This Act shall come into operation on the

first day of July, one thousand eight hundred and ninetyeight.

(2) Tlis Act may he cited as the Workmen’s Compensation Act, 1897.

SCHEDULES

FIRST SCHEDULE SCALE AND CONDITION oF COMPENSATION Scale

(1) The amount of Compensation under this Act shall : be—

(a) where death results from the injury —

(i.) if the workman leaves any dependants wholly dependant upon his earnings at the time of his death, a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum ofone hundred and fifty pounds, whichever of those sums is the larger, but not exceeding in any case three hundred pounds, pro et the amount of any Weekly payments made und: this Act shall be deducted from such sum, and ifthe period of the workman's employment by the said emj'loyer has been less than the said three years then the ar iount of his earnings during the said three years shall ke deemed to be 156 times his average weekly earnings during the period of his actual employment under the said employer ;

(ii.) if the workman does not leave any such dependants, but leaves any dependants in part dependant upon his earnings at the time of his death, such sum, not exceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration under this Act, to be reasonable and proportionate tothe injury to the said dependants ; and

(iii.) if he leaves no dependants, the reasonable expenses of his medical attendance and burial, not exceedding ten pounds.

(b) where total or partial incapacity for work results from the injury, a weekly payment during the incapacity after the second week not exceeding fifty per cent, of his average weekly carnings during the previous twelve months, if he has Éovs so long employed, but if not, then for any less period during which he has been in the employment of the same employers, such veekly payment not to exceed one pound.

(2) In fixing the amount sfthe weckly payment regard shall be had to the difference between the amount of the average Weekly earnings of the workman before the accident, and the average amount which he is able to ee:u after the accident, and to any payment not being wages he may receive from the employer in respect of his injury during the period of his incapacity.

(3.) Where a workman has given notice of an accident he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner provided and paid by the employer, and 1f he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and any proceeding under this Act in relation te mpensation, shall be suspended until such examinatic, -akes place.

(4) The payment shall, in case of deu h, be made to the legal personal representative of the workman, or, if he has no legal nersonal representative, to or for the benefit of his dependants, or, if he leaves no dependants, to the person to whom the expenses are due; and if made to the legal personal representative shall be paid by him to or for the ben:fit of the dependants or other person entitled thereto under this Act.

(5) £°y question as to who is a dependant, or as to the amount payable to each dependant, shall, in default of agreement, be settled by arbitration under this Act.

(6.) The sam allotted as compensation to a dependant may be iuvested or otherwise applied. for the benefit of the person entitled thereto, as agreed, or as ordered by the committee or other arbitrator.

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(7.) Any snm which is agreed or is ordered by the committee or arbitrator to be invested may be invested in whole or in part in the Post Office Savings Bank by the registrar of the county court in his name as registrar.

(8) Any sum to be so invested may be invested in the purchase of an annuity from the National Debt Commissioners through the Post Office Savings Bank, or be accepted by the l'ostmaster (teneral as a deposit in the name of the Registrar as such, and the provisions of any sStatute or regulations respecting the limits of deposits in savings bank and the Jeclaration to be made by a depositor, shall not apply to such sums.

(9.) No part of any money invested in the name of the registrar of any county court in the Post Office Savings Bank under this Act shall be paid out, except upon authority addressed to the Postmaster-(reneral by the Teasury or by the Judge ofthe county court,

(10) Any person deriving any benefit from any monevys invested in a p «t office savings bank under the provisions of this ÀÂct uay, nevertheless, open an account in a post office savings bank or in any other savings bank in his own name without being liable to any penalties inposed by any statute or regulations in respect of the opening of accounts in two savings bank, or of two accounts in the same savings bank.

(11) Any worktman receiving weekly payments under this Act shall, if so required by the employer, or by any person by whom the employer is entitled under this Act to be indemnified, from time to time submit himself for examination by a duly qualified medical practioner provided and paid by the employer, or such other person : but if the workman chjects to an examination by that medica} practioner, or is dissatislied by the certificate of such practioner upon his condition when communicated to him, he may submit himself for examination to one of the medical practioners appointed for the purposes of tais Act, as mentioned in the Second Schedule to this Act, and the certificate of that medical practitioner as to

the condition of the workman at the time of the examination sha1! }: given to the employer and workinan. and

sha!l b asive evidence of that condition. If the work: eluses to submit himself to such examination, or in y obstructs the same, his right to such weekl. jisia nts shall be suspended until such examination ‘as ‘41 place.

(12) Auz .imeut may be reviewed at the reques -mployer or ofthe workman, and ON SUCI evie 1 y 1: ended, diminished or increased subject to the 4 « above provided, and the amount Of paym at shall io default of agreement, be settled by

arbitration under this Act.

(18) Where any weekly payment has been continued for not ls than six months. the liabiiity therefor may, on the application by or on hehalf of the employer, be redeemed by the payment of a lump sum, to be settled, in default of agreement, by arbitration under this Act, and such lump sum may be ordered by the committee or arbitrator to be invested or otherwise applied as above mentioned,

(14) A weekly payment, a sum paid by Way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same.

(15.) Where a scheme certified under this Act provides for payment of compensation by a friendly society, the provisions of the proviso to the first subsection of section eight, section sixteen, and section forty-one of the Friendly Societies Act, 1896, shall not apply to such society in respect of such scheme.

(16) In the application of this schedule to Scotland the expression ‘ registrar of the county court ” means ‘“‘sheriff clerk of the county," and ‘“judge of the county court ” means ‘‘ sheriff.”