ACCIDENT COMPENSATION (AMENDMENT) BILL 2001

Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

ACCIDENT COMPENSATION (AMENDMENT) BILL 2001

PARLIAMENT OF VICTORIA Accident Compensation (Amendment) Act 2001 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2--AMENDMENTS CONCERNING VOLUNTARY SETTLEMENTS 4 3. Substitution of Division 3A of Part 4 4 Division 3A--Voluntary Settlements 4 Subdivision 1--Settlements for Certain Serious Injuries Suffered on or after 12 November 1997 and before 20 October 1999 4 115. Who this Subdivision applies to 4 115A. Right to apply for settlement 5 115B. Calculation of settlement amount 5 115C. Procedure for assessment of impairment 7 115D. Notice to worker 7 115E. Existing assessments to be used 8 115F. Transitional provision for workers who have had psychiatric impairment assessed 8 115G. Transitional provisions for workers who have not had psychiatric impairment assessed 9 115H. Certain workers may re-start section 98C claim 11 115I. Continuation of existing claims 12 Subdivision 2--Settlements for Certain Injuries Suffered on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992 12 116. Who this Subdivision applies to 12 116A. Right to apply for settlement 13 116B. Calculation of settlement amount 14 116C. Order in Council concerning settlements 14 i 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Clause Page Subdivision 3--Other Settlements In Specific Circumstances 15 117. Who this Subdivision applies to 15 117A. Right to apply for settlement 16 117B. Amount of settlement 16 117C. Transitional provision concerning applications under former section 115(1)(a) 17 117D. Transitional provision concerning former section 115(1)(b) claims 18 117E. Qualification concerning operation of sections 117C and 117D 18 117F. Further qualification concerning operation of sections 117C and 117D 19 117G. Exception to sections 117C(2) and 117D(3) 20 Subdivision 4--Other Settlements 20 118. Application of this Subdivision 20 118A. Right to apply for settlement 20 118B. Amount of settlement 21 118C. Order in Council concerning settlements 21 Subdivision 5--Application Procedure 22 119. Expression of interest must first be given 22 119A. Time limits apply to some expressions of interest 23 119B. Authority or self-insurer must respond to expression of interest 23 119C. Application for settlement 25 119D. Time limit for making applications 25 119E. Authority or self-insurer must respond to application 26 119F. Time limit on response to offer 27 119G. Payment and nature of settlement amounts 27 119H. Adjustment of settlement amount offers 27 119I. Worker may withdraw application at any time 30 119J. Preclusion of further claims 30 119K. Authority or self-insurer may extend or waive time limits 33 119L. Minister may issue directions 34 4. County Court not to have jurisdiction in relation to voluntary settlements 36 5. Assessment of impairment 37 6. Claims for compensation 37 7. Insertion of Schedule 1 37 PART 3--ESTABLISHMENT OF THE ACCIDENT COMPENSATION CONCILIATION SERVICE 39 ii 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Clause Page 8. Insertion of Division 1A into Part 3 39 Division 1A--Accident Compensation Conciliation Service 39 52A. Establishment of the Service 39 52B. Function 40 52C. Powers 40 52D. Appointment of Conciliation Officers 40 52E. Engagement of Conciliation Officers 40 52F. Senior Conciliation Officer 41 52G. Appointment of acting Senior Conciliation Officer 41 52H. When a Conciliation Officer ceases to hold office 42 52I. Removal from office 43 52J. Other staff and administrative services 44 52K. Service budget 45 52L. Authority to fund the Service 45 52M. Savings and transitional provisions 45 9. Other amendments concerning Conciliation Officers 47 10. Substitution of section 58 47 58. Protection against liability for Conciliation Officers 47 11. Insertion of section 58B 47 58B. Offence to not comply with direction 48 PART 4--OTHER AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985 49 12. Change to meaning of "remuneration" and "independent contractors" 49 13. Compulsory conciliation not required for claims for compensation for death 49 14. Extension of hearing loss examiner approvals 49 15. Application of modification to A.M.A. Guides 49 16. Claim for compensation under sections 98 and 98A to include all injuries 50 17. Insertion of section 103A 51 103A. Restriction on certain claims for compensation under sections 98 and 98A 51 18. Insertion of section 104AA 52 104AA. Withdrawal of claims for compensation under sections 98 and 98A 52 19. Directions relating to certain claims for compensation 54 20. Extension of certain timelines in compensation claims process 54 21. Omission of redundant phrase 55 22. Widening of ability of the Authority to consent to commencement of action for damages for post-20/10/99 injuries out of time 55 iii 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Clause Page 23. Widening of ability of the Authority to consent to commencement of action for damages for other injuries out of time 56 24. Limitation of Actions Act 1958 58 25. Indemnity by third party 58 PART 5--AMENDMENTS TO ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 59 26. Reduction of penalty and minor correction 59 27. Calculation of premiums 59 28. Substitution of section 22 59 22. Application by employer to review premium 59 29. Payment of premiums 59 30. Insertion of sections 2731 60 27. Review of premium 60 28. Adjustment of premium after review 60 29. Notice of adjustment 60 30. Exercise of review and adjustment powers 61 31. Application of review and adjustment powers 61 31. Minor consequential amendments 62 PART 6--AMENDMENTS TO OTHER ACTS 63 32. Substitution of redundant reference 63 33. Changes to regulation-making powers 63 34. Removal of OHS provision from the Mineral Resources Development Act 1990 63 35. Changes to administrative and enforcement responsibilities 64 36. Changes to regulation-making powers 64 37. Change to meaning of "supply of services in relation to performance of work" 65 ENDNOTES 66 iv 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

PARLIAMENT OF VICTORIA Initiated in Assembly 31 October 2001 As amended by Assembly 22 November 2001 A BILL to amend the Accident Compensation Act 1985, the Dangerous Goods Act 1985, the Occupational Health and Safety Act 1985, the Mineral Resources Development Act 1990, the Pay-roll Tax Act 1971 and the Accident Compensation (WorkCover Insurance) Act 1993 and for other purposes. Accident Compensation (Amendment) Act 2001 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY MATTERS 1. Purpose The purpose of this Act is-- 1 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 2 Act No. (a) to amend the Accident Compensation Act 1985-- (i) to widen the circumstances in which voluntary settlements of entitlements to 5 compensation can be made; and (ii) to establish the Accident Compensation Conciliation Service; and (iii) to make miscellaneous amendments to improve the operation of that Act; and 10 (b) to amend the Accident Compensation (WorkCover Insurance) Act 1993 in relation to the review of determinations of WorkCover insurance policy premiums; and (c) to widen the regulation-making powers of 15 the Dangerous Goods Act 1985 and the Occupational Health and Safety Act 1985; and (d) to make minor amendments to the Accident Compensation (WorkCover Insurance) 20 Act 1993, the Dangerous Goods Act 1985, the Occupational Health and Safety Act 1985, the Mineral Resources Development Act 1990 and the Pay-roll Tax Act 1971. 2. Commencement 25 (1) This Part and Parts 2, 5 and 6 (other than sections 34 and 37) and sections 13, 14, 15, 20, 21, 22 and 23 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Sections 12 and 37 come into operation on 1 July 30 2002. (3) Section 24 is deemed to have come into operation on 30 May 2000. (4) Section 25 is deemed to have come into operation on 20 October 1999. 2 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 2 Act No. (5) Subject to sub-sections (6) and (7), the remaining 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) (other 5 than section 34) does not come into operation before 1 July 2002, it comes into operation on that day. (7) If section 34 does not come into operation before 1 July 2003, it comes into operation on that day. _______________ 10 3 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. PART 2--AMENDMENTS CONCERNING VOLUNTARY SETTLEMENTS 3. Substitution of Division 3A of Part 4 For Division 3A of Part 4 of the Accident 5 Compensation Act 1985 substitute-- 'Division 3A--Voluntary Settlements Subdivision 1--Settlements for Certain Serious Injuries Suffered on or after 12 November 1997 and before 20 October 1999 10 115. Who this Subdivision applies to This Subdivision applies to a worker-- (a) who suffered an injury arising out of, or in the course of, or due to the nature of, employment on or after 12 November 15 1997 and before 20 October 1999; and (b) who is receiving weekly payments of compensation in respect of the injury, or who would be entitled to receive such payments but for the operation of 20 section 96(2); and (c) who has been assessed in respect of the injury as having no current work capacity and as likely to continue indefinitely to have no current work 25 capacity; and (d) who has received weekly payments in respect of the injury for at least 104 weeks; and 4 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (e) who has been assessed, in accordance with sections 91 and 115C, as having a 30% or more degree of impairment in respect of the injury. 5 115A. Right to apply for settlement (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than section 99) with respect to the injury. 10 (2) The application must be made in accordance with Subdivision 5. Note: Although this Subdivision is intended to come into operation on the day after the Accident Compensation (Amendment) Act 2001 receives the 15 Royal Assent, section 119(3) will have the effect of delaying the application process under this Subdivision. The process can be delayed from starting until a date that can be no later than 1 July 2002. 