Pensions—permanent incapacity
105 Pensions—permanent incapacity
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).
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