ACCIDENT COMPENSATION (AMENDMENT) BILL 2005

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ACCIDENT COMPENSATION (AMENDMENT) BILL 2005

PARLIAMENT OF VICTORIA Accident Compensation (Amendment) Act 2005 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2--ACCIDENT COMPENSATION ACT 1985 4 Division 1--Non-WorkCover Employers 4 3. Amendment of sections 141, 142 and 142C 4 4. Amendment of section 148 5 5. New sections 151A and 151B inserted 5 151A. Provisions to apply where subsidiary of body corporate becomes a non-WorkCover employer 5 151B. Non-WorkCover employer ceases to be a self-insurer 7 6. New Part VIA inserted 7 PART VIA--NON-WORKCOVER EMPLOYERS 7 164. Definitions 7 165. Authority retains or assumes liability for tail claims 10 166. Actuary to assess tail claims liabilities 11 167. Obligation of non-WorkCover employer who was insured under a WorkCover insurance policy 12 168. Obligation of non-WorkCover employer who was a self-insurer or a subsidiary of a self-insurer to which this Part applies 12 169. Annual assessment of tail claims liabilities 13 170. Adjustment of payments as at the end of the third year 14 171. Adjustment of payments as at the end of the sixth year 14 172. Provision of guarantees 15 173. Review of final revised assessment at the end of the liability period 17 174. Liability of Authority under this Part 19 175. Legal proceedings excluded 19 176. Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer 19 i 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Clause Page Division 2--Provisions relating to the Crown 20 7. New section 14A inserted 20 14A. Act binds the Crown 20 8. New sections 250B and 250C inserted 20 250B. Responsible agency for the Crown 20 250C. Proceedings against successors to public bodies 21 Division 3--Secrecy Provisions 22 9. Amendment of section 5--Definitions 22 10. Amendment of section 155--Secrecy provisions 22 11. Amendment of section 243--Secrecy provisions applying to Act except Parts 6 and 7 24 12. Amendment of section 244--Secrecy provisions applying to Part 7 25 Division 4--Amendments relating to Common Seals 26 13. Amendment of section 18 26 14. Consequential amendments 27 15. Amendment of section 52A 27 16. New section 52LA inserted--Signature 27 52LA. Signature 27 Division 5--Amendments relating to Compensation for Hearing Loss 28 17. Amendment of section 89--Further loss of hearing 28 18. Amendment of section 91--Assessment of impairment 28 19. Amendment of section 98C--Compensation for non-economic loss 29 20. Amendment of section 270 31 Division 6--Amendments relating to Weekly Payments 31 21. Amendment of section 39--Jurisdiction--general 31 22. Amendment of section 111--Worker's capacity for work 32 23. Amendment of sections 114 and 114B--Termination or alteration of weekly payments 32 Division 7--Transitional Provisions 33 24. New Division 5 inserted into Part IX 33 Division 5--Accident Compensation (Amendment) Act 2005 33 284. Sections 89, 91 and 98C--(claims for compensation for further loss of hearing) 33 285. Sections 111, 114 and 114B 34 ii 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Clause Page Division 8--Section 85 Provision 34 25. New section 252G inserted 34 252G. Supreme Court--limitation of jurisdiction 34 PART 3--ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 35 Division 1--Rateable Remuneration 35 26. Amendment of section 8--Rateable remuneration 35 Division 2--Consequential Amendments 35 27. Consequential amendments 35 PART 4--OCCUPATIONAL HEALTH AND SAFETY ACT 2004 37 28. Amendment of section 5--Definitions 37 29. New sections 151A to 151F inserted 38 151A. Contributions by non-WorkCover employers to the WorkCover Authority Fund 38 151B. Provision of return by non-WorkCover employers 42 151C. Authority may require non-WorkCover employer to provide further information 43 151D. Authority may require information from non- WorkCover employers 44 151E. Authority may require non-WorkCover employer to facilitate the provision of information 45 151F. Application of sections 151A to 151E 45 PART 5--TRANSPORT ACCIDENT ACT 1986 46 Division 1--Amendments relating to Official Seal 46 30. Amendment of section 10 46 31. Consequential amendments 46 Division 2--Statute Law Revision 47 32. Statute law revision 47 ENDNOTES 48 iii 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

PARLIAMENT OF VICTORIA A BILL to amend the Accident Compensation Act 1985, the Accident Compensation (WorkCover Insurance) Act 1993, the Occupational Health and Safety Act 2004 and the Transport Accident Act 1986 and for other purposes. Accident Compensation (Amendment) Act 2005 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is-- (a) to amend the Accident Compensation Act 1985-- 5 1 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 1--Preliminary s. 2 (i) to provide for employers who exit the WorkCover Scheme and to deal with the liability for, and the responsibility for management of, the tail claims of such employers; 5 (ii) to expressly bind the Crown; (iii) to revise the secrecy provisions; (iv) to remove the requirements for common seals; (v) to clarify the operation of the hearing 10 loss provisions; (vi) to improve the operation of the provisions relating to weekly payments; (b) to amend the Accident Compensation (WorkCover Insurance) Act 1993 in 15 relation to rateable remuneration; (c) to amend the Occupational Health and Safety Act 2004 to require employers who exit the WorkCover Scheme to contribute towards the costs and expenses incurred by 20 the Authority for the provision of occupational health, safety and welfare regulation and related education and prevention services; (d) to amend the Transport Accident Act 1986 25 to remove the requirement that the Transport Accident Commission must have an official seal. 2. Commencement (1) This Part, Divisions 2, 4, 6, 7 and 8 of Part 2, 30 Division 2 of Part 3 and Division 1 of Part 5 come into operation on the day after the day on which this Act receives the Royal Assent. 2 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 1--Preliminary s. 2 (2) Division 2 of Part 5 is deemed to have come into operation on 2 December 2003. (3) Division 5 of Part 2 is deemed to have come into operation on 18 November 2004. (4) Divisions 1 and 3 of Part 2, Division 1 of Part 3 5 and Part 4 come into operation on 1 July 2005. __________________ 3 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 3 See: PART 2--ACCIDENT COMPENSATION ACT 1985 Act No. 10191. Reprint No. 13 Division 1--Non-WorkCover Employers as at 21 December 2004 3. Amendment of sections 141, 142 and 142C and amending (1) In section 141(1)(b) of the Accident Act Nos Compensation Act 1985, after "subsidiaries" 5 60/1996, 107/1997, insert "which is not a non-WorkCover employer 95/2003, within the meaning of Part VIA". 