Compensation
Accident (Amendment) Act 2005
Act No. 28/2005
table of provisions
Section Page
Part 1-Preliminary 1
1. Purpose 1
2. Commencement 2
Part 2-Accident Compensation Act 1985 4
Division 1-Non-WorkCover Employers 4
3. Amendment of sections 141, 142 and 142C 4
4. Amendment of section 148 5
5. New sections 151A and 151B inserted 5
151A. Provisions to apply where subsidiary of body corporate becomes a
non-WorkCover employer 5
151B. Non-WorkCover employer ceases to be a self-insurer 7
6. New Part VIA inserted 7
Part VIA-NON-WORKCOVER EMPLOYERS 7
164. Definitions 7
165. Authority retains or assumes liability for tail claims 10
166. Actuary to assess tail claims liabilities 11
167. Obligation of non-WorkCover employer who was insured under a
WorkCover insurance policy 12
168. Obligation of non-WorkCover employer who was a self-insurer or a
subsidiary of a self-insurer to which this Part applies 12
169. Annual assessment of tail claims liabilities 13
170. Adjustment of payments as at the end of the third year 14
171. Adjustment of payments as at the end of the sixth year 14
172. Provision of guarantees 15
173. Review of final revised assessment at the end of the liability
period 17
174. Liability of Authority under this Part 19
175. Legal proceedings excluded 19
176. Application of Part if non-WorkCover employer ceases to be a non-
WorkCover employer 19
Division 2-Provisions relating to the Crown 20
7. New section 14A inserted 20
14A. Act binds the Crown 20
8. New sections 250B and 250C inserted 20
250B. Responsible agency for the Crown 20
250C. Proceedings against successors to public bodies 21
Division 3-Secrecy Provisions 22
9. Amendment of section 5-Definitions 22
10. Amendment of section 155-Secrecy provisions 22
11. Amendment of section 243-Secrecy provisions applying to Act except
Parts 6 and 7 24
12. Amendment of section 244-Secrecy provisions applying to Part 7 25
Division 4-Amendments relating to Common Seals 26
13. Amendment of section 18 26
14. Consequential amendments 27
15. Amendment of section 52A 27
16. New section 52LA inserted-Signature 27
52LA. Signature 27
Division 5-Amendments relating to Compensation for Hearing
Loss 28
17. Amendment of section 89-Further loss of hearing 28
18. Amendment of section 91-Assessment of impairment 28
19. Amendment of section 98C-Compensation for non-economic loss 29
20. Amendment of section 270 31
Division 6-Amendments relating to Weekly Payments 31
21. Amendment of section 39-Jurisdiction-general 31
22. Amendment of section 111-Worker's capacity for work 32
23. Amendment of sections 114 and 114B-Termination or alteration of
weekly payments 32
Division 7-Transitional Provisions 33
24. New Division 5 inserted into Part IX 33
Division 5-Accident Compensation (Amendment)
Act 2005 33
284. Sections 89, 91 and 98C-(claims for compensation for further
loss of hearing) 33
285. Sections 111, 114 and 114B 34
Division 8-Section 85 Provision 34
25. New section 252G inserted 34
252G. Supreme Court-limitation of jurisdiction 34
Part 3-Accident Compensation (Workcover Insurance) Act 1993 35
Division 1-Rateable Remuneration 35
26. Amendment of section 8-Rateable remuneration 35
Division 2-Consequential Amendments 35
27. Consequential amendments 35
Part 4-Occupational Health and Safety Act 2004 37
28. Amendment of section 5-Definitions 37
29. New sections 151A to 151F inserted 38
151A. Contributions by non-WorkCover employers to the WorkCover
Authority Fund 38
151B. Provision of return by non-WorkCover employers 42
151C. Authority may require non-WorkCover employer to provide further
information 43
151D. Authority may require information from non-WorkCover employers
44
151E. Authority may require non-WorkCover employer to facilitate the
provision of information 45
151F. Application of sections 151A to 151E 45
Part 5-Transport Accident Act 1986 46
Division 1-Amendments relating to Official Seal 46
30. Amendment of section 10 46
31. Consequential amendments 46
Division 2-Statute Law Revision 47
32. Statute law revision 47
(((((((((((((((
Endnotes 48
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Victoria
No. 28 of 2005
Accident Compensation (Amendment) Act 2005(
[Assented to 21 June 2005]
The Parliament of Victoria enacts as follows:
Part 1-Preliminary
1. Purpose
The purpose of this Act is-
(a) to amend the Accident Compensation Act 1985-
(i) to provide for employers who exit the WorkCover Scheme and to
deal with the liability for, and the responsibility for
management of, the tail claims of such employers;
(ii) to expressly bind the Crown;
(iii) to revise the secrecy provisions;
(iv) to remove the requirements for common seals;
(v) to clarify the operation of the hearing loss provisions;
(vi) to improve the operation of the provisions relating to weekly
payments;
(b) to amend the Accident Compensation (WorkCover Insurance) Act
1993 in relation to rateable remuneration;
(c) to amend the Occupational Health and Safety Act 2004 to require
employers who exit the WorkCover Scheme to contribute towards
the costs and expenses incurred by the Authority for the
provision of occupational health, safety and welfare
regulation and related education and prevention services;
(d) to amend the Transport Accident Act 1986 to remove the
requirement that the Transport Accident Commission must have
an official seal.
