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PARLIAMENT OF VICTORIA
Transport Accident and Accident Compensation
Acts Amendment Bill 2007
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 3--Definitions 4
4 Amendment of section 6--Income from personal exertion 6
5 Amendment of section 12--Functions of the Commission 6
6 Amendment of section 23--Commission may authorise
persons or services 6
7 Amendment of section 43--Liability for losses in first five days 6
8 Amendment of section 46A--Degree of impairment 6
9 Amendment of section 47--Impairment benefit 7
10 Amendment of section 50--Partial loss of earning capacity 8
11 Amendment of section 53--Cessation of loss of earnings
payments 8
12 New section 54A inserted 8
54A Safety net income benefit for persons with severe
injuries 8
13 Amendment of section 58--Surviving partner--periodical
payments 10
14 Amendment of section 60--Medical and like benefits 10
15 Amendment of section 61--Indexation 12
16 New Division 2A of Part 4 inserted 15
Division 2A--Reimbursement of private health insurers 15
76A Commission may reimburse private health insurer 15
17 Amendment of section 121--Agreements with providers of
ambulance services, hospital services or road accident rescue
services 16
18 Amendment of section 131--Secrecy provisions 17
19 Amendment of section 192--Application of amendments to
section 60 17
561066B.I-18/9/2007 i BILL LA INTRODUCTION 18/9/2007
Clause Page
20 New Division 4 of Part 11 inserted 18
Division 4--Transport Accident and Accident
Compensation Acts Amendment Act 2007 18
193 Changes that apply to all claims 18
194 Changes that only apply to claims made on or after
the commencement date 18
195 Application of amendments to section 6 18
21 Statute law revision 19
PART 3--ACCIDENT COMPENSATION ACT 1985 20
22 Amendment of sections 5--Definitions 20
23 Repeal of provisions relating to remuneration 21
24 Amendment of section 5A--Pre-injury average weekly
earnings 22
25 Amendment of section 91--Assessment of impairment 22
26 Amendment of section 99--Compensation for medical and
like services 23
27 Amendment of section 100--Indexation 23
28 New Division 8 of Part IX inserted 24
Division 8--Transport Accident and Accident Compensation
Acts Amendment Act 2007 24
296 Section 91 24
297 Section 99(1)(aa) 25
29 Statute law revision 26
PART 4--ACCIDENT COMPENSATION (WORKCOVER
INSURANCE) ACT 1993 27
30 Amendment of section 3(1)--Definitions 27
31 New sections 3A and 3B inserted 31
3A Superannuation benefits relating to services
performed before 1 January 1998 31
3B Superannuation benefits not readily related to
particular workers or their periods of service 32
32 Transitional 32
PART 5--REPEAL 34
33 Repeal of Act 34
ENDNOTES 35
561066B.I-18/9/2007 ii BILL LA INTRODUCTION 18/9/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Accident and Accident
Compensation Acts Amendment
Bill 2007
A Bill for an Act to amend the Transport Accident Act 1986 and the
Accident Compensation Act 1985, to consequentially amend the
Accident Compensation (WorkCover Insurance) Act 1993 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend--
(a) the Transport Accident Act 1986--
5 (i) to clarify that employer superannuation
contributions are not included for the
purposes of calculating weekly
561066B.I-18/9/2007 1 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 1--Preliminary
s. 1
payments and pre-accident weekly
earnings;
(ii) to improve certain benefits available
under that Act;
5 (iii) to introduce a new safety net income
benefit for persons with severe injuries;
(iv) to provide for the annual indexation of
certain benefits payable under Part 3 of
that Act;
10 (v) to extend the range of services to which
an agreement under section 121 of that
Act may apply;
(vi) to make statute law revision;
(b) the Accident Compensation Act 1985--
15 (i) to clarify that employer superannuation
contributions are not included for the
purposes of calculating weekly
payments;
(ii) to improve certain benefits available
20 under that Act;
(iii) to provide for the annual indexation of
benefits payable under
section 99(1)(aa) of that Act;
(iv) to repeal certain provisions relating to
25 the calculation of remuneration which
are to be re-enacted in the Accident
Compensation (WorkCover
Insurance) Act 1993;
(v) to make statute law revision;
30 (c) the Accident Compensation (WorkCover
Insurance) Act 1993 to re-enact certain
provisions relating to the calculation of
remuneration.
561066B.I-18/9/2007 2 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (except sections 3(1), 4, 8, 13, 15(1), 19,
20, 22, 23, 24, 25 and 28 and Part 4) comes into
operation on the day after the day on which it
5 receives the Royal Assent.