102/2004, 107/2004 and (2) After section 142(4)(a) of the Accident 108/2004. LawToday: Compensation Act 1985 insert-- www.dms. dpc.vic. "(aa) is subject to a deemed condition that the 10 gov.au body corporate is under a contractual obligation that if it becomes a non- WorkCover employer within the meaning of Part VIA it will make any payments in respect of tail claims liabilities required to be 15 made in accordance with that Part; and". (3) After section 142C(3)(a) of the Accident Compensation Act 1985 insert-- "(aa) is subject to a deemed condition that the partnership is under a contractual obligation 20 that if it becomes a non-WorkCover employer within the meaning of Part VIA it will make any payments in respect of tail claims liabilities required to be made in accordance with that Part; and". 25 4 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 4 4. Amendment of section 148 After section 148(3)(a) of the Accident Compensation Act 1985 insert-- "(aa) a subsidiary of a holding company that is a holding company that is approved as a self- 5 insurer under this Part becomes a non- WorkCover employer within the meaning of Part VIA; (ab) a subsidiary to which paragraph (aa) applies ceases to be a non-WorkCover employer 10 within the meaning of Part VIA;". 5. New sections 151A and 151B inserted After section 151 of the Accident Compensation Act 1985 insert-- "151A. Provisions to apply where subsidiary of 15 body corporate becomes a non- WorkCover employer (1) The Authority must in a review on the ground specified in section 148(3)(aa) determine whether-- 20 (a) the body corporate should retain; or (b) the Authority should assume-- the liability in respect of the assessed liability within the meaning of section 146, being the liability that the body corporate 25 would have had, if the subsidiary of the body corporate had not become a non-WorkCover employer, in respect of injuries or deaths incurred or suffered by workers employed by the subsidiary and which entitle a worker or 30 a worker's dependants to compensation (whether under this Act, at common law or otherwise) and whether or not a claim for compensation has been made. 5 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 5 (2) If the Authority assumes the liability referred to in sub-section (1)-- (a) Part VIA applies in respect of that liability; (b) the body corporate must ensure that 5 there are given to the Authority forthwith all claims and other relevant documents relating to claims under this Act that are in the possession of the body corporate in respect of that 10 liability; (c) a person who, but for this section, would have been required by this Act to lodge a claim for compensation with the body corporate as a self-insurer, 15 may lodge the claim with the Authority; (d) Part IV applies to the Authority as if it were a self-insurer and, in relation to any proceedings to which the body corporate was a party as a self-insurer 20 immediately before the Authority assumed the liability of the body corporate, as if the Authority were that party. (3) If a subsidiary of a body corporate which is 25 approved as a self-insurer becomes a non- WorkCover employer within the meaning of Part VIA, that subsidiary is for the purposes of this Part deemed not to be a subsidiary of that body corporate for the period that it is a 30 non-WorkCover employer within the meaning of Part VIA. 6 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 151B. Non-WorkCover employer ceases to be a self-insurer If a body corporate becomes a non- WorkCover employer, the approval of that body corporate as a self-insurer is revoked as 5 from the exit date within the meaning of section 164.". 6. New Part VIA inserted After Part VI of the Accident Compensation Act 1985 insert-- 10 'PART VIA--NON-WORKCOVER EMPLOYERS 164. Definitions In this Part-- "actuary" means a fellow or accredited member of the Institute of Actuaries of 15 Australia approved by the Authority; "available assets" means the portion of the Authority's total assets assessed by an actuary calculated, with reference to the last audited financial statements of the 20 Authority, to be available to fund the tail claims liabilities; "exit date" means the date on which an employer becomes a non-WorkCover employer; 25 "initial assessment" means the assessment of tail claims liabilities under section 166; "liability period" means the period of 6 years commencing from the exit date; 30 7 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 "non-WorkCover employer" means an employer who-- (a) on or after the commencement of section 6 of the Accident Compensation (Amendment) 5 Act 2005, becomes licensed under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth after a declaration of eligibility 10 under that Part made on the basis that the employer is a corporation carrying on business in competition with a Commonwealth authority or with 15 another corporation that was previously a Commonwealth authority; and (b) would otherwise be required-- (i) to obtain and keep a 20 WorkCover insurance policy; or (ii) to be approved as a self- insurer; or (iii) to be a subsidiary of a 25 holding company which is approved to be a self-insurer; "revised assessment" means the assessment of tail claims liabilities under section 169; 30 8 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 "tail claims" means claims whether made before, on or after the exit date-- (a) in respect of injuries or deaths incurred or suffered by workers employed by the non-WorkCover 5 employer while the non- WorkCover employer was-- (i) insured under a WorkCover insurance policy; or (ii) a self-insurer; or 10 (iii) a subsidiary of a self-insurer; and (b) which entitle a worker or the dependants of a worker to compensation whether under this 15 Act, at common law or otherwise; "tail claims liabilities" means the sum of the actuarial value of the current, non- current and contingent liabilities immediately before the exit date in 20 respect of tail claims under this Act of the non-WorkCover employer while the non-WorkCover employer was-- (a) insured under a WorkCover insurance policy; or 25 (b) a self-insurer; or (c) a subsidiary of a self-insurer. 9 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 165. Authority retains or assumes liability for tail claims On the exit date the Authority-- (a) if the non-WorkCover employer was insured under a WorkCover insurance 5 policy, retains-- (i) the liability for; and (ii) the responsibility for management of-- the tail claims of the non-WorkCover 10 employer; or (b) if the non-WorkCover employer was a self-insurer, assumes-- (i) the liability for; and (ii) the responsibility for management 15 of-- the tail claims of the non-WorkCover employer; or (c) if the non-WorkCover employer was a subsidiary of a self-insurer and the 20 Authority has determined to assume liability under section 151A, assumes-- (i) the liability for; and (ii) the responsibility for management of-- 25 the tail claims of the non-WorkCover employer. 