20 115B. Calculation of settlement amount (1) The amount of the settlement is the amount resulting from applying the following formula-- AxB 25 where-- A is-- (a) if a declaration under sub-section (2) is not in effect, the amount of the weekly payment to which the 30 worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date less the amount that must be withheld from that payment for 35 the purposes of the Pay as you go 5 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. system under Schedule 1 to the Taxation Administration Act 1953 of the Commonwealth; or (b) if a declaration under sub-section 5 (2) is in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date. 10 B is the number in Column 2 of Schedule 1 opposite the number in Column 1 of that Schedule corresponding to the worker's age in years on his or her birthday next 15 following-- (a) if the worker is not receiving payments as a result of the operation of section 96(2), the day after the specified period defined 20 in section 96(3) expires; or (b) in any other case, the notification date. (2) The Minister may, by Order published in the Government Gazette, declare that the 25 meaning of "A" in the formula set out in sub- section (1) is the meaning set out in paragraph (b) of the definition of "A". Note: The purpose of this provision is to enable the Minister to respond to possible policy changes in relation to the 30 taxation of settlement payments by the Commonwealth Government. (3) A declaration takes effect on the day after the Order is published, or on any later day specified in the Order. 35 (4) In this section "notification date" means the day on which the Authority or self- 6 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. insurer receives an expression of interest from the worker under section 119. 115C. Procedure for assessment of impairment For the purposes of section 115(e)-- 5 (a) the worker must-- (i) have made a claim for compensation under section 98C; and (ii) have had the degree of his or her 10 impairment assessed under section 104B; and (b) either-- (i) the worker must have advised the Authority or self-insurer under 15 section 104B(7) that he or she accepts the assessments; or (ii) the assessments must have been referred to a Medical Panel under section 104B(9) and the Medical 20 Panel must have given its opinion in relation to the assessments. 115D. Notice to worker (1) This section applies if the Authority or self- insurer is of the opinion that a worker 25 satisfies the requirements set out in paragraphs (a), (c), (d) and (e) of section 115. (2) The Authority or self-insurer may give the worker a written notice advising him or 30 her-- (a) that it is of that opinion, as at the date of the notice; and 7 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (b) that he or she may be eligible to apply for a settlement under this Subdivision. (3) The Authority or self-insurer may only give a notice under this section on or after the 5 relevant date (as defined in section 115E(1)). 115E. Existing assessments to be used (1) In this section "relevant date" means the earliest date an expression of interest in applying for a settlement under this 10 Subdivision may be lodged under section 119(3). (2) This section applies if, before the relevant date-- (a) a worker had the degree of his or her 15 impairment assessed under section 104B; and (b) either-- (i) the worker has advised the Authority or self-insurer under 20 section 104B(7) that he or she accepts the assessments; or (ii) the assessments have been referred to a Medical Panel under section 104B(9) and the Medical 25 Panel has given its opinion in relation to the assessments. (3) Subject to sections 115F and 115G, the assessments are deemed to be assessments for the purposes of this Subdivision. 30 115F. Transitional provision for workers who have had psychiatric impairment assessed (1) This section applies if-- 8 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (a) section 115E applies; and (b) the worker has had the degree of his or her impairment assessed under section 104B and the assessment 5 process included an assessment of psychiatric impairment in accordance with section 91; and (c) either-- (i) the worker has advised the 10 Authority or self-insurer under section 104B(7) that he or she accepts the assessments; or (ii) the assessments have been referred to a Medical Panel under 15 section 104B(9) and the Medical Panel has given its opinion in relation to the assessments. (2) The Authority or self-insurer must combine the assessment for psychiatric impairment 20 with the assessments for any other impairments that were assessed, using the combination tables in the A.M.A. Guides. (3) The result obtained by combining the assessments is the assessment for the 25 purposes of this Subdivision. (4) In this section "A.M.A. Guides" has the same meaning as it has in section 91(8). 115G. Transitional provisions for workers who have not had psychiatric impairment 30 assessed 9 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (1) This section applies if section 115E applies, but no assessment was made of any psychiatric impairment of the worker. (2) The worker may apply to the Authority or 5 self-insurer in writing for an assessment under section 104B of his or her degree of permanent psychiatric impairment for the purposes of this Subdivision. (3) An application under sub-section (2) must be 10 made in a form approved by the Authority. (4) For the purposes of this section, sections 104B(2), 104B(3), 104B(4) and 104B(11) apply as if a reference in those sections to a claim was a reference to the application. 15 (5) The purpose of a further assessment under this section is-- (a) to assess the degree of the worker's permanent psychiatric impairment in accordance with section 91; and 20 (b) if such an impairment exists, to combine the assessment for the psychiatric impairment with the assessments for any other impairments that were assessed in the initial 25 assessments, using the combination tables in the A.M.A. Guides to obtain a result for the purposes of this Subdivision. (6) The result of a further assessment under this 30 section is the assessment for the purposes of this Subdivision. (7) During a further assessment, any result of the initial assessment-- (a) must not be re-assessed; and 10 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (b) must be adopted for the purposes of sub-section (5)(b). (8) For the purposes of sub-section (5), the only medical question that may be referred to a 5 Medical Panel under section 104B(9) is a question as to the worker's degree of permanent psychiatric impairment in accordance with section 91 resulting from the injury. 10 (9) The results of any further assessments made under this section can only be used for the purposes of this section. (10) In this section "A.M.A. Guides" has the same meaning as it has in section 91(8). 15 115H. Certain workers may re-start section 98C claim (1) In this section "relevant date" has the same meaning as it has in section 115E(1). (2) This section applies if a worker submitted a 20 claim for compensation under section 98C before the relevant date, but had not, before that date, either-- (a) advised the Authority or self-insurer under section 104B(7) that he or she 25 accepts assessments under section 104B of the degree of his or her impairment; or (b) had such assessments referred to the Medical Panel under section 104B(9) 30 and had the Medical Panel give its opinion in relation to the assessments. 11 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (3) The worker may, by notice in writing given to the Authority or self-insurer, withdraw his or her claim. (4) If a worker withdraws a claim under this 5 section, he or she may submit a new claim under section 98C as if it was the first claim he or she was submitting in respect of the injury under that section. 115I. Continuation of existing claims 10 (1) In this section "relevant date" has the same meaning as it has in section 115E(1). (2) This section applies if section 115H applies to a worker, but the worker does not withdraw his or her claim in accordance with 15 that section. (3) Sections 115E(3), 115F and 115G apply in respect of any assessments of the degree of the worker's impairment made for the purposes of section 104B before the relevant 20 date. (4) Any assessments that are still to be made are to be made under section 104B as amended by section 6 of the Accident Compensation (Amendment) Act 2001. 25 Subdivision 2--Settlements for Certain Injuries Suffered on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992 116. Who this Subdivision applies to 12 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (1) This Subdivision applies to a worker-- (a) who suffered an injury arising out of, or in the course of, or due to the nature of, employment on or after 4.00 p.m. on 5 31 August 1985 and before 1 December 1992; and (b) who was-- (i) on 3 September 2001; and (ii) on the notification date-- 10 receiving weekly payments of compensation in respect of the injury, or who would have been entitled to receive such payments on both of those dates but for the operation of 15 section 96(2); and (c) who has been assessed in respect of the injury as having either-- (i) no current work capacity and as likely to continue indefinitely to 20 have no current work capacity; or (ii) a serious injury within the meaning of section 93B(5); and (d) who had, as at 3 September 2001, received weekly payments in respect of 25 the injury for at least 104 weeks. (2) In this section "notification date" means the date on which the Authority or self- insurer receives an expression of interest from the worker under section 119. 30 116A. Right to apply for settlement 13 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than section 99) with respect to the injury. 