Organisation

AGY-441 | Silicosis Joint Committee (1927-1938) / Silicosis Joint Committee No.1 (1938-1942) / Workers Compensation (Silicosis) Committee (1942-1967) / Workers Compensation (Dust Diseases) Board (1967-2015)

NSW State Archives Collection
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The first members of the Silicosis Joint Committee were appointed on 25 November 1927. (1) The committee was part of the Workmen’s Compensation (Silicosis) Scheme No.1, 1927 set up in accordance with the provisions of the Workmen’s Compensation (Silicosis) Act 1920 (Act No.13, 1920). The scheme was initially drafted by the Board of Trade, then redrafted by the Workers Compensation Commission, before being submitted to the Minister for approval. (2) Its primary concern was providing compensation to workers, or their dependants, who had been disabled by silicosis or any other disease caused by exposure to silica dust. (3) At first this scheme applied only to stonemasons, quarrymen, rockchoppers or sewer-miners employed in the sandstone industry in the County of Cumberland. However, the boundaries of the scheme were gradually extended and varied in 1929, 1930, 1933 and 1936 respectively. (4)

The Committee consisted of five members; one independent presiding officer, one representative of the Crown, one representative of other employers affected by the scheme and two employee representatives. (5) Their first meeting was held on 7 December 1927. (6) The Committee had the jurisdiction to inquire into and determine matters relating to compensation. It was also responsible for managing the General Compensation Fund which was maintained by subscriptions from employers based in the industry concerned and government subsidies. The fund was used to cover the liabilities incurred by the scheme including, salaries and compensation. (7) Under the Workmen’s Compensation (Silicosis) Scheme No.1, 1927 the Committee also had the responsibility of ensuring that all workers covered by the Scheme underwent medical examinations to ensure that they met the physical standard specified to be employed in these industries. In determining these matters the committee relied upon the findings of the Medical Authority which was also set up under the scheme. The authority consisted of three legally qualified medical practitioners. (8)

On 18 March 1938 the Workmen’s Compensation (Silicosis) Scheme No.1, 1927 was abolished and replaced by the Workers’ Compensation (Silicosis) Scheme No.1,1938. This was basically an amended and extended version of the earlier scheme. The Silicosis Joint Committee was reconstituted, three members now being appointed by the minister; one member representing employers, one representing employees and an independent chairman. It was responsible for administering the compensation fund, which now became known as the Silicosis Compensation Fund No.1. (9)

The Workmen’s Compensation (Silicosis) Scheme No.2 was gazetted. on 25 March 1938. This Scheme extended to include workers in the iron, steel, glass making, ore milling, brick, tile and pottery industries where the dust content of the air constituted a health hazard. A five member committee was created under the scheme and was known as the Silicosis Joint Committee No.2. They were responsible for testing the atmospheric dust content to assess compensation claims and also to determine the levy imposed on employers, (The amount required reflected the level of risk). This levy was used to maintain the Silicosis Compensation Fund No.2 which was administered by the committee. (10)

The Workers’ Compensation (Silicosis) Act, 1942 (Act No. 14 of 1942) was enacted on 1 July 1942. (11) This Act repealed the Workmen’s Compensation (Silicosis) Act,1920-36 and all schemes that were enacted under it. (12) The new act covered workers employed anywhere in New South Wales, except for coal mines or Broken Hill Mines which are covered by separate legislation. (13) The Workers Compensation (Silicosis) Committee was constituted under the Act replacing the two previous committees. It consisted of an independent chairman, two employee representatives and two employer representatives. (14) The Workers Compensation (Silicosis) Fund was also set up combining any assets from the two previous funds. It continued to be maintained by employer contributions.

