Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Accident Compensation (Further Amendment) Act
1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
PART 2--ACCIDENT COMPENSATION ACT 1985 3
3. Principal Act 3
4. Definitions 3
5. Delegation 3
6. Contributions by self-insurers 4
7. Costs 4
8. Medical panels 5
9. New section 91 inserted 5
91. Assessment of impairment 5
10. Amendment of section 93B 6
11. Impairment 6
12. Notional earnings 7
13. Superannuation and termination payments 8
14. New section 98B inserted 9
98B. Payment of compensation 9
15. Compensation for medical and like services 12
16. Amendment of section 99 13
17. New section 99AAA inserted 13
99AAA. Co-ordinated care programs 14
18. References to section 99AAA 19
19. Amendment of section 100 19
20. Amendment of section 104A 19
21. New division 10 inserted in Part IV 19
DIVISION 10--AGENCY ARRANGEMENTS 20
138A. Arrangements between authorised insurer and employer 20
22. Indemnity by third party 21
23. Approval as self-insurer 21
24. Approval of self-insurers 22
25. Penalties 23
26. New Part VIIA inserted 24
i
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Clause Page
PART VIIA--PROHIBITED CONDUCT RELATING TO
TOUTING FOR CLAIMS 24
179. Definitions 24
180. Prohibited conduct by agents 25
181. Offence of engaging in prohibited conduct 27
182. Consequences of prohibited conduct for recovery of fees
by agents 27
183. Consequences of prohibited conduct for legal
practitioners 28
184. Legal practitioner and agents can be requested to certify
as to prohibited conduct 30
185. Power to restrict or ban recovery of costs by agents who
engage in prohibited conduct 31
186. Power to restrict or ban agents who engage in prohibited
conduct 32
187. Past conduct included in assessing persistent conduct 34
188. Duty of claimants to comply with requests for
information about agents and legal practitioners 34
27. Warrants to enter search 34
28. Secrecy 35
29. Institution of prosecutions 35
30. Supreme Court-limitation of jurisdiction 35
PART 3--AMENDMENT OF OTHER ACTS 36
31. Section 18 substituted 36
18. Estimate of rateable remuneration 36
32. Amendment of Accident Compensation (WorkCover
Insurance) Act 1993 37
22A. Reduction of premium where Division 10 agreement
entered into 37
33. Accident Compensation (Occupational Health and Safety)
Act 1996 37
34. Amendment of Transport Accident Act 1986 38
35. New section 46B 39
46B. Assessment of impairment 39
NOTES 39
ii
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
s. 2
A BILL
to make further amendments to the Accident Compensation Act
1985 and the Accident Compensation (WorkCover Insurance) Act
1993 and certain other Acts and for other purposes.
Accident Compensation (Further
Amendment) Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Accident
Compensation Act 1985 and the Accident
Compensation (WorkCover Insurance) Act
5
1993.
2. Commencement
1
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
Act No.
(1) This Part and sections 3, 4(2), 5, 7, 8, 13, 16, 20,
22, 24, 27 and 31 come into operation on the day
on which this Act receives the Royal Assent.
(2) Section 33 is deemed to have come into operation
on 28 June 1996.
5
(3) Sections 9, 11, 30, and 35 come into operation on
14 November 1996.
(4) Sections 21, 23, 25 and 32 come into operation on
a day or days to be proclaimed.
(5) Subject to sub-section (5), the remaining
10
provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
not come into operation before 1 July 1997, it
comes into operation on that day.
15
_______________
2
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 3 Act No.
PART 2--ACCIDENT COMPENSATION ACT 1985
3. Principal Act
No. 10191. In this Part, the Accident Compensation Act
Reprinted to
1985 is called the Principal Act.
No. 42/1995
and
subsequently
amended by
Nos 85/1995,
98/1995,
100/1995,
4. Definitions
5 7/1996 and
13/1996.
(1) In section 5(1) of the Principal Act, after
paragraph (f) of the definition of "medical
question" insert--
"(g) a question whether a proposal under section
99AAA for a co-ordinated care program, or
10
an alteration of such a program should be
approved or such a program should be
cancelled.".
(2) In section 5(1) of the Principal Act, in the
definition of "notional earnings", after "whichever
15
is the greater" insert "but does not include an
amount paid to the worker by the Authority in
respect of an employment programme provided or
arranged by the Authority for the purposes of this
Act".
20
5. Delegation
In section 21(10) of the Principal Act, after "other
than" insert "a Director of the Board appointed
under section 25 or 26 or".
25
3
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 6
Act No.
6. Contributions by self-insurers
In section 33A(7) of the Principal Act, for
"32(4)(c), (d) or (fa)" substitute "32(4)(d), (e),
(f), (fa) or (i)".
7. Costs
5
(1) In section 50 of the Principal Act--
(a) in sub-section (2A), omit "Notwithstanding
anything to the contrary in any court rules,";
(b) in sub-section (3), omit "Despite anything to
the contrary in any other Act or law,".
10
(2) In section 50(4) of the Principal Act, for ", sub-
sections (5) and (6) apply in respect of that
settlement or compromise" substitute--
"(a) sub-sections (5) and (6) apply in respect of
that settlement or compromise; and
15
(b) whether or not an agreement referred to in
sub-section (5) is entered into, the worker or
claimant or his or her legal practitioner is not
entitled to receive either directly or
indirectly from the other party to the
20
proceedings an amount for or in respect of
the legal practitioner appearing for or acting
on behalf of the worker or claimant in the
proceedings that exceeds the amount the
worker or claimant or legal practitioner
25
could have been awarded if the scale of costs
applicable in the Magistrates' Court
applied.".