5 (2) The application must be made in accordance with Subdivision 5. Note: Although this Subdivision is intended to come into operation on the day after the Accident Compensation (Amendment) Act 2001 receives the 10 Royal Assent, section 119(4) will have the effect of delaying the application process under this Subdivision. The process can be delayed from starting until a date that can be no later than 1 July 2002. 15 116B. Calculation of settlement amount The amount of the settlement is to be calculated in accordance with the relevant method set out in an Order in Council made under section 116C. 20 116C. Order in Council concerning settlements (1) The Governor in Council, may by Order made on the recommendation of the Minister, specify how settlement amounts are to be determined for the purposes of this 25 Subdivision. (2) The Minister must not recommend the making of an Order unless the Minister certifies in writing that, in his or her opinion, the making of the Order-- 30 (a) is consistent with ensuring that the accident compensation scheme is managed as effectively, efficiently and economically as is possible; and (b) is not likely to adversely affect the 35 competitiveness of the scheme; and 14 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (c) is not likely to interfere with the scheme being fully-funded. (3) An Order, and the certificate of the Minister, must be published in the Government 5 Gazette. (4) An Order takes effect on the day after it is published in the Government Gazette, or on any later day specified in the Order. (5) On taking effect, an Order has the like force 10 and effect as if it were expressly enacted in this Act. Subdivision 3--Other Settlements In Specific Circumstances 117. Who this Subdivision applies to 15 This Subdivision applies to a worker who is receiving, or who is entitled to receive, compensation under this Act (other than section 99) if-- (a) the worker-- 20 (i) is over the age of 55 years; and (ii) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and 25 (iii) has been receiving weekly payments for at least 104 weeks; or (b) the worker-- (i) has a serious injury within the 30 meaning of section 93B(5); and (ii) has been receiving weekly payments for at least 104 weeks. 15 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. 117A. Right to apply for settlement (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than 5 section 99) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. 117B. Amount of settlement (1) The amount of the settlement is the amount 10 resulting from applying the following formula-- AxC where-- A is-- 15 (a) if a declaration under sub-section (2) is not in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, 20 entitled as at the notification date less the amount that must be withheld from that payment for the purposes of the Pay as you go system under Schedule 1 to the 25 Taxation Administration Act 1953 of the Commonwealth; or (b) if a declaration under sub-section (2) is in effect, the amount of the weekly payment to which the 30 worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date. C is the number in Column 3 of Schedule 1 opposite the number in 16 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. Column 1 of that Schedule corresponding to the worker's age in years on his or her birthday next following-- 5 (a) if the worker is not receiving payments as a result of the operation of section 96(2), the day after the specified period defined in section 96(3) expires; or 10 (b) in any other case, the notification date. (2) The Minister may, by Order published in the Government Gazette, declare that the meaning of "A" in the formula set out in sub- 15 section (1) is the meaning set out in paragraph (b) of the definition of "A". Note: The purpose of this provision is to enable the Minister to respond to possible policy changes in relation to the taxation of settlement payments by the 20 Commonwealth Government. (3) A declaration takes effect on the day after the Order is published, or on any later day specified in the Order. (4) In this section "notification date" means 25 the day on which the Authority or self- insurer receives an expression of interest from the worker under section 119. 117C. Transitional provision concerning applications under former section 115(1)(a) 30 (1) In this section "relevant date" means the day after the day on which the Accident Compensation (Amendment) Act 2001 receives the Royal Assent. 17 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (2) Any application that was made under section 115(1)(a) as in force immediately before the relevant date and that had not been determined before that date-- 5 (a) is deemed to be the giving, on the date the application was received by the Authority or self-insurer, of an expression of interest in applying for a settlement under this Subdivision; and 10 (b) is to be dealt with on the basis of this Act as amended by Part 2 of the Accident Compensation (Amendment) Act 2001. 117D. Transitional provision concerning former 15 section 115(1)(b) claims (1) In this section "relevant date" has the same meaning as it has in section 117C(1). (2) Regulation 17 of the Accident Compensation Regulations 2001 is revoked. 20 (3) Any application made under regulation 17 or 25 of the Accident Compensation Regulations 1990 that had not been determined before the relevant date-- (a) is deemed to be the giving, on the date 25 the application was received by the Authority or self-insurer, of an expression of interest in applying for a settlement under this Subdivision; and (b) is to be dealt with on the basis of this 30 Act as amended by Part 2 of the Accident Compensation (Amendment) Act 2001. 117E. Qualification concerning operation of sections 117C and 117D 18 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 Act No. (1) In this section "relevant date" has the same meaning as it has in section 117C(1). (2) Despite sections 117C(2) and 117D(3), the Authority or self-insurer is not required to 5 give the worker a response under section 119B until it receives any documents required by section 119(2)(b). (3) As soon as is practicable after the relevant date, the Authority or self-insurer must 10 advise the worker in writing of the effect of section 117C(2) or 117D(3) (as the case may be) and of sub-section (2). 117F. Further qualification concerning operation of sections 117C and 117D 15 (1) Despite sections 117C(2) and 117D(3), if a worker who made an application referred to in either of those sections is, or may be, a worker to whom Subdivision 1 or 2 applies, the Authority or self-insurer must not 20 proceed any further with the application unless-- (a) the Authority or self-insurer advises the worker that he or she is, or may be, eligible to apply for a settlement under 25 Subdivision 1 or 2 and should obtain advice in relation to that matter; and (b) the worker advises the Authority or self-insurer in writing that he or she wishes the Authority or self-insurer to 30 proceed with the application. (2) The worker may withdraw the application at any time before the worker gives the Authority or self-insurer advice under sub- section (1)(b) without prejudice to his or her 19 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. right to make an application under Subdivision 1 or 2. 117G. Exception to sections 117C(2) and 117D(3) (1) Sections 117C(2) and 117D(3) do not apply 5 to an application that was received-- (a) by the Authority on or before 3 November 2000; or (b) by a self-insurer before 28 November 2000. 10 (2) Applications received before the relevant date specified in sub-section (1) are to be dealt with on the basis of this Act as in force immediately before the commencement of section 3 of the Accident Compensation 15 (Amendment) Act 2001. Subdivision 4--Other Settlements 118. Application of this Subdivision This Subdivision applies if-- (a) a worker is receiving, or is entitled to 20 receive, compensation under this Act (other than section 99) with respect to an injury; and (b) the regulations state that the worker may apply for the settlement of his or 25 her entitlement under the Act (other than section 99) in any particular circumstances specified by the regulations. 118A. Right to apply for settlement 30 (1) A worker to whom this Subdivision applies may apply for the settlement of his or her 20 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. entitlement under this Act (other than section 99) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. 5 118B. Amount of settlement The amount of the settlement is to be calculated in accordance with the relevant method set out in an Order in Council made under section 118C. 10 118C. Order in Council concerning settlements (1) The Governor in Council, may by Order, specify how settlement amounts are to be determined for the purposes of this Subdivision. 15 (2) The Minister must not recommend the making of an Order unless the Minister certifies in writing that, in his or her opinion, the making of the Order-- (a) is consistent with ensuring that the 20 accident compensation scheme is managed as effectively, efficiently and economically as is possible; and (b) is not likely to adversely affect the competitiveness of the scheme; and 25 (c) is not likely to interfere with the scheme being fully-funded. (3) An Order, and the certificate of the Minister, must be published in the Government Gazette. 30 (4) An Order takes effect on the day after it is published in the Government Gazette, or on any later day specified in the Order. 