CONSOLIDATED ACTS OF SAMOA 2008

ACCIDENT COMPENSATION ACT 1989

Arrangement of Provisions

TITLE
PART I
PRELIMINARY

1. Short title and commencement 
2. Interpretation 
3. Application 

PART II
ACCIDENT COMPENSATION CORPORATION

4. Continuation of Corporation 
5. Terms of office of appointed members 
6. Meetings of members 
7. Deputies of members 
8. Annual report 
9. Remuneration of Corporation Members 
10. Appointment of agents 
11. Power to delegate functions 
12. Administrative functions and powers 
13. Functions and duties in relation to safety and rehabilitation 
14. Powers of investigation and inquiry 

PART III
ELIGIBILITY FOR 
REHABILITATION AND COMPENSATION

15. Specified Conveyance accident victims 
16. Workers 
17. Special provisions for work-related accidents 
18. Accidents occurring outside Samoa 
19. Self-inflicted injuries, suicide and criminal conduct 
20. Refusal to submit to treatment 
21. Persons who are not employers 
22. Exempted employers 

PART IV
COMPENSATION AND BENEFITS

23. Compensation for temporary incapacity resulting in economic loss 
24. Permanent injury compensation 
25. Compensation for occupational disease 
26. Compensation in the case of death 
27. Medical and funeral expenses 
28. Provision of artificial limb or aid 
29. Damage to, or loss of artificial limb or aid 
30. Special provisions for young persons, etc. 
31. Transport of injured persons 
32. Transport for subsequent medical attention 
33. Treatment overseas in special cases 
34. No abatement of compensation on account of insurance money or friendly society payments 
35. Non-workers 
36. Non-residents 

PART V
PROCEDURE

37. Notification of accidents 
38. Medical certificates and examination 
39. Reports claims etc., on behalf of incapacitated persons 
40. Submission of claims 
41. Limitation of time for submitting claims 
42. Consideration and determination of claims 
43. Application for review 
44. Appeal to Supreme Court 
45. Employers to maintain records 
46. Employers to submit statements 
47. Records of fuel brought into Samoa 

PART VI
FINANCE AND ADMINISTRATION

48. Sources and application of funds 
49. Accounts 
50. Annual Report and accounts 
51. Advances by Government 
52. Payment of levies by employers 
52A. Surcharge on late payment 
53. Imposition, collection and remittance of fuel levies 
54. Inspection of records kept by Customs Department and Ministry of Transport 
55. Exemption from income tax 
56. Financial functions and powers 
57. Insurance 
58. General Manager and staff of Corporation 
59. Staff Benefits 
60. Secrecy 
61. Protection for bona fide acts 
62. Contracts of Corporation 
63. Particular powers to provide for funds for specialised education 

PART VII
SELF –EMPLOYED PERSONS

64. Insurance for self-employed persons 

PART VIII
MISCELLANEOUS
 
65. Remedies and common law 
66. Civil Proceedings 
67. Compensation not assignable 
68. Ex gratia payments 
69. Unclaimed compensation 
70. Payments due and unpaid at time of death of an injured person 
71. Corporation to implement policy to Government 
72. Offences and penalties
73. Regulations 
74. Repeals and Savings 
75. Further savings and transitional arrangements 
 Schedules

_____________________________

THE ACCIDENT COMPENSATION ACT 1989

1989 No.36

AN ACT to consolidate and amend the Accident Compensation Act 1978 and its amendments and to continue to make provision for general safety and the prevention of accidents; for the rehabilitation and compensation of workers who suffer personal injury by accident arising out of and in the course of their employment or who contract certain occupational diseases and of persons who in Samoa suffer personal injury by an accident occurring in connection with the use of certain types of conveyances; and for the compensation of certain dependants of those workers and persons where death results from the injury.
(17 April 1990) 
(Commencement date 1 February 1990)

PART I
PRELIMINARY

1. Short title and commencement - This Act may be cited as the Accident Compensation Act 1989 and shall be deemed to come into force on the 1st day of February 1990. 

2. Interpretation - (1) In this Act, unless the context otherwise requires: 

“Accidents” or “personal injury by accident” includes any occupational disease to which this Act applies.

“Accidents covered by this Act” means an accident of a kind to which any one or more of sections 15, 16, 17, 18, 25, and 35 refers, and “personal injury by accident covered by this Act” has a corresponding meaning. 

“Artificial limb or aid” means any artificial limb, hand, foot, denture or eye, any crutches or spectacles or any other artificial aid. 

“Compensation” means any money payable under this Act in respect of the injury of any person whether by way of damages, allowances, expenses, costs or otherwise. 

“Contract of service” means any agreement, whether oral or in writing, expressed or implied, whereby one person agrees to employ another as a worker and that other agrees to serve such employer as a worker, and includes an apprenticeship contract. 

“Corporation" means the Accident Compensation Corporation continued under section 4 and formerly known as the Accident Compensation Corporation. 

“Death” means death occurring as a consequence of an accident covered by this Act. 

“Dependant”, in relation to any person, means any other person whom the person had a legal duty to support in whole or in part at the time when the dependency has to be determined; and includes any other person whom the person might then reasonably regard or have regarded himself as having a moral duty to support in whole or in part, and whom the person was then supporting in whole or in part; and includes a child of the person born after his or her death; and “dependant”, “totally dependant” and “partially dependant” have corresponding meanings. 

“Employer” means a person employing any worker or workers and includes the manager or agent of an employer. 

“Exempted employer” means an employer to whom a certificate of exemption has been granted under section 22. 

“Injury” means an injury occurring as a consequence of an accident covered by this Act. 

"minimum wage" means the minimum wage for an industry prescribed pursuant to section 19 of the Labour and Employment Act 1972. 

“Minister” means the Minister of Labour. 

“Partial incapacity” means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a person in any employment in which the person was engaged at the time of the accident and, where the incapacity is of a permanent nature, such incapacity as reduces the person’s earnings capacity in every employment which the person was capable of undertaking at that time. 

“Prescribed” means prescribed by regulations made under this Act or determined in accordance with section 72(3). 

"relevant earnings" means the amount which in the opinion of the Corporation would fairly and reasonable represent the person's normal average weekly wages at the time of the accident. 

“Self-employed person” means a person who, otherwise than as a worker and whether alone or with another person or other persons, carries on a business in Samoa (whether or not that business is also carried on outside Samoa); and “self-employment” has a corresponding meaning. 

“Specified Conveyance” means: 

(a) A motor vehicle (including a motor cycle or other means of conveyance on land which is propelled by means of a motor or engine); or 

(b) A seagoing vessel which is propelled by means of a motor or engine where such vessel is traveling between two or more points in Samoa or which is intended to return to its point of departure in Samoa without calling at any point or place outside Samoa during the course of its journey. 

“Total incapacity” means such incapacity, whether of a temporary or permanent nature, as incapacitates a person for employment which he or she was capable of undertaking at the time of the accident resulting in such incapacity. 

“Wages” means all emoluments or rewards in money or money’s worth by way of gross wages, remuneration salary or commissions, including overtime pay, allowances and bonuses and compensation received or receivable in relation to the employment or service of any worker but except as provided in section 35 does not include the value of food housing accommodation allowances or privileges received by a person as a member of an aiga or in respect of service to a matai and except to the extent that section 18 may apply does not include any amount which is derived from employment outside Samoa. 

"weekly wages" means: 

(a) Where employment is by the hour, wages for a 40 hour week; or 

(b) Where employment is by the day, wages for a 5 day week, and for both (a) and (b) such wages shall be calculated at the ordinary rate of pay for the work which the person was employed at the time of the accident notwithstanding that the person may not have worked or that any employment may not have continued for a full week. 

“Work related accident” means any accident covered by this Act to which any of sections 16, 17 or 18 apply. 

“Worker” means any person who has entered into or works under a contract with an employer whether the contract is for manual labour, clerical work or otherwise and whether remunerated by wages, salary or otherwise and whether it is a contract of service or apprenticeship or a contract personally to execute work. 

(2) For the purposes of this Act, the wife of a deceased male person and his children under the age of 18 years shall be conclusively presumed to have been dependent on the deceased person at the time of his death, and, if they are ordinarily resident in Samoa, their dependency shall be deemed to be total unless it is proved in fact to be partial only; 

PROVIDED THAT nothing in this subsection shall apply to a wife where the Corporation decides that the wife has deserted her husband without just cause and that such desertion was continuing at the date of the husband’s death. 

(3) If any child is born to a person after his or her death, that child shall be deemed for the purposes of this Act to be a dependant of that person in the same manner as if born in that person’s lifetime. 

(4) Where by this Act any costs or expenses are payable by the Corporation to or in respect of any person who suffers death or personal injury by accident they shall be limited to such costs or expenses as are reasonable by Samoa standards whether such costs or expenses are incurred or payable in Samoa or elsewhere. 

(5) Where a person suffers adverse consequences from any medical treatment for personal injury by accident covered by this Act those adverse consequences shall be deemed to have been caused by such accident. 

(6) For the purposes of subsection (5) “medical treatment” includes medical surgical or nursing attendances, first aid, hospital care, physiotherapy and any other kind of treatment which the Corporation may consider to have been appropriate in the circumstances of the case. 

(7) Notwithstanding the provisions of subsection (1) where any person is employed by his or her spouse to perform work for that spouse that person shall for the purposes of this Act be a worker if: 

(a) The work is performed in connection with any business which is owned or operated by the spouse and is licensed under the Business Licences Act 1998; and 

(b) That person is paid wages in cash on a regular basis. 

3. Application - (1) This Act binds the Government of Samoa. 

(2) Except as provided in subsections (3) and (4) nothing in this Act shall apply with respect to claims for compensation or other rights in respect of or concerning accidents happening, deaths occurring or incapacities commencing before the coming into force of this Act. 

(3) Notwithstanding anything to the contrary expressed or implied in this Act the provisions of this Act which are referred to in subsection (4) shall apply from the date of the coming into force of this Act, have been entitled to compensation under the Accident Compensation Act 1975 provided that in calculating the amount or amounts of compensation to be paid and the duration thereof there shall be taken into account the amount of compensation already paid and the period or periods of time in respect of which compensation has or had been paid. 

(4) The provisions of this Act to which subsection (3) applies are subsections (4), (5), (6), (7), (8) and (9) of section 23 and sections 26, 30 and 33. 

PART II
ACCIDENT COMPENSATION CORPORATION

4. Continuation of Corporation - (1) There shall continue to be a body corporate called the Accident Compensation Corporation which shall be the same body corporate as the Accident Compensation Board and a reference to the Accident Compensation Board in any law, instrument or document shall be a reference to the Accident Compensation Corporation unless the context otherwise requires 

(2) The Corporation shall consist of the following members: 

(a) The Minister who shall be the Chairperson; 

(b) The Chief Executive Officer of the Ministry of Commerce, Industry and Labour, who shall be the deputy Chairperson; 

(c) The Chief Executive Officer of the Ministry of Finance; 

(d) The President for the time being of the Samoa Chamber of Commerce and Industry (Incorporated); 

(e) The President for the time being of the Samoa Manufacturers Association (Incorporated); and 

(f) Five other Members appointed by the Head of State acting on the advice of Cabinet, one shall be a barrister and solicitor of the Supreme Court of Samoa; one a registered medical practitioner; one a registered public accountant and two persons acquainted with the customs and traditions of the people of Samoa. 

(3) The Corporation is a body corporate with perpetual succession and common seal and may acquire, hold, and dispose of real and personal property, and sue and be sued, and do and suffer all other acts and things that bodies corporate may do and suffer. 

(4) The powers of the Corporation shall not be affected by any vacancy in membership. 

5. Terms of office of appointed members - (1) Subject to subsection (3) every member appointed under section 4(2)(f) shall hold office for a term of 3 years and shall be eligible for reappointment. 

(2) An appointed member may at any time resign his or her office by notice in writing to the Corporation; 

(3) The Head of State, acting on the advice of Cabinet, may remove an appointed member at any time. 

