SECTION |
TITLE |
|
ARRANGEMENT OF SECTIONS |
| CHAPTER I. INTERPRETATION OF ACT |
1. |
Definitions
|
| CHAPTER II. ADMINISTRATION OF ACT |
2. |
Staff to assist Commissioner [...
Title substituted by Act 1997_061_002_19971114 - was entitled
"Compensation Commissioner and staff"] [... Title amended by Act
2022_010_062(d)_20230417 - was entitled "Staff to assist
Director-General"] |
3. |
Delegation of powers and assignment of duties by Commissioner [...
Title amended by Act
1997_061_003_19971114 by way of unmarked omission and unmarked insertion -
was entitled "Delegation of powers and
assignment of duties by commissioner"] ... Title amended by Act
2022_010_062(d)_20230417 - was entitled "Delegation of powers and
assignment of duties by Director-General] |
4. |
Functions of Commissioner [...
Title amended by Act 1997_061_037_19971114 - was entitled "Functions of
commissioner"]** [... Title amended by Act
2022_010_062(d)_20230417 - was entitled "Functions of
Director-General"] |
5. |
Power of Commissioner to acquire and alienate immovable property and to raise money [... Title amended by Act 1997_061_037_19971114 - was entitled
"Power of commissioner to acquire and alienate immovable property and to raise
money"]** [... Title amended by Act
2022_010_062_20230417 - was entitled "Power of Director-General to
acquire and alienate immovable property and to raise money"]**
|
6. |
Powers of Commissioner regarding witnesses and subpoenas [...
Title amended by Act 1997_061_037_19971114 - was entitled "Power of
commissioner regarding witnesses and subpoenas]** [... Title
amended by Act 2022_010_062(d)_20230417 - was entitled "Powers of
Director-General regarding witnesses and subpoenas"] |
6A. | Functions of Commissioner [...
Title inserted by Act 1997_061_005_19971114] [... Title
amended by Act 1997_061_037_19971114 - was entitled "Functions of
commissioner"]** [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Functions of Director-General"] |
7. |
Powers of authorized person |
8. |
Assessors
|
9. |
[ Benefits ] [ Compensation ] payable to assessors [...
Title amended by Act 1997_061_007_19971114 by way of unmarked omission
and marked insertion - was entitled "Benefits payable to assessors"]
|
10. |
Compensation Board
|
11. |
[ Constitution ] [ Composition ] of Board [...
Title substituted by Act 1997_061_008_19971114 by way of unmarked
omission and unmarked insertion - was entitled "Constitution of Board"]
|
12. |
Functions of Board
|
13. |
Term of office of Board [...
Title amended by Act 2022_010_005_20230417 by way of unmarked
omission and iunmarked insertion - was entitled "Term of office and
remuneration of members of Board"] |
13A. | Secretariat of Board [... inserted by Act 2022_010_006_20230417] |
13B. | Disqualifications of Board members [... inserted by Act 2022_010_006_20230417] |
13C. | Resignation and removal from office [... inserted by Act 2022_010_006_20230417] |
14. |
... [... repealed by Act 2022_010_007_20230417 - was entitled "Meetings of Board"] |
| CHAPTER III. COMPENSATION FUND AND RESERVE FUND |
15. |
Compensation Fund [... amended by Act 2022_010_062(c)_20230417 - was entitled "...compensation fund"] |
16. |
Application of Compensation Fund [... amended by Act 2022_010_062(c)_20230417 - was entitled "Application of compensation fund"] |
17. |
Valuation of Compensation Fund [... amended by Act 2022_010_062(c)_20230417 - was entitled "Valuation of compensation fund"] |
18. |
Accounting
|
19. |
Reserve fund
|
20. |
Accounts and audit
|
21. |
Income of funds exempt from tax |
| CHAPTER IV. COMPENSATION FOR OCCUPATIONAL INJURIES |
22. |
Right of employee to compensation
|
23. |
Accidents outside Republic
|
24. |
Application of Act to seamen and airmen |
25. |
Accidents during training for or performance of emergency services
|
26. |
Special circumstances in which Commissioner may refuse award [...
Title amended by Act 1997_061_037_19971114 - was entitled "Special
circumstances in which commissioner may refuse award"]** [...
Title amended by Act 2022_010_015(a)_20230417 - was entitled "Special
circumstances in which Director-General may refuse award"]
|
27. |
Special circumstances in which Commissioner may make award [...
