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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Accident Compensation Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Amendment of section 151--Provisions to apply where body
corporate ceases to be self-insurer 2
4 Amendment of section 172--Provision of guarantees 3
5 Amendment of section 242--Failure to comply with Part VIA 4
6 Amendment of section 252--Institution of prosecutions 5
7 Repeal of Act 5
ENDNOTES 6
561041B.I-22/5/2007 i BILL LA INTRODUCTION 22/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Accident Compensation Amendment
Bill 2007
A Bill for an Act to amend the Accident Compensation Act 1985 and
for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Accident
Compensation Act 1985 to improve the
effectiveness of the provisions relating to self-
5 insurers and non-WorkCover employers.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561041B.I-22/5/2007 1 BILL LA INTRODUCTION 22/5/2007
Accident Compensation Amendment Bill 2007
s. 3
3 Amendment of section 151--Provisions to apply
where body corporate ceases to be self-insurer
See: (1) For section 151(1) of the Accident
Act No.
10191. Compensation Act 1985 substitute--
Reprint No. 14
5 as at "(1) If a body corporate ceases to be a self-insurer
26 July 2006
and
on or after the commencement of section 3
amending of the Accident Compensation
Act Nos
107/1997,
Amendment Act 2007, the Authority
95/2003, assumes the liability in respect of the
97/2005,
10 24/2006,
assessed liability within the meaning of
69/2006 and section 146, being the liability that the body
80/2006.
LawToday:
corporate would have had if the body
www. corporate had continued to be a self-insurer
legislation.
vic.gov.au
in respect of injuries or deaths incurred or
15 suffered by workers employed by the body
corporate or its subsidiaries and which
entitled a worker or a worker's dependants to
compensation (whether under this Act, at
common law or otherwise) and whether or
20 not a claim for compensation has been
made.".
(2) For section 151(2) of the Accident
Compensation Act 1985 substitute--
"(2) If a body corporate has made an election to
25 retain liability under subsection (1) as in
force before the commencement of section 3
of the Accident Compensation
Amendment Act 2007, the Authority may
by notice published in the Government
30 Gazette declare that the body corporate has
ceased to be liable for the assessed liability
to pay compensation under this Act and,
upon the publication of the notice, the
Authority assumes the liability referred to in
35 subsection (1).".
561041B.I-22/5/2007 2 BILL LA INTRODUCTION 22/5/2007
Accident Compensation Amendment Bill 2007
s. 4
4 Amendment of section 172--Provision of guarantees
(1) In section 172(1) of the Accident Compensation
Act 1985 after "there is in force" insert ", until the
date a payment if required under section 171 is
5 made or, if no payment is required, until the date
which is 28 days after the notice of revised
assessment is received under section 171,".
(2) After section 172(1) of the Accident
Compensation Act 1985 insert--
10 "(1A) If a non-WorkCover employer receives a
notice of assessment of tail claims liabilities
under section 169, the non-WorkCover
employer may, with the approval of the
Authority, provide a new guarantee in a form
15 approved by the Authority in lieu of a
guarantee in force under subsection (1), to
continue in force until the date a payment if
required under section 171 is made or, if no
payment is required, until the date which is
20 28 days after the notice of revised
assessment is received under section 171.".
(3) After section 172(2) of the Accident
Compensation Act 1985 insert--
"(3) For the purpose of any proceeding
25 commenced by the Authority to recover
under a guarantee under this section, a
certificate purporting to be signed by an
officer or employee of the Authority
certifying that--
30 (a) an event referred to in subsection (2)(a)
or (2)(b) and specified in the certificate
has occurred; and
561041B.I-22/5/2007 3 BILL LA INTRODUCTION 22/5/2007
Accident Compensation Amendment Bill 2007
s. 5
(b) the Authority has suffered a loss of the
amount specified in the certificate as a
result of that event occurring--
is evidence of the matters stated in the
5 certificate and, in the absence of evidence to
the contrary, is proof of those matters.
(4) This section as amended by section 4 of the
Accident Compensation Amendment Act
2007 applies to an employer who is a non-
10 WorkCover employer irrespective of
whether the employer became a non-
WorkCover employer before, on or after the
commencement of the Accident
Compensation Amendment Act 2007.".
15 5 Amendment of section 242--Failure to comply with
Part VIA
After section 242(8) of the Accident
Compensation Act 1985 insert--
"(9) A non-WorkCover employer must not fail to
20 comply with a provision of Part VIA.
(10) A non-WorkCover employer who
contravenes subsection (9) is guilty of an
offence against this Act and liable to a
penalty of not more than 120 penalty units
25 and in the case of a continuing offence to a
daily penalty of 60 penalty units for each day
the contravention continues after a finding of
guilt in relation to that offence.
(11) For the purposes of subsection (10), an
30 offence is a continuing offence if a non-
WorkCover employer continues to fail to
comply with a provision of Part VIA after
the non-WorkCover employer is found guilty
of contravening subsection (9) in respect of
35 that provision.
561041B.I-22/5/2007 4 BILL LA INTRODUCTION 22/5/2007
Accident Compensation Amendment Bill 2007
s. 6
(12) This section as amended by section 5 of the
Accident Compensation Amendment Act
2007 applies to an employer who is a non-
WorkCover employer irrespective of
5 whether the employer became a non-
WorkCover employer before, on or after the
commencement of the Accident
Compensation Amendment Act 2007.".
6 Amendment of section 252--Institution of
10 prosecutions
In section 252(4)(a) of the Accident
Compensation Act 1985 after "242(5)," insert
"242(9), 242(10)".
7 Repeal of Act
15 This Act is repealed on the first anniversary of its
commencement.
561041B.I-22/5/2007 5 BILL LA INTRODUCTION 22/5/2007
Accident Compensation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561041B.I-22/5/2007 6 BILL LA INTRODUCTION 22/5/2007
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