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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Accident Compensation (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
PART 2--AMENDMENT OF ACCIDENT COMPENSATION
(WORKCOVER INSURANCE) ACT 1993 3
3. Purpose 3
1. Purpose 3
4. Definitions 3
5. Compulsory WorkCover insurance 4
6. WorkCover insurance policy 4
7. Sections 10 and 11 substituted 5
10. Issue and renewal of WorkCover insurance policies 5
8. Evidence that employer has WorkCover insurance policy 6
9. Employer ceasing to exist 6
10. Premiums order 6
11. Rateable remuneration and premiums 6
12. Licensing provisions 8
13. Section 42 substituted 8
42. Payment of premiums 8
14. Funds and Scheme 9
15. Amendment of section 63 9
16. Section 64 substituted 9
64. Transfer of rights, obligations and liabilities 9
17. Recovery of premium or penalty 10
18. New Part 7 inserted 10
PART 7--SAVING AND TRANSITIONAL 10
73. Authority is successor in law 10
74. Transitional provisions 10
75. Cancellation of licences 12
76. Re-insurance arrangements 13
77. Supreme Court--limitation of jurisdiction 13
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532102B.I1-7/10/98
Clause Page
PART 3--AMENDMENT OF ACCIDENT COMPENSATION ACT
1985 14
19. Consequential amendments 14
20. Functions and powers of the Authority 15
23A. Existing authorised insurers 16
21. WorkCover Authority Fund 18
22. Dispute resolution 19
23. Payment of Compensation 20
24. Settlements 22
25. Other compensation provisions 22
26. General provisions 24
PART 4--MISCELLANEOUS AMENDMENTS 26
27. Medical panels 26
28. Amendment of section 93C 26
29. Co-ordinated care programs 27
30. Settlements 27
31. Self-insurers 27
143A. Claims management 27
32. Amendment to unproclaimed provisions 28
33. Amendments in relation to Petroleum Act 1998 28
34. Statute law revision 28
35. Incorrect amendments repealed 29
NOTES 30
ii
532102B.I1-7/10/98
s. 2
PARLIAMENT OF VICTORIA
A BILL
to amend the Accident Compensation (WorkCover Insurance) Act
1993 and the Accident Compensation Act 1985 and for other
purposes.
Accident Compensation (Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Accident
Compensation (WorkCover Insurance) Act
5 1993 and the Accident Compensation Act 1985
and certain other Acts.
2. Commencement
1
532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
Act No.
(1) Part 1 and Part 4 (other than sections 29(2), 32
and 35) and section 20(5) come into operation on
the day on which this Act receives the Royal
Assent.
5 (2) Section 35 is deemed to have come into operation
on 26 May 1998.
(3) Subject to sub-section (4), Parts 2 and 3 (other
than section 20(5)) and section 32 come into
operation on a day to be proclaimed.
10 (4) If a provision referred to in sub-section (3) does
not come into operation before 30 June 1999, it
comes into operation at 4 p.m. on 30 June 1999.
(5) Section 29(2) comes into operation on a day to be
proclaimed being a day on or after 1 July 2000 but
15 before 31 December 2000.
(6) If section 29(2) does not come into operation
before 31 December 2000, it is repealed on
31 December 2000.
_______________
20
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Accident Compensation (Amendment) Act 1998
s. 3
Act No.
PART 2--AMENDMENT OF ACCIDENT COMPENSATION
(WORKCOVER INSURANCE) ACT 1993
3. Purpose
For section 1 of the Accident Compensation
5 (WorkCover Insurance) Act 1993 substitute--
"1. Purpose
The purpose of this Act is to provide for
compulsory WorkCover insurance for
employers under WorkCover insurance
10 policies and the payment of premiums for
WorkCover insurance policies.".
4. Definitions
In section 3(1) of the Accident Compensation
(WorkCover Insurance) Act 1993--
15 (a) for the definition of "authorised insurer"
substitute--
' "authorised insurer" means an insurer
who was the holder of a licence under
Part 3 as in force immediately before
20 the commencement of Part 2 of the
Accident Compensation
(Amendment) Act 1998;
"authorised agent" has the same meaning
as it has in section 5(1) of the Accident
25 Compensation Act 1985;'.
(b) in the definition of "former authorised
insurer" for "or suspension" substitute
", suspension or operation of law";
(c) in the definition of "policy period" omit "by
30 an authorised insurer in accordance with
guidelines issued";
3
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s. 5
Act No.