(3) After section 50(6) of the Principal Act insert--
"(7) This section has effect despite anything to
30
the contrary in any other Act or law.".
(4) Section 50(4) of the Accident Compensation Act
1985 as amended by this section applies in respect
4
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 8 Act No.
of a settlement or compromise made on or after
the commencement of this section.
8. Medical panels
In section 63(5) of the Principal Act, after
"examine a worker" insert "(otherwise than in his
5
or her capacity as a member of a Medical Panel)".
9. New section 91 inserted
After section 90 of the Principal Act insert--
"91. Assessment of impairment
(1) In this Part, a reference to the assessment of
10
a degree of impairment in accordance with
this section is a reference to an assessment--
(a) made in accordance with--
(i) unless regulations referred to in
sub-paragraph (ii) are in force, the
15
American Medical Association's
Guides to the Evaluation of
Permanent Impairment (Second
Edition); or
(ii) methods prescribed for the
20
purposes of this section--
and in accordance with operational
guidelines (if any) as to the use of those
Guides or methods issued by the
Minister; and
25
(b) if the Minister has approved a training
course in the application of those
Guides or methods, made by a medical
practitioner who has successfully
completed such a training course.
30
(2) In assessing a degree of impairment under
sub-section (1), regard must not be had to
any psychiatric or psychological injury,
5
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 10
Act No.
impairment or symptoms arising as a
consequence of, or secondary to, a physical
injury.".
10. Amendment of section 93B
(1) In section 93B(1) of the Principal Act, for
5
paragraph (a) substitute--
"(a) if the worker has a serious injury, the rate
of--
(i) the difference between 90 per cent of
the worker's pre-injury average weekly
10
earnings and 90 per cent. of the
worker's notional earnings; or
(ii) the difference between $664 and 90 per
cent. of the worker's notional
earnings--
15
whichever is the lesser;".
(2) In section 93B(2) of the Principal Act--
(a) paragraph (a) is repealed;
(b) in paragraph (b), for "sub-section (1)(b)"
substitute "sub-section (1)(a) or (b)".
20
11. Impairment
(1) In section 93B of the Principal Act, for sub-
section (5) substitute--
'(5) In this section--
"serious injury", in relation to a worker,
25
means an injury which entitles the
worker to compensation under this Act
and in respect of which the worker's
degree of impairment, if assessed by
the Authority, authorised insurer or
30
self-insurer in accordance with section
91, would be 30 per cent or more.'.
6
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 12 Act No.
(2) In the Table to section 98(1) of the Principal Act,
for paragraph (e) substitute--
"(e) the degree of impairment in the case of
injuries to the back, neck or pelvis is to be
assessed in accordance with section 91.".
5
(3) In section 135A(3) of the Principal Act, for "the
American Medical Association's Guides to the
Evaluation of Permanent Impairment (Second
Edition or any subsequent prescribed edition)"
substitute "section 91".
10
(4) Section 98 of the Principal Act, as amended by
sub-section (2), applies in respect of a claim for
compensation under that section made on or after
the commencement of that sub-section.
(5) Section 135A of the Principal Act, as amended by
15
sub-section (3), applies in respect of proceedings
brought on or after the commencement of that
sub-section.
12. Notional earnings
(1) In section 93DA of the Principal Act, before "For
20
the purposes of" insert "(1)".
(2) At the end of section 93DA of the Principal Act
insert--
'(2) For the purposes of assessing the notional
earnings of a worker who has a serious
25
injury, in the calculation of that worker's
weekly payments any notional earnings of
the worker within the meaning of paragraph
(b) of the definition of "notional earnings" in
section 5(1) are not to be taken into account
30
during any period or periods during which
the worker is incapacitated for work and in
which any of the following circumstances
apply--
7
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 13
Act No.
(a) the employer has failed to provide the
worker with suitable employment and
the worker is complying with the
requirements of section 93B relating to
returning to work in suitable
5
employment;
(b) the worker is participating in an
occupational rehabilitation service or
return to work plan.'.
13. Superannuation and termination payments
10
(1) In section 96 of the Principal Act, for sub-section
(1) substitute--
"(1) The amount of any weekly payment payable
to a worker under this Part must be reduced
by the weekly amount of--
15
(a) any disability, retirement or
superannuation pension received by the
worker; and
(b) any redundancy or severance payment
received by the worker--
20
which relates to the worker's retirement
from, or the cessation or termination of, the
employment out of, or in the course of
which, or due to the nature of which, the
injury arose.".
25
(2) In section 96(2) of the Principal Act, for
paragraphs (a) and (b) substitute--
"(a) receives a lump sum amount on termination,
by reason of redundancy or severance, of the
employment out of, or in the course of
30
which, or due to the nature of which, the
injury arose; or
(b) receives a superannuation or retirement
benefit lump sum amount--
8
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 14 Act No.
(i) that relates to the worker's retirement
from, or the cessation or termination of,
the employment out of, or in the course
of which, or due to the nature of which,
the injury arose; and
5
(ii) that is an eligible termination payment
for the purposes of the Income Tax
Assessment Act 1936 of the
Commonwealth--
which has not been deposited with a
10
complying superannuation fund or a
complying approved deposit fund or used to
purchase an eligible annuity within the
meaning of section 27A(1) of that Act; or".