(2) Section 19 is deemed to have come into operation
on 1 January 2005.
(3) Section 15(1) is deemed to have come into
operation on 1 July 2005.
10 (4) Sections 3(1), 4, 8, 13, 20, 22, 23, 24, 25 and 28
and Part 4 are deemed to have come into operation
on 19 September 2007.
__________________
561066B.I-18/9/2007 3 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 3
PART 2--TRANSPORT ACCIDENT ACT 1986
3 Amendment of section 3--Definitions
See: (1) In section 3(1) of the Transport Accident
Act No.
111/1986. Act 1986, insert the following definition--
Reprint No. 10
5 as at "employer superannuation contribution has the
25 August
2005
same meaning as it has in section 5(1) of the
and Accident Compensation Act 1985;".
amending
Act Nos (2) In section 3(1) of the Transport Accident
51/2005,
97/2005, Act 1986, in paragraph (c) of the definition of
10 24/2006, medical service for "crutches, artificial members,
41/2006 and
80/2006. eyes or teeth, spectacle glasses or hearing aids"
LawToday: substitute "artificial members, eyes or teeth,
www.
legislation. spectacle glasses, hearing aids, orthoses or
vic.gov.au mobility aides".
15 (3) In section 3(1) of the Transport Accident
Act 1986, insert the following definitions--
"member of the immediate family of a person
means a partner, parent, child or sibling of
the person;
20 mobility aides include crutches, wheelchairs and
mobility scooters, but does not include motor
vehicles;".
(4) In section 3(1) of the Transport Accident
Act 1986, insert the following definitions--
25 "primary care-giver means a person who provides
care and attention to another person on a
daily basis for a total of at least 20 hours a
week;
private health insurer has the same meaning as in
30 the Private Health Insurance Act 2007 of the
Commonwealth;".
561066B.I-18/9/2007 4 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 3
(5) In section 3(1) of the Transport Accident
Act 1986, insert the following definitions--
"school has the same meaning as it has in the
Education and Training Reform Act 2006;
5 supported accommodation means--
(a) a residential facility in which
residential care is provided under the
Aged Care Act 1997 of the
Commonwealth;
10 (b) a supported residential service within
the meaning of section 3(1) of the
Health Services Act 1988;
(c) a community residential unit within the
meaning of section 3(1) of the
15 Disability Act 2006;
(d) a group home or other residential
facility approved by the Commission
for the purposes of section 60;".
(6) In section 3(1) of the Transport Accident
20 Act 1986, for paragraph (c) of the definition of
transportation costs substitute--
"(c) a vocational rehabilitation service; or
(d) a school by a student, including
transportation costs incurred by a parent or
25 guardian of the student in transporting the
student to or from the school where the
student is unable to travel to or from the
school by his or her usual pre-transport
accident means because of the injury
30 sustained by the student in the transport
accident;".
561066B.I-18/9/2007 5 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 4
4 Amendment of section 6--Income from personal
exertion
In section 6(2) of the Transport Accident
Act 1986, in the definition of income from
5 personal exertion--
(a) in paragraph (a) omit "superannuation
allowances,";
(b) for paragraph (g) substitute--
"(g) rents or dividends; or
10 (h) any employer superannuation
contribution.".
5 Amendment of section 12--Functions of the
Commission
In section 12(4)(a) of the Transport Accident
15 Act 1986 after "rehabilitation services" insert
"or disability services".
6 Amendment of section 23--Commission may
authorise persons or services
In section 23(1)(b) of the Transport Accident
20 Act 1986 after "60(2)(c)," insert "60(2)(ca),".
7 Amendment of section 43--Liability for losses in
first five days
(1) In section 43(1C) of the Transport Accident
Act 1986 for "member of the family" substitute
25 "member of the immediate family".
(2) Section 43(1D) of the Transport Accident
Act 1986 is repealed.
8 Amendment of section 46A--Degree of impairment
(1) In section 46A(2)(a)(i) of the Transport
30 Accident Act 1986 after "Guides" insert
"as applicable subject to subsections (2A)
and (2B)".
561066B.I-18/9/2007 6 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 9
(2) After section 46A(2) of the Transport
Accident Act 1986 insert--
"(2A) Despite anything to the contrary in the
A.M.A Guides, an assessment under
5 subsection (1) of the degree of impairment
resulting from an injury must be made based
on the person's current impairment as at the
date of the assessment, including any
changes in the signs and symptoms
10 following any medical or surgical treatment
undergone by the person in respect of the
injury.