2. Commencement
s. 2
(1) This Part, Divisions 2, 4, 6, 7 and 8 of Part 2, Division 2 of
Part 3 and Division 1 of Part 5 come into operation on the day
after the day on which this Act receives the Royal Assent.
(2) Division 2 of Part 5 is deemed to have come into operation on 2
December 2003.
(3) Division 5 of Part 2 is deemed to have come into operation on
18 November 2004.
(4) Division 1 of Part 2 is deemed to have come into operation on
19 May 2005.
s. 2
(5) Division 3 of Part 2, Division 1 of Part 3 and Part 4 come into
operation on 1 July 2005.
__________________
See:
Act No.
10191.
Reprint No. 13
as at
21 December 2004
and amending
Act Nos 60/1996, 107/1997, 95/2003, 102/2004, 107/2004 and 108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
Part 2-Accident Compensation Act 1985
Division 1-Non-WorkCover Employers
3. Amendment of sections 141, 142 and 142C
s. 3
(1) In section 141(1)(b) of the Accident Compensation Act 1985,
after "subsidiaries" insert "which is not a non-WorkCover
employer within the meaning of Part VIA".
(2) After section 142(4)(a) of the Accident Compensation Act 1985
insert-
"(aa) is subject to a deemed condition that the body corporate is
under a contractual obligation that if it becomes a non-
WorkCover employer within the meaning of Part VIA it will
make any payments in respect of tail claims liabilities
required to be made in accordance with that Part; and".
(3) After section 142C(3)(a) of the Accident Compensation Act 1985
insert-
"(aa) is subject to a deemed condition that the partnership is under
a contractual obligation that if it becomes a non-WorkCover
employer within the meaning of Part VIA it will make any
payments in respect of tail claims liabilities required to be
made in accordance with that Part; and".
4. Amendment of section 148
s. 4
After section 148(3)(a) of the Accident Compensation Act 1985
insert-
"(aa) a subsidiary of a holding company that is a holding company
that is approved as a self-insurer under this Part becomes a
non-WorkCover employer within the meaning of Part VIA;
(ab) a subsidiary to which paragraph (aa) applies ceases to be a non-
WorkCover employer within the meaning of Part VIA;".
5. New sections 151A and 151B inserted
After section 151 of the Accident Compensation Act 1985 insert-
"151A. Provisions to apply where subsidiary of body corporate
becomes a non-WorkCover employer
(1) The Authority must in a review on the ground specified in
section 148(3)(aa) determine whether-
(a) the body corporate should retain; or
(b) the Authority should assume-
the liability in respect of the assessed liability within the
meaning of section 146, being the liability that the body
corporate would have had, if the subsidiary of the body
corporate had not become a non-WorkCover employer, in respect
of injuries or deaths incurred or suffered by workers
employed by the subsidiary and which entitle a worker or a
worker's dependants to compensation (whether under this Act,
at common law or otherwise) and whether or not a claim for
compensation has been made.
(2) If the Authority assumes the liability referred to in sub-
section (1)-
(a) Part VIA applies in respect of that liability;
(b) the body corporate must ensure that there are given to the
Authority forthwith all claims and other relevant
documents relating to claims under this Act that are in
the possession of the body corporate in respect of that
liability;
(c) a person who, but for this section, would have been required by
this Act to lodge a claim for compensation with the body
corporate as a self-insurer, may lodge the claim with
the Authority;
s. 5
(d) Part IV applies to the Authority as if it were a self-insurer
and, in relation to any proceedings to which the body
corporate was a party as a self-insurer immediately
before the Authority assumed the liability of the body
corporate, as if the Authority were that party.
(3) If a subsidiary of a body corporate which is approved as a self-
insurer becomes a non-WorkCover employer within the meaning
of Part VIA, that subsidiary is for the purposes of this Part
deemed not to be a subsidiary of that body corporate for the
period that it is a non-WorkCover employer within the meaning
of Part VIA.
151B. Non-WorkCover employer ceases to be a self-insurer
If a body corporate becomes a non-WorkCover employer, the
approval of that body corporate as a self-insurer is revoked
as from the exit date within the meaning of section 164.".
