident Compensation Tribunal shall in its determination specify the rate of pension (including additional amounts) awarded and the date as from which the pension is to be payable.
Any such determination shall be embodied in an order and a copy thereof shall be lodged with the Registrar and filed by him with the records of the Tribunal.
Ss 114, 115 amended by No. 7628 s. 4(1), repealed by No. 82/1996 s. 5.
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S. 115A inserted by No. 82/1996 s. 4.
A person receiving a pension under this Part may elect in writing to the Board to convert his or her pension entitlement to a lump sum.
The amount of the lump sum payment is to be determined by the Board on the advice of an actuary.
Pt 3 Div. 3 (Heading and ss 116–118) repealed.[4]
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Pt 3 Div. 4 (Heading) amended by No. 31/1994 s. 3(Sch. 1 item 10.1).
Division 4—Pensions and contributions
S. 119 amended by Nos 81/1989 s. 3 (Sch. item 4), 49/1992 s. 110, substituted by No. 31/1994 s. 3(Sch. 1 item 10.2).
All pensions payable to mine workers or dependants of mine workers and the expenses involved in the administration of this Part shall be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.
S. 120 repealed by No. 31/1994 s. 3(Sch. 1 item 10.3)
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S. 121 repealed.[5]
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Division 5—Miscellaneous
Showing the first 12 of 16 provisions. See all provisions