On 4 January 1968, the Workers Compensation (Dust Diseases) Amendment Act 1967 (Act No.98, 1967) was proclaimed. (15) The Workers Compensation (Silicosis) Committee was dissolved and replaced with the Workers Compensation (Dust Diseases) Board. Similarly the Workers Compensation (Silicosis) Fund became the Workers Compensation (Dust Diseases) Fund. (16) The Act was extended to cover not just diseases caused by silica dust but dust diseases in general, there now being 25 different dust diseases that qualified for compensation under the Act. (17)

The Act was again amended in 1977, allowing for the adjustment of compensation benefits twice a year, and in 1983 extending the definition of the term "dust disease" and providing for an avenue of appeal against the decisions of the Board or the Medical Authority. (18)

On 21 July 1989 the Dust Diseases Tribunal was created by the Dust Diseases Tribunal Act 1989 (Act No.63, 1989) and the Workers’ Compensation (Dust Diseases) Amendment Act 1989 (Act No.64, 1989). (19). The Tribunal was set up to expedite the common-law claims of dust disease sufferers and was funded from the Workers Compensation (Dust Diseases) Fund. (20)

The Workers Compensation (Broken Hill) Act, 1920 (Act No.36, 1920) was repealed on 1 February 1996 and assistance to the Broken Hill miners and their dependents was transferred to the Workers Compensation (Dust Diseases) Act. (21)

The Workers Compensation (Dust Diseases) Board was abolished on 1 September 2015 by the State Insurance and Care Governance Act 2015 (Act No.19, 2015) and the Board was then continued as the Workers Compensation (Dust Diseases) Authority. (22)

Endnotes
1. NSW Government Gazette No.168, 25 November 1927, p.5512.
2. Workers Compensation Commission, Annual Report, 1976/77, Parliamentary Papers, Vol.2, 1927, p.549.
3. NSW Government Gazette No.131, 16 September 1927, p.4583.
4. Workers’ Compensation Dust Diseases Board, Annual Report, 1995/96, p.7.
5. NSW Government Gazette No. 131, 16 September 1927, p.4586.
6. Workers Compensation Commission, Annual Report, 1927/28, p.27, Parliamentary Papers, Vol.2, 1928, p.473.
7. ibid., p.27.
8. ibid., p.28.
9. NSW Government Gazette No. 45, 18 March 1938, pp.1205-1216.
10. NSW Government Gazette No. 48, 25 March 1938, pp.1321-1331.
11. NSW Government Gazette No.94, 26 June 1942, p.1969.
12. Workers Compensation (Silicosis) Act No.14 of 1942, Section 2(1).
13. Workers Compensation (Silicosis) Act No.14 of 1942, Section 4.
14. Workers Compensation (Silicosis) Act No.14 of 1942, Section 5.
15. NSW Government Gazette No.144, 29 December 1967, p.4911.
16. Workers Compensation (Dust Diseases) Amendment Act, Section 2(a-c).
17. Workers Compensation (Dust Diseases) Amendment Act, Section 3(m).
18. Workers’ Compensation Dust Diseases Board, Annual Report, 1995/96, p.8.
19. NSW Government Gazette No. 84, 21 July 1989, p. 4495.
20. Workers’ Compensation Amendment Act No. 64 of 1989, Section 3.
21. Workers’ Compensation Dust Diseases Board, Annual Report, 1995/96, p.8.
22. State Insurance and Care Governance Act 2015 (Act No.19, 2015), Schedule 10 [26], amending the Workers Compensation (Dust Diseases) Act 1942 (Act No.14, 1942), adding Part 7, cl.15(1); Commencement proclamation (2015 No 524), NSW Legislation Website, 28 August 2015.

REFERENCES
New South Wales Government Gazette. Sydney, Government Printer, 1927-1996.
Blue Books (Public Service Lists) 1927-1960, Sydney, Government Printer, 1927-1960.
New South Wales Government Directory. Sydney, New South Wales Government Information Service, 1977-1996.
Joint Volumes of the Parliamentary Papers of the Legislative Council and Legislative Assembly [of New South Wales] 1927-1980.
Archives Authority of NSW, "The Concise Guide" 2nd Edition, Sydney, The Authority, 1992.
Workers Compensation (Dust Diseases) Board, Annual Report, 1995/96.
Workers Compensation (Silicosis) Act No.14 of 1942.
Workers Compensation (Dust Diseases) Amendment Act No. 98 of 1967.

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