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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Compensation and Superannuation Legislation
Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 3
PART 2--TRANSPORT ACCIDENT ACT 1986 4
3 Amendment of section 46A--Degree of impairment 4
4 Amendment of section 47--Impairment benefit 4
5 Amendment of section 93--Actions for damages 4
6 Indemnity by third party 5
7 New Division 5 of Part 11 inserted 5
Division 5--Compensation and Superannuation
Legislation Amendment Act 2008 5
196 Sections 46A (Degree of impairment) and 47
(Impairment benefit) 5
197 Section 93 (Actions for damages) 6
198 Section 104 (Indemnity by third party) 7
PART 3--ACCIDENT COMPENSATION ACT 1985 8
8 Indemnity by third party 8
9 New Division 10 of Part IX inserted 8
Division 10--Compensation and Superannuation
Legislation Amendment Act 2008 8
299 Section 138 (Indemnity by third party) 8
10 Repeal of sunset provision 9
PART 4--EMERGENCY SERVICES SUPERANNUATION
ACT 1986 10
11 Amendment of section 20M--Optional contributions during
leave of absence 10
561292B.I-9/9/2008 i BILL LA INTRODUCTION 9/9/2008
Clause Page
PART 5--REPEAL OF AMENDING ACT 11
12 Repeal of amending Act 11
ENDNOTES 12
561292B.I-9/9/2008 ii BILL LA INTRODUCTION 9/9/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Compensation and Superannuation
Legislation Amendment Bill 2008
A Bill for an Act to amend the Transport Accident Act 1986, the
Accident Compensation Act 1985 and the Emergency Services
Superannuation Act 1986 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) amend the Transport Accident Act 1986
5 to--
(i) clarify that a determination of the
degree of impairment of a person
injured as a result of a transport
accident is only to be made if a claim
10 for compensation has been made within
561292B.I-9/9/2008 1 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 1--Preliminary
s. 1
the period of time provided by the Act
and accepted by the Transport Accident
Commission;
(ii) clarify that only a natural person can
5 bring proceedings in accordance with
section 93;
(iii) exclude Parts VB, VBA and X of the
Wrongs Act 1958 from the calculation
of the amount which a third party is
10 required to pay as an indemnity under
section 104;
(b) amend the Accident Compensation
Act 1985 to exclude Parts VB, VBA and X
of the Wrongs Act 1958 from the
15 calculation of the amount which a third party
is required to pay as an indemnity under
section 138 of the Accident Compensation
Act 1985;
(c) repeal section 9 of the Accident
20 Compensation and Transport Accident
Acts (Amendment) Act 2003 so that the
provisions of the Accident Compensation
Act 1985 giving workers with certain
injuries who have a whole person
25 impairment of less than 10 percent access to
compensation for non-economic loss
continue in operation and do not sunset on
3 December 2009;
(d) amend section 20M of the Emergency
30 Services Superannuation Act 1986 to give
the Emergency Services Superannuation
Board the power to determine and approve
arrangements for the payment of
contributions by contributors during a period
35 of leave of absence.
561292B.I-9/9/2008 2 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsections (2) and (3), this Act comes
into operation on the day after the day on which it
receives the Royal Assent.
5 (2) Sections 3 and 4 are deemed to have come into
operation on 11 September 2008.
(3) Section 10 comes into operation on 2 December
2008.
__________________
561292B.I-9/9/2008 3 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 2--Transport Accident Act 1986
s. 3
PART 2--TRANSPORT ACCIDENT ACT 1986
3 Amendment of section 46A--Degree of impairment
See: In section 46A(1A) of the Transport Accident
Act No.
111/1986. Act 1986 after "a transport accident" insert "who
5 Reprint No. 11 has made a claim for compensation in their own
as at
17 April 2008 right within the period of time provided by this
and Act that has been accepted by the Commission".
amending
Act No.
12/2008.
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4 Amendment of section 47--Impairment benefit
In section 47(7)(a) of the Transport Accident
10 Act 1986 before "is" insert "has made a claim for
compensation in their own right within the period
of time provided by this Act that has been
accepted by the Commission and".
5 Amendment of section 93--Actions for damages
15 After section 93(1) of the Transport Accident
Act 1986 insert--
"(1A) For the avoidance of doubt, it is hereby
declared that the effect of subsection (1) is
that any person, whether or not a natural
20 person, cannot recover any damages in any
proceedings to which that subsection applies
unless the person is a natural person in which
case the natural person can only bring
proceedings in accordance with this section
25 to recover damages in respect of the injury
sustained by him or her or the death of a
person specified in subsection (1).".
561292B.I-9/9/2008 4 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 2--Transport Accident Act 1986
s. 6
6 Indemnity by third party
In section 104(2) of the Transport Accident Act
1986 after "Act" insert "and Parts VB, VBA and
X of the Wrongs Act 1958".
5 7 New Division 5 of Part 11 inserted
After Division 4 of Part 11 of the Transport
Accident Act 1986 insert--
"Division 5--Compensation and
Superannuation Legislation Amendment Act
10 2008
196 Sections 46A (Degree of impairment)
and 47 (Impairment benefit)
(1) Subject to subsections (2) and (3),
section 46A, as amended by section 3 of the
15 Compensation and Superannuation
Legislation Amendment Act 2008, and
section 47, as amended by section 4 of the
Compensation and Superannuation
Legislation Amendment Act 2008, apply in
20 respect of any determination of the degree of
impairment of a person injured as a result of
a transport accident irrespective of when the
injury occurred.