(d) the definition of "statutory fund" is
repealed;
(e) in the definition of "WorkCover insurance
policy" omit "by an authorised insurer".
5 5. Compulsory WorkCover insurance
(1) In section 7(1)(a) of the Accident Compensation
(WorkCover Insurance) Act 1993 for "an
authorised insurer" substitute "the Authority".
(2) In section 7(4A) of the Accident Compensation
10 (WorkCover Insurance) Act 1993 omit "with
the authorised insurer of the Department of
Education".
(3) In section 7(4C) of the Accident Compensation
(WorkCover Insurance) Act 1993 omit "with
15 the authorised insurer of the Transport Accident
Commission".
(4) After section 7(7) of the Accident Compensation
(WorkCover Insurance) Act 1993 insert--
"(8) A WorkCover insurance policy issued or
20 deemed to have been issued before the
commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998 is
deemed to have been issued under this Act as
amended by Part 2 of the Accident
25 Compensation (Amendment) Act 1998.".
6. WorkCover insurance policy
In section 9 of the Accident Compensation
(WorkCover Insurance) Act 1993--
(a) in sub-section (2) for "policy of insurance"
30 substitute "WorkCover insurance policy";
(b) in sub-sections (2)(a) and (2)(b) for
"authorised insurer" substitute "Authority";
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s. 7
Act No.
(c) in sub-section (3) for "policy of insurance of
an authorised insurer" substitute
"WorkCover insurance policy of the
Authority";
5 (d) sub-sections (4) and (5) are repealed.
7. Sections 10 and 11 substituted
For sections 10 and 11 of the Accident
Compensation (WorkCover Insurance) Act
1993 substitute--
10 "10. Issue and renewal of WorkCover insurance
policies
(1) A person, other than the Authority, must not
issue or renew a WorkCover insurance
policy or a purported WorkCover insurance
15 policy.
Penalty: 100 penalty units.
(2) Subject to sub-section (3), the Authority
must not refuse to issue a WorkCover
insurance policy to an employer or to renew
20 a WorkCover insurance policy issued to an
employer.
(3) Sub-section (2) does not apply in any case
where--
(a) the employer has not complied with any
25 conditions prescribed by this Act or the
regulations in respect of the issue or
renewal of a WorkCover insurance
policy; or
(b) the employer has persistently failed to
30 pay, or to pay when due and payable,
premium or adjusted premium for a
WorkCover insurance policy.".
5
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s. 8
11
Act No.
8. Evidence that employer has WorkCover insurance
policy
In section 13 of the Accident Compensation
(WorkCover Insurance) Act 1993 for "a
5 specified authorised insurer" substitute "either a
specified authorised insurer or the Authority".
9. Employer ceasing to exist
In section 14 of the Accident Compensation
(WorkCover Insurance) Act 1993--
10 (a) in sub-section (2)(a) after "declaration"
insert "or with the Authority";
(b) in sub-section (3) after "of the worker"
insert "or between the Authority and the
employer of the worker".
15 10. Premiums order
(1) At the end of section 15 of the Accident
Compensation (WorkCover Insurance) Act
1993 insert--
"(2) The Governor in Council may on the
20 recommendation of the Authority by Order
in Council amend a premiums order which is
in force under sub-section (1) to insert
provisions of a savings and transitional
nature consequent on the enactment of the
25 Accident Compensation (Amendment) Act
1998, including provisions providing for the
construction of the premiums order.
(3) An Order in Council made under sub-section
(2) has effect from the commencement of
30 Part 2 of the Accident Compensation
(Amendment) Act 1998.".
(2) Section 17(2) of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed.
11. Rateable remuneration and premiums
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Act No.
(1) In section 18 of the Accident Compensation
(WorkCover Insurance) Act 1993--
(a) for sub-section (1)(a) substitute--
"(a) an employer receives a notice from the
5 Authority; and";
(b) in sub-section (1) for "the authorised insurer"
substitute "the Authority";
(c) for sub-section (2)(a) substitute--
"(a) an employer receives a notice from the
10 Authority; and";
(d) in sub-section (2) for "the authorised insurer"
substitute "the Authority".