(4) If an appointed member dies, or resigns, or is removed from office, the Head of State acting on the advice of Cabinet may appoint another person in place of that member to hold office until such first named person’s term of office would have expired had he or she not ceased to be a member as aforesaid. 

(5) Every appointed member unless he or she sooner vacates office shall hold office during his or her term of appointment, and shall continue in office after the expiry of his or her term, until a successor comes into office. 

6. Meetings of members - (1) Meetings of the Corporation shall be held at such times and places as the Chairperson or the Corporation appoints. 

(2) The Chairperson shall call a meeting whenever required to do so in writing by any 3 members. 

(3) At any meeting 5 members shall be a quorum. 

(4) The Chairperson shall preside at every meeting at which he or she is present. 

(5) If the Chairperson is for any reason absent from a meeting: 

(a) The deputy Chairperson shall preside at that meeting if he or she is present; and 

(b) If the deputy Chairperson is not present, the members present shall appoint one of their number to preside at that meeting. 

(6) At every meeting, the Chairperson or other person presiding shall have a deliberative vote, and in the case of an equality of votes he or she shall also have a casting vote. 

(7) Every question arising at a meeting shall be decided by a majority of the votes recorded on the question.

(8) Subject to the other provisions of this Act, the Corporation may regulate its procedure in such manner as it thinks fit.

7. Deputies of members - (1) If the Chief Executive Officer of the Ministry of Commerce, Industry or Labour or of the Ministry of Finance cannot attend any Corporation meeting by reason of illness, absence, or other sufficient cause any authorised senior officer of his or her Ministry may attend that meeting as the deputy of such member.

(2) The President for the time being of the Samoa Chamber of Commerce and Industry (Incorporated) and the President for the time being of the Samoa Manufacturers Association (Incorporated) may at any time and from time to time appoint a deputy to any Corporation meeting to attend such meeting in his or her place. 

(3) Any deputy shall, while he or she acts as such, be deemed to be a member of the Corporation. 

(4) No deputy shall act as Chairperson or deputy Chairperson of the Corporation. 

(5) No appointment of any deputy, and no act done by a deputy as such, and no act done by the Corporation while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for this appointment had not arisen or had ceased. 

8. Annual report - (1) Within 6 months after the end of every financial year the Corporation shall send to the Minister a report of its proceedings and operations for that year together with a copy of its audited accounts for that year and the report of the Audit Office on those accounts.

(2) A copy of the report and of the accounts of the Corporation together with a copy of the report of the Audit Office on the accounts, shall be laid before the Legislative Assembly within 14 days after their receipt by the Minister, if the Legislative Assembly is then sitting, or if the Legislative Assembly is not sitting, then within 14 days after the commencement of the next session of the Legislative Assembly. 

9. Remuneration of Corporation Members - Members of the Corporation: 

(a) May be paid in respect of each day or part of a day of attendance as members of the Corporation such sum as Cabinet shall from time to time determine, and may also be paid by way of annual fee such sum and may be granted such other benefits as Cabinet may from time to time determine; and 

(b) Shall be paid for any expenses reasonably incurred by them in respect of their attendance at meetings of the Corporation. 

10. Appointment of agents – (1) The Corporation may from time to time appoint agents for the purpose of enabling it to discharge its functions and powers and may at any time revoke any such appointment. 

(2) The Corporation shall, as soon as practicable, cause every appointment by it of an agent and every revocation of such appointment to be notified in the Samoa Gazette or the Savali. 

(3) The Corporation shall pay its agents for services rendered by them, fees and commissions or either at such rates as the parties shall agree or, failing such agreement, at such rate as the Controller and Chief Auditor shall determine, and may separately reimburse its agents for expenses reasonably incurred in rendering services for the Corporation. 

11. Power to delegate functions – (1) Subject to the provisions of sections 52 and 53 the Corporation may from time to time, in writing, wither generally or particularly, delegate to such agent or agents of the Corporation as it thinks fit all or any of its functions and powers relating to the collection of levies or the refund of amounts of levies paid in excess.

(2) The Corporation may from time to time, in writing, either generally or particularly delegate to a member of the Corporation or to any officer or officers or employee or employees appointed under section 58, all or any of its functions and powers including - 

(a) The hearing or consideration of applications for compensation or other relief and relief and assistance under this Act; 

(b) The handling and payment of any claim; 

(c) The collection of levies, charges or penalties or the refund or remission thereof; 

(d) Inquiries, investigations reports and returns concerned with claims for compensation or the payments of levies, charges or penalties; and 

(e) The investment powers of the Corporation under this Act. 

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Corporation.

 (4) Until any such delegation is revoked, it shall continue in force according to its tenor, notwithstanding any change in the membership of the Corporation or in the holder of any office. 

12. Administrative functions and powers - (1) The Corporation shall have such functions and powers in relation to the administration of this Act as are conferred upon it by this Act and any regulations made thereunder, and shall have such further powers, not inconsistent with this Act or any such regulations, as are reasonably necessary for the effective performance of its functions.

(2) Without restricting the generality of subsection (1) it is hereby declared that the functions of the Corporation shall include: 

(a) The administration of this Act and of the Funds and Schemes to which it applies; 

(b) Causing statements of wages or collections furnished under this Act to be inspected and the correctness of levies and charges paid under this Act to be verified; 

(c) Determining the requirements for adequate recording or injuries by accident and of occupational diseases; 

(d) Keeping or causing to be kept adequate statistical records in respect of or concerning any or all of its functions; and 

(e) Specifying forms to be used and procedures to be followed in relation to matters having a bearing upon the functions of the Corporation. 

13. Functions and duties in relation to safety and rehabilitation - (1) The Corporation shall seek to establish a close and harmonious working relationship with industry, commerce, Government Departments, public corporations, and other bodies, organisations and persons in promoting safety and preventing motor vehicle, work related and other accidents, personal injuries and occupational diseases and it shall take all practical steps to promote a well co-ordinated and vigorous programme for medical and vocational rehabilitation of persons who become incapacitated as a result of personal injury by accident.

(2) Without restricting the generality of subsection (1) it is hereby declared that the duties and functions of the Corporation shall include: 

(a) Stimulating and maintaining interest in safety and the prevention of accidents, personal injuries and occupational diseases by means of education and publicity through all communications media; 

(b) Publishing and disseminating safety and rehabilitation literature and information; 

(c) Sponsoring and conducting safety campaigns and safety courses; 

(d) Sponsoring and fostering organisations and groups concerned with safety and the prevention of accidents, personal injuries and occupational diseases; 

(e) Research into and investigation of ways to reduce the number and severity of accidents and personal injuries and the incidents of occupational diseases; 

(f) Supporting, stimulating and fostering the interests of all persons concerned with the healing or rehabilitation of accident victims; 

(g) Assisting the re-establishment in their previous employment where possible of incapacitated victims of accidents covered by this Act; and 

(h) Assisting the training or re-training of incapacitated victims of accidents covered by this Act so that they may secure other employment suited to their maximum capacity. 

14. Powers of investigation and inquiry - (1) For the purposes of carrying out its duties and functions the Corporation shall have the same powers and authority to summon witnesses and receive evidence as are conferred upon Commission of Inquiry by the Commissions of Inquiry Act 1964 and the provisions of that Act shall apply accordingly.

(2) Any investigation or inquiry which the Corporation is empowered to conduct under this Act may be conducted by the Corporation acting in its own right or by a member of the Corporation or any officer or other person specially appointed by the Corporation to conduct the investigation or inquiry, and for the purpose of any such investigation or inquiry the powers and authority conferred on the Corporation by subsection (1) shall attach to and may be exercised by the member of the Corporation officer or other person so appointed. 

PART III
ELIGIBILITY FOR REHABILITATION
AND COMPENSATION

15. Specified Conveyance accident victims - Subject to the provisions of this Act, where any person suffers personal injury by accident caused by or through or in connection with the use of a specified conveyance in Samoa, he or she shall be entitled to be paid compensation by the Corporation and given rehabilitation assistance and if his or her death results from such injury compensation shall be paid to his or her dependant or dependants in accordance with the provisions of section 26. 

16. Workers - (1) Subject to the provisions of this Act, where any worker employed by any employer other than an exempted employer suffers personal injury by accident arising out of and in the course of his or her employment he or she shall be entitled to be paid compensation by the Corporation and given rehabilitation assistance and if his or her death results from such accident, compensation shall be paid to his or her dependant, or dependants in accordance with section 26. 

(1A) Subject to the provisions of this Act, a worker who suffers an injury or death, other than an injury or death arising out of and in the course of the worker's employment, and the worker's dependants shall be entitled to the same compensation and rehabilitation as they are respectively entitled to under subsection (1). 

(2) This Act applies to the employment of any worker in any occupation, whether or not the employment is in or for the purposes of any trade or business carried on by the employer and whether or not the employment is of a casual nature. 

(3) Except as provided for in section 18 this section shall apply only to accidents occurring in Samoa. 

17. Special provisions for work-related accidents - (1) For the purposes of this Act where an accident happens to a worker who is an apprentice while he or she is attending at a technical school or other place of training or instruction (whether during ordinary hours of employment or otherwise) the accident shall be deemed to arise out of and in the course of his or her employment if his or her attendance at that school or place is required by or under his or her contract of apprenticeship. 

(2) For the purposes of this Act, where an accident happens to a worker while he or she is acting in contravention of any enactment or regulations applicable to his or her employment or of orders given to him or her by or on behalf of his or her employer, the accident would have been deemed so to have arisen had the worker not been acting in contravention as aforesaid or without instructions from his or her employer as the case may be. 

(3) Where accident happens to a worker during any temporary interruption of his or her work for a meal or for rest or refreshment, the accident shall be deemed to arise out of and in the course of his or her employment if the accident would have been deemed so to have arisen had it happened at the place of employment and if: 

(a) The accident happens upon premises occupied by the employer; or 

(b) The accident happens upon premises to which the worker has by virtue of his or her employment the right of access during that temporary interruption of his or her work; or 

(c) The accident happens upon premises to which the worker is permitted to resort during that temporary interruption of his or her work by the express or implied authorisation of his or her employer. 

(4) Where an accident happens to a worker while he or she is travelling to or from his or her work by a means of transport, the accident shall be deemed to arise out of and in the course of his or her employment if: 

(a) The employer has provided the means of transport primarily for the purpose of carrying workers employed by him or her; or 

(b) The means of transport has been expressly or impliedly authorised by the employer for the purpose; or 

(c) The employer has arranged with the worker or with any group of workers for the transportation of the worker to or from work by that means of transport and has paid or become liable to pay the while or any portion of the fare or cost of carriage of the worker by that means of transport. 

(5) Where an accident happens to a worker while he or she is travelling to or from his or her work by the most direct practicable route between the place of employment and premises to which he or she has by virtue of his or her employment the right of access or while he or she is upon any such premises, the accident shall be deemed to arise out of and in the course of employment if the accident would have been deemed so to have arisen had it happened at the place of employment. 

(6) In any case where subsection (5) does not apply and an accident occurs to a worker while he or she is travelling directly to his or her place of work or employment from his or her place of residence or directly from his or her place of work or employment to his or her place of residence by route, which having regard to all circumstances was a reasonable one for him or her to follow the accident shall be deemed for the purposes of this Act to have arisen out of and in the course of his or her employment. 

(7) Where an accident happens to a worker in the course of his or her employment it shall be deemed to arise out of his or her employment if the accident is directly or indirectly caused by another person’s misconduct, skylarking, or negligence provided that the worker did not directly or indirectly induce or contribute to the happening of the accident by any act not incidental to his or her employment. 

(8) Where a contract of service or apprenticeship under which an injured person was working at the time when the accident causing the injury happened was illegal, the Corporation may, if, having regard to all the circumstances thinks it proper to do so, deal with the matter as if the injured person had at the time of the accident been a person working under a valid contract of service or apprenticeship: 

PROVIDED THAT where the illegality arose by reason of the injured worker being under a minimum age prescribed by section 11 of the Shops Ordinance 1961 or by section 32 of the Labour and Employment Act 1972 or by any other law, the Corporation shall deal with the matter as if the injured person had been working under a valid contract of service or apprenticeship. 

