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Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter II : Administration of Act

4. Functions of Director-General


(1) Subject to the provisions of this Act, the Director-General shall—

[Words preceding section 4(1)(a) substituted by section 4(a) of Act No. 61 of 1997]

(a) [Section 4(1)(a) deleted by section 4(b) of Act No. 61 of 1997];
(b) inquire into accidents and occupational diseases;
(c) adjudicate on claims and other matters coming before him for decision;
(d) issue an order for the payment of compensation in respect of an award made by him;
(e) decide whether a person is an employee, an employer, a mandator or a contractor for the purposes of this Act;
(f) decide any question relating to—
(i) a right to compensation;
(ii) the submission, consideration and adjudication of claims for compensation;
(iii) the calculation of earnings;
(iv) the degree of disablement of any employee;
(v) the amount and manner of payment of compensation;
(vi) the award, withholding, review, discontinuance, suspension, increase or reduction of compensation;
(vii) the Liability for payment of compensation as contemplated in section 29;
(g) decide whether a person is a dependant of an employee and, if so, the percentage of dependence, and, in the case where there is more than one dependant, which shall receive compensation and the allocation of compensation among them;

[Section 4(1)(g) substituted by section 4(c) of Act No. 61 of 1997]

(h) consider and adjudicate upon claims in terms of section 62;
(i) decide upon—
(i) the need for, and the nature and sufficiency of medical aid;
(ii) the reasonableness of the cost of medical aid, and the amount and manner of payment of such cost;
(j) decide upon the liability for assessment, tariffs of assessment, the amounts of assessments, the manner of payment of assessments and related matters;
(k) decide upon any other question falling within his functions in connection with the administration of this Act;
(l) administer the compensation fund and the reserve fund;
(m) recover amounts due to the compensation fund, including amounts which should not have been paid out in terms of this Act, or write off such amounts if, in his opinion, they cannot be recovered;
(n) after the conclusion of each financial year submit a report to the Minister regarding the administration of this Act during that year;
(o) record statistics and information regarding the occurrence and causes of accidents and occupational diseases, and the award of benefits in terms of this Act;
(p) institute such inquiries and perform such other functions as may be prescribed, or as he may deem necessary for the administration of this Act.


(2) The Director-General may—

[Words preceding section 4(2)(a) substituted by section 4(d) of Act No. 61 of 1997]

(a) for the administration of this Act enter into an agreement with any person for the performance of a particular task or of particular work or for the rendering of particular services on such conditions and for such remuneration as may be agreed upon;
(b) found, establish or subsidize, or assist with the founding, establishment or subsidizing of, a body, organisation or scheme whose objects include one or more of the following:
(i) The prevention of accidents or of any disease which is due to the nature of a particular activity;
(ii) the promotion of the health or safety of employees;
(iii) the provision of facilities designed to assist injured employees and employees suffering from occupational diseases to return to their work or to reduce or remove any disability resulting from their injuries or diseases;
(iv) the carrying out of any activity which will contribute to the attainment of any of the objects referred to in subparagraphs (i), (ii) and (iii);
(c) purchase or otherwise acquire shares in any body, organisation or scheme referred to in paragraph (b), and alienate any shares so acquired;
(d) apply unclaimed compensation for the general welfare of injured employees or employees suffering from occupational diseases;
(e) [Section 4(2)(e) deleted by section 4(e) of Act No. 61 of 1997].