(3) Section 96(1) and (2) of the Principal Act as in
15
force after the commencement of this section
applies to and in respect of all weekly payments
payable to a worker on or after the
commencement of this section.
14. New section 98B inserted
20
After section 98A of the Principal Act insert--
"98B. Payment of compensation
(1) If an amount payable under section 98 in
respect of an injury exceeds $5000, that
amount, and any amount payable under
25
section 98A, must be paid by 60 equal
instalments in accordance with this section.
(2) The amount of each instalment is the amount
calculated in accordance with the formula--
AxF
30
60
where--
(a) A is--
9
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 14
Act No.
(i) if amounts are payable under
sections 98 and 98A, the sum of
those amounts; or
(ii) the amount payable under section
98 (if any); or
5
(iii) the amount payable under section
98A (if any)--
as the case requires.
(b) F is 1.2 or such other number, being not
less than 1, as is determined for the
10
time being by the Minister, by notice
published in the Government Gazette,
as the factor to be applied for the
purposes of this section.
(3) If the amount calculated under sub-section
15
(2) includes a fraction of a whole number,
the amount shall be deemed to have been
calculated in accordance with this section if
the calculation is made--
(a) if the amount is less than $1000, to the
20
nearest whole $1; or
(b) if the amount is $1000 or more, to the
nearest whole $10.
(4) In determining a factor for the purposes of
sub-section (2), the Minister must have
25
regard to prevailing interest rates.
(5) The payment of the first instalment of an
amount payable by instalments in
accordance with this section must be made
within 14 days after the amounts payable
30
under sections 98 and 98A are determined or
agreed and each subsequent instalment is
payable on the first day of each following
month and must be paid within 7 days.
10
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 14 Act No.
(6) A payment of an instalment may be made by
post by properly addressing, prepaying and
posting to the worker a letter containing a
cheque for the amount of the instalment.
(7) A payment of an instalment made in
5
accordance with sub-section (6) is deemed to
have been made when the letter was posted.
(8) The liability to a worker is not satisfied until
the worker receives the instalment.
(9) If the Authority, employer, authorised
10
insurer or self-insurer fails to make a
payment of an instalment before the end of
the period within which it is required by this
section to be made, the Authority, employer,
authorised insurer or self-insurer must pay
15
the instalment together with interest
calculated at the prescribed rate in respect of
the period beginning when the instalment
was first payable and ending on the day
before the payment was made.
20
(10) If a worker dies before all instalments
payable to the worker in accordance with
this section have been paid, an amount equal
to the sum of the outstanding instalments is
payable on application by the personal
25
representative of the worker.
(11) This section applies to the payment of
amounts under sections 98 and 98A if the
amount payable under section 98 is
determined or agreed on or after the
30
commencement of this section, irrespective
of when the injury occurred.".
11
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 15
Act No.
15. Compensation for medical and like services
(1) In section 99 of the Principal Act, for sub-sections
(2) and (2A) substitute--
'(2) In sub-section (1), "reasonable costs", in
relation to a service, burial or cremation
5
means an amount--
(a) that is determined by the Authority,
employer, authorised insurer or self-
insurer as a reasonable amount in
relation to that service, burial or
10
cremation; and
(b) that does not exceed the amount (if
any) specified in, or an amount
determined in accordance with a
method specified in, an Order of the
15
Governor in Council made on the
recommendation of the Authority and
published in the Government Gazette,
as the maximum amount of costs
payable in respect of a service of that
20
kind or a burial or cremation and which
maximum amount in the case of a
service must not be less than the
amount of the fee specified in a Table
within the meaning of the Health
25
Insurance Act 1973 of the
Commonwealth applicable in respect of
a service of that kind provided in
Victoria; and
(c) that is determined by the Authority,
30
employer, authorised insurer or self-
insurer as a reasonable cost of the
service, burial or cremation having
regard to--
12
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 16 Act No.
(i) the service or provision actually
rendered; and
(ii) the necessity of the service or
provision in the circumstances;
and
5
(iii) any guidelines issued by the
Authority in respect of services or
provision of that kind.
(2A) Guidelines issued by the Authority for the
purposes of sub-section (2)(d) apply in
10
relation to the cost of a service provided or a
burial or cremation carried out after the issue
of the Guidelines, irrespective of the date of
the injury.'.
(2) Section 99 of the Principal Act as amended by this
15
section applies in respect of services provided and
burials and cremations carried out on or after the
commencement of this section.
16. Amendment of section 99
After section 99(3) of the Principal Act insert--
20
"(3A) A worker shall be entitled to receive an
occupational rehabilitation service referred
to in sub-section (1)--
(a) if the Authority, employer, authorised
insurer or self-insurer offers or provides
25
that service from a provider approved
by the Authority, from that provider; or
(b) if the Authority, employer, authorised
insurer or self-insurer does not so offer
or provide, from a provider approved
30
by the Authority of the worker's
choice.".
17. New section 99AAA inserted
After section 99 of the Principal Act insert--
13
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 17
Act No.
"99AAA. Co-ordinated care programs
(1) The Authority, an authorised insurer or a
self-insurer may, in accordance with
guidelines issued by the Authority, by notice
in writing given to a worker with an injury
5
which entitles the worker to compensation,
require the worker to submit a proposal in
writing for a co-ordinated care program to
the Authority, authorised insurer or self-
insurer within a period specified in the notice
10
but not less than 28 days after the notice was
given.