18. Accidents occurring outside Samoa - (1) The provisions of this Act shall apply in respect of any accident to which this section relates as if the accident had occurred in Samoa. 

(2) This section relates to an accident happening outside Samoa to a worker where such worker has left Samoa temporarily and such accident arises out of and in the course of his or her Samoan employment if at the time of the accident the temporary absence of the worker from Samoa is exclusively or principally for the purposes of his or her Samoan employment and he or she continues or continued down to the time of the accident to derive earnings from that employment. 

(3) For the purposes of this section: 

“Samoan employment” means any or all of the following: 

(a) Employment engaged in by a worker where the work for which he or she is engaged is substantially to be performed within Samoa; 

(b) Employment engaged in by a worker where his or her employer is the Government of Samoa or is a person ordinarily resident in Samoa and except where the Government of Samoa is the employer a significant part of the work for which the worker is engaged is to be performed within Samoa; 

(c) Employment on any aircraft where that employment was entered into in Samoa and in the ordinary course of that employment the worker is required to fly into or out of Samoa. 

(4) The extended application of the expression “accident which arises out of and in the course of employment” provided for in or required by sections 16, 17 and 25 shall apply mutatis mutandis to this section when determining whether any person has suffered an accident to which this section relates. 

19. Self-inflicted injuries, suicide and criminal conduct - (1) Subject to subsection (4), no compensation or other benefit shall be payable or due under this Act: 

(a) In respect of any personal injury that a person willfully inflicts upon himself or with intent to injure himself, causes to be inflicted upon himself, except being a personal injury which was the result of a state of mind which itself was the result of an accident covered by this Act; or 

(b) In respect of the death of any person where the death was due to suicide not being suicide which was the result of a state of mind which itself was the result of an accident covered by this Act; or 

(c) To a dependant of a person by reason of the death of that person where the dependant has been convicted by a Court in Samoa or elsewhere of the murder or manslaughter of that person; or 

(d) Where a person suffers personal injury in the course of committing any criminal offence and the injured person is convicted of the offence concerned. 

(2) Where the Corporation has reason to suspect that the death of any person is due to murder or manslaughter and that a dependant of the deceased person was criminally involved in the death of the person, the Corporation may refuse or delay payment of compensation or other benefit to that dependant until the investigation of the death of the person and any prosecution of the dependant for the murder or manslaughter of the person have been completed. 

(3) Where the Corporation has paid compensation or other benefit to a dependant and such compensation or benefit was paid by reason of the death of a person the Corporation may recover such compensation or other benefit as a debt in the event that at any time the dependant is convicted by a Court in Samoa or elsewhere of the murder or manslaughter of the person. 

(4) The Corporation, in its absolute discretion, may pay compensation and other benefits to a person who is not entitled to compensation or other benefit by reason of subsection (l)(d) if the Corporation forms the view that the person's culpability for such criminal offence was minor and that in all of the circumstances it would be unjust not to pay such compensation and other benefits. 

20. Refusal to submit to treatment - No compensation or other benefit under the Act shall become due or payable in respect of the death or incapacity of a person if his or her death is caused or if and so far as his or her incapacity is caused, continued or aggravated by an unreasonable refusal to submit himself to medical treatment or to any surgical treatment the risk of which is, in the opinion of the Corporation, inconsiderable in view of the seriousness of the injury or disease. 

21. Persons who are not employers - (1) Any person who is not an employer within the meaning of this Act or concerning whom there may be a doubt as to whether or not he or she is such an employer may upon such terms and conditions as the Corporation may specify be granted a certificate of protection which as long as it remains in force shall define and determine the extent of any liability which that person has for the payment of any levy imposed pursuant to this Act. 

(2) Every certificate granted under this section shall come into force or be deemed to have come into force on such date as may be specified in the certificate whether before or after the date of the application by a person under this section or the date of the certificate. 

(3) A certificate granted pursuant to this section may be revoked by the Corporation at any time. 

22. Exempted employers - (1) In any case where the Corporation is satisfied that an employer should be exempted from the obligation to pay levies imposed under section 52 in respect of any of his or her workers, it may conditionally or unconditionally grant a certificate exempting the employer wholly or as the case may require partly from such obligation. 

(2) Every certificate granted under this section shall be known as a certificate of exemption and shall come into force or be deemed to have come into force on such date as may be specified in the certificate whether before or after the date of any application by an employer for exemption under this section or the date of the certificate and shall subject to the provisions of subsection (8) continue in force until such date as may be specified in the certificate. 

(3) While any certificate of exemption granted under this section to any employer is in force the employer shall be exempted wholly or partly as the case may be from the obligation to pay levies under section 52 and his or her exempted workers or their dependants shall not be entitled under this Act to any compensation or rehabilitation assistance for or in respect of any personal injury or death by accident arising out of and in the course of employment, except to such extent as may be specified in the certificate of exemption. 

(4) A certificate of exemption granted under this section may be in respect of all of the employer’s workers or any designated class or classes of his or her workers. 

(5) Except where in the opinion of the Corporation special circumstances exist no certificate of exemption shall be granted pursuant to this section unless the Corporation is satisfied that there is in effect and will continue to remain in effect a scheme or arrangement approved by the Corporation whereby any worker affected by the proposed certificate of exemption, who suffers personal injury by accident arising out of and in the course of his or her employment during the currency of the certificate will derive greater benefit from such scheme or arrangement than he or she would derive under this Act if a certificate were not granted:

PROVIDED HOWEVER THAT no certificate of exemption shall be issued only because the benefit to any worker under such scheme or arrangement would be greater than that which such worker would derive under this Act. 

(6) In considering any application for exemption under this section the Corporation shall have regard to the need for the preservation of the integrity of the Accident Compensation scheme administered under this Act and shall not grant any such certificate where in its opinion such grant would be detrimental (whether alone or by any precedental or other effect which might flow from it) to the integrity of the scheme administered under this Act. 

(7) Unless otherwise determined by the Corporation it shall be a condition of every certificate of exemption that the person to whom it is issued shall at all times while such certificate applies keep in full force and effect such alternative scheme or arrangement as may have been accepted by the Corporation upon the granting of the certificate and shall at such intervals as the Corporation may determine satisfy the Corporation that such alternative scheme or arrangement continues in full force and effect. 

(8) Notwithstanding the provisions of subsection (2) the Corporation may upon giving 14 days notice in writing to an employer revoke or suspend the certificate of exemption given to that employer or may amend any or all of the conditions thereof. 

PART IV
COMPENSATION AND BENEFITS

23. Compensation for temporary incapacity resulting in economic loss - (1) Where as a result of an accident covered by this Act a person suffers temporary total or partial incapacity for work, compensation shall be payable pursuant to this section. 

(2) Subject to subsections (3), (4), (6) and (7) of this section - 

(a) During any period of total incapacity, the weekly payment of compensation shall be an amount equal to 70% of the person's relevant earnings; 

(b) During any period of partial incapacity, the weekly payment of compensation shall be an amount equal to 70% of the difference between the person's relevant earnings and the amount which the person actually earns; 

PROVIDED THAT – 

(i) if the Corporation considers, having regard to the medical and other evidence before it, that the person is not endeavouring to work in paid employment to the extent of the person's capacity, the Corporation may determine the amount of the weekly compensation at such figure as it considers appropriate; and 

(ii) in no case shall the compensation payable exceed $400 per week; and 

(iii) in no case shall the Corporation be required for any period to pay any amount which, when added to any money or money's worth received by the person from any employer, would exceed 100% of the person's relevant earnings for that period. 

(3) Notwithstanding any other provision of this section or of this Act, if at any time, whether before or after the expiry of the time referred to in subsection (4), the Corporation is of opinion that the degree of incapacity suffered by a person to whom this section applies is likely to be permanent, weekly payments under this section shall (if they have not already ceased by virtue of subsection (4)) thereupon cease and the person shall be paid compensation pursuant to section 24. 

(4) 

(a) Subject to paragraph (b), weekly payments of compensation shall not be payable in respect of any period after the expiry of five years from the date of the accident; 

(b) Notwithstanding the provisions of paragraph (a) of this subsection, where in the opinion of the Corporation special circumstances in any case make it just to do so, the Corporation may in its unfettered discretion (whether before or after the expiry of the period of five years referred to in that paragraph) from time to time extend the period in respect of which compensation is paid under this section to any person. 

(5) The proportion of the weekly payment of compensation payable in of incapacity for part of a week shall be the proportion that the number of the person's working hours or days of incapacity during the week (exclusive of overtime) bears to such person's normal working hours or days for the week (excluding overtime). 

(6) The Corporation shall not be liable under this Act in respect of any injury which does not totally or partially incapacitate a person from work for a period of at least five consecutive days (which may be the day of the accident and the four days next following) at the work at which the person was employed. 

PROVIDED HOWEVER THAT if the incapacity lasts more than five consecutive days compensation shall (subject to the provisions of subsection (5)) be payable in respect of the total period. 

(7) For the purposes of the assessment of weekly compensation pursuant to this Act - 

(a) The amount of a person's relevant earnings shall be such amount as in the opinion of the Corporation would at the time of the accident fairly and reasonably represent that person's normal average weekly wages; and 

(b) The weekly wages of any person shall be deemed to be the wages for a full 40 hour week where employment is by the hour, or for a 5 day working week where employment is by the day, calculated in either case at the ordinary rate of pay for the work in which the person was employed at the time of the accident notwithstanding that the person may not have actually worked or that any employment may not have continued for a full week.

(8) In calculating the relevant earnings of any person, except to the extent that the Corporation in its discretion may in any case direct, no account shall be taken of - 

(a) Any sum that was paid to cover any special expenses imposed on the person by the nature of the person's employment; and 

(b) Overtime payments. 

(9) Notwithstanding the provisions of the foregoing subsections of this section the weekly compensation payable to any person pursuant to this section shall be not less than 70 percent of the minimum wage applicable to that person at the time of the accident or an amount equal to the person's relevant earnings, whichever is the less. 

24. Permanent injury compensation - (1) Where a person suffers personal injury by accident in respect of which the person is or, but for the provisions of section 36, would be entitled to compensation under this Act and the injury involves the permanent loss or impairment of any bodily function (including the loss of any part of the person's body) there shall be paid to the person by the Corporation in addition to all other compensation and assistance to which the person is entitled under this Act - 

(a) In any case where the loss or impairment is less than 80% of total bodily function a lump sum or lump sums not exceeding in the aggregate $8,000 in respect of such loss or impairment representing the appropriate percentage of $8,000 specified in the First Schedule to this Act; or 

(b) In any case where the loss or impairment is 80% of total bodily function or more weekly compensation in accordance with subsection (2) for the whole of the person's life, or until the person fully or substantially recovers from the loss or impairment. 

(2) The amount of weekly compensation payable pursuant to subsection (l) (b) shall be determined by application of the following formula - 

70	x	RE	x	L	
100			

Where RE represents the relevant earnings of the injured person and L is the percentage of loss or impairment specified in the First Schedule. 

PROVIDED THAT in any case the total amount payable shall not in any case exceed $400 per week. 

(3) The lump sum or weekly compensation to which a person becomes entitled under this section shall be payable, or as the case may be, commence to be payable - 

(a) In the case of a person who is entitled to compensation under section 23, when the entitlement (or any extended entitlement granted pursuant to section 23(4)(b)) ceases; or 

(b) In any other case, when the Corporation is satisfied that the loss or impairment of bodily function is permanent. 

(4) Where a person suffers by the same accident more than one of the injuries specified in the First Schedule the percentage of loss shall be aggregated but shall not exceed 100%. 