10 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 166. Actuary to assess tail claims liabilities (1) If the non-WorkCover employer was insured under a WorkCover insurance policy, an actuary appointed by the Authority must undertake an assessment of-- 5 (a) the tail claims liabilities; and (b) the available assets. (2) If the non-WorkCover employer was a self- insurer or a subsidiary of a self-insurer to which this Part applies, an actuary appointed 10 by the Authority must assess the tail claims liabilities. (3) If a non-WorkCover employer referred to in sub-section (2) fails to permit the actuary to inspect the books of the non-WorkCover 15 employer to enable that assessment to be made, the tail claims liabilities are deemed to be the amount that the actuary determines to be the tail claims liabilities of the non- WorkCover employer. 20 (4) The non-WorkCover employer must pay the cost of conducting the assessment. (5) The actuary must provide the non- WorkCover employer with a copy of the proposed assessment. 25 (6) The non-WorkCover employer may provide comments to the actuary within 28 days of receiving a copy of the proposed assessment or within any further period as may be agreed between the Authority and the non- 30 WorkCover employer. (7) The actuary must finalise the assessment after considering any comments received under sub-section (6). 11 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 167. Obligation of non-WorkCover employer who was insured under a WorkCover insurance policy (1) If the non-WorkCover employer was insured under a WorkCover insurance policy and the 5 initial assessment is that the tail claims liabilities exceed the available assets, the non-WorkCover employer must pay the amount of the difference to the Authority. (2) The non-WorkCover employer must pay the 10 amount under sub-section (1) within 28 days of receiving a notice of that initial assessment from the Authority or within any further period as may be agreed between the Authority and the non-WorkCover employer. 15 (3) If the amount under sub-section (1) is not paid to the Authority in accordance with sub- section (2), the amount together with interest at the prescribed rate may be recovered by the Authority as a civil debt recoverable 20 summarily. 168. Obligation of non-WorkCover employer who was a self-insurer or a subsidiary of a self-insurer to which this Part applies (1) If the non-WorkCover employer was a self- 25 insurer or a subsidiary of a self-insurer to which this Part applies, the non-WorkCover employer must pay the amount of the tail claims liabilities as assessed in the initial assessment to the Authority. 30 (2) The non-WorkCover employer must pay the amount under sub-section (1) within 28 days of receiving a notice of that initial assessment from the Authority or within any further period as may be agreed between the 35 Authority and the non-WorkCover employer. 12 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 (3) If the amount under sub-section (1) is not paid to the Authority in accordance with sub- section (2), the amount together with interest at the prescribed rate may be recovered by the Authority as a civil debt recoverable 5 summarily. 169. Annual assessment of tail claims liabilities (1) The Authority must ensure that an actuary appointed by the Authority undertakes an assessment of the tail claims liabilities as at 10 the end of each year during the liability period. Note: Section 44(6)(c) of the Interpretation of Legislation Act 1984 provides that a 15 reference, without qualification, to a year shall be construed as a reference to a period of 12 months. (2) The non-WorkCover employer must pay the cost of conducting the assessment. (3) The actuary must provide the non- 20 WorkCover employer with a copy of the proposed assessment. (4) The non-WorkCover employer may provide comments to the actuary within 28 days of receiving a copy of the proposed assessment 25 or within any further period as may be agreed between the Authority and the non- WorkCover employer. (5) The actuary must finalise the assessment after considering any comments received 30 under sub-section (4). 13 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 170. Adjustment of payments as at the end of the third year (1) If the revised assessment of the tail claims liabilities as at the end of the third year of the liability period exceeds the initial assessment 5 of the tail claims liabilities, the non- WorkCover employer must pay the amount of the difference to the Authority. (2) The non-WorkCover employer must pay the amount under sub-section (1) within 28 days 10 of receiving a notice of that revised assessment from the Authority or within any further period as may be agreed between the Authority and the non-WorkCover employer. (3) If the amount under sub-section (1) is not 15 paid to the Authority in accordance with sub- section (2), the amount together with interest at the prescribed rate may be recovered by the Authority as a civil debt recoverable summarily. 20 (4) If the revised assessment of the tail claims liabilities as at the end of the third year of the liability period is less than the initial assessment of the tail claims liabilities, the Authority must pay the amount of the 25 difference to the non-WorkCover employer. 171. Adjustment of payments as at the end of the sixth year (1) If the revised assessment of the tail claims liabilities as at the end of the sixth year of 30 the liability period exceeds the revised assessment of the tail claims liabilities as assessed at the end of the third year of the liability period, the non-WorkCover employer must pay the amount of the 35 difference to the Authority. 14 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 (2) The non-WorkCover employer must pay the amount under sub-section (1) within 28 days of receiving a notice of that revised assessment from the Authority or within any further period as may be agreed between the 5 Authority and the non-WorkCover employer. (3) If the amount under sub-section (1) is not paid to the Authority in accordance with sub- section (2), the amount together with interest at the prescribed rate may be recovered by 10 the Authority as a civil debt recoverable summarily. (4) If the revised assessment of the tail claims liabilities as at the end of the sixth year of the liability period is less than the revised 15 assessment of the tail claims liabilities as assessed at the end of the third year of the liability period, the Authority must pay the amount of the difference to the non- WorkCover employer. 