(2) In sections 20(1) and 20(2) of the Accident
Compensation (WorkCover Insurance) Act
15 1993 for "authorised insurer" substitute
"Authority".
(3) In section 21 of the Accident Compensation
(WorkCover Insurance) Act 1993 omit "or the
authorised insurer" (where twice occurring).
20 (4) In section 22 of the Accident Compensation
(WorkCover Insurance) Act 1993 for
"authorised insurer" substitute "Authority".
(5) Section 22A of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed.
25 (6) In section 23(1) of the Accident Compensation
(WorkCover Insurance) Act 1993--
(a) for "An authorised insurer" substitute "The
Authority";
(b) for "the authorised insurer" substitute "the
30 Authority".
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532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
s. 12
Act No.
(7) In section 25(1) of the Accident Compensation
(WorkCover Insurance) Act 1993 omit "or the
authorised insurer".
(8) Section 25(4) of the Accident Compensation
5 (WorkCover Insurance) Act 1993 is repealed.
(9) For section 26(3) of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute--
"(3) The Authority may defer the payment of the
whole or part of the premium to a date or
10 dates after the commencement of the policy
period.".
(10) In section 26(4) of the Accident Compensation
(WorkCover Insurance) Act 1993 omit "or the
authorised insurer".
15 12. Licensing provisions
(1) Sections 27 to 36, 38, 40 and 41 of the Accident
Compensation (WorkCover Insurance) Act
1993 are repealed.
(2) In section 39 of the Accident Compensation
20 (WorkCover Insurance) Act 1993--
(a) in sub-section (1) for "an authorised insurer
or" substitute "a";
(b) for "the authorised insurer or" (wherever
occurring) substitute "the".
25 13. Section 42 substituted
For section 42 of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute--
"42. Payment of premiums
An employer must pay any premium under a
30 WorkCover insurance policy direct to the
Authority or where appropriate to an
authorised agent.
8
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Accident Compensation (Amendment) Act 1998
s. 14
Act No.
Penalty: 50 penalty units.".
14. Funds and Scheme
(1) Part 4 of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed.
5 (2) Section 56 of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed.
(3) In section 59A of the Accident Compensation
(WorkCover Insurance) Act 1993 for
"Uninsured Employers and Indemnity Fund"
10 substitute "Authority".
(4) In section 61(1) of the Accident Compensation
(WorkCover Insurance) Act 1993--
(a) omit "or" after paragraph (a);
(b) paragraph (b) is repealed.
15 15. Amendment of section 63
At the end of section 63 of the Accident
Compensation (WorkCover Insurance) Act
1993 insert--
"(2) The liability transferred to authorised
20 insurers under sub-section (1) and held by
authorised insurers immediately before the
commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998 is
by virtue of this section transferred to the
25 Authority.".
16. Section 64 substituted
For section 64 of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute--
"64. Transfer of rights, obligations and
30 liabilities
9
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s. 17
Act No.
The liability of an authorised insurer to
indemnify an employer under a WorkCover
insurance policy and the rights, obligations
and liabilities of the authorised insurer under
5 the WorkCover insurance policy are by
virtue of this section transferred to the
Authority.".
17. Recovery of premium or penalty
In section 68(1) of the Accident Compensation
10 (WorkCover Insurance) Act 1993 for "an
authorised insurer" substitute "the Authority".
18. New Part 7 inserted
After Part 6 of the Accident Compensation
(WorkCover Insurance) Act 1993 insert--
15 "PART 7--SAVING AND TRANSITIONAL
73. Authority is successor in law
For the purposes of this Act and the
Accident Compensation Act 1985, the
Authority is the successor in law of an
20 authorised insurer.
74. Transitional provisions
Without limiting section 73, for the purposes
of this Act and the Accident Compensation
Act 1985--
25 (a) anything of a continuing nature done,
commenced or made by or in relation to
an authorised insurer under this Act or
the Accident Compensation Act 1985
before the commencement of Part 2 of
30 the Accident Compensation
(Amendment) Act 1998 may be done,
enforced or completed by or in relation
to the Authority;
10
532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
s. 18
Act No.