6. New Part VIA inserted
s. 6
After Part VI of the Accident Compensation Act 1985 insert-
'Part VIA-NON-WORKCOVER EMPLOYERS
164. Definitions
In this Part-
"actuary" means a fellow or accredited member of the
Institute of Actuaries of Australia approved by the
Authority;
"available assets" means the portion of the Authority's total
assets assessed by an actuary calculated, with reference
to the last audited financial statements of the
Authority, to be available to fund the tail claims
liabilities;
"exit date" means the date on which an employer becomes a non-
WorkCover employer;
"initial assessment" means the assessment of tail claims
liabilities under section 166;
"liability period" means the period of 6 years commencing
from the exit date;
"non-WorkCover employer" means an employer who-
(a) on or after the commencement of section 6 of the Accident
Compensation (Amendment) Act 2005, becomes licensed
under Part VIII of the Safety, Rehabilitation and
Compensation Act 1988 of the Commonwealth after a
declaration of eligibility under that Part made on
the basis that the employer is a corporation carrying
on business in competition with a Commonwealth
authority or with another corporation that was
previously a Commonwealth authority; and
s. 6
(b) would otherwise be required-
(i) to obtain and keep a WorkCover insurance policy; or
(ii) to be approved as a self-insurer; or
(iii) to be a subsidiary of a holding company which is approved to be
a self-insurer;
"revised assessment" means the assessment of tail claims
liabilities under section 169;
"tail claims" means claims whether made before, on or after
the exit date-
(a) in respect of injuries or deaths incurred or suffered by
workers employed by the non-WorkCover employer while
the non-WorkCover employer was-
(i) insured under a WorkCover insurance policy; or
(ii) a self-insurer; or
(iii) a subsidiary of a self-insurer; and
s. 6
(b) which entitle a worker or the dependants of a worker to
compensation whether under this Act, at common law or
otherwise;
"tail claims liabilities" means the sum of the actuarial
value of the current, non-current and contingent
liabilities immediately before the exit date in respect
of tail claims under this Act of the non-WorkCover
employer while the non-WorkCover employer was-
(a) insured under a WorkCover insurance policy; or
(b) a self-insurer; or
(c) a subsidiary of a self-insurer.
165. Authority retains or assumes liability for tail claims
On the exit date the Authority-
(a) if the non-WorkCover employer was insured under a WorkCover
insurance policy, retains-
(i) the liability for; and
(ii) the responsibility for management of-
the tail claims of the non-WorkCover employer; or
(b) if the non-WorkCover employer was a self-insurer, assumes-
s. 6
(i) the liability for; and
(ii) the responsibility for management of-
the tail claims of the non-WorkCover employer; or
(c) if the non-WorkCover employer was a subsidiary of a self-
insurer and the Authority has determined to assume
liability under section 151A, assumes-
(i) the liability for; and
(ii) the responsibility for management of-
the tail claims of the non-WorkCover employer.
166. Actuary to assess tail claims liabilities
(1) If the non-WorkCover employer was insured under a WorkCover
insurance policy, an actuary appointed by the Authority must
undertake an assessment of-
(a) the tail claims liabilities; and
(b) the available assets.
(2) If the non-WorkCover employer was a self-insurer or a
subsidiary of a self-insurer to which this Part applies, an
actuary appointed by the Authority must assess the tail
claims liabilities.
(3) If a non-WorkCover employer referred to in sub-section (2)
fails to permit the actuary to inspect the books of the non-
WorkCover employer to enable that assessment to be made, the
tail claims liabilities are deemed to be the amount that the
actuary determines to be the tail claims liabilities of the
non-WorkCover employer.
s. 6
(4) The non-WorkCover employer must pay the cost of conducting the
assessment.
(5) The actuary must provide the non-WorkCover employer with a copy
of the proposed assessment.
(6) The non-WorkCover employer may provide comments to the actuary
within 28 days of receiving a copy of the proposed assessment
or within any further period as may be agreed between the
Authority and the non-WorkCover employer.
(7) The actuary must finalise the assessment after considering any
comments received under sub-section (6).
167. Obligation of non-WorkCover employer who was insured under a
WorkCover insurance policy
(1) If the non-WorkCover employer was insured under a WorkCover
insurance policy and the initial assessment is that the tail
claims liabilities exceed the available assets, the non-
WorkCover employer must pay the amount of the difference to
the Authority.
(2) The non-WorkCover employer must pay the amount under sub-
section (1) within 28 days of receiving a notice of that
initial assessment from the Authority or within any further
period as may be agreed between the Authority and the non-
WorkCover employer.
(3) If the amount under sub-section (1) is not paid to the
Authority in accordance with sub-section (2), the amount
together with interest at the prescribed rate may be
recovered by the Authority as a civil debt recoverable
summarily.
168. Obligation of non-WorkCover employer who was a self-insurer or
a subsidiary of a self-insurer to which this Part applies
s. 6
(1) If the non-WorkCover employer was a self-insurer or a
subsidiary of a self-insurer to which this Part applies, the
non-WorkCover employer must pay the amount of the tail claims
liabilities as assessed in the initial assessment to the
Authority.
(2) The non-WorkCover employer must pay the amount under sub-
section (1) within 28 days of receiving a notice of that
initial assessment from the Authority or within any further
period as may be agreed between the Authority and the non-
WorkCover employer.
(3) If the amount under sub-section (1) is not paid to the
Authority in accordance with sub-section (2), the amount
together with interest at the prescribed rate may be
recovered by the Authority as a civil debt recoverable
summarily.
