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PARLIAMENT OF VICTORIA
Accident Compensation (Further Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New section 138 AA inserted in Accident Compensation Act
1985 2
138AA. Third party recovery actions only with Ministerial
approval 2
ENDNOTES 3
i
551PM1B.I1-19/7/2005 BILL LC INTRODUCTION 19/7/2005
PARLIAMENT OF VICTORIA
Initiated in Council on by the Hon. Bill Forwood
A BILL
to amend the Accident Compensation Act 1985 and for other
purposes
Accident Compensation (Further
Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Accident
Compensation Act 1985 to provide for the
Minister to have the power to determine which
cases to pursue a legal liability from a third party
5
to pay damages, the prevention of delegation of
that power and the reporting of such cases
annually to the Parliament.
1
551PM1B.I1-19/7/2005 BILL LC INTRODUCTION 19/7/2005
Accident Compensation (Further Amendment) Act 2005
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
3. New section 138 AA inserted in Accident
Compensation Act 1985
5
After section 138 of the Accident Compensation
Act 1985 insert--
"138AA. Third party recovery actions only with
Ministerial approval
(1) An action to recover any amount from a third
10
party under the indemnity in section 138(1)
cannot be commenced without the prior
written approval of the Minister.
(2) The Minister cannot delegate his or her
power of approval under sub-section (1).
15
(3) The Authority must include in its report of
operations under Part 7 of the Financial
Management Act 1994 in respect of each
financial year full details of any approvals
given by the Minister under sub-section (1)
20
during that year.
(4) The Minister must give the Authority any
information the Authority reasonably
requires in order to comply with its reporting
obligation under sub-section (3).".
25
2
551PM1B.I1-19/7/2005 BILL LC INTRODUCTION 19/7/2005
Accident Compensation (Further Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
3
551PM1B.I1-19/7/2005 BILL LC INTRODUCTION 19/7/2005
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