21 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (5) On taking effect, an Order has the like force and effect as if it were expressly enacted in this Act. Subdivision 5--Application Procedure 5 119. Expression of interest must first be given (1) Before applying for a settlement under this Division, a worker must give a written expression of interest in applying for the settlement-- 10 (a) if the liability to pay compensation lies with a self-insurer, to the self-insurer; or (b) in any other case, to the Authority. (2) An expression of interest is only valid if-- 15 (a) on the date it is given, the worker is eligible to apply for the settlement; and (b) it is accompanied by any documents in relation to the identity and date of birth of the worker that are required by a 20 direction of the Minister under section 119L. (3) An expression of interest in applying for a settlement under Subdivision 1 is only valid if it is given on or after whichever of these 25 dates occurs first-- (a) the date specified for the purposes of this sub-section by the Minister in a notice published in the Government Gazette; or 30 (b) 1 July 2002. (4) An expression of interest in applying for a settlement under Subdivision 2 is only valid 22 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. if it is given on or after whichever of these dates occurs first-- (a) the date specified for the purposes of this sub-section by the Minister in a 5 notice published in the Government Gazette; or (b) 1 July 2002. 119A. Time limits apply to some expressions of interest 10 (1) A worker who is entitled to apply for a settlement under Subdivision 1 and who is given a notice under section 115D must give the Authority or self-insurer an expression of interest before the expiry of 12 months from 15 the date the notice was given to the worker. (2) A worker who is entitled to apply for a settlement under Subdivision 2 must give the Authority or self-insurer an expression of interest before the expiry of 3 months from 20 the earliest date a valid expression of interest in applying for a settlement under that Subdivision may be lodged under section 119(4). (3) If a worker fails to comply with sub- 25 section (1), the worker ceases to be entitled to apply for a settlement under Subdivision 1. (4) If a worker fails to comply with sub- section (2), the worker ceases to be entitled 30 to apply for a settlement under Subdivision 2. 119B. Authority or self-insurer must respond to expression of interest (1) On receiving an expression of interest in 35 applying for a settlement from a worker, the 23 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. Authority or self-insurer must give the worker a written response to the expression of interest. (2) If the Authority or self-insurer is of the 5 opinion that the worker is eligible to apply for the settlement, the response must include-- (a) a statement of that opinion; and (b) a statement of the amount that the 10 worker is eligible to receive under this Division if he or she applies for the settlement and an offer of settlement is made; and (c) a statement that the Authority or self- 15 insurer will not grant an application unless the worker obtains legal and financial advice as specified in any relevant direction of the Minister under section 119L, and a copy of any such 20 direction; and (d) a statement-- (i) that the Authority or self-insurer will pay the reasonable costs of the worker in obtaining the legal 25 and financial advice; and (ii) of the maximum amount that will be paid with respect to the advice; and (iii) of when and how the costs of the 30 advice will be paid; and (e) a statement that sets out the period within which the application must be made and that states the consequences if an application is not made within that 35 time. 24 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (3) If the Authority or self-insurer is of the opinion that the worker is not eligible to apply for the settlement, the response must include-- 5 (a) a statement of that opinion; and (b) a statement of the reasons why the Authority or self-insurer is of that opinion. 119C. Application for settlement 10 (1) This section applies if a worker is given a response from the Authority or a self-insurer under section 119B(2). (2) The worker may apply to the Authority or self-insurer for the settlement. 15 (3) The application must-- (a) be made in writing; and (b) be accompanied by any certificate required by any direction of the Minister under section 119L. 20 119D. Time limit for making applications (1) A worker wishing to apply for a settlement must do so before the expiry of 6 months from the date the Authority or self-insurer gives him or her a response under 25 section 119B(2). (2) If a worker who is entitled to apply for a settlement under Subdivision 1 or 2 fails to comply with sub-section (1), the worker 25 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. ceases to be entitled to apply for a settlement under that Subdivision. (3) If a worker who is entitled to apply for a settlement under Subdivision 3 or 4 fails to 5 comply with sub-section (1), the worker is not entitled to apply for a settlement under that Subdivision until he or she gives the Authority or self-insurer another expression of interest in applying for a settlement and is 10 given another response under section 119B(2). 119E. Authority or self-insurer must respond to application (1) On receiving an application for settlement 15 from a worker that complies with this Division, the Authority or self-insurer must decide whether it will offer a settlement to the worker. (2) On making the decision, the Authority or 20 self-insurer must give the worker written notice of the decision. (3) If the Authority or self-insurer decides to offer a settlement to the worker, the notice must include an offer to settle for the amount 25 advised under section 119B(2)(b). (4) If the Authority or self-insurer decides not to offer a settlement to the worker, the notice must include a statement of the reasons why a settlement will not be offered to the 30 worker. (5) A worker-- (a) who applied for a settlement under Subdivision 1 or 2; and (b) who is given a notice under sub- 35 section (4)-- 26 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. ceases to be entitled to apply for a settlement under that Subdivision in respect of the injury. 119F. Time limit on response to offer 5 (1) If a worker wishes to accept an offer of settlement made by the Authority or a self- insurer, he or she must give the Authority or self-insurer a written notice accepting the offer before the expiry of 28 days from the 10 date the offer was given to him or her. (2) If a worker rejects the offer, or fails to accept the offer within that 28 day period, the application lapses and the worker ceases to be entitled to apply for a settlement under 15 this Division in respect of the injury. 119G. Payment and nature of settlement amounts (1) If a worker accepts an offer of settlement, the Authority or self-insurer must make the settlement payment within the time (if any) 20 required by any direction of the Minister under section 119L. (2) A settlement payment under this Division is a capital sum for loss of earning capacity. 119H. Adjustment of settlement amount offers 25 (1) This section applies if the Authority or a self-insurer becomes aware at any time after providing the response required by section 119B, and before paying the worker a settlement amount, that the amount 30 specified as the settlement amount in the response does not comply with this Division. (2) The Authority or self-insurer must, as soon as is practicable after becoming aware that the proposed settlement amount does not 27 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. comply with this Division, give the worker-- (a) a notice advising the worker that the proposed amount does not comply with 5 this Division and explaining the effect of this section; and (b) an amended written response complying with section 119B. (3) For the purposes of section 119D(1), the 10 relevant date is the date the worker was given the last amended response. (4) If-- (a) the reason why a proposed settlement amount no longer complies with this 15 Division is the coming into effect of a declaration made under section 115B(2) or 117B(2); and (b) the worker has obtained legal or financial advice in respect of a response 20 from the Authority or self-insurer that has been amended under this section; and (c) the settlement amount specified in the amended response is more than-- 25 (i) 5% greater than the last settlement amount previously advised; and (ii) $5 000 greater than that last amount-- the worker is entitled to obtain further legal 30 or financial advice at the expense of the Authority or self-insurer. (5) In any other case, if-- 28 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (a) a worker has obtained financial advice in respect of a response from the Authority or self-insurer that has been amended under this section; and 5 (b) the settlement amount specified in the amended response is more than-- (i) 5% greater or less than the last settlement amount previously advised; and 10 (ii) $5 000 greater or less than that last amount-- the worker is entitled to obtain further financial advice at the expense of the Authority or self-insurer. 15 (6) If the worker is given an amended response after-- (a) the worker has applied for a settlement; or (b) the worker has been offered a 20 settlement; or (c) the worker has accepted an offer of settlement-- the application, offer or acceptance is to be treated as if it was for a settlement for the 25 amount set out in the amended response, unless the worker gives the Authority or self- insurer a written notice, before the expiry of 42 days from the date the worker is given the amended response, stating that he or she 30 withdraws the application or acceptance or rejects the offer (as the case may be). (7) A worker to whom sub-section (6) applies may give the Authority or self-insurer a 29 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. written notice before the expiry of 42 days from the date the worker is given the amended response accepting an amended offer, or stating that he or she wishes the 5 application or acceptance to proceed (as the case may be) on the basis of the amended amount. (8) The Authority or self-insurer must give effect to a notice given to it under sub- 10 section (7). (9) The rights conferred on a worker by sub- section (6) are in addition to any rights conferred on the worker by section 119I(1). 