Mine worker. The term “miner” is defined in section 5 as “any person employed in or about a mine”. The Act does not define “mine worker” separately, but that phrase is used throughout Part III. The eligibility conditions in sections 104 and 105 refer to a person who is “engaged in the coal mining industry as a mine worker” or has “actually worked as a mine worker” in or about a coal mine in Victoria or Australia. The definition of “mine” in section 5 includes every shaft in the course of being sunk, every tunnel and road in the course of being driven, and all shafts, tunnels, roads, works, tramways and sidings, both below and above ground, in and adjacent to and belonging to a mine under the Act.
Owner, manager and agent. Section 5 defines “owner” broadly as the immediate proprietor, lessee or occupier of a mine or any portion thereof, but excludes a person who merely receives a royalty, rent or fine, or is merely the proprietor of a mine subject to a lease, grant or licence, or is merely the owner of the soil and not interested in the minerals. A contractor for the working of a mine is treated as an owner but does not exempt the actual owner from liability. “Manager” means the person having the management of the mining operations. “Agent” means any person appointed as the representative of the owner in respect of the mine, superior to a manager.
The Board. By section 100A, Part III is administered by a Board that administers a public sector superannuation scheme and is appointed by the Minister by notice in the Government Gazette. References in Part III to the Pensions Tribunal or the Tribunal are to be read as references to the Board, and references to the Chairman of the Tribunal are to be read as references to the President or Chairperson of the Board.
Permanent incapacity. Section 105(1) provides two alternative paths to a permanent incapacity pension. The first path requires proof that the mine worker has been incapacitated by an injury (not intentionally self-inflicted) arising after 31 December 1941, that by reason of that incapacity he is unable to continue as a mine worker and that the incapacity is likely to be permanent. The second path requires proof of at least 85 per cent permanent incapacity for work otherwise than by intentional self-inflicted injury, inability to continue as a mine worker, continuous engagement as a mine worker in Victoria for not less than 20 years immediately preceding cessation of employment, and payment of contributions to the fund for at least five years. A further proviso excludes persons whose employment ceased before the commencement of the Coal Mine Workers Pensions (Amendment) Act 1957 by reason of the incapacity from the second path.
Dependants. Section 106 identifies three categories for additional payments: a wife (until death or until she ceases to be his wife), each child and step-child under 16 who is totally or mainly dependent on the mine worker’s earnings (until age 16), and where no wife’s addition is payable, one female over 16 who is totally or mainly dependent on his earnings and caring for a child or step-child under 16 (until her death, marriage or cessation of dependency). Section 107(1) provides a pension to the widow or the female who would have received an additional payment, and also to the children, upon the death of a person who had been awarded or was eligible for a disablement or retiring pension, or of a mine worker whose death was due to injury not intentionally self-inflicted.
Commutation. Section 115A enables a person receiving a pension to elect in writing to convert the pension entitlement to a lump sum determined by the Board on actuarial advice.
Inalienability. Section 122(1) declares that a pension is absolutely inalienable, whether by way of sale, assignment, charge, execution, bankruptcy or otherwise. However, the proviso allows the Tribunal (the Board) to pay the whole or any portion of the pension to another person for the use of the pensioner or in satisfaction of any just debts or liabilities, with or without the pensioner’s consent. Section 122(2) makes it an offence to demand or accept from a pensioner any certificate, acknowledgment or undertaking that would constitute a legal or equitable assignment of or charge upon a pension.
Accident Compensation Tribunal. References to this Tribunal appear in sections 107(4), 113(5)-(9), 125 and 130. It has jurisdiction to hear appeals from determinations of the Board as to liability to contribute or eligibility for a pension (section 113(6)), and may award costs (section 113(7)). The Minister may refer any question arising under Part III to it (section 125(1)). Its decisions are final and conclusive (section 113(9)).