20 172. Provision of guarantees (1) A non-WorkCover employer must ensure that there is in force a guarantee-- (a) against insolvency risk given by an authorised deposit-taking institution to 25 or in favour of the Authority in a form approved by the Authority in respect of 50% of-- (i) in relation to the first year of the liability period, the initial 30 assessment of tail claims liabilities until the end of the first year after the exit date; (ii) in relation to the second and subsequent years of the liability 35 period, the revised amount of the 15 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 tail claims liabilities still outstanding as assessed at the end of each subsequent year for the duration of the next year until the date a payment (if any) is made 5 under section 171; and (b) against claims deterioration given by an authorised deposit-taking institution to or in favour of the Authority in a form approved by the Authority-- 10 (i) in relation to the period from the exit date until the date a payment is made under section 170 or if no payment is required, until the date which is 28 days after the notice 15 of assessment is received under section 170, for the amount, if any, by which the revised assessment of tail claims liabilities at the end of each year exceeds the 20 initial assessment of tail claims liabilities; (ii) in relation to the period from the end of the period referred to in sub-paragraph (i) until the date a 25 payment is made under section 171 or if no payment is required, until the date which is 28 days after the notice of assessment is received under 30 section 171, or if a review is conducted under section 173, until the date on which the review is finalised, for the amount, if any, by which the revised assessment 35 of tail claims liabilities at the end of each year exceeds the revised assessment of tail claims liabilities 16 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 as assessed at the end of the third year. (2) If-- (a) the non-WorkCover employer fails to make a payment required under 5 section 170 or 171; or (b) any of the following occurs-- (i) the non-WorkCover employer is under official management, is commenced to be wound up or has 10 ceased to carry on business; (ii) a receiver or receiver and manager is appointed in respect of the property or part of the property of the non-WorkCover employer 15 under the Corporations Law or the corresponding law of another State or Territory; (iii) the non-WorkCover employer enters into a compromise or 20 scheme of arrangement with its creditors-- the Authority may recover under a guarantee under this section any loss suffered by the Authority. 25 173. Review of final revised assessment at the end of the liability period (1) If a non-WorkCover employer disputes the final revised assessment made under section 169 as at the end of the liability 30 period, the non-WorkCover employer may appoint an actuary to review the final revised assessment. (2) The non-WorkCover employer must pay the cost of conducting the review. 35 17 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 (3) The actuary appointed by the non- WorkCover employer must provide comments to the actuary who made the final revised assessment within 28 days of the non-WorkCover employer receiving a copy 5 of the final revised assessment. (4) If the actuary appointed by the non- WorkCover employer and the actuary who made the final revised assessment are unable to reach agreement, the non-WorkCover 10 employer and the Authority may agree-- (a) to jointly appoint another actuary to review the final revised assessment; and (b) to be bound by the decision of that 15 actuary. (5) The costs of a review conducted under sub- section (4) are to be borne equally by the non-WorkCover employer and the Authority. (6) If-- 20 (a) the actuary appointed by the non- WorkCover employer and the actuary who made the final revised assessment were unable to reach agreement; and (b) the non-WorkCover employer and the 25 Authority do not enter into an agreement under sub-section (4) within 28 days after the period referred to in sub-section (3)-- the final revised assessment under 30 section 169 is by virtue of this sub-section binding on the non-WorkCover employer and the Authority. 18 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 6 174. Liability of Authority under this Part Except as is otherwise expressly provided in this Part, the Authority is not liable to make any payment or repayment to a non- WorkCover employer under this Part. 5 175. Legal proceedings excluded No proceedings-- (a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo 10 warranto, or the grant of a declaration or an injunction; or (b) seeking any order under the Administrative Law Act 1978-- may be brought against the Authority, an 15 actuary or any other person in respect of any assessment under this Part, or any proceedings relating to such an assessment or any other act, matter or thing incidental to the conduct of such an assessment. 20 176. Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer This Part continues to apply until the end of the liability period in respect of the tail 25 claims of a non-WorkCover employer who ceases to be a non-WorkCover employer and becomes-- (a) insured under a WorkCover insurance policy; or 30 (b) a self-insurer; or (c) a subsidiary of a self-insurer.'. 19 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 7 Division 2--Provisions relating to the Crown 7. New section 14A inserted After section 14 of the Accident Compensation Act 1985 insert-- "14A. Act binds the Crown 5 (1) This Act binds the Crown-- (a) in right of the State of Victoria; and (b) to the extent that the legislative power of the Parliament permits, in all its other capacities. 10 (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.". 8. New sections 250B and 250C inserted After section 250A of the Accident 15 Compensation Act 1985 insert-- '250B. Responsible agency for the Crown (1) If proceedings are brought against the Crown for an offence against this Act or the Accident Compensation (WorkCover 20 Insurance) Act 1993 or the regulations under those Acts, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings. 25 (2) In this section, the "responsible agency" in respect of an offence is the agency of the Crown-- (a) whose acts or omissions are alleged to constitute the offence; or 30 (b) if that agency has ceased to exist, that is the successor of that agency; or 20 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 8 (c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency. (3) The responsible agency in respect of an 5 offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are 10 conferred or imposed on the responsible agency. (4) The person prosecuting the offence may change the responsible agency during the proceedings with the court's leave. 15 250C. Proceedings against successors to public bodies (1) In this section, "public body" means-- (a) a body corporate representing the Crown; or 20 (b) a State owned enterprise or reorganising body (within the meaning of the State Owned Enterprises Act 1992); or (c) a Council (within the meaning of the 25 Local Government Act 1989); or (d) a public entity (within the meaning of the Public Administration Act 2004). (2) Proceedings for an offence against this Act or the Accident Compensation 30 (WorkCover Insurance) Act 1993 or the regulations under those Acts that were instituted against a public body before its dissolution, or that could have been instituted against a public body if not for its 35 21 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 9 dissolution, may be continued or instituted against its successor if the successor is a public body.'. Division 3--Secrecy Provisions 9. Amendment of section 5--Definitions 5 In section 5(1) of the Accident Compensation Act 1985, after the definition of "company" insert-- ' "corresponding Authority" means a Government department or a statutory 10 authority of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the Accident 15 Compensation (WorkCover Insurance) Act 1993, the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 or the Road Transport (Dangerous 20 Goods) Act 1995;'. 