119I. Worker may withdraw application at any 15 time (1) A worker who has applied for a settlement under this Division may withdraw the application at any time before an offer is made by giving the Authority or self-insurer 20 written notice of the withdrawal. (2) If a worker who is entitled to apply for a settlement under Subdivision 1 or 2 withdraws an application, the worker ceases to be entitled to apply for a settlement under 25 that Subdivision. 119J. Preclusion of further claims (1) A person who accepts a settlement under Subdivision 1 or 2 is not entitled, after accepting the settlement-- 30 (a) to any further compensation or other payment under this Act (other than section 99); or 30 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (b) to recover damages in any proceedings against-- (i) a person whom the Authority is liable to indemnify under 5 section 134; or (ii) the Authority under section 134(8); or (iii) an employer who is a self-insurer or a subsidiary of a self-insurer; or 10 (iv) an employer or the Authority; or (v) a person whom the Authority is liable to indemnify under the Accident Compensation (WorkCover Insurance) 15 Act 1993; or (vi) the Authority under the Accident Compensation (WorkCover Insurance) Act 1993-- in respect of the injury, any recurrence of the 20 injury (other than a recurrence resulting from, or that is materially contributed to by, any employment engaged in after the date of the settlement) or any other injury arising out of, or in the course of, or due to the nature 25 of, or contributed to by, any employment in which the person engaged before the date of the settlement. (2) Despite sub-section (1), the person remains entitled-- 30 (a) to compensation for medical and the like services under section 99 in respect of the injury; and (b) to compensation and damages in respect of any injury that was caused to 31 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. the worker before the date of the settlement if that injury was not manifest on or before the date of the settlement; and 5 (c) to compensation under section 98, 98A 98C or 98E in respect of-- (i) an injury other than the injury to which the settlement relates; or (ii) a recurrence of the injury to which 10 the settlement relates (being an injury arising out of, or in the course of, or due to the nature of, or contributed to by, employment in which the person engaged 15 before the date of the settlement)-- if the claim for that compensation had been given, served or lodged before the date on which the person's application 20 for the settlement was given to the Authority or self-insurer. (3) A person who accepts a settlement under Subdivision 3 or 4 is not entitled, after accepting the settlement-- 25 (a) to any further compensation or other payment under this Act (other than section 99); or (b) to recover damages in any proceedings against-- 30 (i) a person whom the Authority is liable to indemnify under section 134; or (ii) the Authority under section 134(8); or 32 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (iii) an employer who is a self-insurer or a subsidiary of a self-insurer; or (iv) an employer or the Authority; or (v) a person whom the Authority is 5 liable to indemnify under the Accident Compensation (WorkCover Insurance) Act 1993; or (vi) the Authority under the Accident 10 Compensation (WorkCover Insurance) Act 1993-- in respect of the injury, or in respect of any recurrence of the injury, other than a recurrence resulting from, or materially 15 contributed to by, employment engaged in after the date of the settlement. (4) Nothing in this section is intended to preclude or interfere with any right a person may have to recover compensation under the 20 Sentencing Act 1991. (5) In this section, "recurrence" includes aggravation, acceleration, exacerbation, or deterioration. 119K. Authority or self-insurer may extend or 25 waive time limits (1) The Authority or a self-insurer may extend or waive any time limit specified in this Division (including a time limit imposed under sub-section (4)) as it applies to a 30 worker, on the written application of the worker. 33 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 Act No. (2) The Authority or self-insurer may only extend or waive such a time limit if it is satisfied that the worker's failure to meet the time limit was due to special circumstances. 5 (3) An application for the waiver of a time limit may be made at any time, either before or after the limit has expired. (4) In extending or waiving a time limit, the Authority or self-insurer must specify in 10 writing a new time limit within which the relevant act must be done. (5) If the Authority or self-insurer extends or waives a time limit-- (a) in the case of an extension, or a waiver 15 that is granted before the time limit expires, the worker's entitlement to apply for a settlement on the expiration of that time limit does not cease on the expiration of that time limit; and 20 (b) in the case of a waiver, any entitlement to apply for a settlement that ceased on the expiry of the time limit is revived; and (c) in the case of a worker seeking a 25 settlement under Subdivision 1 or 2, the entitlement to apply for the settlement is to cease if the worker does not do the relevant act before the expiry of the time limit specified under sub- 30 section (4). 119L. Minister may issue directions (1) The Minister may issue written directions that-- (a) require an expression of interest under 35 section 119 to be accompanied by proof 34 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 Act No. of the identity and date of birth of the worker giving the expression of interest; (b) specify what documents may be used to 5 satisfy such a requirement; (c) specify the legal and financial issues in relation to a proposed settlement on which a worker must receive advice before being eligible to apply for the 10 settlement; (d) specify the categories of people from whom the advice may be received, or specify that the advice must be obtained from a person holding a specified 15 minimum qualification; (e) specify the form of certificates to be completed by legal and financial advisors to provide evidence that any advice required by a direction made 20 under this section has been given; (f) specify when and how the Authority or a self-insurer is to pay or reimburse a worker in relation to the worker obtaining legal and financial advice in 25 relation to a proposed settlement; (g) specify the maximum amounts that the Authority or a self-insurer is liable to pay a worker in respect of such advice; (h) require a worker to provide a copy to 30 the Authority or self-insurer of any advice obtained for the purposes of this 35 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 3 4 Act No. Division, but only for the purpose of enabling a determination of the reasonable cost of the advice to be made; 5 (i) specify the form in which an application for settlement is to be made; and (j) require the Authority or a self-insurer to pay the settlement amount to a 10 worker within a specified period after the worker accepts the settlement offer; (k) specify that the Authority, self-insurer or a worker do anything else that is necessary or expedient to enable 15 settlements under this Division to be dealt with fairly and efficiently. (2) A direction must be published in the Government Gazette. (3) The Minister may amend or revoke a 20 direction by publishing the amendment or revocation in the Government Gazette. (4) A direction, amendment or revocation takes effect on the day after it is published in the Government Gazette, or on any later day 25 specified in the direction, amendment or revocation. (5) A person to whom a direction applies must comply with the direction.'. 4. County Court not to have jurisdiction in relation to 30 voluntary settlements 36 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 7 Act No. In section 39(2) of the Accident Compensation Act 1985, after "Division" insert "3A,". 5. Assessment of impairment In section 91(7A) of the Accident Compensation 5 Act 1985, before "section 134AB" insert "Subdivision 1 of Division 3A and of". 6. Claims for compensation In section 104B of the Accident Compensation Act 1985-- 10 (a) after sub-section (5)(a)(ii) insert-- "(iii) for the purposes of Subdivision 1 of Division 3A; and"; (b) in sub-section (9), for "both the" substitute "the relevant". 15 7. Insertion of Schedule 1 After the heading "SCHEDULES" in the Accident Compensation Act 1985 insert-- "SCHEDULE 1 TABLE TO BE USED TO DETERMINE SETTLEMENT 20 AMOUNTS UNDER SECTIONS 115B and 117B Column Column 2 Column 3 Column 1 Column 2 Column 3 1 18 427 75 42 267 74 19 422 75 43 258 74 20 416 75 44 249 74 21 411 75 45 240 73 22 406 75 46 231 73 23 400 75 47 222 72 24 394 75 48 212 72 25 388 75 49 202 71 26 383 75 50 192 70 27 376 75 51 182 70 37 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 Act No. 28 370 75 52 172 69 29 364 75 53 161 68 30 357 75 54 150 68 31 351 75 55 139 68 32 344 75 56 128 67 33 337 75 57 117 65 34 330 75 58 105 61 35 322 75 59 93 56 36 315 75 60 81 50 37 307 75 61 68 43 38 299 75 62 55 35 39 292 74 63 42 27 40 283 74 64 29 19 41 275 74 65 0 0". _______________ 38 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. PART 3--ESTABLISHMENT OF THE ACCIDENT COMPENSATION CONCILIATION SERVICE 8. Insertion of Division 1A into Part 3 After section 52 of the Accident Compensation 5 Act 1985 insert-- 'Division 1A--Accident Compensation Conciliation Service 52A. Establishment of the Service (1) There is established a body corporate called 10 the Accident Compensation Conciliation Service. (2) The Service consists of one member, who is to be the person who is, or who is acting as, the Senior Conciliation Officer. 15 (3) The Service-- (a) has perpetual succession; (b) is capable of acquiring, holding and disposing of property; (c) may sue and be sued in its corporate 20 name; (d) has a common seal; (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. 