(b) anything of a continuing nature done,
commenced or made by or in relation to
a WorkCover insurance policy or a
claim for compensation by an
5 authorised insurer under this Act or the
Accident Compensation Act 1985
before the commencement of Part 2 of
the Accident Compensation
(Amendment) Act 1998 may be done,
10 enforced or completed by the
Authority;
(c) the Authority is substituted for an
authorised insurer as a party in any
proceedings or dispute to which the
15 authorised insurer was a party under
this Act or the Accident
Compensation Act 1985 pending or
existing in any court, tribunal,
conciliation or Medical Panel before
20 the commencement of Part 2 of the
Accident Compensation
(Amendment) Act 1998 and the
Authority has the same rights in the
proceedings or dispute as the authorised
25 insurer had;
(d) on and after the commencement of
Part 2 of the Accident Compensation
(Amendment) Act 1998, any reference
in any Act, regulation, contract,
30 WorkCover insurance policy,
application, notice, claim, statement,
offer, referral, determination, decision
order or other document to an
authorised insurer, is to the extent that
35 the reference relates to any act, matter
or thing under this Act or the Accident
Compensation Act 1985, to be
11
532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
s. 18
Act No.
construed as a reference to the
Authority;
(e) all WorkCover insurance policies are
deemed to have been issued or renewed
5 by the Authority and all acts or things
done or omitted to be done by the
Authority under a WorkCover
insurance policy issued or renewed by
an authorised insurer shall be as valid
10 and effectual and have the same
consequences as if those acts or things
had been done or omitted to be done by
the authorised insurer.
75. Cancellation of licences
15 (1) Any licence in force under Part 3
immediately before the commencement of
Part 2 of the Accident Compensation
(Amendment) Act 1998 is by virtue of this
section cancelled.
20 (2) Any right or privilege acquired or accrued
against the State of Victoria or the Authority
in respect of a licence cancelled by this
section is extinguished, despite anything to
the contrary in section 14(2) of the
25 Interpretation of Legislation Act 1984.
(3) Despite any Act or law to the contrary, the
State of Victoria and the Authority are not
liable in any way for any loss, damage or
injury whatsoever resulting from the
30 cancellation of a licence under this section.
(4) Except as otherwise provided in this section,
the cancellation of a licence under this
section does not affect any rights, obligations
and liabilities accrued or incurred before the
35 commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998.
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s. 18
Act No.
76. Re-insurance arrangements
(1) Any re-insurance arrangement in force under
section 34 immediately before the
commencement of Part 2 of the Accident
5 Compensation (Amendment) Act 1998 is
by virtue of this section terminated.
(2) Despite any Act or law to the contrary, the
State of Victoria and the Authority are not
liable in any way for any loss, damage or
10 injury whatsoever resulting from the
termination of a re-insurance arrangement
under this section.
(3) The termination of a re-insurance
arrangement under this section does not
15 affect any rights, obligations and liabilities
accrued or incurred before the
commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998.
77. Supreme Court--limitation of jurisdiction
20 It is the intention of sections 75 and 76 to
alter or vary section 85 of the Constitution
Act 1975.".
_______________
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Accident Compensation (Amendment) Act 1998
s. 19
Act No.
PART 3--AMENDMENT OF ACCIDENT COMPENSATION
ACT 1985
19. Consequential amendments
(1) In section 5(1) of the Accident Compensation
5 Act 1985--
(a) the definition of "authorised insurer" is
repealed;
(b) in the definition of "medical service", in
paragraph (e) omit "or authorised insurer"
10 (where twice occurring);
(c) in the definition of "notional earnings", in
paragraph (b) omit ", authorised insurer"
(where twice occurring);
(d) after the definition of "Tribunal" insert--
15 ' "Uninsured Employers and Indemnity
Scheme" means the scheme established
under section 55 of the Accident
Compensation (WorkCover
Insurance) Act 1993;';
20 (e) after the definition of "weekly payment"
insert--
' "WorkCover insurance policy" has the
same meaning as it has in section 3(1)
of the Accident Compensation
25 (WorkCover Insurance) Act 1993;'.
(2) In sections 5D(1), 5D(4), 5E, 9(1), 9(4) and 10(2)
of the Accident Compensation Act 1985 omit
"or authorised insurer" (wherever occurring).
(3) In section 10A(6) of the Accident Compensation
30 Act 1985--
(a) in paragraph (a) for "policy of insurance"
substitute "WorkCover insurance policy";
14
532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
s. 20
Act No.