(2) The proposal under sub-section (1)--
(a) must be prepared by a medical
practitioner nominated by the worker;
15
(b) must specify the medical, hospital,
nursing, personal and household,
occupational rehabilitation and
ambulance services that the medical
practitioner considers are required by
20
the worker because of the injury;
(c) must specify such details as the
Authority, authorised insurer or self-
insurer requests of the type and extent
of those services, or frequency of their
25
provision, or as are necessary to define
the proposal;
(d) may, subject to section 99(3A)(a),
specify the provider or providers who
are to provide those services.
30
(3) If a worker does not comply with a
requirement under sub-sections (1) and (2),
the Authority, authorised insurer or self-
insurer may appoint a medical practitioner to
14
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 17 Act No.
prepare a proposal in writing for a
co-ordinated care program which--
(a) specifies the medical, hospital, nursing,
personal and household, occupational
rehabilitation and ambulance services
5
that the medical practitioner considers
are required by the worker because of
the injury; and
(b) specifies such details as the Authority,
authorised insurer or self-insurer
10
requests of the type and extent of those
services, or frequency of their
provision, or as are necessary to define
the proposal;
(c) if the medical practitioner so
15
determines, may, subject to section
99(3A)(a), specify the provider or
providers who are to provide those
services.
(4) A proposal under sub-section (3) must be
20
submitted by the medical practitioner to the
Authority, authorised insurer or self-insurer
within the period specified by the Authority
or self-insurer when the medical practitioner
was appointed.
25
(5) For the purposes of preparing a proposal
under sub-section (3), the medical
practitioner--
(a) may require the worker to submit to
examinations by the medical
30
practitioner; and
(b) may require the worker and any
provider of a medical, hospital, nursing,
personal and household or occupational
rehabilitation service to the worker to
35
15
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
Act No.
provide to the medical practitioner
relevant information and documents.
16
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 17 Act No.
(6) If--
(a) a worker unreasonably fails to submit
to, or unreasonably obstructs, an
examination by a medical practitioner
appointed under sub-section (3); or
5
(b) a worker or provider of a service
unreasonably fails to comply with a
requirement of such a medical
practitioner under sub-section (5)(b)--
the Authority, employer, authorised insurer
10
or self-insurer is not liable to pay
compensation under section 99 in respect of
services received by the worker because of
the relevant injury, being services provided
after the failure or obstruction and before the
15
examination takes place or after the making
of the requirement and before it is met.
(7) The Authority, authorised insurer or self-
insurer must determine whether to approve,
or refuse to approve, a proposal for a co-
20
ordinated care program submitted under this
section and must give notice in writing to the
worker of its determination.
(8) The Authority, authorised insurer or self-
insurer must not make a determination under
25
sub-section (7) to refuse to approve a
proposal under sub-section (1) unless--
(a) the Authority, authorised insurer or
self-insurer has referred the proposal to
a medical practitioner (other than the
30
medical practitioner who prepared the
proposal or a medical practitioner who
is employed by the Authority,
authorised insurer or self-insurer (as the
case requires)); and
35
17
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 17
Act No.
(b) that medical practitioner, after
consultation with the medical
practitioner who prepared the proposal,
has made a recommendation that a
determination should be made to refuse
5
to approve the proposal.
(9) If the Authority, authorised insurer or self-
insurer refuses to approve a proposal under
sub-section (1), the Authority, employer,
authorised insurer or self-insurer is not liable
10
to pay compensation under section 99 in
respect of a service received by the worker
because of the relevant injury, being a
service provided after the refusal and, if a
later proposal for a co-ordinated care
15
program for that worker in respect of that
injury is approved, before that approval.
(10) If the Authority, authorised insurer or self-
insurer approves a proposal for a
co-ordinated care program, the Authority,
20
employer, authorised insurer or self-insurer
is not liable to pay compensation under
section 99 in respect of a service provided to
the worker on or after the date of that
approval in respect of the injury (whether the
25
injury occurred before or after the
commencement of section 17 of the
Accident Compensation (Further
Amendment) Act 1996) unless the service is
provided in accordance with the program.
30
(11) The Authority, authorised insurer or self-
insurer, on its own motion, or on the
application of the worker--
(a) may approve an alteration of a co-
ordinated care program approved under
35
this section if satisfied that the
alteration is necessary to improve the
18
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 18
21 Act No.
care and treatment provided to the
worker by the services;
(b) may cancel the co-ordinated care
program if satisfied that services are no
longer required to be provided to the
5
worker in respect of the injury in
accordance with the program.
(12) A co-ordinated care program under this
section ceases to have effect at the end of the
period for which it is approved or on 31
10
December 1998, whichever first occurs,
unless it is sooner cancelled.
(13) This section ceases to have effect on 1
January 1999.".
18. References to section 99AAA
15
In the Principal Act--
(a) in section 39(2)(a), after "99," insert
"99AAA,";
(b) in section 41, after "99," insert "99AAA,";
(c) in section 99AA(1), after "99," insert
20
"99AAA,".
19. Amendment of section 100
After section 100(6)(d) of the Principal Act,
insert--
"; or
25
(e) an amount of an instalment under section
98B.".
20. Amendment of section 104A
In section 104A of the Principal Act, for
"resolution of disputes in connection with"
30
substitute "determination of".
21. New division 10 inserted in Part IV
19
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
Act No.