10. Amendment of section 155--Secrecy provisions (1) For section 155(2)(c)(i) of the Accident Compensation Act 1985 substitute-- "(i) the Secretary to the Department of Treasury 25 and Finance; (ii) the Secretary to the Department of Innovation, Industry and Regional Development; (iia) a corresponding Authority; 30 22 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 10 (iib) an authority, department or public body, within the meaning of the Financial Management Act 1994, which has functions in relation to particular accident compensation matters arising under this Act 5 or any other Act; (iic) a committee of the Parliament; (iid) a person or body approved by the Governor in Council;". (2) For section 155(2)(d) of the Accident 10 Compensation Act 1985 substitute-- "(d) producing a document or disclosing information which is required or permitted to be produced or disclosed by or under this Act or any other Act.". 15 (3) After section 155(2) of the Accident Compensation Act 1985 insert-- "(3) The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under sub-section 20 (2)(c)(iid) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year. (4) The report must include the following matters in respect of each request-- 25 (a) the name of the person sought to be approved; (b) the reason for the request; (c) the date of the request; (d) whether the request was approved or 30 refused.". 23 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 11 11. Amendment of section 243--Secrecy provisions applying to Act except Parts 6 and 7 (1) Before section 243(1)(a) of the Accident Compensation Act 1985 insert-- "(aa) a member of the Board;". 5 (2) For section 243(2)(c)(i) of the Accident Compensation Act 1985 substitute-- "(i) the Secretary to the Department of Innovation, Industry and Regional Development;". 10 (3) After section 243(2)(c)(iva) of the Accident Compensation Act 1985 insert-- "(ivab) a corresponding Authority; (ivac) an authority, department or public body, within the meaning of the Financial 15 Management Act 1994, which has functions in relation to particular accident compensation matters arising under this Act or any other Act;". (4) For section 243(2)(d) of the Accident 20 Compensation Act 1985 substitute-- "(d) producing a document or disclosing information which is required or permitted to be produced or disclosed by or under this Act or any other Act.". 25 (5) For section 243(3) of the Accident Compensation Act 1985 substitute-- "(2A) The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under sub-section 30 (2)(c)(viii) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year. 24 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 12 (3) The report must include the following matters in respect of each request-- (a) the name of the person sought to be approved; (b) the reason for the request; 5 (c) the date of the request; (d) whether the request was approved or refused.". 12. Amendment of section 244--Secrecy provisions applying to Part 7 10 (1) Before section 244(1)(a) of the Accident Compensation Act 1985 insert-- "(aa) a member of the Board; or". (2) For section 244(2)(c)(va) of the Accident Compensation Act 1985 substitute-- 15 "(va) the Secretary to the Department of Innovation, Industry and Regional Development; (vb) a corresponding Authority; (vc) an authority, department or public body, 20 within the meaning of the Financial Management Act 1994, which has functions in relation to particular accident compensation matters arising under this Act or any other Act;". 25 (3) For section 244(2)(d) of the Accident Compensation Act 1985 substitute-- "(d) producing a document or disclosing information which is required or permitted to be produced or disclosed by or under this 30 Act or any other Act.". 25 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 13 (4) For section 244(3) of the Accident Compensation Act 1985 substitute-- "(3) The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under sub-section 5 (2)(c)(x) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year. (4) The report must include the following matters in respect of each request-- 10 (a) the name of the person sought to be approved; (b) the reason for the request; (c) the date of the request; (d) whether the request was approved or 15 refused.". Division 4--Amendments relating to Common Seals 13. Amendment of section 18 (1) Section 18(2)(b) of the Accident Compensation Act 1985 is repealed. 20 (2) For sections 18(3) and 18(4) of the Accident Compensation Act 1985 substitute-- "(3) A document is executed by the Authority if the document is signed by-- (a) 2 Directors of the Board; or 25 (b) 1 Director of the Board and the person who is designated by the Board to be the Secretary to the Board. (4) A person may assume that a document has been duly executed by the Authority if the 30 document appears to have been signed in accordance with sub-section (3). 26 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 14 (5) All courts, judges and persons acting judicially must take judicial notice of the signatures on a document which appears to have been signed in accordance with sub- section (3).". 5 14. Consequential amendments In sections 21(1) and 23(1) of the Accident Compensation Act 1985 omit "under its common seal" (wherever occurring). 15. Amendment of section 52A 10 Sections 52A(3)(d), 52A(4) and 52A(5) of the Accident Compensation Act 1985 are repealed. 16. New section 52LA inserted--Signature After section 52L of the Accident Compensation Act 1985 insert-- 15 "52LA. Signature (1) Any document or copy of a document issuing out of the office of the Service and bearing the written, stamped or printed signature of the Senior Conciliation Officer 20 or a person authorised by the Senior Conciliation Officer is, until the contrary is proved, deemed to have been duly signed by the person by whom it purports to have been signed. 25 (2) Judicial notice is to be taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of the Senior Conciliation Officer or is or has been a person authorised 30 by the Senior Conciliation Officer.". 27 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 17 Division 5--Amendments relating to Compensation for Hearing Loss 17. Amendment of section 89--Further loss of hearing (1) After section 89(3)(a) of the Accident Compensation Act 1985 insert-- 5 "Note: The percentage NAL loss is to be determined in accordance with section 91(4). The percentage NAL loss is then converted in accordance with section 91(3).". (2) After section 89(3)(b) of the Accident 10 Compensation Act 1985 insert-- "Note: The percentage NAL loss is to be determined in accordance with section 89(3C). The percentage NAL loss is then converted in accordance with 15 section 91(3A).". 