169. Annual assessment of tail claims liabilities
s. 6
(1) The Authority must ensure that an actuary appointed by the
Authority undertakes an assessment of the tail claims
liabilities as at the end of each year during the liability
period.
Note: Section 44(6)(c) of the Interpretation of Legislation Act 1984
provides that a reference, without qualification, to a
year shall be construed as a reference to a period of
12 months.
(2) The non-WorkCover employer must pay the cost of conducting the
assessment.
(3) The actuary must provide the non-WorkCover employer with a copy
of the proposed assessment.
(4) The non-WorkCover employer may provide comments to the actuary
within 28 days of receiving a copy of the proposed assessment
or within any further period as may be agreed between the
Authority and the non-WorkCover employer.
(5) The actuary must finalise the assessment after considering any
comments received under sub-section (4).
170. Adjustment of payments as at the end of the third year
s. 6
(1) If the revised assessment of the tail claims liabilities as at
the end of the third year of the liability period exceeds the
initial assessment of the tail claims liabilities, the non-
WorkCover employer must pay the amount of the difference to
the Authority.
(2) The non-WorkCover employer must pay the amount under sub-
section (1) within 28 days of receiving a notice of that
revised assessment from the Authority or within any further
period as may be agreed between the Authority and the non-
WorkCover employer.
(3) If the amount under sub-section (1) is not paid to the
Authority in accordance with sub-section (2), the amount
together with interest at the prescribed rate may be
recovered by the Authority as a civil debt recoverable
summarily.
(4) If the revised assessment of the tail claims liabilities as at
the end of the third year of the liability period is less
than the initial assessment of the tail claims liabilities,
the Authority must pay the amount of the difference to the
non-WorkCover employer.
171. Adjustment of payments as at the end of the sixth year
(1) If the revised assessment of the tail claims liabilities as at
the end of the sixth year of the liability period exceeds the
revised assessment of the tail claims liabilities as assessed
at the end of the third year of the liability period, the non-
WorkCover employer must pay the amount of the difference to
the Authority.
(2) The non-WorkCover employer must pay the amount under sub-
section (1) within 28 days of receiving a notice of that
revised assessment from the Authority or within any further
period as may be agreed between the Authority and the non-
WorkCover employer.
s. 6
(3) If the amount under sub-section (1) is not paid to the
Authority in accordance with sub-section (2), the amount
together with interest at the prescribed rate may be
recovered by the Authority as a civil debt recoverable
summarily.
(4) If the revised assessment of the tail claims liabilities as at
the end of the sixth year of the liability period is less
than the revised assessment of the tail claims liabilities as
assessed at the end of the third year of the liability
period, the Authority must pay the amount of the difference
to the non-WorkCover employer.
172. Provision of guarantees
(1) A non-WorkCover employer must ensure that there is in force a
guarantee-
(a) against insolvency risk given by an authorised deposit-
taking institution to or in favour of the Authority in a
form approved by the Authority in respect of 50% of-
(i) in relation to the first year of the liability period, the
initial assessment of tail claims liabilities until
the end of the first year after the exit date;
(ii) in relation to the second and subsequent years of the liability
period, the revised amount of the tail claims
liabilities still outstanding as assessed at the end
of each subsequent year for the duration of the next
year until the date a payment (if any) is made under
section 171; and
s. 6
(b) against claims deterioration given by an authorised deposit-
taking institution to or in favour of the Authority in a
form approved by the Authority-
(i) in relation to the period from the exit date until the date a
payment is made under section 170 or if no payment is
required, until the date which is 28 days after the
notice of assessment is received under section 170,
for the amount, if any, by which the revised
assessment of tail claims liabilities at the end of
each year exceeds the initial assessment of tail
claims liabilities;
(ii) in relation to the period from the end of the period referred
to in sub-paragraph (i) until the date a payment is
made under section 171 or if no payment is required,
until the date which is 28 days after the notice of
assessment is received under section 171, or if a
review is conducted under section 173, until the date
on which the review is finalised, for the amount, if
any, by which the revised assessment of tail claims
liabilities at the end of each year exceeds the
revised assessment of tail claims liabilities as
assessed at the end of the third year.
(2) If-
(a) the non-WorkCover employer fails to make a payment required
under section 170 or 171; or
(b) any of the following occurs-
s. 6
(i) the non-WorkCover employer is under official management, is
commenced to be wound up or has ceased to carry on
business;
(ii) a receiver or receiver and manager is appointed in respect of
the property or part of the property of the non-
WorkCover employer under the Corporations Law or the
corresponding law of another State or Territory;
(iii) the non-WorkCover employer enters into a compromise or scheme
of arrangement with its creditors-
the Authority may recover under a guarantee under this
section any loss suffered by the Authority.
173. Review of final revised assessment at the end of the liability
period
(1) If a non-WorkCover employer disputes the final revised
assessment made under section 169 as at the end of the
liability period, the non-WorkCover employer may appoint an
actuary to review the final revised assessment.
(2) The non-WorkCover employer must pay the cost of conducting the
review.