After section 138 of the Principal Act insert--
'DIVISION 10--AGENCY
ARRANGEMENTS
138A. Arrangements between authorised insurer
and employer
5
(1) Subject to sub-section (2), an authorised
insurer and an employer may, in accordance
with any guidelines issued by the Authority,
enter into an arrangement in writing under
which the authorised insurer appoints the
10
employer as its agent in relation to the
carrying out of specified functions and
powers of the authorised insurer under the
provisions of this Act referred to in sub-
section (8).
15
(2) Sub-section (1) does not apply to an
authorised insurer if the Authority, by notice
in writing given to the authorised insurer,
determines that the authorised insurer may
not enter into arrangements under this
20
section.
(3) A copy of an arrangement under sub-section
(1) must be lodged with the Authority.
(4) An arrangement under sub-section (1)--
(a) comes into force on the date specified
25
in it or on the day on which a copy of it
is lodged with the Authority, whichever
is the later;
(b) continues in force until revoked by the
parties or terminated under this section
30
by the Authority.
(5) The Authority may, by notice in writing
given to the authorised insurer and the
employer--
20
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 22
23 Act No.
(a) vary; or
(b) terminate--
an arrangement entered into under this
section.
(6) An arrangement in force under this section
5
has effect according to its tenor.
(7) Nothing in this section, or in an arrangement
under this section, affects the liability of an
authorised insurer or employer under this
Act or the Accident Compensation
10
(WorkCover Insurance) Act 1993.
(8) For the purposes of sub-section (1), the
provisions of this Act are--
(a) the definitions of "medical service" and
"notional earnings" in section 5(1);
15
(b) sections 9 and 10;
(c) this Part, other than this Division and
sections 106, 108, 114D, 114F, 123,
127, 128(2), Divisions 6A and 6B,
sections 134, 135A, 135B and 138.'.
20
22. Indemnity by third party
In section 138(3)(b) of the Principal Act--
(a) for the formula substitute--
X
"[A - (B + C)] x ";
100
(b) after "the amount of damages" insert
25
"(disregarding the extent, if any, whereby
any other person's act, default or negligence
caused or contributed to the injury or
death)".
23. Approval as self-insurer
30
21
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
Act No.
(1) In section 141 of the Principal Act, for sub-section
(2) substitute--
"(2) A body corporate shall not make an
application under sub-section (1) unless it
satisfies the prescribed minimum
5
requirements as to financial strength and
viability.".
(2) In the Principal Act--
(a) sub-sections (4) and (5) of section 141 are
repealed;
10
(b) sub-section (2) of section 141A is repealed.
(3) After section 142B(3) of the Principal Act
insert--
"(3A) A partnership must not make an application
under sub-section (3) unless it satisfies the
15
prescribed minimum requirements as to
financial strength and viability.".
(4) Sub-sections (4) and (6) of section 142B of the
Principal Act are repealed.
24. Approval of self-insurers
20
(1) In the Principal Act--
(a) in section 142(1), for "the Minister may, on
the recommendation of the Authority"
substitute "the Authority may";
(b) in section 142A(1), for "the Minister may, on
25
the recommendation of the Authority"
substitute "the Authority may";
(c) in section 142C(1), for "the Minister may, on
the recommendation of the Authority"
substitute "the Authority may";
30
22
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 25 Act No.
(d) in section 144--
(i) for "Minister" substitute "Authority";
(ii) for "recommend that the Minister
refuse" substitute "refuse";
(e) in section 148(4), for "Minister may, on the
5
recommendation of the Authority, by Order"
substitute "Authority may";
(f) in section 148(5) for "Minister" substitute
"Authority";
(g) in section 149(1), for "Minister may, on the
10
recommendation of the Authority, by Order"
substitute "Authority may";
(h) in section 149(2), for "Minister" substitute
"Authority";
(i) in section 151(2) and (3)(b), for "Minister"
15
substitute "Authority".
(2) The Principal Act, as amended by this section,
applies in respect of all approvals, refusals and
revocations made on or after the commencement
of this section.
20
25. Penalties
In the Principal Act--
(a) in the penalty at the foot of section 155(1),
for "10" substitute "100";
(b) in the penalty at the foot of section 242A, for
25
"10" substitute "100";
(c) in the penalty at the foot of section 243(1),
for "10" substitute "100";
(d) in the penalty at the foot of section 244(1),
for "10" substitute "100".
30
23
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26
Act No.
26. New Part VIIA inserted
After section 164 of the Principal Act insert--
'PART VIIA--PROHIBITED CONDUCT
RELATING TO TOUTING FOR CLAIMS
179. Definitions
5
(1) In this Part--
"agent" means a person who acts, or holds
himself or herself out as willing to act,
as agent for a person for fee or reward
in connection with a claim, but does not
10
(unless the regulations otherwise
provide) include a legal practitioner;
"claim" means a claim for compensation
under this Act;
"prohibited conduct" has the same
15
meaning as in section 180;
"protected claim" means--
(a) a claim under section 98 for loss
of hearing; and
(b) any other claim that is declared by
20
the regulations to be a protected
claim for the purposes of this
section.
(2) Each of the following activities is considered
to constitute acting as agent for a person in
25
connection with a claim--
(a) advising the person with respect to the
making of a claim;
(b) assisting the person to complete or
prepare, or completing or preparing on
30
behalf of the person, any form,
24
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26 Act No.
correspondence or other document
concerning a claim;
(c) making arrangements for any test or
medical examination or medical
certificate to determine the person's
5
entitlement to compensation;
(d) arranging referral of the person to a
legal practitioner for the performance
of legal work in connection with a
claim;
10
(e) any prescribed activity.