(5) Where a person suffers the loss of or permanent physical injury to any part of the body or any permanent impairment of bodily function there may be taken into account in assessing compensation payable under this section the amount or any part of the amount previously paid or continuing to be payable to that person in respect of the loss of or any injury to that part of the body or any portion thereof under this section or under any corresponding former provision. 

(6) For the purpose of eliminating doubt, it is declared that where a person in receipt of weekly payments under subsection (2) suffers the loss of or permanent physical injury to any part of the body or any permanent impairment of bodily function as a result of a further accident the person may be entitled to a lump sum or, as the case may be, weekly payments, as a result of such further accident but in calculating weekly payments the aggregate of the losses or impairments shall be deemed not to exceed 100%. 

(7) For the purposes of the First Schedule the permanent loss of the sight of one eye by a person who is already without the sight of the other eye shall be deemed to be the permanent loss of both eyes provided that there may be taken into account any payment by way of compensation which has previously been received by the person under this section or under any corresponding former provision in respect of the permanent loss of the sight of the other eye. 

(8) Where as a result of an accident covered by this Act any person suffers a permanent physical injury or impairment that is not specified in the First Schedule to this Act, the Corporation may in its discretion after consulting one or more registered medical practitioners allot an appropriate percentage to such injury or impairment and apply the provisions of this Act as if the injury or impairment had been specified in the said First Schedule, and such injury or impairment shall be deemed to be a loss or impairment specified in the First Schedule. 

(9) No payment shall be made under this section after the death of the injured person. 

(10) For the purposes of this section where the injured person has no relevant earnings, or relevant earnings less than the minimum wage, the minimum wage applying at the time of the accident shall be deemed to be the relevant earnings of that person. 

25. Compensation for occupational diseases - (1) Where a person’s total or partial incapacity for work or death results from any disease which is due to the nature of any employment in which the person is or was employed as a worker, compensation shall be payable as if the disease was a personal injury by accident arising out of and in the course of that employment. 

(2) For the purposes of calculating the relevant earnings of a person in a claim for compensation under this section, the date of the commencement of the incapacity of the person (or the date of his or her death if there has been no previous period of incapacity) shall be treated as the date of the happening of the accident. 

(3) Where a person has left the employment to the nature of which the disease was due, such person or his or her dependants, if so required by the Corporation shall furnish the Corporation with such information as to the names and addresses of all other employers who employed him or her in any employment as such person or dependants possess. 

26. Compensation in the case of death – (1) Where the death of a person eligible under Part III results from the injury, compensation shall be payable in accordance with this section.

(2) If the deceased person leaves any total dependant or dependants, or the deceased person leaves both total dependants and partial dependants, who were dependent upon the deceased at the time of the accident (or where subsection (6) is applied by the Corporation, at the date of death) such dependants shall be paid - 

(a) Where the deceased person was a worker at the time of the accident, weekly compensation at the rate of 70% of the relevant earnings of the deceased person but not exceeding $200 per week, which compensation shall be paid in accordance with subsection (9); and 

(b) Whether or not the deceased person was a worker, a lump sum in accordance with subsections (7) and (9). 

(3) Where no person was totally dependent on the deceased person at the date of the accident (or where subsection (6) is applied by the Corporation, at the date of death) then any dependant or dependants who were partially dependent at the date of the accident (or at the date of death as the case may be) shall be paid – 

(a) Where the deceased person was a worker at the date of the accident, weekly compensation at the rate of 70% of the relevant earnings of the deceased person but not exceeding $200 per week, which compensation shall be paid as is reasonable and proportionate to the loss sustained by those dependants provided that the weekly amount payable to any partially dependent person may be varied from time to time by the Corporation; 

(b) Whether or not the deceased person was a worker, a lump sum in accordance with subsections (7) and (9). 

(4) Where in the opinion of the Corporation a person who was totally dependent on the deceased person at the time of the deceased person's accident (or where subsection (6) applies, at the time of the deceased person's death) would at any time after the death of the deceased person have become partially dependent upon the deceased person had the deceased person remained alive the Corporation may reduce the amount of the weekly payments to that person to an amount which is reasonable having regard to the reduced level of dependency, and may restore that person's full entitlement if such total dependency reoccurs. 

(5) Weekly payments of compensation under this section shall be paid to a dependent person during such time or times as in the opinion of the Corporation dependency exists, provided that in no case shall any payment extend beyond the fourth anniversary of the date of death of the deceased person. 

(6) Where in the opinion of the Corporation special circumstances exist it may pay weekly compensation in accordance with this section to a person who not being dependent on the deceased at the time of the accident was dependent upon the deceased at the time of the deceased's death and may in like circumstances decline or reduce compensation to a person who being dependent upon the deceased at the date of the deceased's accident was not or not to the same extent dependent upon the deceased at the date of the deceased's death. 

(7) The lump sum to be paid in accordance with subsection (2) of this section shall be the sum of $20,000, or in accordance with subsection (3) shall be such sum not exceeding $16,000 as the Corporation shall determine. 

(8) In every case where a lump sum or weekly payments of compensation have been paid to a person in the person's lifetime in respect of an accident which subsequently causes the person's death the amount of such lump sum and weekly payments shall be deducted from the compensation payable pursuant to subsection (2)(a) and (b) or subsection (3)(a) and (b) but except as aforesaid no part of any amount paid to a person by way of compensation under this Act shall be deducted from the amount of compensation payable in respect of the person's death. 

(9) Where more than one person was dependent upon the deceased the Corporation shall, subject to the provisions of subsections (2) and (3), determine as to whom and in what proportions weekly compensation and the lump sum shall be paid. 

(10) Where the relevant earnings of a deceased worker are less than the minimum wage, the relevant earnings for the purposes of this section shall be deemed to be the minimum wage in force at the time of the person's accident. 

27. Medical and funeral expenses – (1) Where as a result of an accident covered by this Act a person suffers injury there shall be payable a sum equal to the reasonable expenses incurred in respect of the person's medical or surgical attendances, including first aid, maintenance as a patient in any hospital, and physiotherapy. 

(2) Where the death of a person results from an accident covered by this Act - 

(a) There shall be payable in addition to any other compensation payable under the Act the sum of $2,000 by way of funeral grant; 

(b) Subject to paragraphs (c) and (d) the Corporation shall determine the person or persons to whom such grant is to be paid and may apportion it between different persons; 

(c) Where a parent or spouse of the deceased person survives the deceased person the funeral grant shall be paid to such one or more of the parents and spouse as the Corporation may determine of them and shall give preference to any surviving spouse of the deceased person; 

(d) Where no such parent or spouse survives the deceased person the Corporation shall determine the person or persons to whom the grant shall be paid 

28. Provision of artificial limb or aid - Where, as the result of any injury caused by an accident covered by this Act the provision of any artificial limb or aid for that person becomes in the opinion of the Corporation necessary or desirable, the Corporation shall pay, in addition to the compensation otherwise payable under this Act the reasonable cost of the artificial limb or aid and from time to time the reasonable cost of its normal repair or renewal provided that the total amount payable under this section shall not exceed $15,000. 

29. Damage to or loss of artificial limb or aid - (1) Subject to subsection (2) where as a result of an accident covered by this Act any person suffers damage to or loses any artificial limb or aid being used or worn by him or her at the time of the accident, the Corporation shall pay the reasonable cost of repairing or if necessary, replacing the artificial limb or aid. 

(2) No payment in respect of any loss or damage so suffered by any person shall be made by the Corporation under this section unless: 

(a) The expense in respect of the repair or replacement is incurred in the lifetime of that person; and 

(b) Details of the nature of the damage or loss is given to the Corporation as soon as practicable after the accident. 

30. Special provision for young persons, etc. - Where any person who is under the age of 15 years or who is a mentally defective person within the meaning of the Mental Health Act 2007 loses or damages any artificial aid which he or she requires as a result of any previous personal injury by accident covered by this Act the Corporation having regard to all of the circumstances may in its discretion pay for or contribute to the cost of a replacement for such aid notwithstanding that such damage or loss may not have been as a result of any accident. 

31. Transport of injured persons - (1) Where any accident happens to a worker arising out of and in the course of any employment and any injury caused thereby to the worker necessitates his or her immediate removal to a hospital, or to a medical practitioner for medical attention and then to his or her residence or to a hospital, or to his or her residence (medical attendance away from his or her residence not being required), the employer shall forthwith at his or her own expense provide or arrange for the necessary transport of that worker. 

(2) Where any worker to whom an accident happens has been removed as mentioned in this section, his or her removal shall be deemed to have been necessitated by an injury caused to the worker by the accident. 

(3) Any employer who fails to comply with this section commits an offence and shall be liable on conviction to a fine not exceeding 10 penalty units. 

(4) Where any accident is caused by or through or in connection with the use of a specified conveyance and any injury caused thereby necessitates the immediate removal of such injured person to a hospital or to a medical practitioner for medical attention and then to his or her residence or to a hospital or to his or her residence (medical attendance away from his or her residence not being required) any person may at his or her own expense provide or arrange for the necessary transport of that injured person. 

(5) The Corporation shall reimburse any reasonable expenses incurred by the employer or other person arranging or providing the necessary transportation under this section. 

32. Transport for subsequent medical attention - (1) This section shall apply where a person suffers personal injury by accident covered by this Act and a registered medical practitioner certifies that he or she is attending the injured person or has examined him, and that either the injured person should receive medical or surgical treatment in respect of the injury which is not available at the place where the medical practitioner attends or examines the injured person or the injured person is required to travel to receive that treatment. 

(2) Where the injured person is in Samoa, the Corporation on each occasion on which it is necessary for him or her to travel to receive that treatment or where it is necessary for him or her to travel for the purpose of submitting himself to medical examination pursuant to an order under section 38(3) shall compensate him or her by paying him or her the reasonable travelling expenses he or she incurs within Samoa (including the cost of meals and lodging necessarily obtained by him or her): 

PROVIDED THAT unless the Corporation otherwise approves or a registered medical practitioner certifies that no available public passenger transport service is suitable, the transport expenses so payable shall be calculated at the lowest rate at which the person can be transported to and from that place by any available public passenger transport service. 

(3) Where the injured person is not in Samoa, the Corporation may and upon such terms and conditions as it thinks fit, compensate the injured person by paying him or her the reasonable travelling expenses (including the cost of meals and lodging necessarily obtained by him) he or she incurs to receive such treatment, and in determining what amount if any it should pay to the injured person under this subsection the Corporation may have regard to the provisions of the civil law of the place where the accident occurred and of any statute, award, agreement, or terms and conditions of employment by which the injured person’s employer or other person is or may be required to meet such expenses and costs. 

33. Treatment overseas in special cases - (1) Where the Corporation is of opinion in any case that treatment or rehabilitation training which is not available in Samoa but which is available outside Samoa would be of substantial benefit to an injured person who is entitled to compensation or rehabilitation assistance under this Act, it may pay for or contribute to the costs (including costs of travel accommodation and meals) of that person in obtaining that treatment or rehabilitation training outside Samoa: 

PROVIDED THAT in no case shall the amount paid or contributed by the Corporation exceed $15,000. 

(2) In applying subsection (1) the Corporation shall in each case have regard to the following: 

(a) The needs of the injured person and of his or her dependants; 

(b) The severity of the injury; 

(c) The probability of success of the treatment or rehabilitation training; 

(d) The extent to which the treatment or rehabilitation training may facilitate an earlier return to normal life of the injured person than would otherwise occur; 

(e) The economics of the particular case and any possible saving to the Corporation in other compensation payments; and 

(f) Any other circumstances which the Corporation considers relevant. 

34. No abatement of compensation on account of insurance money or friendly society payments - In assessing compensation, no account shall be taken of: 

(a) Any money accruing to a person in respect of any life or accident insurance policy effected by the person; 

(b) In the case of a claim by or on behalf of a dependant of a deceased person, any gain, whether to the estate of the deceased worker or to that dependant, that is consequent on the death of the deceased person; and 

(c) Any money payable by or to a friendly society, provident fund or other organisation of a like nature. 