(b) in paragraph (b) for "by the principal
contractor's insurer" substitute " in
accordance with the principal contractor's
WorkCover insurance policy";
5 (c) in paragraph (c) omit "to the insurer";
(d) for "pay the insurer" substitute "pay the
Authority".
(4) In section 10A(7) of the Accident Compensation
Act 1985 for "policy of insurance" substitute
10 "WorkCover insurance policy".
(5) Section 10A(8) of the Accident Compensation
Act 1985 is repealed.
20. Functions and powers of the Authority
(1) In section 20(1) of the Accident Compensation
15 Act 1985--
(a) for paragraph (b) substitute--
"(aa) receive and assess and accept or reject
claims for compensation;
(b) pay compensation to persons entitled to
20 compensation under this Act;";
(b) for paragraph (f) substitute--
"(f) provide insurance for the purposes of
this Act and the Accident
Compensation (WorkCover
25 Insurance) Act 1993:";
(c) for paragraph (g) substitute--
"(g) defend actions against employers under
this Act and at common law;
(ga) determine, collect and recover
30 premiums payable for WorkCover
insurance policies issued in accordance
15
532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
s. 20
Act No.
with the Accident Compensation
(WorkCover Insurance) Act 1993;";
(d) in paragraph (p) omit ", authorised insurers".
(2) For section 20A(3) of the Accident
5 Compensation Act 1985 substitute--
'(3) For the purposes of sub-section (2),
"accident insurance" means insurance
under and for the purposes of this Act and
the Accident Compensation (WorkCover
10 Insurance) Act 1993 and is not limited by
reference to the practices, usages, form and
procedure for the time being followed by
other persons engaged in the general
business of insurance.'.
15 (3) In section 23(1) of the Accident Compensation
Act 1985 after "Act" insert "or the Accident
Compensation (WorkCover Insurance) Act
1993".
(4) For section 23(4) of the Accident Compensation
20 Act 1985 substitute--
"(4) An authorised agent must not contravene or
fail to comply with--
(a) the terms and conditions specified in
the instrument of appointment; or
25 (b) any directions given to the authorised
agent under sub-section (2)(b).
Penalty: 50 penalty units for a first offence;
100 penalty units for a second or
subsequent offence.".
30 (5) After section 23 of the Accident Compensation
Act 1985 insert--
"23A. Existing authorised insurers
16
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Accident Compensation (Amendment) Act 1998
Act No.
(1) The Authority must before the
commencement of section 12 of the
Accident Compensation (Amendment) Act
1998 offer to each corporation who is the
5 holder of a licence to be an authorised
insurer under the Accident Compensation
(WorkCover Insurance) Act 1993
immediately before the commencement of
section 20(5) of the Accident
10 Compensation (Amendment) Act 1998 an
appointment as an authorised agent under
section 23 in accordance with this section.
(2) The instrument of appointment must--
(a) provide that the corporation is
15 authorised to act on behalf of the
Authority in the issuing of WorkCover
insurance policies, the collection of
premiums and the administration of
claims, subject to such terms,
20 conditions and limitations as are
specified;
(b) subject to any termination provisions,
be for a minimum period equal to the
unexpired term of the licence held by
25 the corporation as at the
commencement of section 12 of the
Accident Compensation
(Amendment) Act 1998;
(c) contain terms and conditions as to
30 remuneration which are certified by the
Minister as being no less favourable
than the terms and conditions as to
remuneration which apply in relation to
the licence to be an authorised insurer;
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Accident Compensation (Amendment) Act 1998
s. 21
Act No.
(d) include any other terms and conditions
required for the purposes of
section 23.".
21. WorkCover Authority Fund
5 (1) After section 32(2) of the Accident
Compensation Act 1985 insert--
"(2A) The following funds established under the
Accident Compensation (WorkCover
Insurance) Act 1993 as in force
10 immediately before the commencement of
Part 2 of the Accident Compensation
(Amendment) Act 1998--
(a) the statutory funds of authorised
insurers;
15 (b) the Uninsured Employers and
Indemnity Fund--
become, on that commencement, part of the
WorkCover Authority Fund and any money
authorised by the Accident Compensation
20 (WorkCover Insurance) Act 1993 prior to
that commencement to be paid into those
funds or any payments authorised by the
Accident Compensation (WorkCover
Insurance) Act 1993 prior to that
25 commencement to be paid out of those funds
must be paid into or may be paid out of the
WorkCover Authority Fund."