(3) The actuary appointed by the non-WorkCover employer must
provide comments to the actuary who made the final revised
assessment within 28 days of the non-WorkCover employer
receiving a copy of the final revised assessment.
s. 6
(4) If the actuary appointed by the non-WorkCover employer and the
actuary who made the final revised assessment are unable to
reach agreement, the non-WorkCover employer and the Authority
may agree-
(a) to jointly appoint another actuary to review the final revised
assessment; and
(b) to be bound by the decision of that actuary.
(5) The costs of a review conducted under sub-section (4) are to be
borne equally by the non-WorkCover employer and the
Authority.
(6) If-
(a) the actuary appointed by the non-WorkCover employer and the
actuary who made the final revised assessment were unable
to reach agreement; and
(b) the non-WorkCover employer and the Authority do not enter into
an agreement under sub-section (4) within 28 days after
the period referred to in sub-section (3)-
the final revised assessment under section 169 is by virtue
of this sub-section binding on the non-WorkCover employer and
the Authority.
174. Liability of Authority under this Part
Except as is otherwise expressly provided in this Part, the
Authority is not liable to make any payment or repayment to a
non-WorkCover employer under this Part.
175. Legal proceedings excluded
s. 6
No proceedings-
(a) seeking the grant of any relief or remedy in the nature of
certiorari, prohibition, mandamus or quo warranto, or the
grant of a declaration or an injunction; or
(b) seeking any order under the Administrative Law Act 1978-
may be brought against the Authority, an actuary or any other
person in respect of any assessment under this Part, or any
proceedings relating to such an assessment or any other act,
matter or thing incidental to the conduct of such an
assessment.
176. Application of Part if non-WorkCover employer ceases to be a
non-WorkCover employer
This Part continues to apply until the end of the liability
period in respect of the tail claims of a non-WorkCover
employer who ceases to be a non-WorkCover employer and
becomes-
(a) insured under a WorkCover insurance policy; or
(b) a self-insurer; or
(c) a subsidiary of a self-insurer.'.
Division 2-Provisions relating to the Crown
7. New section 14A inserted
s. 7
After section 14 of the Accident Compensation Act 1985 insert-
"14A. Act binds the Crown
(1) This Act binds the Crown-
(a) in right of the State of Victoria; and
(b) to the extent that the legislative power of the Parliament
permits, in all its other capacities.
(2) To avoid doubt, the Crown is a body corporate for the purposes
of this Act and the regulations.".
8. New sections 250B and 250C inserted
After section 250A of the Accident Compensation Act 1985 insert-
'250B. Responsible agency for the Crown
(1) If proceedings are brought against the Crown for an offence
against this Act or the Accident Compensation (WorkCover
Insurance) Act 1993 or the regulations under those Acts, the
responsible agency in respect of the offence may be specified
in any document initiating, or relating to, the proceedings.
(2) In this section, the "responsible agency" in respect of an
offence is the agency of the Crown-
(a) whose acts or omissions are alleged to constitute the
offence; or
(b) if that agency has ceased to exist, that is the successor of
that agency; or
(c) if that agency has ceased to exist and there is no clear
successor, that the court declares to be the responsible
agency.
(3) The responsible agency in respect of an offence is entitled to
act in proceedings against the Crown for the offence and,
subject to any relevant rules of court, the procedural rights
and obligations of the Crown as the accused in the
proceedings are conferred or imposed on the responsible
agency.
(4) The person prosecuting the offence may change the responsible
agency during the proceedings with the court's leave.
250C. Proceedings against successors to public bodies
(1) In this section, "public body" means-
(a) a body corporate representing the Crown; or
(b) a State owned enterprise or reorganising body (within the
meaning of the State Owned Enterprises Act 1992); or
s. 8
(c) a Council (within the meaning of the Local Government Act
1989); or
(d) a public entity (within the meaning of the Public
Administration Act 2004).
(2) Proceedings for an offence against this Act or the Accident
Compensation (WorkCover Insurance) Act 1993 or the
regulations under those Acts that were instituted against a
public body before its dissolution, or that could have been
instituted against a public body if not for its dissolution,
may be continued or instituted against its successor if the
successor is a public body.'.
Division 3-Secrecy Provisions
9. Amendment of section 5-Definitions
s. 9
In section 5(1) of the Accident Compensation Act 1985, after the
definition of "company" insert-
' "corresponding Authority" means a Government department or a
statutory authority of the Commonwealth Government, or of the
Government of another State or of a Territory, that is
responsible for administering a law corresponding to this
Act, the Accident Compensation (WorkCover Insurance) Act
1993, the Occupational Health and Safety Act 2004, the
Dangerous Goods Act 1985, the Equipment (Public Safety) Act
1994 the or Road Transport (Dangerous Goods) Act 1995;'.
