| 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] |