18. Amendment of section 91--Assessment of impairment For section 91(3A) of the Accident Compensation Act 1985 substitute-- "(3AA) In the case of a further injury, for the 20 purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment from which the worker was suffering immediately after the further injury in respect of which 25 the claim is made, the percentage of the diminution of hearing is to be determined in accordance with sub-section (4) and converted in accordance with sub- section (3). 30 28 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 19 (3A) In the case of a further injury, for the purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment in respect of prior injury or prior hearing loss, the 5 percentage of the diminution of hearing is to be determined in accordance with sections 89(3C) and 89(3D) and converted as follows-- (a) if the binaural loss of hearing is less 10 than 10 per cent NAL, the degree of impairment is equal to that per cent (rounded up to the next whole number); (b) if the binaural loss of hearing is 10 per cent NAL, the degree of impairment is 15 10 per cent; (c) if the binaural loss of hearing is more than 10 per cent NAL, the degree of impairment is the percentage equivalent of the number (rounded up to the next 20 whole number) given by the formula-- 10 + [0278 (NAL - 10)]-- where NAL is the percentage of diminution of hearing determined in accordance with sections 89(3C) and 89(3D).". 25 19. Amendment of section 98C--Compensation for non-economic loss For section 98C(3A) of the Accident Compensation Act 1985 substitute-- '(3A) Despite sub-section (1), the amount of non- 30 economic loss in respect of industrial deafness in respect of a further injury is to be calculated as at the date of the relevant injury as follows-- 29 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 19 (a) if T is not less than 10% and not more than 30% and P is less than 10%--the amount of the non-economic loss is to be determined in accordance with the formula-- 5 [(T - 10) � $2220] + [(10 - P) � $1481]; (b) if T is not less than 10% and not more than 30% and P is not less than 10%-- the amount of the non-economic loss is 10 to be determined in accordance with the formula-- [(T - P) � $2220]; (c) if T is more than 30% and P is less than 10%--the amount of the non-economic 15 loss is to be determined in accordance with the formula-- [(T - 30) � $3700] + [(30 - 10) � $2220] + [(10 - P) � $1481]; (d) if T is more than 30% and P is not less 20 than 10% and is less than 30%--the amount of the non-economic loss is to be determined in accordance with the formula-- [(T - 30) � $3700] + [(30 - P) � 25 $2220]; (e) if T is more than 30% and P is not less than 30%--the amount of the non- economic loss is to be determined in accordance with the formula-- 30 [(T - P) � $3700]-- where-- 30 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 20 "T" is the percentage referred to in section 89(3)(a) rounded up to the next whole number, after that percentage has been converted in accordance with section 91(3); 5 "P" is the total percentage referred to in section 89(3)(b) rounded up to the next whole number, after that percentage has been converted in accordance with section 91(3A).'. 10 20. Amendment of section 270 (1) In section 270(2) of the Accident Compensation Act 1985 for "before" (where thirdly occurring) substitute "after". (2) After section 270(2) of the Accident 15 Compensation Act 1985 insert-- "(3) Sections 89 and 91 as in force before the commencement of sections 15 and 16 of the Accident Compensation Legislation (Amendment) Act 2004 continue to apply in 20 respect of a claim for compensation in respect of a further injury which occurred before 12 November 1997 lodged under section 98 or 98A whether before, on or after that commencement.". 25 Division 6--Amendments relating to Weekly Payments 21. Amendment of section 39--Jurisdiction--general After section 39(1) of the Accident Compensation Act 1985 insert-- "(1AA) If the County Court is exercising the 30 jurisdiction conferred by sub-section (1) in a proceeding relating to the entitlement of a worker to weekly payments, the County Court has the jurisdiction in the proceeding 31 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 22 to inquire into, hear and determine any question or matter under this Act relating to any termination or alteration of any entitlement to weekly payments by virtue of this Act.". 5 22. Amendment of section 111--Worker's capacity for work (1) In section 111(1) of the Accident Compensation Act 1985 for "A worker" substitute "Subject to sub-section (1A), a worker". 10 (2) After section 111(1) of the Accident Compensation Act 1985 insert-- "(1A) If a decision to reject a claim for weekly payments or to terminate weekly payments is set aside, a worker is not required to comply 15 with sub-section (1) in respect of any period from the date that the decision took effect until the day on which the decision is set aside.". 23. Amendment of sections 114 and 114B--Termination 20 or alteration of weekly payments (1) After section 114(1) of the Accident Compensation Act 1985 insert-- "(1A) Sub-sections (2) to (13) only apply if the worker is currently receiving weekly 25 payments as at the date of the change in the entitlement of the worker to weekly payments.". (2) In section 114B(3) of the Accident Compensation Act 1985-- 30 (a) for "Notwithstanding" substitute "If sub- section (1) applies and notwithstanding"; (b) omit "within the meaning of section 93B(3A)". 32 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 24 Division 7--Transitional Provisions 24. New Division 5 inserted into Part IX After section 283 of the Accident Compensation Act 1985 insert-- "Division 5--Accident Compensation 5 (Amendment) Act 2005 284. Sections 89, 91 and 98C--(claims for compensation for further loss of hearing) (1) Subject to sub-section (2), sections 89, 91 and 98C as amended by sections 17 to 19 of 10 the Accident Compensation (Amendment) Act 2005 apply in respect of a claim for compensation lodged under section 98C on or after 18 November 2004 irrespective of whether the further injury, the prior injury or 15 the prior hearing loss occurred before, on or after that date. (2) Despite the amendments made to sections 89, 91 and 98C by sections 17 to 19 of the Accident Compensation (Amendment) Act 20 2005, sections 89, 91 and 98C as in force before the commencement of sections 15, 16 and 18 of the Accident Compensation Legislation (Amendment) Act 2004 continue to apply in respect of a claim for 25 compensation lodged under section 98C on or before 18 November 2004 in respect of a further injury which occurred on or after 12 November 1997. 