Chapter XI: General

94. Arrangements with foreign states regarding compensation

The Minister may by notice in the Gazette issue directions to give effect to the provisions of any agreement between the Republic and any other state in which provision is made for reciprocity in matters regarding compensation to employees for accidents resulting in disablement or death, including directions--

1. to determine in any case where an employee is entitled to compensation both in terms of this Act and in terms of the law of any such state under the law of which party such employee or his dependants shall be entitled to recover compensation;
2. to authorize the Director-General to allow evidence taken in any such state, and to obtain and take evidence for use in such state or for the facilitation of proceedings for the recovery of compensation in terms of the law of any such state.

95. Certain documents exempt from stamp duty

Notwithstanding any provision to the contrary contained in any other law, any sworn statement, certificate, receipt or other document required or issued under this Act, shall be exempt from stamp duty.

96. Disclosure of information

1) No person shall disclose any information obtained by him in the performance of his functions in terms of this Act, except--

1. to the extent to which it may be necessary for the proper administration of a provision of this Act;
2. for the purposes of the administration of justice; or
3. at the request of the or any other person entitled thereto.

2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.

97. Regulations

1) The Minister may make regulations, after consultation with the Board, regarding--

1. the place of meeting and the procedure to be followed at any meeting of the Director-General and assessors or at any proceedings in terms of this Act with which the assessors are concerned, or at any investigation in terms of this Act;
2. subject to section 76, the fees payable to medical practitioners or chiropractors in respect of services rendered in terms of this Act;
3. the procedure to be followed in paying assessments and fines to the Director-General;
4. the persons to whom, the places where and the manner in which payment of assessments in terms of this Act shall be made;
5. the determination of the amount and the conditions and manner of payment of benefits to assessors or classes of assessors;
6. the disposal of moneys payable in terms of this Act to any person other than the Director-General and not claimed within the prescribed period by the person entitled thereto;
7. any matter which shall or may be prescribed by regulation in terms of this Act;
8. any other matter, whether or not connected with any matter mentioned in paragraphs (a) to (g), which he may deem necessary or expedient to prescribe in order to further the objects and purposes of this Act.

2) Different regulations may be made under subsection (1) in respect of different classes of employers and employees and of different areas, and the Minister may, after consultation with the Board, in respect thereof differentiate in such manner as he or she may deem expedient.

3) Any person who contravenes or fails to comply with any regulation made under subsection (1) shall be guilty of an offence and liable on conviction to a fine, or imprisonment for a period not exceeding six months.

98. False statements

Any person who in connection with a claim for compensation in terms of this Act, or in any return, notice, report or statement to be given, made or furnished in terms of this Act, makes or causes to be made any statement which is false in a material respect, knowing it to be false, shall be guilty of an offence.

99. Penalties

Any person who is convicted of an offence in terms of this Act shall be liable to a fine, or to imprisonment for a period not exceeding one year.

100. Repeal of laws

1) Subject to the provisions of this section, the laws specified in Schedule 1 are hereby repealed to the extent set out in the third column thereof.

2) Any regulation made, any direction, order or directive issued, any request made or any requirement prescribed and any other thing done under a provision of the Workmen's Compensation Act, and which could be made, issued, prescribed or done under a provision of this Act, shall be deemed to have been made, issued, prescribed or done under the last-mentioned provision.

3) Any claim for compensation or medical aid under a law repealed by subsection (1) in respect of an accident that happened or a scheduled disease contracted prior to the commencement of this Act shall be dealt with in terms of the repealed law as if this Act had not been passed and any right or privilege acquired or accrued under such repealed law shall not be affected by such repeal.

101. Short title and commencement

1) This Act shall be called- the Compensation for Occupational Injuries and Diseases Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act.

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