(3) The regulations may provide that persons
who engage in specified activities are not to
be regarded as agents for the purposes of this
Part.
15
180. Prohibited conduct by agents
(1) The following conduct by an agent is
prohibited conduct for the purposes of this
Part--
(a) making a statement to a person,
20
knowing that the statement is false or
misleading in a material particular, for
the purpose of encouraging the person
or any other person to make a protected
claim and to use (in connection with the
25
protected claim) the services of the
agent or of some other person from
whom the agent receives any payment
in connection with the protected claim;
(b) using information obtained by the agent
30
in connection with a claim to contact
any other person for the purpose of
encouraging that other person to make a
protected claim and to use (in
connection with the protected claim)
35
25
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26
Act No.
the services of the agent or of some
other person from whom the agent
receives any payment in connection
with the protected claim;
(c) seeking to obtain information from a
5
client of the agent for the purpose of
using that information as described in
paragraph (b);
(d) inducing or attempting to induce a
client of the agent to encourage any
10
other person to make a claim (whether
or not it is a protected claim) and to use
(in connection with the claim) the
services of the agent or of some other
person from whom the agent receives
15
any payment in connection with the
claim;
(e) making any unsolicited contact by
telephone, personal approach or other
prescribed means with a person who is
20
not a client of the agent, for the purpose
of encouraging the person to make a
protected claim and to use (in
connection with the protected claim)
the services of the agent or of some
25
other person from whom the agent
receives any payment in connection
with the protected claim;
(f) such other conduct as is prescribed by
the regulations as prohibited conduct
30
for the purposes of this section.
(2) The regulations may specify circumstances
in which conduct that would otherwise be
prohibited conduct under sub-section (1) is
not to be regarded as prohibited conduct for
35
the purposes of this Part.
26
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26 Act No.
(3) For the purposes of this Part any conduct
engaged in by a person on behalf of an agent,
or that an agent has caused or procured the
person to engage in, is taken to have been
engaged in by the agent.
5
181. Offence of engaging in prohibited conduct
An agent must not engage in prohibited
conduct.
Penalty: For a first offence, 20 penalty
units.
10
For a second or subsequent
offence, 50 penalty units.
182. Consequences of prohibited conduct for
recovery of fees by agents
(1) An agent is not entitled to recover from a
15
person any fees, costs or other charges that
would otherwise be payable by the person in
connection with services made use of by the
person if the services were made use of as a
result of prohibited conduct engaged in by
20
the agent, regardless of whether the agent
has been proceeded against or convicted for
an offence in respect of that prohibited
conduct.
(2) If prohibited conduct engaged in by an agent
25
involved encouraging a person to make use
of services and the person makes use of
those services after the conduct is engaged
in, it is to be presumed for the purposes of
this section that the services were made use
30
of as a result of that prohibited conduct,
unless the agent concerned establishes
otherwise.
(3) If the services of an agent were made use of
as a result of prohibited conduct engaged in
35
27
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26
Act No.
by the agent in connection with a claim
under section 98 for loss of hearing, it is to
be presumed for the purposes of this section
that any services of the agent made use of in
connection with a subsequent claim for
5
further loss of hearing made by the same
worker (whether or not made against the
same employer) were made use of as a result
of prohibited conduct engaged in by the
agent, unless the agent concerned establishes
10
otherwise.
(4) A person who has paid any amount in
respect of fees, costs or other charges to an
agent that the agent would not have been
entitled to recover because of this section is
15
entitled to recover the amount from the agent
as a debt in a court of competent jurisdiction.
183. Consequences of prohibited conduct for
legal practitioners
(1) A legal practitioner who acts for a person on
20
a claim must not include in any bill given to
the person, and must not otherwise seek to
recover from the person, any amount by way
of disbursements for fees paid to an agent in
connection with referral of the person to the
25
legal practitioner by the agent if the legal
practitioner knows or has reasonable cause to
suspect that the agent engaged in prohibited
conduct that involved encouraging the
person to make the claim, regardless of
30
whether the agent has been proceeded
against or convicted for an offence in respect
of that prohibited conduct.
Penalty: For a first offence, 20 penalty
units.
35
For a second or subsequent
offence, 50 penalty units.
28
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26 Act No.
(2) A legal practitioner who acts for a person on
a claim is not entitled to recover from any
person any amount by way of disbursements
for fees paid to an agent in connection with
the claim if the claim was made as a result of
5
prohibited conduct engaged in by the agent,
regardless of whether the agent has been
proceeded against or convicted for an
offence in respect of that prohibited conduct.
(3) If prohibited conduct engaged in by an agent
10
involved encouraging a person to make a
claim and the person makes a claim after the
conduct is engaged in, it is to be presumed
for the purposes of sub-section (2) that the
claim was made as a result of that prohibited
15
conduct unless the legal practitioner
establishes otherwise.
(4) If a claim under section 98 for loss of
hearing was made as a result of prohibited
conduct engaged in by an agent, it is to be
20
presumed for the purposes of sub-section (2)
that any subsequent claim for further loss of
hearing made by the same worker (whether
or not made against the same employer) in
connection with which that agent performed
25
any service was made as a result of
prohibited conduct engaged in by that agent,
unless the legal practitioner concerned
establishes otherwise.
(5) A person who has paid any amount in
30
respect of disbursements to a legal
practitioner that the legal practitioner would
not have been entitled to recover because of
sub-section (2) is entitled to recover the
amount from the legal practitioner as a debt
35
in a court of competent jurisdiction.
