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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Accident Compensation and Transport Accident
Acts (Ombudsman) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Insertion of section 21A 2
21A. Investigation of certain delegates by Ombudsman 2
4. Insertion of section 23AA 3
23AA. Investigation of authorised agent by Ombudsman 3
5. Additional ground for payments out of the WorkCover
Authority Fund 4
6. Insertion of section 153 5
153. Investigation of self-insurer by Ombudsman 5
7. Additional ground for payments out of the Transport Accident
Fund 6
ENDNOTES 7
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551320B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Accident Compensation Act 1985 and the Transport
Accident Act 1986 and for other purposes.
Accident Compensation and Transport
Accident Acts (Ombudsman) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is--
(a) to amend the Accident Compensation
Act 1985--
(i) to ensure that the Ombudsman can
5
enquire into and investigate the
administrative actions of authorised
agents and self-insurers under that Act,
1
551320B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Accident Compensation and Transport Accident Acts
(Ombudsman) Act 2005
s. 2
Act No.
and of certain delegates of the Victorian
WorkCover Authority; and
(ii) to enable payments to be made from the
WorkCover Authority Fund to the
Consolidated Fund in respect of
5
enquiries and investigations by the
Ombudsman; and
(b) to amend the Transport Accident Act 1986
to enable payments to be made from the
Transport Accident Fund to the Consolidated
10
Fund in respect of enquiries and
investigations by the Ombudsman.
2. Commencement
(1) This Act, other than sections 3, 4 and 6, comes
into operation on the day after the day on which it
15
receives the Royal Assent.
(2) Sections 3, 4 and 6 come into operation on
1 October 2005.
3. Insertion of section 21A
See: After section 21 of the Accident Compensation
20 Act No.
Act 1985 insert--
10191.
Reprint No. 13
'21A. Investigation of certain delegates by
as at
21 December
Ombudsman
2004
and
(1) The Ombudsman may enquire into or
amending
investigate--
25 Act Nos
60/1996,
(a) any administrative action of a person as
107/1997,
95/2003,
a delegate of the Authority in
102/2004,
administering claims under the
107/2004 and
108/2004.
Workers Compensation Act 1958;
LawToday:
and
www.dms.
30
dpc.vic.
gov.au
2
551320B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Accident Compensation and Transport Accident Acts
(Ombudsman) Act 2005
s. 4
Act No.
(b) any matter relating to such an
administrative action.
Note: Under the Ombudsman Act 1973, an
"administrative action" is defined as including,
5 among other things, a refusal or failure to take
a decision, or to perform an act. As a result of
sub-section (2), this definition applies to
references to administrative actions in this sub-
section.
(2) For the purposes of sub-section (1), the
10
Ombudsman Act 1973 applies as if--
(a) the delegate was a public statutory body
within the meaning of that Act; and
(b) the delegate, or if the delegate is a body
corporate, the senior executive officer
15
of the delegate (by whatever title he or
she is known), was the principal officer
of that public statutory body; and
(c) a reference to the responsible Minister
in sections 17 and 23(3) of that Act was
20
a reference to the Minister responsible
for administering this section.'.
4. Insertion of section 23AA
After section 23 of the Accident Compensation
Act 1985 insert--
25
'23AA. Investigation of authorised agent by
Ombudsman
(1) The Ombudsman may enquire into or
investigate--
(a) any administrative action of an
30
authorised agent in its capacity as an
authorised agent under this Act; and
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551320B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Accident Compensation and Transport Accident Acts
(Ombudsman) Act 2005
s. 5
Act No.
(b) any matter relating to such an
administrative action.
Note: Under the Ombudsman Act 1973, an
"administrative action" is defined as including,
5 among other things, a refusal or failure to take
a decision, or to perform an act. As a result of
sub-section (2), this definition applies to
references to administrative actions in this sub-
section.
(2) For the purposes of sub-section (1), the
10
Ombudsman Act 1973 applies as if--
(a) the authorised agent was a public
statutory body within the meaning of
that Act; and
(b) the senior executive officer of the
15
authorised agent (by whatever title he
or she is known) was the principal
officer of that public statutory body;
and
(c) a reference to the responsible Minister
20
in sections 17 and 23(3) of that Act was
a reference to the Minister responsible
for administering this section.'.
5. Additional ground for payments out of the
WorkCover Authority Fund
25
After section 32(4)(a) of the Accident
Compensation Act 1985 insert--
"(b) payments to the Consolidated Fund of
amounts certified by the Treasurer, after
consultation with the Minister, representing
30
the costs incurred, or to be incurred, annually
by the Ombudsman in enquiring into or
investigating administrative actions (as
defined by the Ombudsman Act 1973) of
the Authority, of authorised agents and self-
35
insurers under this Act and of delegates in
4
551320B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Accident Compensation and Transport Accident Acts
(Ombudsman) Act 2005
s. 6
Act No.
administering claims under the Workers
Compensation Act 1958;".
6. Insertion of section 153
After section 152 of the Accident Compensation
Act 1985 insert--
5
'153. Investigation of self-insurer by
Ombudsman
(1) The Ombudsman may enquire into or
investigate--
(a) any administrative action of a self-
10
insurer in its capacity as a self-insurer
under this Act; and
(b) any matter relating to an administrative
action.
15 Note: Under the Ombudsman Act 1973, an
"administrative action" is defined as including,
among other things, a refusal or failure to take
a decision, or to perform an act. As a result of
sub-section (2), this definition applies to
20 references to administrative actions in this sub-
section.
(2) For the purposes of sub-section (1), the
Ombudsman Act 1973 applies as if--
(a) the self-insurer was a public statutory
body within the meaning of that Act;
25
and
(b) the senior executive officer of the self-
insurer (by whatever title he or she is
known) was the principal officer of that
public statutory body; and
30
(c) a reference to the responsible Minister
in sections 17 and 23(3) of that Act was
a reference to the Minister responsible
for administering this section.'.
5
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Accident Compensation and Transport Accident Acts
(Ombudsman) Act 2005
s. 7
Act No.
7. Additional ground for payments out of the
Transport Accident Fund
After section 27(3)(f) of the Transport Accident
Act 1986 insert--
"(fa) payments to the Consolidated Fund of
5
amounts certified by the Treasurer, after
consultation with the Minister, representing
the costs incurred, or to be incurred, annually
by the Ombudsman in enquiring into or
investigating administrative actions (as
10
defined by the Ombudsman Act 1973) of
the Commission;".
6
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Accident Compensation and Transport Accident Acts
(Ombudsman) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551320B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
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