(2B) The A.M.A Guides apply in respect of an
assessment under section 3.3d of Chapter 3
15 of the A.M.A Guides as if the following
were omitted--
"with the Injury Model, surgery to treat
an impairment does not modify the
original impairment estimate, which
20 remains the same in spite of any
changes in signs or symptoms that may
follow the surgery and irrespective of
whether the patient has a favourable or
unfavourable response to treatment".
25 (3) In section 46A of the Transport Accident Act
1986--
(a) in subsections (2)(a)(i), (6) and (8)(b) for
"A.M.A." substitute "A.M.A";
(b) in subsection (7) for "A.M.A." substitute
30 "A.M.A".
9 Amendment of section 47--Impairment benefit
In section 47(7) of the Transport Accident
Act 1986 for "section 46A(1)" substitute
"sections 46A(1) and 46A(1AA)".
561066B.I-18/9/2007 7 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 10
10 Amendment of section 50--Partial loss of earning
capacity
In section 50(5) of the Transport Accident
Act 1986, in the definition of earner for "as a
5 result of transport accident" substitute "as a result
of a transport accident".
11 Amendment of section 53--Cessation of loss of
earnings payments
(1) In section 53(1) of the Transport Accident
10 Act 1986 for "50 or 51" substitute "50, 51
or 54A".
(2) In section 53(2)(a) of the Transport Accident
Act 1986 for "50 or 51" substitute "50, 51
or 54A".
15 12 New section 54A inserted
After section 54 of the Transport Accident Act
1986 insert--
"54A Safety net income benefit for persons with
severe injuries
20 (1) Subject to this section, the Commission is
liable to pay to a person who as a result of a
transport accident--
(a) suffers a severe injury and a degree of
impairment that is 50 per centum or
25 more which would otherwise entitle the
person to payments under section 49,
50 or 51; and
(b) has had his or her employment
terminated or can no longer sustain his
30 or her self-employment--
a weekly payment under this section.
561066B.I-18/9/2007 8 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 12
(2) The Commission is not liable to make a
payment to a person under this section if the
person unreasonably refuses to participate
in--
5 (a) a rehabilitation program that is
approved by the Commission and
provided by a rehabilitation service; or
(b) a vocational rehabilitation program that
is approved by the Commission and
10 provided by a vocational rehabilitation
service.
(3) Subject to subsection (4), a person's
entitlement to a payment under this section
ceases if he or she receives a reasonable
15 offer of suitable employment.
(4) If a person to whom this section applies--
(a) takes up a reasonable offer of suitable
employment; and
(b) has his or her employment terminated
20 or can no longer sustain his or her self-
employment--
the Commission is liable to pay to the person
a weekly payment under this section.
(5) A weekly payment under this section must
25 not exceed whichever is the lesser of--
(a) $965; or
(b) an amount equal to 80 per centum of
whichever is the greater of the person's
pre-termination weekly earnings or the
30 person's pre-accident earnings.
(6) If a person receives a weekly payment under
this section, the person is not entitled to
receive a payment under section 49, 50, 50A
or 51.
561066B.I-18/9/2007 9 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 13
(7) In this section--
pre-termination weekly earnings in relation
to an earner (other than a self-employed
person) has the same meaning as pre-
5 accident weekly earnings has in section
4(1) except that relevant day means the
day on which the post accident
employment was terminated;
pre-termination weekly earnings in relation
10 to an earner who is a self-employed
person has the same meaning as pre-
accident weekly earnings has in section
5 except that the relevant period is the
period of 12 months immediately
15 preceding the day on which the person
can no longer sustain his or her self-
employment.".
13 Amendment of section 58--Surviving partner--
periodical payments
20 In section 58(6) of the Transport Accident Act
1986, in the definition of the earner's assessed
earnings after "death of the earner" insert ", but
does not include any employer superannuation
contribution".
25 14 Amendment of section 60--Medical and like
benefits
(1) After section 60(2)(c) of the Transport Accident
Act 1986 insert--
"(ca) if the person, at the time of the transport
30 accident, was the primary care-giver in
respect of a disabled or elderly member of
the immediate family of the person and did
not receive salary or wages in respect of that
care, the reasonable costs incurred after the
35 transport accident in employing, during the
first 12 weeks after the death or injury, an
561066B.I-18/9/2007 10 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 14
authorised person to undertake in Australia
the primary care of that disabled or elderly
member of the immediate family of the
person; and".
5 (2) In section 60(2A)(a) of the Transport Accident
Act 1986--
(a) for "family members" substitute "any
member of the immediate family of the
person who is injured or dies";
10 (b) for "$1670" substitute "$5000".
(3) In section 60(2B) of the Transport Accident Act
1986 the definition of family member is repealed.