35. Non-workers - (1) Where a person who is not a worker suffers personal injury by accident caused by or through or in connection with the use of a specified conveyance in Samoa or dies as a result of such accident and that person is at the time of the accident ordinarily in receipt of any reward or rewards for any services rendered by him or her (other than services to which subsection (2) applies) then the Corporation shall assess the value of such reward or rewards and the weekly value so assessed shall be deemed for the purposes of this part of this Act to be his or her relevant earnings and to that extent the injured person shall be deemed to be a worker and the Corporation shall pay the injured person or his or her dependants in accordance with the provisions of this part of this Act insofar as they are applicable. 

(2) Except where the Corporation determines in any case or class of cases that special circumstances exist this section shall not apply to any reward or rewards for services rendered by any person to a relative of that person. 

(3) For the purposes of this section: 

(a) “Relative” in respect of a person means his or her or her spouse, father, mother, grandfather, grandmother, stepfather, stepmother, fosterfather, fostermother, child, grandchild, stepchild, fosterchild, brother, sister, half-brother or half-sister; 

(b) “Reward” includes food housing accommodation and benefits of a like nature and also include money and gifts; and 

(c) “Spouse” means either of a man or a woman who: 

(i) Are married to each other; or 

(ii) Not being married to each other, have cohabited immediately preceding the date of the accident to the injured or deceased person, and in the opinion of the Corporation, have entered a relationship in the nature of marriage. 

(4) Where subsection (1) is applicable to any person such other provisions of this Act as are applicable to injured persons shall mutatis mutandis, be applicable to such person or his or her dependants. 

36. Non-residents - (1) Subject to subsections (2) and (3) no payments of compensation under sections 23, 26 and 35 of this Act shall be made to any person or to the dependants of any person who suffers personal injury or death by accident and who is not at the time of the accident either a citizen of Samoa or lawfully and ordinarily resident in Samoa. 

(2) Notwithstanding the provisions of subsection (1) where any person to whom that subsection applies is at the time of his or her accident lawfully employed in Samoa compensation shall be payable under sections 23 and 26 as if his or her only wages were his or her wages as a worker in Samoa. 

(3) The provisions of subsection (1) shall not apply in respect of any accident to which section 18 relates. 

PART V
PROCEDURE

37. Notification of accidents - (1) Whenever any work related accident happens which causes personal injury to or the death of any worker, the employer shall within 5 days or within such further period as may be allowed by the Corporation give notice thereof to the Corporation stating:

(a) The name of the worker affected thereby; 

(b) The address of the worker; 

(c) The worker’s age; 

(d) Wages paid; 

(e) Type of employment of the worker; 

(f) Whether the accident arose in the course of the worker’s employment; 

(g) The circumstances of the accident; 

(h) Particulars of the injury and probable duration of any disablement resulting therefrom; and 

(i) Such other particulars as may be prescribed by regulations. 

(2) On the happening of any accident to which section 15 refers causing personal injury to or the death of any person, the Commissioner of Police Service shall within 5 days of the accident or within such further period as may be allowed by the Corporation give notice thereof to the Corporation stating: 

(a) The name of any person injured or killed; 

(b) The address of the injured or deceased person; 

(c) The age of the injured or deceased person; 

(d) The name of the owner of the specified conveyance; 

(e) The address of the owner of the specified conveyance; 

(f) The name (if any) and the registration number of the specified conveyance; 

(g) The name of the driver pilot or master of the specified conveyance; 

(h) The address of the driver pilot or master of the specified conveyance; 

(i) The age of the driver pilot or master of the specified conveyance; 

(j) The circumstances of the accident; 

(k) The place of the accident; 

(l) Particulars of the injury and probable duration of any disablement resulting therefrom; and 

(m) Such other particulars as may be prescribed by regulations. 

(3) Whenever a worker has an accident, other than an accident referred to in subsections (1) and (2), which causes personal injury to or the death of the worker, the worker or where the worker is unable by reason of the accident a relative or dependant of the worker, shall within 5 days of the date of the accident or within such further period as may be allowed by the Corporation give notice in writing to the Corporation stating: 

(a) The name, address and age of the worker; 

(b) The name and address of the worker's employer; 

(c) The wages paid to the worker; 

(d) The place, time and circumstances of the accident; 

(e) Particulars of the worker's injury and probable duration of any disablement resulting from the accident; and 

(f) Such other particulars as may be prescribed by regulations. 

38. Medical certificates and examinations - (1) Where any accident covered by this Act happens to any person whereby he or she suffers incapacity, he or she shall, as soon as practicable cause to be delivered to the Corporation by a registered medical practitioner a medical certificate in the prescribed form duly signed by the registered medical practitioner. 

(2) Thereafter while the incapacity continues and has not been certified by a registered medical practitioner to be permanent, the injured person shall cause to be delivered such a certificate at such time as may be required by the Corporation. 

(3) Where a person claims compensation under this Act he or she shall, if and so often as required by the Corporation, submit himself at the expense (if any) of the Corporation (whether for medical expenses, transport, or loss of earnings) for examination by any registered medical practitioner nominated and to be paid by the Corporation. 

(4) If the injured person at any time without sufficient justification fails to comply with the provisions of this section or refuses or neglects to submit himself to any medical examination as may be required by the Corporation pursuant to subsection (3) or in any way obstructs or delays the same, his or her rights under this Act in respect of the accident to which the examination relates shall be suspended until the certificate is produced or the examination takes place as the case may be and shall absolutely cease if he or she fails without sufficient justification to submit himself for examination within 1 month after being required so to do. 

(5) Where a right to compensation is so suspended, no compensation shall be payable in respect of the period of suspension. 

(6) This section shall apply whether the person is, at the time when he or she is required to submit for examination, resident in Samoa or elsewhere but if he or she is resident elsewhere than in Samoa he or she shall be required to submit himself for examination by a duly qualified medical practitioner of the country where he or she is resident. 

39. Report claims, etc., on behalf of incapacitated persons - Where any person is incapable of reporting any accident, or making any claim or doing anything required under this Act in connection therewith, the report or claim may be made or the thing may be done on his or her behalf by his or her representative or his or her guardian or any of his or her dependants or by any other person acting for him or her in the matter. 

40. Submission of claims - (1) All claims to compensation or rehabilitation assistance under this Act shall be made in writing in a form approved by the Corporation, and the claimant shall supply or cause to be supplied to the Corporation such further information relevant to the claim as the Corporation may require. 

(2) The claimant shall if so required by the Corporation support his or her claim by a statutory declaration verifying the information which he or she is required to supply. 

(3) If the claimant fails or neglects to supply to the Corporation any information which, by this section he or she is required to supply, the Corporation may withhold or discontinue the provision or rehabilitation assistance or the payment of compensation to that claimant. 

41. Limitation of time for submitting claims - (1) Except as provided in this section, no claim for the recovery of compensation shall be considered by the Corporation unless the claim is made within 12 months after the date of the accident causing the injury, or in the case of death except within 12 months after the date of the death. 

(2) A failure to claim within the time hereby limited shall be no bar to the payment of compensation if the Corporation has not been unduly prejudiced by the delay and is of the opinion that the failure was occasioned by mistake or ignorance or by absence from Samoa or by any other reasonable cause. 

42. Consideration and determination of claims - (1) Subject to the provisions of this Act and any regulations made hereunder, the Corporation or any officer of the Corporation duly authorised in that behalf shall consider all claims to compensation or rehabilitation assistance under this Act and may allow the claim upon the statement or statutory declaration alone or may if it thinks fit call for such other evidence as it may require from the claimant or from any other person before allowing any such claim. 

(2) After consideration of a claim under this section the Corporation shall promptly cause notice of its decision to be given in writing to the claimant. 

(3) Any person who, without reasonable excuse, refuses or fails to comply with any request for evidence under subsection (1) commits an offence and is liable on conviction to a fine not exceeding 10 penalty units. 

43. Application for review - (1) Any person who is dissatisfied with a decision of the Corporation or of any officer of the Corporation under section 42 may, within 2 months after notice of the decision has been given to him or her apply by notice in writing to the Corporation for a review of that decision. 

(2) In hearing an application for review under this section the Corporation: 

(a) May delegate its powers and duties of review to a single Corporation Member or the General Manager where the matter the subject of review involves a claim for less than $10,000; and 

(b) Shall itself hear the application in all other cases." 

(3) Every such hearing shall be held as expeditiously as possible, and the provisions of section 14(1) shall apply to every such hearing. 

(4) Every such hearing shall be held at a time and place that is: 

(a) Agreed to by the applicant or the representative (if any) of the applicant and the Corporation; or 

(b) Specified in a notice given by the Corporation not less than 7 clear days before the day appointed for the hearing. 

(5) The applicant, either personally or by a representative, or personally with a representative shall, be entitled to be present at the hearing and be heard and to present any relevant evidence or submissions in support of the application. 

(6) The Corporation may receive such other relevant evidence and make such other inquiries as it thinks fit, and may for that purpose appoint a medical committee. All evidence and information so received or ascertained (otherwise than at the hearing) shall be disclosed to every party to the review and every party may comment upon such information or present evidence in respect of it. 

(7) The Corporation may receive any relevant evidence under subsection (5) or subsection (6), whether or not the evidence would be admissible in a Court of law. 

(8) On the completion by the Corporation of the hearing of an application, the Corporation shall give a decision thereon. 

(9) Notice of the decision shall be given to the applicant by the Corporation, and where a decision against which the applicant may appeal is given under the foregoing provisions of this section, the reasons therefore shall be stated and shall, if so requested by the applicant be delivered in writing. 

(10) Subject to the provisions of this section and to any rules of procedure laid down by the Corporation, the procedure at a hearing shall be as the Corporation determines. 

(11) Where the Corporation delegates its powers and duties of review under this section the person to whom such powers and duties of review are delegated shall be entitled to exercise the powers and duties of the Corporation under this section and any decision, direction, action or omission by such person shall be taken for all purposes as a decision, direction, action or omission of the Corporation. 

44. Appeal to Supreme Court - (1) Where any party is dissatisfied with any decision of the Corporation under section 43 as being erroneous in point of law, that party may appeal to the Supreme Court in respect of that decision on a question of law only. 

(2) Every such appeal shall be made by giving notice of appeal to the Supreme Court and to the Corporation within 28 days after the date on which the appellant was notified of the decision appealed against or within such further time as the Court may allow on application made either before or after the expiration of those 28 days. 

(3) In its determination of any appeal, the Court may confirm, modify, or reverse the decision appealed against and the decision of the Court shall be final and conclusive. 

(4) Subject to the provisions of this section, the procedure in respect of any such appeal shall be in accordance with the rules of the Court. 

45. Employers to maintain records - (1) Every employer who employs any worker to whom this Act applies shall keep a record in writing showing in respect of each worker: 

(a) The workers’ full name; 

(b) The workers’ address; 

(c) The workers’ age; 

(d) Date or dates of employment; 

(e) The occupation in which he or she is employed; 

(f) The time worked; and 

(g) The wages paid to the worker. 

(2) Every employer shall whenever required by the Corporation so to do produce the records required to be maintained under subsection (1) or furnish written information therefrom. 
 
 (3) The records required to be kept by an employer under this section shall be retained and preserved by him or her for a period of 5 years after the expiry of the end of the period to which they refer. 

46. Employers to submit statements - (1) Every employer shall submit to the Corporation statements of wages which shall be in such form and contain such particulars and shall be submitted by such time or times as the Corporation may from time to time determine. 

(2) The Corporation may from time to time by notice published in the Samoa Gazette or the Savali specify all or any of the matters determined by it pursuant to subsection (1). 

(3) Where notice has been given by publication in the Samoa Gazette or the Savali pursuant to subsection (2) any person who fails to comply with the requirements of the Corporation as set out in such notice commits an offence and is liable upon conviction to a fine not exceeding 20 penalty units. 