10. Amendment of section 155-Secrecy provisions
(1) For section 155(2)(c)(i) of the Accident Compensation Act 1985
substitute-
"(i) the Secretary to the Department of Treasury and Finance;
(ii) the Secretary to the Department of Innovation, Industry and
Regional Development;
(iia) a corresponding Authority;
(iib) an authority, department or public body, within the meaning of
the Financial Management Act 1994, which has functions in
relation to particular accident compensation matters arising
under this Act or any other Act;
(iic) a committee of the Parliament;
(iid) a person or body approved by the Governor in Council;".
(2) For section 155(2)(d) of the Accident Compensation Act 1985
substitute-
"(d) producing a document or disclosing information which is
required or permitted to be produced or disclosed by or under
this Act or any other Act.".
(3) After section 155(2) of the Accident Compensation Act 1985
insert-
s. 10
"(3) The Minister must cause a report of requests for the approval
of persons or bodies by the Governor in Council under sub-
section (2)(c)(iid) to be laid before each House of the
Parliament within 14 sitting days of that House after 30 June
in each year.
(4) The report must include the following matters in respect of
each request-
(a) the name of the person sought to be approved;
(b) the reason for the request;
(c) the date of the request;
(d) whether the request was approved or refused.".
11. Amendment of section 243-Secrecy provisions applying to Act
except Parts 6 and 7
s. 11
(1) Before section 243(1)(a) of the Accident Compensation Act 1985
insert-
"(aa) a member of the Board;".
(2) For section 243(2)(c)(i) of the Accident Compensation Act 1985
substitute-
"(i) the Secretary to the Department of Innovation, Industry and
Regional Development;".
(3) After section 243(2)(c)(iva) of the Accident Compensation Act
1985 insert-
"(ivab) a corresponding Authority;
(ivac) an authority, department or public body, within the
meaning of the Financial Management Act 1994, which has
functions in relation to particular accident compensation
matters arising under this Act or any other Act;".
(4) For section 243(2)(d) of the Accident Compensation Act 1985
substitute-
"(d) producing a document or disclosing information which is
required or permitted to be produced or disclosed by or under
this Act or any other Act.".
(5) For section 243(3) of the Accident Compensation Act 1985
substitute-
"(2A) The Minister must cause a report of requests for the approval
of persons or bodies by the Governor in Council under sub-
section (2)(c)(viii) to be laid before each House of the
Parliament within 14 sitting days of that House after 30 June
in each year.
(3) The report must include the following matters in respect of
each request-
(a) the name of the person sought to be approved;
(b) the reason for the request;
(c) the date of the request;
(d) whether the request was approved or refused.".
12. Amendment of section 244-Secrecy provisions applying to Part 7
s. 12
(1) Before section 244(1)(a) of the Accident Compensation Act 1985
insert-
"(aa) a member of the Board; or".
(2) For section 244(2)(c)(va) of the Accident Compensation Act 1985
substitute-
"(va) the Secretary to the Department of Innovation, Industry and
Regional Development;
(vb) a corresponding Authority;
(vc) an authority, department or public body, within the meaning of
the Financial Management Act 1994, which has functions in
relation to particular accident compensation matters arising
under this Act or any other Act;".
(3) For section 244(2)(d) of the Accident Compensation Act 1985
substitute-
"(d) producing a document or disclosing information which is
required or permitted to be produced or disclosed by or under
this Act or any other Act.".
(4) For section 244(3) of the Accident Compensation Act 1985
substitute-
"(3) The Minister must cause a report of requests for the approval
of persons or bodies by the Governor in Council under sub-
section (2)(c)(x) to be laid before each House of the
Parliament within 14 sitting days of that House after 30 June
in each year.
(4) The report must include the following matters in respect of
each request-
(a) the name of the person sought to be approved;
(b) the reason for the request;
(c) the date of the request;
(d) whether the request was approved or refused.".
Division 4-Amendments relating to Common Seals
13. Amendment of section 18
s. 13
(1) Section 18(2)(b) of the Accident Compensation Act 1985 is
repealed.
(2) For sections 18(3) and 18(4) of the Accident Compensation Act
1985 substitute-
"(3) A document is executed by the Authority if the document is
signed by-
(a) 2 Directors of the Board; or
(b) 1 Director of the Board and the person who is designated by the
Board to be the Secretary to the Board.
(4) A person may assume that a document has been duly executed by
the Authority if the document appears to have been signed in
accordance with sub-section (3).
(5) All courts, judges and persons acting judicially must take
judicial notice of the signatures on a document which appears
to have been signed in accordance with sub-section (3).".
14. Consequential amendments
s. 14
In sections 21(1) and 23(1) of the Accident Compensation Act 1985
omit "under its common seal" (wherever occurring).
15. Amendment of section 52A
Sections 52A(3)(d), 52A(4) and 52A(5) of the Accident
Compensation Act 1985 are repealed.
16. New section 52LA inserted-Signature
After section 52L of the Accident Compensation Act 1985 insert-
"52LA. Signature
(1) Any document or copy of a document issuing out of the office of
the Service and bearing the written, stamped or printed
signature of the Senior Conciliation Officer or a person
authorised by the Senior Conciliation Officer is, until the
contrary is proved, deemed to have been duly signed by the
person by whom it purports to have been signed.