25 (4) The common seal of the Service can only be used in a way approved by the Service. (5) All courts and people acting judicially must take judicial notice of the seal of the Service. 39 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. 52B. Function The function of the Service is to provide conciliation services for the purposes of this Act. 5 52C. Powers The Service may do all things that are necessary or convenient to enable it to carry out its function. 52D. Appointment of Conciliation Officers 10 (1) The Governor in Council must appoint-- (a) a person to be the Senior Conciliation Officer; and (b) one or more other people to be Conciliation Officers. 15 (2) The appointment of a person as the Senior Conciliation Officer is to be made on the terms and conditions specified by the Governor in Council. (3) A person may only be appointed as a 20 Conciliation Officer if the person has consented-- (a) to make himself or herself available for engagement as a Conciliation Officer by the Service; and 25 (b) to act as a Conciliation Officer on the terms, and for the remuneration, specified in writing by the Minister. 52E. Engagement of Conciliation Officers (1) The Service must engage people appointed 30 as Conciliation Officers to assist it to carry out its functions. 40 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. (2) A person may only be engaged as a Conciliation Officer on the terms and conditions specified by the Minister and given to the person before his or her 5 appointment as a Conciliation Officer. (3) In engaging a Conciliation Officer the Service is not to be taken as employing the Conciliation Officer. (4) Despite sub-section (3), for the purposes of 10 this Act (other than this Division), a Conciliation Officer is deemed to be a worker employed by the Service. 52F. Senior Conciliation Officer (1) In exercising his or her powers and carrying 15 out his or her functions under this Act, the Senior Conciliation Officer (and any person acting as the Senior Conciliation Officer) must observe any guidelines issued by the Minister. 20 (2) A reference in this Act to a Conciliation Officer (other than in sections 52D and 52E) is to be read as including a reference to the Senior Conciliation Officer. 52G. Appointment of acting Senior Conciliation 25 Officer (1) The Minister must appoint a Conciliation Officer to act as the Senior Conciliation Officer if-- (a) the office of Senior Conciliation 30 Officer becomes vacant; or (b) the Senior Conciliation Officer or an acting Senior Conciliation Officer becomes unable to carry out the duties of office; or 41 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. (c) the Senior Conciliation Officer or an acting Senior Conciliation Officer is given notice of an investigation under section 52I(2). 5 (2) An acting appointment-- (a) under sub-section (1)(a) continues until the Governor in Council appoints another person as the Senior Conciliation Officer or until the 10 Minister (acting under this section) or the Governor in Council appoints another person to act as the Senior Conciliation Officer; (b) under sub-section (1)(b) continues until 15 the Senior Conciliation Officer becomes able to carry out the duties of office or until the Minister (acting under this section) or the Governor in Council appoints another person to act 20 as the Senior Conciliation Officer; (c) under sub-section (1)(c) continues until the Senior Conciliation Officer is given written notice under section 52I(3)(a) that a recommendation will not be 25 made or until the Minister (acting under this section) or the Governor in Council appoints another person to act as the Senior Conciliation Officer. (3) If the Minister appoints a person to act as the 30 Senior Conciliation Officer under this section, the appointment is deemed to have taken effect immediately after the happening of the event that required the Minister to make the appointment. 35 52H. When a Conciliation Officer ceases to hold office 42 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. (1) A person ceases to be a Conciliation Officer-- (a) at the expiry of any term of office specified in the terms and conditions 5 referred to in section 52D(2) or 52E(2) (unless that term is extended in accordance with those terms and conditions); or (b) if he or she resigns in accordance with 10 sub-section (2); or (c) if he or she is removed from office under section 52I; or (d) if he or she becomes bankrupt; or (e) if he or she is convicted of an indictable 15 offence or of an offence which, if committed in Victoria, would be an indictable offence. (2) A Conciliation Officer may resign by writing signed by the Conciliation Officer and 20 delivered to the Minister. 52I. Removal from office (1) The Minister may recommend to the Governor in Council that a Conciliation Officer be removed or suspended from office 25 if the Minister is of the opinion, after having given the Conciliation Officer an opportunity to be heard, that the Conciliation Officer-- (a) is incapable of performing official duties; or 30 (b) has refused or neglected to perform those duties; or (c) has committed a serious breach of confidentiality; or 43 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. (d) has committed a serious breach of one or more of his or her terms or conditions of engagement. (2) To begin an investigation into whether or not 5 to make a recommendation under sub-section (1), the Minister must give the Conciliation Officer written notice of the investigation, together with an outline of the reasons why the investigation is to be conducted. 10 (3) On receiving such notice, the Conciliation Officer is, by virtue of this section, suspended from office until he or she-- (a) is given written notice that the Minister does not intend to make a 15 recommendation under this section in relation to the matters investigated; or (b) is removed from office under sub- section (5); or (c) completes any term of suspension 20 imposed under sub-section (5). (4) A Conciliation Officer who is suspended under sub-section (3) remains entitled to his or her remuneration and allowances as a Conciliation Officer during the period of 25 suspension. (5) On receiving a recommendation from the Minister under this section that a Conciliation Officer be removed or suspended from office, the Governor in 30 Council may remove or suspend the Conciliation Officer from office. (6) Sub-section (4) ceases to apply if a suspension is imposed on a Conciliation Officer under sub-section (5). 35 52J. Other staff and administrative services 44 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. (1) The Service may appoint any other officers or employees that are necessary to enable it to carry out its function. (2) The Service may enter into arrangements 5 with the Authority or with any other person or body for the provision of administrative services to the Service. 52K. Service budget (1) Each year, on or before the date required by 10 the Minister, the Service must submit to the Minister a proposed annual budget for its operations for the coming financial year. (2) The Minister must either approve the proposed budget or request that the proposed 15 budget be amended. 52L. Authority to fund the Service (1) The Authority must give the Service sufficient resources to enable the Service to meet all the expenses it incurs. 20 (2) Despite sub-section (1), the Authority must not with respect to any financial year, without the written approval of the Minister, give the Service a total amount greater than the amount shown in the Service's annual 25 budget as the Service's proposed total expenditure for that year. 52M. Savings and transitional provisions (1) In this section-- 45 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 8 Act No. "amending Act" means the Accident Compensation (Amendment) Act 2001; "relevant date" means the date of 5 commencement of section 8 of the amending Act. (2) The person who was the Senior Conciliation Officer immediately before the relevant date-- 10 (a) is deemed to have been appointed as the Senior Conciliation Officer by the Governor in Council under section 52D(1); and (b) subject to section 52H, is not to have 15 his or her terms and conditions affected by the coming into operation of section 8 of the amending Act. (3) Any person who was a Conciliation Officer immediately before the relevant date-- 20 (a) is deemed to have been appointed as a Conciliation Officer by the Governor in Council under section 52D(1); and (b) subject to section 52H, is not to have his or her terms and conditions affected 25 by the coming into operation of section 8 of the amending Act. (4) Any conciliation proceeding in relation to a dispute that had not been completed immediately before the relevant date is to 46 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 9 11 Act No. continue as if Part 3 of the amending Act was not in force.'. 9. Other amendments concerning Conciliation Officers In the Accident Compensation Act 1985-- 5 (a) after section 32(4)(fa) insert-- "(fb) any payment required to meet the obligation imposed on the Authority by section 52L;"; (b) sections 54 and 58A(1) are repealed. 10 10. Substitution of section 58 For section 58 of the Accident Compensation Act 1985 substitute-- "58. Protection against liability for Conciliation Officers 15 (1) A Conciliation Officer is not personally liable for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the discharge of a duty under this Act; or 20 (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or 25 omission that would but for sub-section (1) attach to a Conciliation Officer attaches instead to the Service.". 11. Insertion of section 58B After section 58A of the Accident Compensation 30 Act 1985 insert-- 47 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 Act No. "58B. Offence to not comply with direction A person who is given a direction by a Conciliation Officer under this Division must comply with the direction. 