(4) In any case and whether or not notice has been given pursuant to subsection (2) the Corporation may by written notice directed to any person inform that person of its requirements under subsection (1) and call upon that person on or before any date specified in the notice (not being a date less than 21 days after the receipt of the notice by that person) to satisfy those requirements. 

(5) Any person who fails to comply with a notice given under subsection (4) commits an offence and is liable upon conviction to a fine not exceeding 20 penalty units. 

47. Records of fuel brought into Samoa - (1) Every person who: 

(a) Imports into Samoa any fuel; or 

(b) Being the owner or agent for the owner of a specified means of conveyance enters fuel into Samoa for home consumption, - 

shall maintain such records relating to the entry and usage of that fuel as may be prescribed by regulations made under this Act. 

(2) Every person to whom subsection (1) applies shall whenever required by the Corporation so to do produce the records required to be maintained under that subsection or furnish written information therefrom. 

(3) For the purposes of this section and any regulations made in connection with this section “fuel” means fuel of the kind specified in section 52, and includes motor spirits. 

PART VI
FINANCE AND ADMINISTRATION

48. Source and application of funds - (1) For the purposes of this Act the Corporation shall derive its funds from the following sources: 

(a) From levies payable by employers pursuant to section 52; 

(b) From levies payable pursuant to section 53; 

(c) From premiums or levies paid by self-employed persons under any scheme established pursuant to section 64; 

(d) From: 

(i) All interest and other income derived from money and investments held by the Corporation; 

(ii) All fines payable under this Act; 

(iii) All other income or funds not being funds derived pursuant to paragraphs (a), (b) or (c). 

(2) The Corporation shall apply its funds as follows: 

(a) All levies paid pursuant to sections 52 and 53 shall be pooled and used to pay such compensation and rehabilitation as provided by this Act (save for compensation and rehabilitation payable pursuant to section 64) together with the costs incurred by the Corporation in carrying out all functions and powers conferred on the Corporation by this Act save for the costs incurred by the Corporation in carrying out all functions and powers concerning section 64; 

(b) All premiums or levies paid by self-employed persons under any scheme established pursuant to section 64 shall be used to pay compensation and rehabilitation together with the costs of the Corporation in carrying out all functions and powers concerning section 64; 

(c) All other monies received by the Corporation shall be used to meet the costs of the Corporation in carrying out all functions and powers conferred on the Corporation by this Act as the Corporation deems fit. 

(3) The Corporation shall, in preparing the financial statements referred to in section 50, specify with particularity the source and application of the funds. 

(4) All money held by the Corporation at the date of commencement of this Act in the accounts known as the Workers Compensation Fund, the Motor Vehicle Compensation Fund and the Accident Compensation General Fund, shall be applied by the Corporation for the purposes of this Act. 

49. Accounts - The Corporation shall at all times keep full and correct records and accounts of money received and expended by it and of all transactions, assets, liabilities, and funds in accordance with the provisions of the Public Finance Management Act 2001 and the Public Bodies (Performance and Accountability) Act 2001. 
 
50. Annual Report and accounts - (1) The Corporation shall prepare an Annual Report and annual accounts in accordance with the provisions of the Public Finance Management Act 2001 and the Public Bodies (Performance and Accountability) Act 2001. 

(2) The Controller and Chief Auditor will audit the annual accounts of the Corporation in accordance with the provisions of the Public Finance Management Act 2001 and the Public Bodies (Performance and Accountability) Act 2001. 

(3) The Corporation shall provide its Annual Report, annual accounts and the audit report of those accounts to the Responsible Minister in accordance with the provisions of the Public Finance Management Act 200l and the Public Bodies (Performance and Accountability) Act 2001 (these Acts) and, upon receipt of the Annual Report, annual accounts and audit report on those accounts, the Responsible Minister shall table such reports and accounts in accordance with the provisions of these Acts. 
 
 51. Advances by Government - If the Corporation is at any time unable to pay any sum which is required to be paid under the provisions of this Act, the sum required shall be advanced to the Corporation by the Government and the Corporation shall as soon as practicable repay to the Government any sum advanced by the Government to the Corporation. 

52. Payment of levies by Employers - (1) Every employer shall pay a levy as follows: 

(a) By way of contribution by the employer a levy of 1 sene for every complete tala of wages paid by the employer to the employer's workers; and 

(b) By way of contribution by the employee a levy of 1 sene out of every complete tala of wages received by the employer's workers. 

(2) The manner and time of payment of such levy may be prescribed by regulations and unless and until such regulations are made payment shall be made at the times and in the manner as the Corporation may from time to time determine. 

(3) The Corporation may from time to time by notice published in the Samoa Gazette or the Savali specify all or any of the matters determined by it pursuant to subsection (2). 

(4) Where notice has been given by publication in the Samoa Gazette or the Savali pursuant to subsection (3) any person who fails to comply with the requirements of the Corporation as set out in such notice commits an offence and is liable upon conviction to a fine not exceeding 50 penalty units. 

(5) In any case and whether or not notice has been given pursuant to subsection (3) the Corporation may by written notice directed to any person inform that person of its requirements under subsection (1) and call upon that person on or before any date specified in the notice (being a date not less than twenty one (21) days after the receipt of the notice by that person) to satisfy those requirements. 

(6) Any person who fails to comply with a notice given under subsection (5) commits an offence and is liable upon conviction to a fine not exceeding 50 penalty units. 

52A. Surcharge on late payment - (1) Where any levies which an employer is liable to pay under the provisions of section 52(1) are not paid within 14 days from and after the date on which such levies are payable the employer shall be liable to pay a surcharge on any levy not so paid to the Corporation by him or her at the rate of one twentieth per cent (1/20%) in respect of each day or part of a day after the expiration of 7 days from and after the date on which the wage to which that levy relates was paid: 

PROVIDED THAT: 

(a) If the amount of surcharge so calculated is less than $1 the surcharge payable shall be $1; 

(b) If the amount of surcharge exceeds $1 the surcharge payable shall be calculated to the next highest multiple of $1; and 

(c) The Corporation may in any case in which it thinks fit remit in whole or in part the payment of any surcharge due under the provisions of this section. 

(2) Any sum due to the Corporation by way of surcharge under the provisions of this section shall be paid to the Corporation within 14 days of a demand for such payment signed by the manager or other authorised officer of the Corporation being sent to the employer. 

53. Imposition, collection and remittance of fuel levies - (1) A levy of 5 sene per imperial gallon is hereby imposed and subject to subsection (4) shall be collected by and paid to the Comptroller of Customs as agent for the Corporation upon all motor spirit or other fuel which is ordinarily used for the purpose of providing propulsion to a specified conveyance and which is: 

(a) Imported into Samoa; or 

(b) Entered therein for home consumption. 

(2) The Comptroller of Customs shall at such time or times and in such manner as may be agreed upon between himself and the Corporation remit to the Corporation such sums as may be collected from levies imposed under subsection (1). 

(3) Where the Corporation is satisfied that a purchaser has paid the levy referred to in subsection (1) and that the motor spirit or other fuel purchased was for any purpose other than the propulsion of a specified conveyance, the Corporation shall on application, refund the levy so paid: 

PROVIDED THAT such application shall be made in the manner and at the time or times not exceeding 1 year after the date of purchase as may be specified by the Corporation. 

(4) Notwithstanding the provisions of subsection (1) the Corporation may arrange for or accept payment to itself of any levy or may in any particular case or in any particular circumstances appoint an agent other than the Comptroller of Customs in that case or in those circumstances. 

54. Inspection of records kept by Customs Department and Ministry of Transport - The Corporation shall be entitled to peruse or obtain from the Comptroller of Customs and the Chief Executive Officer of the Ministry responsible for transport such records and information as may be reasonably necessary to enable it to exercise its functions under this Act and the Comptroller of Customs, or the Chief Executive Officer of the Ministry responsible for transport as the case may be, shall to the best of his or her ability to do so, supply such information or make available such records upon request by the Manager or his or her deputy. 

55. Exemption from income tax - The income of the Corporation shall be wholly exempted from income tax. 

56. Financial functions and powers - (1) The Corporation shall have such functions and powers in relation to financial matters as are conferred upon it by this Act, and shall also have such further powers not inconsistent with this Act, as are reasonably necessary for the effective performance of its functions. 

(2) Without limiting the generality of subsection (1), it is hereby declared that the functions and powers of the Corporation shall include: 

(a) The payment of all compensation, costs, and rehabilitation assistance in accordance with this Act; 

(b) The purchase of such personal property as in the opinion of the Corporation may be necessary or desirable for the performance of its functions or the performance of his or her duties by any member of the Corporation; 

(c) The sale, transfer, lease, hire, or other disposition of any of its real or personal property; 

(d) The making of contributions towards the expenses of Government departments and other bodies which and persons who assist the Corporation in the discharge of its functions; including the provision of transport facilities and the use of motor vehicle and whether on a permanent or temporary basis; 

(e) the management and administration of the Fugalei Saleufi market in any manner the Corporation determines to be economically appropriate. 

(3) Any money belonging to the Corporation may from time to time be invested: 

(a) In Government securities; 

(b) On deposit in any approved bank or banks; or 

(c) In the purchase, taking on lease, or acquisition of such land, building, plant, and equipment, and the construction and alteration of such buildings, as in the opinion of the Corporation may be desirable. 

(4) The Corporation may at any time or times open at any approved Bank or Banks or at any branch or agency of any such Bank, such accounts (including imprest and subsidiary accounts) as it considers necessary or desirable for the conduct of its business. 

(5) Every account opened under subsection (4) shall be operated upon by cheque or other instrument (not being a promissory note or bill) signed by such person or persons as may from time to time be authorised in that behalf by the Corporation. 

(6) The Corporation may from time to time borrow money (whether by way of overdraft or otherwise) and mortgage or charge any of its property or rights. 

(7) In any financial year the Corporation may expend for purposes not authorised by this or any other Act any sum or sums not amounting in the aggregate to more than $20,000. 

(8) For the purposes of this section "approved bank" includes ANZ Bank, National Bank of Samoa, Westpac Bank and any bank or lending institution approved by the Corporation. 
 
57. Insurance - The Corporation may at its discretion insure or reinsure any of its properties or liabilities. 
 
58. General Manager and staff of Corporation - (1) The Head of State, acting on the advice of Cabinet, shall from time to time appoint a General Manager of the Corporation. 

(2) The General Manager shall be the chief executive officer of the Corporation and shall be responsible to the Corporation for the efficient administration of the operations of the Corporation. 
 
(3) The General Manager shall be in attendance at every meeting of the Corporation unless in any particular case he or she is excused by the Corporation from attendance. 
 
(4) The Corporation shall appoint and employ such other officers and employees as it may consider necessary or desirable for the due performance of its functions. 
 
(5) Subject to subsection (1) and to any regulations made under this Act, the General Manager and other officers and employees of the Corporation shall hold office or employment at such remuneration and on such terms and conditions as the Corporation shall from time to time determine. 
 
 (6) The salaries and remuneration of the officers and employees of the Corporation shall be paid out of its funds. 
 
59. Staff Benefits - The Corporation may, with the approval of the Minister responsible for the Corporation and the Financial Secretary, provide assistance and other benefits (other than salaries and remuneration provided for in section 58) for officers, employees and directors of the Corporation. 

60. Secrecy - (1) Each member of the Corporation and each person appointed under section 58 and each agent of the Corporation and each officer and employee of each such agent shall regard and deal with all matters which come to its knowledge in the performance or discharge of his or her duties and functions under this Act as secret and shall not either while he or she is or after he or she ceases to be a member of the Corporation or an officer or employee thereof communicate any such matter to any person: 
 
(a) Other than a person to whom he or she is authorised by the Minister or the Corporation to communicate it; or 

(b) Otherwise than for the purposes of carrying out the functions of the Corporation; or 

(c) Otherwise than by or in accordance with the directions of any Court. 
 (2) Every person who wilfully acts in contravention of the provisions of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding 20 penalty units, or both. 
 