(2) For section 32(3)(fa) of the Accident
Compensation Act 1985 substitute--
30 "(fa) premiums received for WorkCover insurance
policies;
(fb) any other amount or penalty paid in
connection with WorkCover insurance
policies;
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s. 22
Act No.
(fc) registration fees paid under section 58 of the
Accident Compensation (WorkCover
Insurance) Act 1993;
(fd) any amount recovered or penalty received
5 from uninsured employers;
(fe) any amount recovered in relation to claims
against the Uninsured Employers and
Indemnity Scheme;".
(3) For sections 32(4)(ha) and 32(4)(hb) of the
10 Accident Compensation Act 1985 substitute--
"(ha) any payment arising under or in connection
with a WorkCover insurance policy;
(hb) any payment towards a claim against the
Uninsured Employers and Indemnity
15 Scheme;
(hc) any payment of costs and expenses in
relation to a claim against the Uninsured
Employers and Indemnity Scheme;
(hd) any payment of expenses incurred by or on
20 behalf of the Authority in administering the
Uninsured Employers and Indemnity
Scheme;".
22. Dispute resolution
In the Accident Compensation Act 1985--
25 (a) in sections 39(1)(a), 45(4), 50, 59(3), 59(5),
59(8), 59(9), 67 and 68 omit ", authorised
insurer" (wherever occurring);
(b) in section 46(1) omit "or authorised insurer"
(wherever occurring);
30 (c) in section 53, for the definition of "dispute"
substitute--
' "dispute" means a dispute in connection
with a claim for compensation between
19
532102B.I1-7/10/98
Accident Compensation (Amendment) Act 1998
s. 23
Act No.
the person who makes or has made the
claim and any one or more of the
following--
(a) the employer (not being a self-
5 insurer or a subsidiary of a self-
insurer) of the relevant worker;
(b) where the compensation is or may
be payable by the Authority, the
Authority;
10 (c) where the compensation is or may
be payable by a self-insurer, that
self-insurer.'.
23. Payment of Compensation
In the Accident Compensation Act 1985--
15 (a) in sections 85(6), 87(3), 88(3), 92C(1),
92C(7), 93B(5), 93C, 93CC(1), 93CC(4), 97,
99, 99AAA, 99A, 102(6), 103, 104, 104B,
105(3), 114(6)and 123A omit ", authorised
insurer" (wherever occurring);
20 (b) in sections 87(2), 93A(3), 93B(2), 93CA(3),
93CB(3), 93CC(3) and 99(5) omit "or
authorised insurer" (wherever occurring);
(c) in sections 93CD(2), 99AAA(1) and 107
omit ", an authorised insurer" (wherever
25 occurring);
(d) in section 96(5) omit "an authorised insurer
or";
(e) in sections 96A(4) and 96A(5) omit "to the
relevant authorised insurer or, if there is no
30 relevant authorised insurer,";
(f) for section 101(1)(b) substitute--
"(b) if an authorised agent is responsible for
managing claims under the Act against
20
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Accident Compensation (Amendment) Act 1998
s. 23
Act No.
the employer, the name of the
authorised agent; and";
(g) in section 106(1) omit "the relevant
authorised insurer or, if there is no relevant
5 authorised insurer,";
(h) in section 106(3) for "relevant authorised
insurer" substitute "Authority";
(i) in section 108(1) omit "to its authorised
insurer or, if there is no current authorised
10 insurer,";
(j) in section 108(3) omit "to the authorised
insurer, or, if there is no current authorised
insurer,";
(k) in sections 108(5) and 114F(2) omit "an
15 authorised insurer or";
(l) in section 108(5) for "authorised insurer or
the Authority (as the case may be) substitute
"Authority";
(m) in sections 109(1), 114E(1)(e) and 114F(1)
20 omit "an authorised insurer," (wherever
occurring);
(n) in section 109(1) omit "the authorised
insurer,";
(o) in sections 110(1), 110(2), 111(1), 111(3),
25 112(1), 113(1), 113(2), 113(3), 114(1),
114(2), 114(3), 114(11), 114(12) 114A(1),
114B(1), 114C, 114E(1)(a) omit "authorised
insurer," (wherever occurring);
(p) in section 114D(1) for "authorised insurer or
30 Authority unless the authorised insurer or"
substitute "Authority unless";
(q) in section 114D(2), 114D(3), 114D(4),
114D(5), 114D(10) omit "authorised insurer
or" (wherever occurring);
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(r) in section 114E(2) omit "the authorised
insurer or, where applicable,";
(s) in section 114F(2) omit "the authorised
insurer or".