33 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 2--Accident Compensation Act 1985 s. 25 285. Sections 111, 114 and 114B Despite section 4A, sections 111, 114 and 114B as in force after the commencement of sections 22 and 23 of the Accident Compensation (Amendment) Act 2005 5 apply in respect of the entitlement of a worker to weekly payments irrespective of when that entitlement arose.". Division 8--Section 85 Provision 25. New section 252G inserted 10 Before section 253 of the Accident Compensation Act 1985 insert-- "252G. Supreme Court--limitation of jurisdiction It is the intention of section 175 as inserted by section 6 of the Accident Compensation 15 (Amendment) Act 2005 to alter or vary section 85 of the Constitution Act 1975.". __________________ 34 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 3--Accident Compensation (Workcover Insurance) Act 1993 s. 26 See: PART 3--ACCIDENT COMPENSATION (WORKCOVER Act No. INSURANCE) ACT 1993 50/1993. Reprint No. 5 as at Division 1--Rateable Remuneration 30 June 1999 and amending 26. Amendment of section 8--Rateable remuneration Act Nos 26/2000, (1) For sections 8(1) and 8(2) of the Accident 5 54/2000, 44/2001, Compensation (WorkCover Insurance) Act 82/2001, 1993 substitute-- 95/2003, 40/2004 and "(1) The remuneration subject to a premium 102/2004. LawToday: under this Act is remuneration that is paid or www.dms. payable by an employer on or after 1 July 10 dpc.vic. gov.au 2005 in respect of services performed or rendered on or after 1 July 2005 by a worker whose employment is connected with the State of Victoria within the meaning of section 80 of the Accident Compensation 15 Act 1985. (2) Sub-sections (1) and (2) as in force before the commencement of section 26 of the Accident Compensation (Amendment) Act 2005 continue to apply for the purposes of 20 determining remuneration subject to a premium before 1 July 2005.". (2) Section 8(3) of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed. Division 2--Consequential Amendments 25 27. Consequential amendments (1) In section 71(2) of the Accident Compensation (WorkCover Insurance) Act 1993 for "under the seal of the Authority or" substitute "purporting to be executed in accordance with section 18(3) of 30 the Accident Compensation Act 1985 or under the seal of". 35 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 3--Accident Compensation (Workcover Insurance) Act 1993 s. 27 (2) In section 71(3) of the Accident Compensation (WorkCover Insurance) Act 1993 for "under the common seal of the Authority or" substitute "executed in accordance with section 18(3) of the Accident Compensation Act 1985 or under the 5 seal of". __________________ 36 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 28 See: PART 4--OCCUPATIONAL HEALTH AND SAFETY Act No. ACT 2004 107/2004. LawToday: www.dms. 28. Amendment of section 5--Definitions dpc.vic. gov.au In section 5(1) of the Occupational Health and Safety Act 2004 insert the following 5 definitions-- ' "contribution" means a contribution the amount of which is determined in accordance with section 151A(2); "exit date" has the same meaning as it has in 10 section 164 of the Accident Compensation Act 1985; "interest at the prescribed rate" means interest at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 15 1983; "non-WorkCover employer" has the same meaning as it has in section 164 of the Accident Compensation Act 1985; "rateable remuneration" has the same meaning 20 as it has in section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993; "self-insurer" has the same meaning as it has in section 5(1) of the Accident Compensation 25 Act 1985;'. 37 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 29. New sections 151A to 151F inserted In Part 13 of the Occupational Health and Safety Act 2004, before section 152 insert-- '151A. Contributions by non-WorkCover employers to the WorkCover Authority 5 Fund (1) The Authority must determine the amount of contributions payable into the WorkCover Authority Fund under section 32 of the Accident Compensation Act 1985 by non- 10 WorkCover employers to be applied towards the costs and expenses incurred by the Authority for the provision of occupational health, safety and welfare regulation and related education and prevention services. 15 (2) The amount is to be determined in accordance with the formula-- A � [C - (D + E + F)] � G -- B where-- "A" is the rateable remuneration paid or payable by the non-WorkCover 20 employer during the preceding financial year calculated as if the non- WorkCover employer were an employer liable to pay the premium for a WorkCover insurance policy under 25 the Accident Compensation (WorkCover Insurance) Act 1993; 38 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 "B" is the sum of the total rateable remuneration paid or payable-- (i) by all employers liable to pay the premium for a WorkCover insurance policy under the 5 Accident Compensation (WorkCover Insurance) Act 1993 during the preceding financial year; and (ii) by all self-insurers calculated as if 10 each self-insurer were an employer liable to pay the premium for a WorkCover insurance policy under the Accident Compensation 15 (WorkCover Insurance) Act 1993 during the preceding financial year; and (iii) by all non-WorkCover employers calculated as if each non- 20 WorkCover employer were an employer liable to pay the premium for a WorkCover insurance policy under the Accident Compensation 25 (WorkCover Insurance) Act 1993 during the preceding financial year; "C" is the sum of-- (i) the total of the costs incurred by 30 the Authority in the preceding quarter referred to in paragraphs (d), (e), (f), (fa) and (i) of section 32(4) of the Accident Compensation Act 1985; and 35 39 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 (ii) the costs incurred by the Authority in the preceding quarter in the administration of Division 2 of Part III of the Accident Compensation Act 1985; 5 "D" is the sum of the costs incurred by the Authority during the preceding quarter, being the costs-- (i) referred to in section 32(4)(d) of the Accident Compensation Act 10 1985; and (ii) the costs incurred in the administration of Divisions 2 and 3 of Part III of the Accident Compensation Act 1985; 15 "E" is, subject to any adjustment in accordance with sub-section (3), the sum of the costs incurred by the Authority in the preceding quarter related to-- 20 (i) the operation and management of its rehabilitation, compensation and insurance functions; (ii) the administration, operation, management and maintenance of 25 the Authority's central computer network used by authorised agents; (iii) actuarial services provided to the Authority; 30 (iv) the administration and support of the operation and management of its rehabilitation, compensation and insurance functions (other than costs referred to in sub- 35 paragraphs (ii) and (iii)); 40 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 "F" is the sum of the costs, including the administration costs, incurred by the Authority in the preceding quarter directly related to the administration and support of public safety activities 5 and operations; "G" is 60% or, if another percentage, not exceeding 100%, is prescribed by the regulations for the purposes of this section, the prescribed percentage. 10 (3) The costs referred to in "E" in sub-section (2) are to be assessed for each quarter and, following the annual audit of the Authority's financial statements, any necessary adjustments made to the total of "E" in the 15 next quarterly contribution payable. (4) The contribution by a non-WorkCover employer-- (a) is payable on 1 August, 1 November, 1 February and 1 May in each year; and 20 (b) must be paid within 14 days of the due date. (5) If a contribution is not paid by the due date, the amount of the contribution together with interest at the prescribed rate and a surcharge 25 of $100 per day until the contribution is paid may be recovered by the Authority as a civil debt recoverable summarily. 