Title amended by Act 1997_061_037_19971114 - was entitled "Special
circumstances in which commissioner may make award"]** [... Title
amended by Act 2022_010_062(d)_20230417 - was entitled "Special
circumstances in which Director-General may make award"]
|
28. |
Employee requiring constant help
|
29. |
Liability for payment of compensation
|
30. |
Licence to carry out business of Compensation Fund [... Title amended by Act 2022_010_016(a)_20230417 - was entitled "Mutual associations"]
|
31. |
Security for payment of compensation and cost of medical aid by employers individually liable
|
32. |
Compensation may not be alienated or reduced
|
33. |
Cession or relinquishment of benefits void
|
34. |
Compensation not to form part of deceased employee's estate
|
35. |
Substitution of compensation for other legal remedies
|
36. |
Recovery of damages and compensation paid from third parties
|
37. |
Threats and compulsion |
| CHAPTER V. CLAIMS FOR COMPENSATION |
38. |
Notice of accident by employee to employer
|
39. |
Notice of accident by employer to Commissioner [...
Title amended by Act 1997_061_037_19971114 - was entitled "Notice of
accident by employer to commissioner"]** [... Title amended by Act
2022_010_062(d)_20230417 by way of unmarked omission and unmarked
insertion -
was entitled "Notice of accident by employer to Director-General"]
|
40. |
Inquiry by Commissioner into accident [...
Title amended by Act 1997_061_037_19971114 - was entitled "Inquiry by
commissioner into accident"]** [... Title amended by Act
2022_010_020_20230417 - was entitled "Inquiry by Director-General into
accident"]**
|
41. |
Particulars in support of claim
|
42. |
Employee to submit to medical examination and rehabilitation [... Title amended by Act 2022_010_022(a)_20230417 - was entitled "Employee to submit to medical examination"]
|
43. |
Lodging of claim for compensation [... Title amended by Act 2022_010_023_20230417 - was entitled "Claim for compensation"]
|
44. |
Prescription |
45. |
Consideration of claim
|
46. |
Appearance of parties |
| CHAPTER VI. DETERMINATION AND CALCULATION OF COMPENSATION AND ASSESSMENT OF DISABLEMENT [... Title amended by Act 2022_010_027_20230417 - was entitled "DETERMINATION AND CALCULATION OF COMPENSATION"] |
47. |
Compensation for temporary total or partial disablement
|
48. |
Expiry of compensation for temporary total or partial disablement
|
49. |
Compensation for permanent disablement |
49A. | Commencement of monthly pension [... inserted by Act 2022_010_031_20230417] |
50. |
Amendment of Schedule 2
|
51. |
Compensation for permanent disablement of employee in training or under 26 years of age
|
52. |
Payment of lump sum in lieu of pension
|
53. |
Compensation to employee previously in receipt of compensation |
54. |
Payment of compensation if employee dies [... Title amended by Act 2022_010_032(a)_20230417 - was entitled "Amount of compensation if employee dies"]
|
55. |
Amendment of Schedule 4
|
56. |
Increased compensation due to negligence of employer
|
57. |
Increase of monthly pensions
|
58. |
Advances on compensation
|
59. |
Control over payment of compensation
|
60. |
Pensioner resident outside Republic
|
61. |
Recovery of compensation or other benefits
|
62. |
Provisional settlements
|
63. |
Manner of calculating earnings
|
64. |
Certain compensation to employers prohibited |
| CHAPTER VII. OCCUPATIONAL DISEASE |
65. |
Compensation for occupational diseases
|
66. |
Presumption regarding cause of occupational disease
|
67. |
Calculation of compensation
|
68. |
Notice of occupational disease by employee and employer
|
69. |
Amendment of Schedule 3
|
70. | Appointment of medical advisory panels |
| CHAPTER VIIA. REHABILITATION AND REINTEGRATION [... Title inserted by Act 2022_010_041_20230417] |
70A. | Compensation Fund to provide rehabilitation [... inserted by Act 2022_010_041_20230417] |
| CHAPTER VIII. MEDICAL AID |
71. |
... [... repealed by Act 1997_061_027_19971114 - was entitled "First Aid"] |
72. |
Conveyance of injured and diseased employee [... Title amended by Act 2022_010_042(a)_20230417 - was entitled ""Conveyance of injured employee]
|
73. |
... [... repealed by Act 1993_130_058_20240516 Sch - was entitled "Medical expenses"]
|
74. |
Submission of medical report
|
75. |
... [...