5 Penalty: 50 penalty units.". _______________ 48 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 12 Act No. PART 4--OTHER AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985 12. Change to meaning of "remuneration" and "independent contractors" 5 (1) In the Accident Compensation Act 1985-- (a) in section 5(1), in the definition of "remuneration", in paragraph (d), after "remuneration to" insert "or in relation to"; (b) sections 9(1)(e)(iv) and 9(4) are repealed. 10 (2) In section 9(1)(e)(v) of the Accident Compensation Act 1985, after "public generally" insert "in that financial year". 13. Compulsory conciliation not required for claims for compensation for death 15 In section 49(1) of the Accident Compensation Act 1985, after "section 92," insert "92A, 92B,". 14. Extension of hearing loss examiner approvals In sections 91(5), 98(2AC) and 98E(4) of the Accident Compensation Act 1985, for 20 "12 months" substitute "3 years". 15. Application of modification to A.M.A. Guides After section 91(7B) of the Accident Compensation Act 1985 insert-- "(7C) If a regulation is made under sub-section 25 (7B), the A.M.A. Guides as modified by the regulation only apply in respect of an injury occurring on or after the date the modification takes effect.". 49 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 16 Act No. 16. Claim for compensation under sections 98 and 98A to include all injuries After section 103(8) of the Accident Compensation Act 1985 insert-- 5 "(9) A claim for compensation by a worker under section 98 or 98A must seek compensation for all injuries of the worker that are within the categories of injury listed in the Table to section 98(1) that are compensable under 10 that section and that are manifest and that have stabilised. (10) Sub-section (9) only applies in respect of claims for compensation that are given, served or lodged after the commencement of 15 section 16 of the Accident Compensation (Amendment) Act 2001. (11) Sub-section (9) only applies in respect of injuries of the worker arising out of, or in the course of, or due to the nature of, the 20 worker's employment with-- (a) the employer to, or on, whom the claim for compensation was given or served under section 103(1)(c); or (b) the employer referred to in section 106 25 if the claim for compensation was lodged with the Authority under that section; or (c) the employer referred to in Part 5 of the Accident Compensation (WorkCover 30 Insurance) Act 1993 if the claim for compensation was lodged with the Authority under that Part. 50 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 17 Act No. (12) Sub-section (9) does not apply to a worker who, at the time the claim for compensation was given, served or lodged-- (a) was under 18 years of age; or 5 (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder.". 10 17. Insertion of section 103A After section 103 of the Accident Compensation Act 1985 insert-- "103A. Restriction on certain claims for compensation under sections 98 and 98A 15 (1) If a worker makes a second or subsequent claim for compensation under section 98 or 98A, the worker is not entitled to compensation under that section in respect of an injury that would otherwise entitle the 20 worker to compensation under this Act-- (a) unless the injury was not manifest at the time the most recent previous claim was made; or (b) unless-- 25 (i) the injury had not stabilised at the time that the most recent previous claim was made; and (ii) that previous claim was accompanied by-- 30 (A) a written statement that identified the injury and that stated that the worker intended to claim compensation for the injury 51 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 18 Act No. under section 98 or 98A after it had stabilised; and (B) a written medical report, dated not more than 3 5 months before the date that previous claim was given, served or lodged, that supported the existence of the injury and stated that the 10 injury had not stabilised at the date of the report. (2) This section only applies in respect of second or subsequent claims for compensation that are made after the 15 commencement of section 17 of the Accident Compensation (Amendment) Act 2001. (3) This section does not apply to a worker who, at the time the claim for compensation was 20 given, served or lodged-- (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, 25 intellectual impairment, physical disability or mental disorder.". 18. Insertion of section 104AA Before section 104A of the Accident Compensation Act 1985 insert-- 30 "104AA. Withdrawal of claims for compensation under sections 98 and 98A (1) A worker may withdraw a claim for compensation under section 98 or 98A at any time before the certificate described in 52 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 18 Act No. section 104(8) is issued in respect of the claim. (2) To withdraw a claim, the worker must give the Authority or self-insurer a notice of 5 withdrawal that is in a form approved by the Authority. (3) On the Authority or self-insurer receiving a notice of withdrawal of a claim under this section, the claim is deemed, for the 10 purposes of taking further action under this Act, not to have been made. (4) Despite sub-section (3), if the worker withdraws a claim under this section after-- (a) a Conciliation Officer has referred a 15 medical question in relation to the claim to a Medical Panel under section 56(6); and (b) the Medical Panel has given its opinion on the question-- 20 that opinion has effect for the purposes of any subsequent claim for compensation under section 98 or 98A made by the worker in respect of which the opinion is relevant as if the opinion had been obtained for the 25 purposes of that subsequent claim. (5) This section applies to a claim regardless of whether or not it was given, served or lodged before, on or after the date of commencement of section 18 of the 30 Accident Compensation (Amendment) Act 2001.". 53 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 19 Act No. 19. Directions relating to certain claims for compensation (1) After section 104A(1) of the Accident Compensation Act 1985 insert-- "(1A) For the purposes of section 104AA, the 5 Minister may issue directions for or with respect to procedures for the withdrawal of claims of compensation under sections 98 and 98A.". (2) In section 104A(2) of the Accident 10 Compensation Act 1985, for "The directions" substitute "Directions under sub-section (1) or (1A)". (3) In sections 104A(5) and 104A(6) of the Accident Compensation Act 1985, for "The directions" 15 substitute "Directions made under sub- section (1)". 20. Extension of certain timelines in compensation claims process (1) In sections 104B(6), 104B(7) and 104B(10) of the 20 Accident Compensation Act 1985, for "14 days" substitute "60 days". (2) After section 104B(17) of the Accident Compensation Act 1985 insert-- "(18) This section as amended by section 20 of the 25 Accident Compensation (Amendment) Act 2001 only applies-- (a) in the case of sub-section (6), to any case in which the Authority or self- insurer obtained the assessments and 30 determination on or after the date of commencement of section 20 of that Act; 54 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 21 Act No. (b) in the case of sub-section (7), to any case in which the worker was advised under sub-section (6) on or after the date of commencement of section 20 of 5 that Act; (c) in the case of sub-section (10), to any case in which the Authority or self- insurer obtained the opinion of the Medical Panel under section 67 on or 10 after the date of commencement of section 20 of that Act.". 21. Omission of redundant phrase In section 114A(3) of the Accident Compensation Act 1985, for "Subject to sub- 15 section (4), notwithstanding" substitute "Despite". 22. Widening of ability of the Authority to consent to commencement of action for damages for post- 20/10/99 injuries out of time 20 (1) In section 134AB of the Accident Compensation Act 1985-- (a) in sub-section (12), for "sub-section (22)" substitute "sub-section (20) or (20A)"; (b) in sub-section (20)-- 25 (i) omit "(12) or" (wherever occurring); (ii) omit "commencement of the proceedings or". (2) After section 134AB(20) of the Accident Compensation Act 1985 insert-- 30 "(20A) If the Authority is satisfied that a worker is unable to commence proceedings in accordance with this section because of the operation of sub-section (12), on the application of the worker the Authority may 55 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 23 Act No. consent to the commencement of proceedings-- (a) either-- (i) earlier than 21 days after the date 5 the counter offer is made; or (ii) later than 51 days, but no later than 81 days, after that date-- if the Authority is satisfied that the defence of the proceedings will not be 10 prejudiced; or (b) later than 81 days after the date the counter offer is made if the Authority is satisfied that the failure to comply with sub-section (12) was not due to any 15 fault or omission of the worker or the worker's legal representative. (20B) The Authority may consent to the commencement of proceedings under sub- section (20A) even though the relevant time 20 limit expired before the date of commencement of section 22 of the Accident Compensation (Amendment) Act 2001.". 23. Widening of ability of the Authority to consent to 25 commencement of action for damages for other injuries out of time (1) In section 135A of the Accident Compensation Act 1985-- (a) in sub-section (2DE), after "sub-section 30 (6A)" insert "or (6B)"; 56 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 23 Act No. (b) in sub-section (6A)-- (i) omit "(2DE) or" (wherever occurring); (ii) omit "commencement of the proceedings or". 