(2) Judicial notice is to be taken of every such signature and of
the fact that the person whose signature it purports to be
holds or has held the office of the Senior Conciliation
Officer or is or has been a person authorised by the Senior
Conciliation Officer.".
Division 5-Amendments relating to Compensation for Hearing Loss
17. Amendment of section 89-Further loss of hearing
s. 17
(1) After section 89(3)(a) of the Accident Compensation Act
1985 insert-
"Note: The percentage NAL loss is to be determined in accordance
with section 91(4). The percentage NAL loss is then
converted in accordance with section 91(3).".
(2) After section 89(3)(b) of the Accident Compensation Act
1985 insert-
"Note: The percentage NAL loss is to be determined in accordance
with section 89(3C). The percentage NAL loss is then
converted in accordance with section 91(3A).".
18. Amendment of section 91-Assessment of impairment
For section 91(3A) of the Accident Compensation Act 1985
substitute-
"(3AA) In the case of a further injury, for the purposes of
assessing the degree of impairment of the whole person
resulting from binaural hearing impairment from which the
worker was suffering immediately after the further injury in
respect of which the claim is made, the percentage of the
diminution of hearing is to be determined in accordance with
sub-section (4) and converted in accordance with sub-
section (3).
(3A) In the case of a further injury, for the purposes of assessing
the degree of impairment of the whole person resulting from
binaural hearing impairment in respect of prior injury or
prior hearing loss, the percentage of the diminution of
hearing is to be determined in accordance with sections
89(3C) and 89(3D) and converted as follows-
(a) if the binaural loss of hearing is less than 10 per cent NAL,
the degree of impairment is equal to that per cent
(rounded up to the next whole number);
(b) if the binaural loss of hearing is 10 per cent NAL, the degree
of impairment is 10 per cent;
(c) if the binaural loss of hearing is more than 10 per cent NAL,
the degree of impairment is the percentage equivalent of
the number (rounded up to the next whole number) given by
the formula-
10 + [0(278 (NAL ( 10)]-
where NAL is the percentage of diminution of hearing
determined in accordance with sections 89(3C) and 89(3D).".
19. Amendment of section 98C-Compensation for non-economic loss
s. 19
For section 98C(3A) of the Accident Compensation Act 1985
substitute-
'(3A) Despite sub-section (1), the amount of non-economic loss in
respect of industrial deafness in respect of a further injury
is to be calculated as at the date of the relevant injury as
follows-
(a) if T is not less than 10% and not more than 30% and P is less
than 10%-the amount of the non-economic loss is to be
determined in accordance with the formula-
[(T ( 10) $2220] + [(10 ( P) $1481];
(b) if T is not less than 10% and not more than 30% and P is not
less than 10%-the amount of the non-economic loss is to
be determined in accordance with the formula-
[(T ( P) $2220];
(c) if T is more than 30% and P is less than 10%-the amount of the
non-economic loss is to be determined in accordance with
the formula-
[(T ( 30) $3700] + [(30 ( 10) $2220] + [(10 ( P)
$1481];
s. 19
(d) if T is more than 30% and P is not less than 10% and is less
than 30%-the amount of the non-economic loss is to be
determined in accordance with the formula-
[(T ( 30) $3700] + [(30 ( P) $2220];
(e) if T is more than 30% and P is not less than 30%-the amount of
the non-economic loss is to be determined in accordance
with the formula-
[(T ( P) $3700]-
where-
"T" is the percentage referred to in section 89(3)(a) rounded up to
the next whole number, after that percentage has been
converted in accordance with section 91(3);
"P" is the total percentage referred to in section 89(3)(b) rounded
up to the next whole number, after that percentage
has been converted in accordance with section
91(3A).'.
20. Amendment of section 270
s. 20
(1) In section 270(2) of the Accident Compensation Act 1985 for
"before" (where thirdly occurring) substitute "after".
(2) After section 270(2) of the Accident Compensation Act 1985
insert-
"(3) Sections 89 and 91 as in force before the commencement of
sections 15 and 16 of the Accident Compensation Legislation
(Amendment) Act 2004 continue to apply in respect of a claim
for compensation in respect of a further injury which
occurred before 12 November 1997 lodged under section 98 or
98A whether before, on or after that commencement.".
Division 6-Amendments relating to Weekly Payments
21. Amendment of section 39-Jurisdiction-general
After section 39(1) of the Accident Compensation Act 1985 insert-
"(1AA) If the County Court is exercising the jurisdiction
conferred by sub-section (1) in a proceeding relating to the
entitlement of a worker to weekly payments, the County Court
has the jurisdiction in the proceeding to inquire into, hear
and determine any question or matter under this Act relating
to any termination or alteration of any entitlement to weekly
payments by virtue of this Act.".
22. Amendment of section 111-Worker's capacity for work
s. 22
(1) In section 111(1) of the Accident Compensation Act 1985 for "A
worker" substitute "Subject to sub-section (1A), a worker".