29
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26
Act No.
184. Legal practitioner and agents can be
requested to certify as to prohibited conduct
(1) If the Authority, an authorised insurer,
employer or self-insurer is liable to pay a
legal practitioner or agent any fees, costs or
5
other charges incurred in connection with a
protected claim made by a person, the
Authority, authorised insurer, employer or
self-insurer is entitled to request (in writing)
the legal practitioner or agent to provide a
10
certificate under this section about the claim
(unless the legal practitioner or agent has
already provided it).
(2) A certificate under this section is a certificate
that to the best of the legal practitioner's or
15
agent's knowledge, no agent has engaged in
prohibited conduct that involved
encouraging that person to make the claim or
any previous claim, except as may be
disclosed in the certificate.
20
(3) If a certificate is requested--
(a) the legal practitioner or agent is not
entitled to be paid by or recover from
the Authority, employer, authorised
insurer or self-insurer any fees, costs or
25
other charges incurred in connection
with the claim concerned until the
certificate is provided (even if the fees,
costs or other charges are payable
under an award or order of a court); and
30
(b) no interest that might otherwise be
payable on those fees, costs or other
charges is payable for the period from
when the certificate is requested until it
is provided (despite any order or award
35
30
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26 Act No.
of a court for the payment of that
interest).
(4) A legal practitioner or agent can provide the
Authority, an authorised insurer, employer or
self-insurer with a certificate under this
5
section even if the Authority, authorised
insurer or self-insurer has not requested it.
(5) A legal practitioner or agent who gives a
certificate under this section about a claim
made by a person is guilty of an offence if
10
the legal practitioner or agent--
(a) knew or had reasonable cause to
suspect that an agent had engaged in
prohibited conduct that involved
encouraging the person to make the
15
claim; and
(b) did not disclose that fact in the
certificate.
Penalty applying to this sub-section: For a
first offence, 20 penalty units.
20
For a second or subsequent offence, 50
penalty units.
185. Power to restrict or ban recovery of costs by
agents who engage in prohibited conduct
(1) The Authority may by notification given to
25
authorised insurers and self-insurers direct
that an agent specified in the notification is
not entitled to recover any fees, costs or
other charges in connection with any claims
or in connection with a class of claims
30
specified in the notification, or is not so
entitled unless specified conditions have
been complied with.
(2) Such a notification cannot be given unless
the Authority is satisfied that--
35
31
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26
Act No.
(a) the agent has persistently engaged in
conduct that constitutes or may
constitute a contravention of section
181; or
(b) in the case of an agent that is a
5
corporation, a director of the
corporation or other person concerned
in the management of the corporation
has persistently engaged in any such
conduct.
10
(3) Before the Authority gives such a
notification, it must give the agent a
reasonable opportunity to make written
submissions to the Authority on the matter.
(4) The effect of a notification under this section
15
is that the agent specified in the notification
is not entitled to recover fees, costs or other
charges (as provided by the notification) in
respect of services performed while the
notification is in force.
20
(5) An agent aggrieved by a notification under
this section may apply to the Administrative
Appeals Tribunal for review of the decision
to give the notification.
(6) A notification remains in force until it is
25
withdrawn and may be withdrawn at any
time by the Authority by giving notice of
withdrawal in writing to authorised insurers
and self-insurers and to the agent to whom it
applies.
30
186. Power to restrict or ban agents who engage
in prohibited conduct
(1) The Authority may by direction in writing
given to an agent prohibit either absolutely
or in specified circumstances the agent from
35
32
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 26 Act No.
acting for any person in connection with any
claims or in connection with specified types
of claims.
(2) Such a direction must not be given unless--
(a) the Authority is satisfied that the agent
5
concerned has persistently engaged in
conduct that constitutes or may
constitute a contravention of section
181(5) and as a result is not a fit and
proper person to act in connection with
10
claims to which the direction relates;
and
(b) the Authority has given the agent a
reasonable opportunity to make written
submission to the Authority on the
15
matter.
(3) An agent must not act in contravention of a
direction given under this section.
Penalty: 200 penalty units.
(4) An agent who acts in contravention of a
20
direction given under this section is not
entitled to recover any fees, costs or other
charges from a person for anything done by
the agent in contravention of the direction.
(5) A person aggrieved by a direction under this
25
section may apply to the Administrative
Appeals Tribunal for review of the decision
to give the direction.
(6) A direction remains in force until it is
withdrawn and may be withdrawn at any
30
time by the Authority by giving written
notice of withdrawal to the agent concerned.
33
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 27
Act No.
187. Past conduct included in assessing
persistent conduct
(1) A reference in sections 185 and 186 to
conduct that constitutes or may constitute a
contravention of section 181 includes a
5
reference to conduct engaged in by a person
before the commencement of section 26 of
the Accident Compensation (Further
Amendment) Act 1996 that, if engaged in
after that commencement, would have
10
constituted a contravention of the provision.
(2) A person cannot be considered to have
persistently engaged in conduct that
constitutes or may constitute a contravention
of section 181 unless at least one instance of
15
that conduct occurred after the
commencement of this section.
188. Duty of claimants to comply with requests
for information about agents and legal
practitioners
20
(1) A person who makes a protected claim must
comply with a request from the Authority,
authorised insurer or self-insurer concerned
for information as to whether the person
made use of the services of an agent or legal
25
practitioner in respect of the claim and how
the person came to make use of those
services.