Title amended by Act 1997_061_037_19971114 - was entitled "...
commissioner
to decide on need for, and nature and sufficiency of, medical aid"]**
[... Title amended by Act 2022_010_045_20230417 - was entitled
"Director-General to decide on need for, and nature and sufficiency of,
medical aid"] [... repealed by Act 1993_130_058_20240516 Sch - was
entitled "Commissioner to decide on need for, and nature and
sufficiency of, medical aid"]
|
76. |
Fees for medical aid
|
77. |
Contributions by employees towards cost of medical aid prohibited
|
78. |
Medical aid provided by employers
|
79. |
Consultation of representatives of medical authorities by Commissioner [...
Title amended by Act 1997_061_037_19971114 - was entitled "Consultation
of representative medical authorities by commissioner"]** [...
Title amended by Act 2022_010_048_20230417 - was entitled "Consultation
of representatives of medical authorities by Director-General"] |
| CHAPTER IX. OBLIGATIONS OF EMPLOYERS |
80. |
Employer to register with [ Director-General ] [ [ commissioner ] ] Compensation Fund and to furnish particulars ]...
Title amended by Act 1997_061_037_19971114 - was entitled "Employer to
register with commissioner and to furnish him with particulars"]** [...
Title amended by Act 2022_010_049(a)_20230417 - was entitled "Employer to
register with Director-General and to furnish him with particulars"] |
81. |
Employer to keep record
|
82. |
Employer to furnish returns of earnings
|
83. |
Assessment of employer
|
84. |
Certain employers exempt from assessment
|
85. |
Variation of tariff of assessment
|
86. |
Assessment to be paid by employer to Compensation Fund [... Title amended by Act
2022_010_053_20230417 - was entitled "Assessment to be paid by employer to commissioner"]
|
87. |
Failure to pay assessment or other moneys
|
88. |
Contributions by employers individually liable and [ licensee ] [...
Title amended by Act 2022_010_055(a)_20230417 - was entitled
"Contributions by employers individually liable and mutual
associations"]
|
89. |
Contractors and sub-contractors [... Title amended by
Act 2022_010_056_20230417 - was entitled "Mandators and contractors"] |
| CHAPTER X. LEGAL PROCEDURES |
90. |
Variation of decisions by Commissioner [...
Title amended by Act 1997_061_037_19971114 - was entitled "Review of
decisions by commissioner"]** [... Title amended by
Act 2022_010_057(a)_20230417 - was entitled "Review of decisions by
Director-General"] |
91. |
Objections and appeal against decisions of Commissioner [...
amended by Act 1997_061_037_19971114 0 was entitled "Objections and
appeal against decision of commissioner"]** [... Title amended by
Act 2022_010_058(a)_20230417 - was entitled "Objections and appeal against
decisions of Director-General"] |
92. | Commissioner may state case for Supreme Court [... Title amended by Act 1997_061_037_19971114 - was entitled "... commissioner may state case for Supreme Court"]** [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Director-General may state case for Supreme Court"]**
|
93. | Evidence |
| CHAPTER XA. INSPECTION, COMPLIANCE AND ENFORCEMENT [... Title inserted by Act 2022_010_059_2023417] |
93A. | Appointment of inspectors [... Title inserted by Act 2022_010_059_2023417] |
93B. | Functions of inspectors [... Title inserted by Act 2022_010_059_2023417] |
93C. | Powers of entry [... Title inserted by Act 2022_010_059_2023417] |
93D. | Powers to question and inspect [... Title inserted by Act 2022_010_059_2023417] |
93E. | Co-operation with inspectors [... Title inserted by Act 2022_010_059_2023417] |
93F. | Compliance orders [... Title inserted by Act 2022_010_059_2023417] |
93G. |
Compliance order made order of court [... Title inserted by Act 2022_010_059_2023417] |
| CHAPTER XI. GENERAL |
94. |
Arrangements with foreign states regarding compensation
|
95. |
Certain documents exempt from stamp duty
|
96. |
Disclosure of information
|
97. |
Regulations
|
98. |
False statements |
99. |
Penalties |
100. |
Repeal of laws |
101. | Short title and commencement |
Sch. 1. | SCHEDULE 1. LAWS REPEALED [s1, s100] |
Sch. 2. | SCHEDULE 2. [s1, s49, s60] |
Sch. 3. | SCHEDULE 3. [s1, s66, s69, s70] |
Sch. 4. | SCHEDULE 4. MANNER OF CALCULATING COMPENSATION [s1, s47, 49, s54, s55] |