5 24. Settlements
(1) In section 115(4)(b) of the Accident
Compensation Act 1985--
(a) in sub-paragraph (iv) for "employer's
authorised insurer" substitute "Authority";
10 (b) in sub-paragraph (v) for "authorised insurer"
substitute "Authority".
(2) Section 115A of the Accident Compensation Act
1985 is repealed.
(3) In section 128 of the Accident Compensation
15 Act 1985--
(a) in sub-section (1) omit ", the authorised
insurer" (wherever occurring);
(b) in sub-section (2) omit "or the authorised
insurer";
20 (c) in sub-section (2) omit "or authorised
insurer".
25. Other compensation provisions
(1) In section 123(1) of the Accident Compensation
Act 1985 omit "the authorised insurer, or if the
25 claim is being administered by the Authority
under Part 5 of the Accident Compensation
(WorkCover Insurance) Act 1993,".
(2) For section 123(2) of the Accident
Compensation Act 1985 substitute--
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"(2) If a person who has been receiving weekly
payments directly from the Authority returns
to any work (whether as a worker or
otherwise), the person must immediately
5 notify the Authority of the return to work.".
(3) In section 127 of the Accident Compensation
Act 1985 for "authorised insurer" (wherever
occurring) substitute "Authority".
(4) In sections 129(5), 129A (definition of
10 "contribution injury") and 129B(1) of the
Accident Compensation Act 1985 after
"Accident Compensation (WorkCover
Insurance) Act 1993" insert "or under a
WorkCover insurance policy under that Act".
15 (5) In section 129D(4) of the Accident
Compensation Act 1985 omit "or in the case of
the Authority, in the possession or control of an
authorised insurer".
(6) In section 129N (in the definition of "common law
20 insurer") of the Accident Compensation Act
1985 omit "or an authorised insurer within the
meaning of the Accident Compensation
(WorkCover Insurance) Act 1993".
(7) In section 129O(1) of the Accident
25 Compensation Act 1985 omit "an authorised
insurer or the Authority is liable to indemnify a
defendant in whole or in part".
(8) Section 129O(3) of the Accident Compensation
Act 1985 is repealed.
30 (9) In sections 135A, 135B(4), 135B(6) and 138(1) of
the Accident Compensation Act 1985 omit
", authorised insurer" (wherever occurring).
(10) In sections 135A(18), 135A(18A), 135C(7) and
138(1) of the Accident Compensation Act 1985
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omit ", an authorised insurer" (wherever
occurring).
(11) In section 138(3)(b) of the Accident
Compensation Act 1985 omit ", the authorised
5 insurer".
(12) Division 10 of Part IV of the Accident
Compensation Act 1985 is repealed.
26. General provisions
(1) In sections 162(1), 184(1), 184(3), 184(4), 188(1)
10 and 242(3)(b)(iii) of the Accident Compensation
Act 1985 omit ", authorised insurer" (wherever
occurring).
(2) In sections 184(1) and 184(4) of the Accident
Compensation Act 1985 omit ", an authorised
15 insurer" (wherever occurring).
(3) In section 185(1) of the Accident Compensation
Act 1985 for "authorised insurers" substitute "the
agent who is the subject of the relevant
notification".
20 (4) In section 185(6) of the Accident Compensation
Act 1985 omit "authorised insurers and".
(5) In sections 238(1) and 239A of the Accident
Compensation Act 1985 omit "or an authorised
insurer" (wherever occurring).
25 (6) In section 246(1) of the Accident Compensation
Act 1985 for ", self-insurer or authorised insurer"
substitute "or a self-insurer".
(7) In section 247 of the Accident Compensation
Act 1985--
30 (a) omit "or authorised insurer" (where first,
thirdly and fourthly occurring);
(b) for "authorised insurer" (where secondly
occurring) substitute ", if an authorised
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agent is acting on behalf of the Authority in
the relevant matter, at the office of the
authorised agent,".