41 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 (6) A non-WorkCover employer must at the intervals specified by the Authority submit to the Authority-- (a) a return in the form approved by the Authority; and 5 (b) a statutory declaration in support of the information provided in the return-- to enable the Authority to determine the amount of contributions payable. (7) A non-WorkCover employer who fails to 10 comply with sub-section (6) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of-- (a) 1 penalty unit in the case of a natural 15 person; (b) 5 penalty units in the case of a body corporate. 151B. Provision of return by non-WorkCover employers 20 (1) The Authority must issue instructions specifying the information relating to-- (a) employment; and (b) occupational health, safety and welfare matters-- 25 required to be provided by a non-WorkCover employer at the intervals specified by the Authority for the purposes of this section. (2) A non-WorkCover employer must within the period of 30 days after the end of each 30 specified interval submit to the Authority a return in the form approved by the Authority containing the information required by the instructions issued under sub-section (1). 42 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 (3) A non-WorkCover employer who fails to comply with sub-section (2) is guilty of an offence against this Act and liable to a penalty for each day during which the default continues of-- 5 (a) 1 penalty unit in the case of a natural person; (b) 5 penalty units in the case of a body corporate. 151C. Authority may require non-WorkCover 10 employer to provide further information (1) The Authority may by notice in writing require a non-WorkCover employer to provide to the Authority or a person specified in the notice information which the 15 Authority considers is reasonably required for the purposes of this Act in respect of any activity as an employer or an occupational health, safety and welfare matter as is specified in the notice. 20 (2) A non-WorkCover employer must comply with a notice received under sub-section (1) within the period of 30 days after the notice is received or within any further period as may be agreed between the Authority and the 25 non-WorkCover employer. (3) A non-WorkCover employer who fails to comply with sub-section (2) is guilty of an offence against this Act and liable to a penalty for each day during which the default 30 continues of-- (a) 1 penalty unit in the case of a natural person; (b) 5 penalty units in the case of a body corporate. 35 43 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 151D. Authority may require information from non-WorkCover employers (1) The Authority may by notice in writing require a non-WorkCover employer to provide to the Authority within 30 days of 5 the date of the notice such information as the Authority considers is reasonably required for the purposes of this Act as to the means by which data relating to any of its activities as an employer is collected, collated, stored 10 or retrieved. (2) A non-WorkCover employer must comply with a notice received under sub-section (1) within the period of 30 days after the notice is received or within any further period as 15 may be agreed between the Authority and the non-WorkCover employer. (3) A non-WorkCover employer who fails to comply with sub-section (2) is guilty of an offence against this Act and liable to a 20 penalty for each day during which the default continues of-- (a) 1 penalty unit in the case of a natural person; (b) 5 penalty units in the case of a body 25 corporate. 44 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 4--Occupational Health and Safety Act 2004 s. 29 151E. Authority may require non-WorkCover employer to facilitate the provision of information (1) The Authority may by notice in writing require a non-WorkCover employer to make 5 any changes to the manner in which the non- WorkCover employer collects, collates, stores, retrieves or transfers data as are reasonably necessary to enable the non- WorkCover employer to comply with 10 sections 151A, 151B and 151C. (2) A non-WorkCover employer must comply with a notice received under sub-section (1) within the period of 30 days after the notice is received or within any further period as 15 may be agreed between the Authority and the non-WorkCover employer. (3) A non-WorkCover employer who fails to comply with sub-section (2) is guilty of an offence against this Act and liable to a 20 penalty for each day during which the default continues of-- (a) 1 penalty unit in the case of a natural person; (b) 5 penalty units in the case of a body 25 corporate. 151F. Application of sections 151A to 151E Sections 151A to 151E apply in relation to a non-WorkCover employer as from the end of, and in respect of, the first full month after 30 the exit date.'. __________________ 45 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 5--Transport Accident Act 1986 s. 30 See: PART 5--TRANSPORT ACCIDENT ACT 1986 Act No. 111/1986. Reprint No. 9 Division 1--Amendments relating to Official Seal as at 3 December 2003 30. Amendment of section 10 and amending (1) Section 10(2)(b) of the Transport Accident Act Act Nos 1986 is repealed. 5 94/2004, 107/2004 and (2) For sections 10(3) and 10(4) of the Transport 108/2004. LawToday: Accident Act 1986 substitute-- www.dms. dpc.vic. "(3) A document is executed by the Commission gov.au if the document is signed by-- (a) 2 Directors of the Board of 10 Management of the Commission; or (b) 1 Director of the Board of Management of the Commission and the person who is designated by the Board of Management of the Commission to be 15 the Secretary to the Board of Management of the Commission. (4) A person may assume that a document has been duly executed by the Commission if the document appears to have been signed in 20 accordance with sub-section (3). (5) All courts, judges and persons acting judicially must take judicial notice of the signatures on a document which appears to have been signed in accordance with sub- 25 section (3).". 31. Consequential amendments In sections 22(1), 22(2), 22(3) and 26(1) of the Transport Accident Act 1986 omit "under its official seal" (wherever occurring). 30 46 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Part 5--Transport Accident Act 1986 s. 32 Division 2--Statute Law Revision 32. Statute law revision In section 27 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003 for "Transport Act 1983" substitute 5 "Transport Accident Act 1986". 47 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

Accident Compensation (Amendment) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 48 551319B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005

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