61. Protection for bona fide acts - No member of the Corporation or officer or employee thereof shall be personally liable for any liability of the Corporation or for any act done or omitted by the Corporation or by any member, officer or employee thereof in good faith in pursuance or intended pursuance of the powers, duties or functions of the Corporation. 
 
62. Contracts of Corporation - (1) Subject to section 11 any contract which if made between private persons must be by deed shall, if made by the Corporation, be in writing under the seal of the Corporation. 
 
(2) Any contract which, if made between private persons, must be in writing signed by the parties to be charged with the contract shall, if made by the Corporation, be in writing either under the seal of the Corporation or signed by any person acting on behalf of and under the express or implied authority of the Corporation. 
 
(3) Any contract which, if made between private persons, may be made orally may be made in the manner specified in subsection (1) or subsection (2) or may be made orally by or on behalf of the Corporation by any person acting under the express or implied authority of the Corporation. 
 
(4) Notwithstanding any preceding provision of this section any contract made by or on behalf of the Corporation shall not be invalid by reason only that it was not made in manner provided by this section, if it was made pursuant to a resolution of the Corporation or to give effect to a resolution of the Corporation in relation to contracts generally or in relation to that particular contract. 
 
63. Particular Powers to provide for funds for specialised education - In addition to all other powers which the Corporation has under this Act the Corporation shall have power to provide for or contribute towards scholarships, education endowments, or training schemes whether in Samoa or overseas where such scholarships endowments or schemes involve the training of persons in skills which will be of benefit in Samoa and assist in the fulfilment of the purposes of this Act. 
 
PART VII
SELF-EMPLOYED PERSONS
 
64. Insurance for self-employed persons - (1) It shall be a function of the Corporation to investigate and if practicable to implement a scheme of insurance for self-employed persons. 
 
(2) Such scheme may provide either for the voluntary or compulsory insurance of self-employed persons. 
 
(3) Such scheme may provide for minimum and maximum weekly benefit payments and may also provide for the provision of any or all other benefits that are available under this Act to workers. 
 
(4) Such scheme may provide for an arbitrary level of compensation or for a level of compensation to be determined having regard to the actual or assumed earnings from self-employment by the injured person. 
 
(5) The premium or levy in respect of any such scheme of insurance shall be fixed at such a level or levels as will be sufficient to fund the scheme and to provide a proper contribution towards the cost of the administration of this Act without recourse to other money. 
 
(6) The rate of premium or levy may be a fixed rate or may vary according to the apparent risk of injury or death attaching to the work done by the insured person in his or her self-employment. 
 
(7) The scheme or insurance envisaged by this section shall be brought into force by regulations made by the Head of State acting on the advice of Cabinet. 
 
PART VIII
MISCELLANEOUS
 
65. Remedies and common law - (1) Nothing in this Act shall affect any civil liability of any employer or other person where the injury was caused by the negligence, breach of statutory duty or other fault of such employer (including his or her servants or agents) or of such other person. 
 
(2) Any person entitled to claim under this Act may proceed both under this Act and independently of this Act. 
 
(3) Where a person claims independently of this Act and recovers any sum or sums in respect of such claim such person shall refund to the Corporation such amount as the Corporation may decide is reasonable having regard to the nature and amount of compensation paid by it to the injured person and to the nature and amount of the sum or sums so recovered; and may likewise reduce or cancel subsequent payments which but for this section would have been payable by way of compensation to such person: 
 
PROVIDED THAT in no case shall the amount payable to the Corporation together with the value of subsequent compensation so cancelled or reduced exceed the sum or sums so recovered. 
 
(4) Any amount to be refunded pursuant to subsection (3) shall be payable at such time and in such manner as the Corporation may determine and shall constitute a debt due from such person to the Corporation. 
 
(5) The rights of review and appeal granted by sections 43 and 44 shall apply to any decision or determination made under this section. 
 
66. Civil proceedings - All levies or charges payable under the provisions of this Act may without prejudice to any other remedy be recoverable by the Corporation as a debt due to the Corporation. 
 
67. Compensation not assignable - No money paid or payable by way of compensation under this Act shall be capable of being assigned, charged, taken in execution or attached nor shall any claim be set off against it nor shall it be an asset in bankruptcy of the person entitled thereto. 
 
68. Ex gratia payments - Where a person suffers personal injury by accident, or dies as a result of personal injury so suffered and: 

(a) The accident happens in Samoa and the person is not entitled to compensation in respect of the injury; or 

(b) Notwithstanding that the person is entitled to compensation in respect of the injury, the Corporation is satisfied that there are such special circumstances as to make it reasonable and proper that ex gratia provision should be made additional to any compensation or rehabilitation assistance that would otherwise be available,- 
 
 the Corporation may pay and provide, on an ex gratia basis, compensation and rehabilitation assistance on such terms and conditions and of such amount and nature as, having regard to all the circumstances of the case, it considers appropriate: 
 
PROVIDED THAT in no case shall such compensation exceed the maximum amount or amounts provided for elsewhere in this Act. 
 
69. Unclaimed Compensation - Where: 

(a) Any person to whom compensation is due fails to uplift the same within 6 months of the date upon which it fell due; or 

(b) Any cheque issued in favour of any person in respect of compensation has not been negotiated within 6 months of the date of issue,- 
 
then if the Corporation is satisfied that reasonable efforts have been made to locate the person to whom compensation is due or the payee of the cheque as the case may be the Corporation may direct that the entitlement of that person to receive the compensation or of the payee to receive the benefit of the cheque shall be extinguished and it shall be extinguished accordingly: 
 
PROVIDED, HOWEVER, THAT the Corporation may in its unfettered discretion and upon such conditions as it may impose at any time thereafter reinstate that person's or payee's entitlement. 
 
70. Payments due and unpaid at time of death of an injured person - Subject to section 24(6), where any amount has become payable to any person in his or her lifetime in respect of rehabilitation assistance or compensation under this Act but has not been paid to him or her before his or her death, it shall be paid to such dependant or dependants of the deceased or to such other person or persons as the Corporation may determine. 
 
71. Corporation to implement policy of Government - In the exercise of its functions and powers under this Act or under any other Act the Corporation shall give effect to the policy of the Government as communicated to it in writing by the Minister. 
 
72. Offences and penalties - (1) Any person who: 
 
(a) For any purpose connected with this Act or any regulations made under this Act: 

(i) Knowingly makes any false statement, or 

(ii) Produces or furnishes or causes or knowingly allows to be produced or furnished any document which he or she knows to be false in any material particular; 

(b) Fails to make any payment by the due date of any amount which under the provisions of this Act or regulations made thereunder he or she is liable or required to pay by such due date; 

(c) Obstructs any officer or employee of the Corporation in the discharge of his or her functions as such; 

(d) Fails to maintain any records required to be maintained by the provisions of this Act or by any regulations made thereunder; and 

(e) Fails to submit any returns, documents, medical report or information required to be submitted under this Act or by any regulations made thereunder,- 
 
shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding 60 penalty units or to imprisonment for a term not exceeding 3 years or to both such fine and imprisonment. 
 
(3) If any person, with intent to evade, evades or attempts to evade or does any act with intent to evade any duty imposed on him or her by this Act or any regulations made thereunder he or she shall be guilty of an offence and shall on conviction be liable to a fine not exceeding 60 penalty units. 
 
(4) In any proceedings under this section the Court may in addition to or instead of imposing a fine impose a penal charge not exceeding the amount of any levy or deficient levy and every such penal charge shall be recoverable as a fine. 
 
73. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make such regulations as shall be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof. 
 
(2) Without limiting the general power conferred by subsection (1) regulations may be made for any of the following purposes: 
 
(a) Prescribing forms and registers required in connection with the reporting notification and recording of accidents and in connection with claims for and the provision or payment of rehabilitation assistance and compensation under this Act; 

(b) Prescribing forms of medical certificates and reports; 

(c) Prescribing requirements in respect of the information to be supplied in support of claims for rehabilitation assistance and compensation and in relation to the personal injuries to which the claims relate and the accidents by which they were caused; 

(d) Prescribing the respective responsibilities of employers and workers for supplying statements and reports (including confirmatory statements and reports) in respect of accidents; 

(e) Providing in any special class or classes of cases for the modification of the procedures prescribed by or under this Part, or the substitution of different procedures, in connection with the reporting, notification, and recording of accidents and in connection with the manner of making claims for rehabilitation assistance or compensation under this Act; 

(f) Providing for such other matters as are expedient in connection with the procedure for the reporting, notification, and recording of accidents and in connection with the manner of making claims for rehabilitation assistance and compensation under this Act; 

(g) Providing for the inspection of the records of any employer; 

(h) Providing for the maintenance of records by any person importing fuel or bringing the same into Samoa for home consumption and for the inspection of such records; 

(i) To provide for the establishment regulation and control of any scheme established pursuant to section 59; 

(j) Providing for any or all matters necessary or desirable in connection with any scheme of insurance for self-employed persons effected or to be effected pursuant to section 64; 

(k) Providing for the appointment of an agent or agents for the collection of levies and other dues and for payment of commissions or fees to such agent or agents; 

(l) Prescribing the manner and time of payment of levies and other dues; 

(m) Providing for the establishment of special, standing or advisory committees consisting of members of the Corporation and persons other than members and the delegation to such committees of any of its duties; and 

(n) Providing for such matters as are contemplated by, or necessary for giving full effect to the provisions of this Act and for the due administration thereof. 

(3) In the absence of any such regulations, or so far as any such regulations do not extend, the Corporation may, subject to the provisions of this Act, determine the forms and registers to be used and the procedure to be followed for or in connection with all or any of the purposes specified in subsection (2). 
 
74. Repeals and savings - (1) Subject to subsections (2) and (3) the enactments specified in Part I of the Second Schedule are repealed. 
 
(2) Without limiting the provisions of the Acts Interpretation Act 1974 it is hereby declared that the repeal of sections 49 and 62 of the Accident Compensation Act 1978, shall not affect the amendments made by those sections. 
 
(3) The provisions of Parts III and IV and sections 29, 30, 31, 32, 33, 34, and 35 of the Accident Compensation Act 1978 shall continue in force and shall apply in respect of personal injury by accident occurring on or after the 20th day of March 1978, and before the commencement of this Act as if those provisions had not been repealed by subsection (1). 
 
(4) All proceedings in respect of offences committed or alleged to be committed before the commencement of this Act against any enactment hereby repealed may be instituted or continued as if this Act had not been passed, and all levies or charges which were payable under the Accident Compensation Act 1978 may be recovered as if this Act had not been passed. 
 
(5) All applications for review, and appeals to the Supreme Court commenced under Part V of the Accident Compensation Act 1978 may be continued under the corresponding provisions of Part V of this Act. 
 
 (6) The Order specified in Part II of the Second Schedule to this Act is revoked. 
 
75. Further savings and transitional arrangements- (1) All things lawfully done by or in the name of the Accident Compensation Board as at the date of commencement of the Accident Compensation Amendment Act 2003 are saved. 
 
(2) The Corporation shall be entitled to the benefit of and be subject to all laws, contracts, entitlements, agreements, actions, prosecutions, legal proceedings, liabilities, obligations and other arrangements which the Accident Compensation Board was lawfully entitled to or subject to, as the case may be, as at the commencement of the Accident Compensation Amendment Act 2003. 
 
(3) All criminal and civil proceedings involving or affecting the Accident Compensation Board as at the commencement of the Accident Compensation Amendment Act 2003 are saved and, despite the provisions of this Act and the Accident Compensation Amendment Act 2003, such proceedings may continue and be completed in accordance with the provision of this Act as if the Accident Compensation Amendment Act 2003 had not commenced. 
 
(4) All levies, charges, debts and other monies lawfully owing to the Accident Compensation Board as at the commencement of the Accident Compensation Amendment Act 2003 are saved and shall be recoverable by and in the name of the Corporation under the provisions of this Act. 
 