(2) After section 111(1) of the Accident Compensation Act 1985
insert-
"(1A) If a decision to reject a claim for weekly payments or to
terminate weekly payments is set aside, a worker is not
required to comply with sub-section (1) in respect of any
period from the date that the decision took effect until the
day on which the decision is set aside.".
23. Amendment of sections 114 and 114B-Termination or alteration of
weekly payments
(1) After section 114(1) of the Accident Compensation Act 1985
insert-
"(1A) Sub-sections (2) to (13) only apply if the worker is currently
receiving weekly payments as at the date of the change in the
entitlement of the worker to weekly payments.".
(2) In section 114B(3) of the Accident Compensation Act 1985 -
(a) for "Notwithstanding" substitute "If sub-section (1) applies
and notwithstanding";
(b) omit "within the meaning of section 93B(3A)".
Division 7-Transitional Provisions
24. New Division 5 inserted into Part IX
s. 24
After section 283 of the Accident Compensation Act 1985 insert-
"Division 5-Accident Compensation (Amendment) Act 2005
284. Sections 89, 91 and 98C-(claims for compensation for further
loss of hearing)
(1) Subject to sub-section (2), sections 89, 91 and 98C as amended
by sections 17 to 19 of the Accident Compensation (Amendment)
Act 2005 apply in respect of a claim for compensation lodged
under section 98C on or after 18 November 2004 irrespective
of whether the further injury, the prior injury or the prior
hearing loss occurred before, on or after that date.
(2) Despite the amendments made to sections 89, 91 and 98C by
sections 17 to 19 of the Accident Compensation (Amendment)
Act 2005, sections 89, 91 and 98C as in force before the
commencement of sections 15, 16 and 18 of the Accident
Compensation Legislation (Amendment) Act 2004 continue to
apply in respect of a claim for compensation lodged under
section 98C on or before 18 November 2004 in respect of a
further injury which occurred on or after 12 November 1997.
285. Sections 111, 114 and 114B
Despite section 4A, sections 111, 114 and 114B as in force
after the commencement of sections 22 and 23 of the Accident
Compensation (Amendment) Act 2005 apply in respect of the
entitlement of a worker to weekly payments irrespective of
when that entitlement arose.".
Division 8-Section 85 Provision
25. New section 252G inserted
s. 25
Before section 253 of the Accident Compensation Act 1985 insert-
"252G. Supreme Court-limitation of jurisdiction
It is the intention of section 175 as inserted by section 6
of the Accident Compensation (Amendment) Act 2005 to alter or
vary section 85 of the Constitution Act 1975.".
__________________
See:
Act No.
50/1993.
Reprint No. 5
as at
30 June 1999
and amending
Act Nos
26/2000, 54/2000, 44/2001, 82/2001, 95/2003, 40/2004 and 102/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
Part 3-Accident Compensation (Workcover Insurance) Act 1993
Division 1-Rateable Remuneration
26. Amendment of section 8-Rateable remuneration
s. 26
(1) For sections 8(1) and 8(2) of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute-
"(1) The remuneration subject to a premium under this Act is
remuneration that is paid or payable by an employer on or
after 1 July 2005 in respect of services performed or
rendered on or after 1 July 2005 by a worker whose employment
is connected with the State of Victoria within the meaning of
section 80 of the Accident Compensation Act 1985.
(2) Sub-sections (1) and (2) as in force before the commencement of
section 26 of the Accident Compensation (Amendment) Act 2005
continue to apply for the purposes of determining
remuneration subject to a premium before 1 July 2005.".
(2) Section 8(3) of the Accident Compensation (WorkCover Insurance)
Act 1993 is repealed.
Division 2-Consequential Amendments
27. Consequential amendments
(1) In section 71(2) of the Accident Compensation (WorkCover
Insurance) Act 1993 for "under the seal of the Authority or"
substitute "purporting to be executed in accordance with section
18(3) of the Accident Compensation Act 1985 or under the seal
of".
(2) In section 71(3) of the Accident Compensation (WorkCover
Insurance) Act 1993 for "under the common seal of the Authority
or" substitute "executed in accordance with section 18(3) of the
Accident Compensation Act 1985 or under the seal of".
s. 27
__________________
See:
Act No.
107/2004.
LawToday:
www.dms.
dpc.vic.
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Part 4-Occupational Health and Safety Act 2004
28. Amendment of section 5-Definitions
s. 28
In section 5(1) of the Occupational Health and Safety Act 2004
insert the following definitions-
' "contribution" means a contribution the amount of which is
determined in accordance with section 151A(2);
"exit date" has the same meaning as it has in section 164 of the
Accident Compensation Act 1985;
"interest at the prescribed rate" means interest at the rate
fixed for the time being under section 2 of the Penalty
Interest Rates Act 1983;
"non-WorkCover employer" has the same meaning as it has in
section 164 of the Accident Compensation Act 1985;
"rateable remuneration" has the same meaning as it has in section
3(1) of the Accident Compensation (WorkCover Insurance) Act
1993;
"self-insurer" has the s...