(8) In section 249A of the Accident Compensation
5 Act 1985 omit "or authorised insurer" (wherever
occurring).
(9) In section 249B of the Accident Compensation
Act 1985 omit "authorised insurers," (wherever
occurring).
10 _______________
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PART 4--MISCELLANEOUS AMENDMENTS
27. Medical panels
For section 63(4) of the Accident Compensation
Act 1985 substitute--
5 "(4) A panel constituted after the commencement
of section 27 of the Accident Compensation
(Amendment) Act 1998 is to consist of the
number of members not exceeding 5 as is
determined by the Convenor of the Medical
10 Panels in each particular case.
(4A) Sub-section (4) as in force before the
commencement of section 27 of the
Accident Compensation (Amendment) Act
1998 continues to apply in respect of a panel
15 constituted before that commencement.".
28. Amendment of section 93C
(1) For section 93C(2) of the Accident
Compensation Act 1985 substitute--
"(2) Sections 93CA to 93CC only apply in
20 respect of a claim for weekly payments
specified in sub-section (1) to the extent
necessary to give effect to this section.
(2A) The procedure specified in section 93CD
applies in respect of a claim for weekly
25 payments specified in sub-section (1) as if
sub-sections (1) to (4) of that section were
incorporated in this section with such
modifications as are necessary".
(2) For section 93C(5)(c)(iii) of the Accident
30 Compensation Act 1985 substitute--
"(iii) if the Authority or self-insurer makes a
determination in accordance with sub-section
(2A) that the worker's entitlement to weekly
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payments does not cease, the rate specified
in section 93B(1)(c).".
(3) For section 93C(11)(b)(iii) of the Accident
Compensation Act 1985 substitute--
5 "(iii) if the Authority or self-insurer makes a
determination in accordance with sub-section
(2A) that the worker's entitlement to weekly
payments does not cease, the rate specified
in section 93B(1)(c).".
10 29. Co-ordinated care programs
(1) In section 99AAA of the Accident
Compensation Act 1985--
(a) in sub-section (12) for "31 December 1998"
substitute "31 December 2000";
15 (b) in sub-section (13) for "1 January 1999"
substitute "1 January 2001".
(2) In section 99AAA of the Accident
Compensation Act 1985, sub-sections (12) and
(13) are repealed.
20 30. Settlements
In section 115(2) of the Accident Compensation
Act 1985 after "(as the case may be)" insert "in
accordance with guidelines (if any) issued by the
Authority for the purposes of this section".
25 31. Self-insurers
After section 143 of the Accident Compensation
Act 1985 insert--
"143A. Claims management
(1) A self-insurer may appoint a person
30 approved by the Authority to act as the self-
insurer's agent in relation to the carrying out
of the functions and powers of the self-
insurer under Parts III and IV.
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(2) Nothing in this section or any arrangement
entered into under this section affects the
liability of a self-insurer under this Act.".
32. Amendment to unproclaimed provisions
5 (1) In section 14 of the Accident Compensation
(Further Amendment) Act 1996 in proposed
section 98B(9) omit ", authorised insurer"
(wherever occurring).
(2) In section 38 of the Accident Compensation
10 (Miscellaneous Amendment) Act 1997 in
proposed section 98D(11) omit ", authorised
insurer" (wherever occurring).
33. Amendments in relation to Petroleum Act 1998
After section 38(1) of the Occupational Health
15 and Safety Act 1985 insert--
"(1A) The Authority may appoint any person who
is employed in the Department of Natural
Resources and Environment under the
Public Sector Management and
20 Employment Act 1998 to be an inspector
for the purposes of this Act in respect of
activities carried out under the Petroleum
Act 1998.".
34. Statute law revision
25 (1) In section 2(1) of the Accident Compensation
(Further Amendment) Act 1996 omit ", 27".
(2) After section 2(3) of the Accident Compensation
(Further Amendment) Act 1996 insert--
"(3A) Section 27 comes into operation on
30 25 December 1996."
(3) The Accident Compensation (Further
Amendment) Act 1996 is deemed to have been
enacted as amended by this section.
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35. Incorrect amendments repealed
In the Public Sector Reform (Miscellaneous
Amendments) Act 1998, the provisions of
Schedule 1 under the heading "Occupational
5 Health and Safety Act 1985" are repealed.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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