(2) The regulations may make provision for
limiting the operation of this section with
30
respect to legal practitioners.'.
27. Warrants to enter search
In section 240A(1) of the Principal Act, for "are
being contravened" substitute "are being or have
been contravened".
35
34
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 28 Act No.
28. Secrecy
After section 243(2)(aa) of the Principal Act
insert--
"(ab) producing a document or divulging
information to a medical practitioner
5
nominated or appointed under section
99AAA to prepare a proposal for a co-
ordinated care program;".
29. Institution of prosecutions
After section 252(1)(d) of the Principal Act
10
insert--
"(da) any provision of Part VIIA may be filed in
the name of the Authority by the Authority
or a person authorised by the Authority to
file charges on behalf of the Authority;".
15
30. Supreme Court-limitation of jurisdiction
(1) In section 63(1)(d) of the Accident
Compensation (WorkCover) Act 1992 after
"1996" insert "and as amended by section 11 of
the Accident Compensation (Further
20
Amendment) Act 1996".
(2) In section 85(9) of the Constitution Act 1975
after "1996" insert "and as amended by section
30 of the Accident Compensation (Further
Amendment) Act 1996".
25
_______________
35
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 31
Act No.
PART 3--AMENDMENT OF OTHER ACTS
31. Section 18 substituted
For section 18 of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute--
"18. Estimate of rateable remuneration
5
(1) If--
(a) an employer receives a notice from an
authorised insurer with which the
employer holds, or to which the
employer has applied for the issue of, a
10
WorkCover insurance policy; and
(b) the notice includes an estimate of
rateable remuneration that the employer
will be liable to pay to workers during
the period not exceeding 12 months
15
specified in the notice--
the estimate is deemed for the purposes of
this Act to be the estimate provided by the
employer unless the employer, within 28
days after receiving the notice, or such
20
longer period as may be specified in the
notice, provides to the authorised insurer
another estimate of rateable remuneration in
a form approved by the Authority which the
employer estimates that the employer will be
25
liable to pay to workers during the period
referred to in paragraph (b).
(2) If--
(a) an employer receives a notice from an
authorised insurer with which the
30
employer holds, or to which the
employer has applied for the issue of, a
WorkCover insurance policy; and
36
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 32 Act No.
(b) the notice does not include an estimate
of rateable remuneration referred to in
sub-section (1)(b)--
the employer must, within 28 days after
receiving the notice, or such longer period as
5
is specified in the notice, provide to the
authorised insurer an estimate of rateable
remuneration in a form approved by the
Authority which the employer estimates that
the employer will be liable to pay to workers
10
during the period not exceeding 12 months
specified in the notice.
Penalty: 20 penalty units.".
32. Amendment of Accident Compensation (WorkCover
Insurance) Act 1993
15
After section 22 of the Accident Compensation
(WorkCover Insurance) Act 1993 insert--
"22A. Reduction of premium where Division 10
agreement entered into
If an arrangement under Division 10 of Part
20
IV of the Accident Compensation Act 1985
is in force between an authorised insurer and
an employer, the authorised insurer may, in
accordance with guidelines issued by the
Authority, reduce the premium payable by
25
the employer for a WorkCover insurance
policy by an amount not exceeding the
amount, or an amount calculated by a
method, determined by the Authority.".
33. Accident Compensation (Occupational Health and
30
Safety) Act 1996
After section 2(3) of the Accident Compensation
(Occupational Health and Safety) Act 1996
insert--
37
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 34
Act No.
"(4) The day fixed by proclamation for the
commencement of the remaining provisions
of this Act is 2 July 1996.".
34. Amendment of Transport Accident Act 1986
In section 3(1) of the Transport Accident Act
5
1986, for the definition of "reasonable"
substitute--
' "reasonable", in respect of costs, expenses or
fees of a service or provision means
reasonable having regard to--
10
(a) costs, expenses or fees determined by
the Commission as a reasonable
amount in relation to that service or
provision; and
(b) the amount (if any) specified in, or an
15
amount determined in accordance with
a method specified in, an Order of the
Governor in Council made on the
recommendation of the Commission
and published in the Government
20
Gazette, as the maximum amount of
costs, expenses or fees payable in
respect of that service or provision,
which maximum amount must not be
less than the amount of the fee
25
specified in a Table within the meaning
of the Health Insurance Act 1973 of the
Commonwealth applicable in respect of
a service or provision of that kind
provided in Victoria; and
30
(c) the determination by the Commission
of reasonable costs or expenses of, or
fees for, the service or provision having
regard to--
38
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
s. 35 Act No.
(i) the service or provision actually
rendered; and
(ii) the necessity of the service or
provision, or of the incurring of
the expense, in the
5
circumstances.'.
35. New section 46B
After section 46A of the Transport Accident Act
1986 insert--
"46B. Assessment of impairment
10
(1) In determining a degree of impairment of a
person, regard must not be had to any
psychiatric or psychological injury,
impairment or symptoms arising as a
consequence of, or secondary to, a physical
15
injury.
(2) Sub-section (1) applies to a determination of
a degree of impairment under this Act made
on or after the commencement of section 35
of the Accident Compensation (Further
20
Amendment) Act 1996, other than a
determination made by the Administrative
Appeals Tribunal in respect of an application
for review under section 77 of this Act made
before that commencement.".
25
39
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Accident Compensation (Further Amendment) Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
40
531080B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
[Index] [Search] [Download] [Related Items] [Help]