5 (2) After section 135A(6A) of the Accident Compensation Act 1985 insert-- "(6B) If the Authority is satisfied that a worker is unable to commence proceedings in accordance with this section because of the 10 operation of sub-section (2DE), on the application of the worker the Authority may consent to the commencement of proceedings-- (a) either-- 15 (i) earlier than 21 days after the date the counter offer is made; or (ii) later than 51 days, but no later than 81 days, after that date-- if the Authority is satisfied that the 20 defence of the proceedings will not be prejudiced; or (b) later than 81 days after the date the counter offer is made if the Authority is satisfied that the failure to comply with 25 sub-section (2DE) was not due to any fault or omission of the worker or the worker's legal representative. (6C) The Authority may consent to the commencement of proceedings under sub- 30 section (6B) even though the relevant time limit expired before the date of commencement of section 23 of the Accident Compensation (Amendment) Act 2001.". 57 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 24 Act No. 24. Limitation of Actions Act 1958 For section 135AC(b) of the Accident Compensation Act 1985 substitute-- "(b) if the cause of action arose before 5 12 November 1997 and the incapacity arising from the injury was not known until after 12 November 1997, unless an application for a determination from the worker under section 135A(2B) has been 10 made to the Authority or a self-insurer before the expiration of 3 years after the date the incapacity became known.". 25. Indemnity by third party In section 138(2) of the Accident Compensation 15 Act 1985, for "Division 9" substitute "Divisions 8A and 9". _______________ 58 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 26 Act No. PART 5--AMENDMENTS TO ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 26. Reduction of penalty and minor correction In the Accident Compensation (WorkCover 5 Insurance) Act 1993-- (a) in section 7(6), for "equal to" substitute "of up to"; (b) in section 25(1)(a), omit ", 19(3)". 27. Calculation of premiums 10 In section 17 of the Accident Compensation (WorkCover Insurance) Act 1993-- (a) for "(1) The" substitute "The"; (b) omit "the methods specified in". 28. Substitution of section 22 15 For section 22 of the Accident Compensation (WorkCover Insurance) Act 1993 substitute-- "22. Application by employer to review premium (1) An employer may apply to the Authority for the premium to be reviewed to determine 20 whether the amount of the premium is the amount calculated in accordance with the relevant premiums order. (2) On receiving such an application, the Authority must review the amount of the 25 premium.". 29. Payment of premiums For section 26(4) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute-- "(4) The Authority may, by notice in writing to 30 the employer, adjust the amount of the 59 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 30 Act No. premium so that the amount is the amount calculated in accordance with the relevant premiums order.". 30. Insertion of sections 2731 5 After section 26 of the Accident Compensation (WorkCover Insurance) Act 1993 insert-- "27. Review of premium (1) The Authority may, in its absolute discretion, review the amount calculated as a premium 10 in respect of one or more policy periods. (2) In conducting the review, the Authority may have regard to any matter relevant to the determination or calculation of the premium. 28. Adjustment of premium after review 15 (1) This section applies if, as the result of a review of a premium under section 22 or 27, the Authority is of the opinion that the amount calculated as the premium was not, or is not, calculated in accordance with the 20 relevant premiums order. (2) The Authority must, by notice in writing to the employer, adjust the amount of the premium so that the amount is the amount calculated in accordance with the relevant 25 premiums order. 29. Notice of adjustment (1) A notice to an employer under section 26(4) or 28(2) must state the amount of premium that is payable, or that should have been 30 paid, for the relevant period. 60 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 30 Act No. (2) On the giving of the notice to the employer, the amount stated under sub-section (1) becomes the premium payable by the employer. 5 30. Exercise of review and adjustment powers The Authority may exercise its powers under sections 22, 26, 27 and 28 regardless of whether or not-- (a) the premium has been fixed, demanded 10 or paid; or (b) the period being reviewed, or in respect of which an adjustment applies, is no longer the current policy period; or (c) the Authority has already reviewed the 15 amount calculated as the premium for any policy period being reviewed, or has already adjusted the premium; or (d) any circumstances have arisen that would, but for this paragraph, estop the 20 Authority from conducting a review of, or adjusting the amount of, the premium. 31. Application of review and adjustment powers 25 (1) The Authority is only entitled to recover the amount of any increased premium resulting from an adjustment under section 28 if the premium relates to one or more of the following-- 30 (a) the policy period current at the date on which the notice under section 28 in respect of the amount was given to the employer; 61 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 31 Act No. (b) any of the 4 completed policy periods before that period; (c) any other completed policy period if there is, or was, fraud on the part of the 5 employer or of any person acting, or apparently acting, on the employer's behalf. (2) The Authority may exercise its powers under sections 22, 26, 27 and 28 in respect of an 10 amount calculated as a premium that relates to a period that is before the date of commencement of section 30 of the Accident Compensation (Amendment) Act 2001.". 15 31. Minor consequential amendments (1) At the end of section 42 of the Accident Compensation (WorkCover Insurance) Act 1993 insert-- "(2) A reference to a premium in this section 20 includes a reference to a part of a premium.". (2) After section 68(5) of the Accident Compensation (WorkCover Insurance) Act 1993 insert-- "(6) A reference to a premium or penalty in this 25 section includes a reference to a part of a premium or penalty.". _______________ 62 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 32 Act No. PART 6--AMENDMENTS TO OTHER ACTS 32. Substitution of redundant reference For section 14(2B)(a) of the Dangerous Goods Act 1985 substitute-- 5 "(a) a person-- (i) who is employed in the Department of Natural Resources and Environment under the Public Sector Management and Employment Act 1998; and 10 (ii) who, in the opinion of the Authority, has sufficient knowledge and experience to competently exercise or perform the relevant power, function, authority or discretion; or". 15 33. Changes to regulation-making powers In the Dangerous Goods Act 1985, in Schedule 2, for clauses 2 and 3 substitute-- "2. Prohibiting or regulating the manufacture, storage, supply, installation, transfer, transport, sale, resale, 20 use or reuse of dangerous goods. 3. Prohibiting the manufacture, storage, supply, installation, transfer, transport, sale, resale, use or reuse of dangerous goods in particular circumstances, or otherwise than in accordance with specified 25 conditions.". 34. Removal of OHS provision from the Mineral Resources Development Act 1990 In the Mineral Resources Development Act 1990-- 30 (a) in the heading to Part 12, omit "SAFETY AND"; (b) section 105 is repealed. 63 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 35 Act No. 35. Changes to administrative and enforcement responsibilities (1) In section 38(1A) of the Occupational Health and Safety Act 1985, after "Petroleum Act 5 1998" insert ", the Extractive Industries Development Act 1995 or the Mineral Resources Development Act 1990". (2) In section 60 of the Occupational Health and Safety Act 1985-- 10 (a) in sub-section (2)(b), for "1982; and" substitute "1982."; (b) sub-sections (2)(c) and (4) are repealed. 36. Changes to regulation-making powers (1) In section 59(6) of the Occupational Health and 15 Safety Act 1985-- (a) after "clause 8" insert ", 14A, 14B"; (b) after paragraph (b) insert-- "(ba) the refusal to grant or renew a registration or licence in respect of the 20 carrying out of specified work or activities; or"; (c) in paragraph (c)-- (i) for "upon which" substitute "applying to"; 25 (ii) omit "were granted"; (d) after paragraph (c) insert-- "(ca) the variation of the terms and conditions applying to a registration or licence in respect of the carrying out of 30 specified work or activities; or (cb) the cancellation or suspension of a registration or licence in respect of the 64 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 s. 37 Act No. carrying out of specified work or activities; or". (2) In Schedule One of the Occupational Health and Safety Act 1985, after clause 14 insert-- 5 "14A. Prohibiting the carrying out of specified work or activities at workplaces, or in relation to specified plant or substances, except by an employer or other specified person who is registered or licensed by the Authority or any other specified person or body. 10 14B. In relation to the registration or licensing of people to carry out specified work or activities-- (a) specifying who may apply and how the applications are to be made, processed and determined; 15 (b) imposing, or providing for the imposition of, terms and conditions in relation to registrations and licences, and for the variation of those terms and conditions; (c) specifying the circumstances in which a 20 registration or licence may be cancelled or suspended; (d) specifying how a registration or licence may be renewed.". 37. Change to meaning of "supply of services in relation 25 to performance of work" Sections 3C(1)(e)(iv) and 3C(4) of the Pay-roll Tax Act 1971 are repealed. 65 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 Endnotes Act No. ENDNOTES 66 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

Accident Compensation (Amendment) Act 2001 Act No. By Authority. Government Printer for the State of Victoria. 67 541219B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

[Index] [Search] [Download] [Related Items] [Help]