(5) All accidents and other compensible events which occurred prior to the date of commencement of the Accident Compensation Amendment Act 2003 shall be dealt with and decided in accordance with the provisions of the Accident Compensation Act 1989 as if the Accident Compensation Amendment Act 2003 had not become law and all accidents and other compensible events which occur from the date of commencement of the Accident Compensation Amendment Act 2003 shall be dealt with and decided in accordance with the provisions of the Accident Compensation Act 1989 as amended by the Accident Compensation Amendment Act 2003. 
 
FIRST SCHEDULE

Section 24 

COMPENSATION FOR PERMANENT LOSS
OR IMPAIRMENT OF BODILY FUNCTION

Nature of Permanent Loss or Impairment of Bodily Function or Loss of Part of body: 	Percentage of 
$8,000 Payable 	
1.
	Total loss of an arm or the greater part of an arm	80	
2.
	Total loss of a hand or of the lower part of an arm	70	
3	Total loss of a thumb   	38	
	Total loss of distal segment of a thumb	25	
	Loss of a pulp of a thumb    	8	
			
4	Total loss of an index finger	14	
	Total loss of distal segment of an index finger	12	
	Total loss of two segments of an index finger	13	
	Loss of the pulp of an index finger	4	
			
5.	Total loss of the middle finger	12	
	Total loss of distal segment of a middle finger	9	
	Total loss of two segments of a middle finger	10	
	Loss of the pulp of a middle finger	3	
			
6.	Total loss of a ring or small finger	8	
	Total loss of distal segment of a ring or small finger	5	
	Total loss of two segments of a ring or small finger	6	
	Loss of the pulp of a ring or small finger	2	
			
7	. Total loss of all fingers, thumb intact	66.5	
	(Treat as 95 percent of loss of a hand)		
			
8.	Total loss of a leg	75	
	Total loss of a foot or of the lower part of a leg	60	
			
9.	Total loss of a great toe	10	
	Loss of one segment of a great toe	5	
			
10	Total loss of a lesser toe	2.5	
			
11	Total loss of both legs by above-knee or below-knee amputation	100	
			
12	Loss of both arms, above-elbow or below-elbow amputation	100	

NOTES

For the purposes of section 24 of this Act, when applying the foregoing provisions of this Schedule for the purpose of assessing permanent loss or impairment of bodily function affecting the hand and its digits, if multiple digits are involved assessment shall be made both by summating the individual losses specified in the foregoing provisions of this Schedule, and on the basis specified in section 24 in relation to the permanent loss or impairment of bodily function affecting the hand or lower arm as a whole as a gripping organ. 

In relation to the last-mentioned method of assessment, complete loss of finger/palm grip in all its components shall be treated as constituting 60% loss of function of the hand, and complete loss of opposition or pincers grip shall be treated as constituting 40% loss of function of the hand, these figures to be apportioned into four equal parts for the individual digits. 
 
Example:	Finger/Palm Grip	
Index	Middle	Ring	Little Finger 	
15%	15%	15%	15% loss of function of hand, equalling altogether 60% of loss of function of hand	

	Opposition or Pincers Grip	
Index	Middle	Ring	Little Finger 	
10%	10%	10%	10% loss of function of hand, equalling altogether 40% of loss of function of hand	

The higher figure arrived at after assessment by both these methods shall be the figure awarded.

If in the case of injury to a limb or part of a limb it is considered desirable in order to obtain the best functional result that the limb or portion of the limb be amputated at a more proximal level than the part injured, the disability shall be assessed as if the injury itself had necessitated the amputation at the more proximal level. 

Assessment of Arthrodeses: 
 
The following figures are to be used for a sound arthrodesis in the position of optimum function, partial joint stiffnesses to be proportionally assessed under section 24 of this Act. 

Shoulder	:	Treat as 35% loss of function of the arms	28	
Elbow	:	Treat as 40% loss of function of the arm	32	
Wrist	:	Treat as 30% loss of function of the lower arm	21	
Hip	:	Treat as 50% loss of function of the leg	37.5	
Ankle	:	Treat as 35% loss of function of the lower leg	30	
Triple (foot arthrodesis)	:	Treat as 30% loss of function of the lower leg  	18	
	:			
Assessment of Shortening: 		
0-1/2 in	:	Treat as 5% loss of function of the leg	3.75	
1/2-1 in	:	Treat as 10% loss of function of the leg	7.5	
1-1 1/2 in	:	Treat as 15% loss of function of the leg	11.25	
1 1/2-2 in	:	Treat as 20% loss of function of the leg	15	
	:			
Pattelectomy:				
Where there is full extension of the knee and full flexion in the knee with minimal quadriceps thigh muscle wasting, treat as 15% loss of function of the leg, this figure to be varied in less successful results related to residual joint stiffness

11.25	
Excision of Head of Radius:		
Where full elbow extension and flexion movement is regained with full forearm rotation movement in either direction, treat as 15% loss of function of the arm, this basic figure to be varied in less successful cases related to residual joint stiffness	

12
	
Excision of lower end of Ulna Forearm Bone: 		
Where full forearm rotation movements are preserved and the wrist is normal, treat as 10% loss of function of the lower arm, this figure to be varied in less successful cases related to residual joint stiffness.	

7

Ligamentous injuries of the Knee Joint with Residual Instability and including Quadriceps Insufficiently with Comparable Instability:		
Moderate laxity: Treat as 15% loss of function of the leg	11.25	
		
Multiple Disabilities:		
If the disability affects more than one limb the assessment shall be made by summating the figures, but if the disabilities involve the one limb the method of progressive extraction of losses, i.e., regarding the limb as a whole shall be used.

Spinal Disability and other Disabilities:	
1.	Cervical Spine:

(a) Persistent muscle spasm, rigidity, and pain substantiated by loss of anterior curve revealed by X-Ray, although no demonstrable structural pathology, moderate referred shoulder/arm pain

(b) In cases similar to those mentioned in the immediately preceding paragraph, but with gross degenerative changes consisting of narrowing of intervertebral spaces and osteoarthritic lipping of vertebral margins.	

10

20	

2	
Thoracic Spine:		
	(a) Spinal strain related to trauma with persistent discomfort, moderate degenerative changes with osteoarthritic lipping, no X-ray evidence of structural trauma.

(b) Fracture:
(i) Compression 25% involving one or two vertebral bodies, no fragmentation, healed, no neurologic manifestations.

(ii) Compression 50% with involvement posterior elements, healed, no neurologic manifestations, persistent pain	

10

10

20
	
3.	Lumbar Spine: 

(a) Mild to moderate persistent muscle spasm with pain, with moderate degenerative lipping revealed by X-ray

(b) Fracture:

(i) Vertebral compression 25% one or two adjacent vertebral bodies, little or no fragmentation, no definite pattern or neurologic change

(ii) Vertebral compression 50% one or two adjacent vertebral bodies, little or no fragmentation, no definite pattern or neurologic change

(iii) In cases similar to those mentioned in the immediately preceding subparagraph, but with successful fusion, mild pain

10

15

20

25	
4.	Neurologic Low-Back Pain - Disc Injury:

(a) Surgical excision of disc, no fusion, good result, no persistent sciatic pain

(b) Surgical excision of disc, no fusion, moderate persistent pain and stiffness aggravated by heavy lifting with necessary modification of activities

(c) Surgical excision of disc with fusion, activities of lifting moderately modified

(d) Surgical excision of disc with fusion, persistent pain and stiffness aggravated by heavy lifting necessitating modification of all activities requiring heavy lifting

10

20

15

25	
5	Tetraplegia and Paraplegia
	100	
6.	Blindness: 

(a) Total blindness

(b) Total loss of vision in one eye (normal vision  in the other eye)

100

30	
7.	Deafness

(a) Total deafness

(b) Total deafness in one ear (normal hearing in the other ear)	

100

17	

NOTE:

Where there are subjective symptoms of pain without demonstrable clinical findings of abnormality or demonstrable structural pathology, no assessment should be made under section 24 of the Act. 

8. Total loss of Natural Permanent Teeth: 

(1)	Anterior teeth		
	Loss of 1,2, or 3 teeth	4	
	Loss of 4, 5, or 6 teeth	5	
	Loss of 7, to 12 teeth	6	
			
(2)	Posterior Teeth		
	Loss of 1 tooth	1	
	Loss of 2 to 5 teeth	2	
	Loss of 6 to 16 teeth	4	

GENERAL NOTE:

An assessment under this Schedule should be made only when the Corporation is satisfied that the condition of the claimant is sufficiently stabilised but an assessment should not on that account be delayed for more than 2 years. 

SECOND SCHEDULE
 
PART I
ENACTMENTS REPEALED
 
1978 -  No.1: The Accident Compensation Act 1978 
1988 -  No.5: The Accident Compensation Amendment Act 1988 
1988 -  No.13: The Accident Compensation Amendment (No.2) Act 1988 
 
PART II
ORDER REVOKED
 
1978/2 The Accident Compensation Act (Commencement) Order 1978 
 
REVISION NOTES 1997
 
Section 52: This section was repealed and replaced by the present Section 52 and Section 52A was added by sections 2 and 3 of the 1995 Amendment Act. 
 
REVISION NOTES 2008
 
This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made – 

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997. 

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998. 

(c) All references to the male gender have been made gender neutral. 

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa. 

(e) Amendments have been made to up-date references to offices, officers and statutes. 

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General. 

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint     1978-1996 – 
 
By Accident Compensation Amendment Act 1997 
 
Section 11 	 a new paragraph (e) was inserted into subsection (2)
	
Section 56 	a new paragraph (e) was inserted into subsection (2)

By Accident Compensation Amendment Act 2003 
 
The word “Board” was replaced by “Corporation” wherever it appeared. 

Section 2(1) 	 Definitions of “Corporation”, “minimum wage”, “relevant earnings” and “weekly wages” were inserted and a new definition was given for “Specified Conveyance”.
	
Section 4 	 A new subsection (1) was inserted.
	
Section 16 	 A new subsection (1A) was inserted.
	
Section 19 	A new section was inserted.  
	
Section 23 	 A new section was inserted.
	
Section 24 	 A new section was inserted.
	
Section 26 	 A new section was inserted.
	
Section 27 	 A new section was inserted.
	
Section 28 	 The words “provided that the total amount payable under this section shall not exceed $15,000” were inserted.
	
Section 33 	 The amount “$4000” was replaced with “$15,000”.
	
Section 37 	 A new subsection (3) was inserted.
	
Section 43 	 New subsections (2) and (11) were inserted.
	
Section 48 	 A new subsection (2) was inserted.
	
Section 49 	 The words “in accordance with the provisions of the Public Finance Management Act 2001 and the Public Bodies (Performance and Accountability) Act 2001” were inserted.
	
Section 50 	 A new section was inserted.
	
Section 52(1) 	 A new subsection was inserted.
	
Section 56.	Amendments were made to subsections 2(e) and (7) and a new subsection (8) was inserted
	
Section 58 	 The word “Manager” was deleted wherever it appears and replaced with “General Manager”.
	
Section 59 	 A new section was inserted.
	
Section 60 
 	 The number “56” was replaced with “58”.
	
Section 69 	 The number “12” wherever it appears was replaced with “6”.
	
Section 75 	A new section was inserted.

Penalties were increased in sections 31(3), 42(3), 46(3), 52(4), 60(2) and 72. 

Amendments were made to the First Schedule to – 

(a) replace the amount of “$4000” with “$8000”; 

(b) delete “52” from item 3 (Total loss of a thumb) and replace it with “38”; 

(c) delete “35” from item 3 (Total loss of distal segment of a thumb) and replace it with “25”. 

Revised and consolidated by Graham Bruce Powell 
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo 
(Parliamentary Counsel) 

REVISION NOTES 2008 No. 2

The general powers of the Attorney General under section 4 of the Revision and Publication of Laws Act 2008 is used to insert the commencement date. There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007. 

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

The Accident Compensation Act 1989 is
administered in the Accident Compensation Corporation.