(2) Despite subsection (1), sections 46A and 47,
25 as in force before the commencement of
sections 3 and 4 of the Compensation and
Superannuation Legislation Amendment
Act 2008, continue to apply in respect of any
determination of the degree of impairment of
30 a person injured as a result of a transport
accident in respect of which an application
for a determination of the degree of
impairment has been made before that
commencement.
561292B.I-9/9/2008 5 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 2--Transport Accident Act 1986
s. 7
(3) Despite subsection (1), the amendment of
section 46A by section 3 of the
Compensation and Superannuation
Legislation Amendment Act 2008 and
5 section 47 by section 4 of the Compensation
and Superannuation Legislation
Amendment Act 2008 does not affect the
rights of the parties in the proceedings
known as Byrne v Transport Accident
10 Commission [2008] VSC 92.
197 Section 93 (Actions for damages)
(1) Subject to subsections (2) and (3),
section 93, as amended by section 5 of the
Compensation and Superannuation
15 Legislation Amendment Act 2008, applies
in respect of any proceedings to which
section 93 applies irrespective of when the
injury or death occurred.
(2) Despite subsection (1), section 93, as in force
20 before the commencement of section 5 of the
Compensation and Superannuation
Legislation Amendment Act 2008,
continues to apply in respect of any
proceedings lodged before that
25 commencement.
(3) Despite subsection (1), the amendment of
section 93 by section 5 of the Compensation
and Superannuation Legislation
Amendment Act 2008 does not affect the
30 rights of the parties in the proceedings
known as Martino Developments Pty Ltd
(ACN 005 477 690) v John Doughty
(No. 6941 of 2006) in the Supreme Court of
Victoria (Common Law Division).
561292B.I-9/9/2008 6 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 2--Transport Accident Act 1986
s. 7
198 Section 104 (Indemnity by third party)
Section 104, as amended by section 6 of the
Compensation and Superannuation
Legislation Amendment Act 2008, applies
5 in respect of any right of indemnity,
regardless of when that right came into
existence, unless before the commencement
of that section--
(a) the amount of the indemnity has been
10 determined; or
(b) judgment for damages has been given
or entered; or
(c) there has been a settlement or
compromise of the claim in respect of
15 which the right of indemnity arose.".
__________________
561292B.I-9/9/2008 7 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 3--Accident Compensation Act 1985
s. 8
PART 3--ACCIDENT COMPENSATION ACT 1985
8 Indemnity by third party
See: (1) In sections 138(1) and 138(2) of the Accident
Act No.
10191. Compensation Act 1985 for "legal liability in a
5 Reprint No. 15 third party to pay damages" substitute "liability in
as at
17 April 2008 a third party to pay damages or that would have
and created such a liability if the injury or death had
amending
Act Nos been caused in Victoria".
107/1997,
95/2003,
12/2003 and
24/2008.
LawToday:
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(2) In section 138(3)(b) of the Accident
10 Compensation Act 1985--
(a) after "amount calculated" insert ", were it
not for the provisions of this Act, the
Transport Accident Act 1986 and
Parts VB, VBA and X of the Wrongs Act
15 1958,";
(b) after "injury or death" omit "were it not for
the provisions of this Act and the Transport
Accident Act 1996".
9 New Division 10 of Part IX inserted
20 After Division 9 of Part IX of the Accident
Compensation Act 1985 insert--
"Division 10--Compensation and
Superannuation Legislation Amendment Act
2008
25 299 Section 138 (Indemnity by third party)
Section 138, as amended by section 8 of the
Compensation and Superannuation
Legislation Amendment Act 2008, applies
561292B.I-9/9/2008 8 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 3--Accident Compensation Act 1985
s. 10
in respect of any right of indemnity,
regardless of when that right came into
existence, unless before the commencement
of that section--
5 (a) the amount of the indemnity has been
determined; or
(b) judgment for damages has been given
or entered; or
(c) there has been a settlement or
10 compromise of the claim in respect of
which the right of indemnity arose.".
10 Repeal of sunset provision
Section 9 of the Accident Compensation and See:
Act No.
Transport Accident Acts (Amendment) Act 95/2003
15 2003 is repealed. and
amending
Act No.
28/2005.
Statute Book:
www.
legislation.
vic.gov.au
__________________
561292B.I-9/9/2008 9 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 4--Emergency Services Superannuation Act 1986
s. 11
PART 4--EMERGENCY SERVICES SUPERANNUATION
ACT 1986
11 Amendment of section 20M--Optional
contributions during leave of absence
5 See: (1) In section 20M(a) of the Emergency Services
Act No.
94/1986. Superannuation Act 1986 before "may elect"
Reprint No. 6 insert "subject to subsection (2),"
as at
1 December
2005
(2) At the end of section 20M of the Emergency
and Services Superannuation Act 1986 insert--
amending
10 Act Nos "(2) For the purposes of subsection (1), the Board
97/2005,
41/2006, may determine that a class or category of
37/2007, contributor may apply in a form approved by
12/2008 and
43/2008. the Board to pay contributions under
LawToday: subsection (1)(a) for a specified period
www.
15 legislation. which is, or specified periods which are, less
vic.gov.au than the period of the leave.
(3) The Board may approve an application under
subsection (2) subject to any terms and
conditions which the Board considers
20 appropriate.".
__________________
561292B.I-9/9/2008 10 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Part 5--Repeal of Amending Act
s. 12
PART 5--REPEAL OF AMENDING ACT
12 Repeal of amending Act
This Act is repealed on 2 December 2009.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561292B.I-9/9/2008 11 BILL LA INTRODUCTION 9/9/2008
Compensation and Superannuation Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561292B.I-9/9/2008 12 BILL LA INTRODUCTION 9/9/2008
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