(4) For section 60(2D) of the Transport Accident
Act 1986 substitute--
15 "(2D) Subsection (2E) applies if--
(a) a person is injured and admitted as an
in-patient in a hospital as a result of a
transport accident; and
(b) the hospital is located at least
20 100 kilometres from the normal
residence of members of the immediate
family of the person referred to in
paragraph (a); and
(c) members of the immediate family incur
25 reasonable travelling or
accommodation expenses by reason of
visiting the person referred to in
paragraph (a).
(2E) The Commission is, subject to this Act,
30 liable to pay as compensation to the
members of the immediate family payments
not exceeding $5000 in total in respect of the
expenses referred to in subsection (2D)(c).".
561066B.I-18/9/2007 11 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 15
(5) In section 60(5) of the Transport Accident Act
1986 for "$5000" substitute "$10 000 or a greater
amount as may be prescribed".
(6) For section 60(9)(c) of the Transport Accident
5 Act 1986 substitute--
"(c) who then resides in supported
accommodation--".
(7) After section 60(11) of the Transport Accident
Act 1986 insert--
10 "(11A) Despite subsection (7), the Governor in
Council may, by Order published in the
Government Gazette, fix limits in respect of
contributions to be made by a person towards
the cost of supported accommodation.
15 (11B) An Order made under subsection (11A)--
(a) may fix limits that vary according to
the type of supported accommodation
in which a person is residing;
(b) takes effect on the date that the Order is
20 published in the Government Gazette,
or on a later date specified in the
Order.".
15 Amendment of section 61--Indexation
(1) After section 61(2) of the Transport Accident
25 Act 1986 insert--
"(2A) An amount shown, or calculated in
accordance with a formula set out in, the
table in section 47(2) must be varied, in
respect of the financial year beginning on
30 1 July 2005 and each subsequent financial
year, in accordance with the formula--
E
D×
F
where--
561066B.I-18/9/2007 12 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 15
D is the amount shown, or calculated in
accordance with a formula set out in,
the table in section 47(2).
E is the all groups consumer price index
5 for Melbourne as at 15 June in the
preceding financial year last published
by the Australian Statistician in respect
of the December quarter of that
financial year.
10 F is the all groups consumer price index
for Melbourne as at 15 June in the year
preceding the preceding financial year
published by the Australian Statistician
in respect of the December quarter
15 preceding that 15 June.".
(2) After section 61(2A) of the Transport Accident
Act 1986 insert--
"(2B) An amount calculated in accordance with
section 54A must be varied, in respect of the
20 financial year beginning on 1 July 2008 and
each subsequent financial year, in
accordance with the formula--
E
D×
F
where--
25 D is the amount calculated in accordance
with section 54A.
E is the latest average weekly earnings of
all employees for Victoria as at 15 June
in the preceding financial year
30 published by the Australian Statistician
in respect of the December quarter of
that financial year.
561066B.I-18/9/2007 13 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 15
F is the average weekly earnings of all
employees for Victoria as at 15 June in
the year preceding the preceding
financial year published by the
5 Australian Statistician in respect of the
December quarter preceding that
15 June.
(2C) The amount of $965 referred to in
section 54A(5)(a) must be varied, in respect
10 of the financial year beginning on 1 July
2008 and each subsequent financial year, in
accordance with the formula--
E
D×
F
where--
15 D is the amount of $965 referred to in
section 54A(5)(a).
E is the latest average weekly earnings of
all employees for Victoria as at 15 June
in the preceding financial year
20 published by the Australian Statistician
in respect of the December quarter of
that financial year.
F is the average weekly earnings of all
employees for Victoria as at 15 June in
25 the year preceding the preceding
financial year published by the
Australian Statistician in respect of the
December quarter preceding that
15 June.
30 (2D) The amount of $5000 referred to in
section 60(2A)(a) must be varied, in respect
of the financial year beginning on 1 July
2008 and each subsequent financial year, in
accordance with the formula--
561066B.I-18/9/2007 14 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 16
E
D×
F
where--
D is the amount of $5000 referred to in
section 60(2A)(a).
5 E is the all groups consumer price index
for Melbourne as at 15 June in the
preceding financial year last published
by the Australian Statistician in respect
of the December quarter of that
10 financial year.
F is the all groups consumer price index
for Melbourne as at 15 June in the year
preceding the preceding financial year
published by the Australian Statistician
15 in respect of the December quarter
preceding that 15 June.".
16 New Division 2A of Part 4 inserted
After Division 2 of Part 4 of the Transport
Accident Act 1986 insert--
20 "Division 2A--Reimbursement of private
health insurers
76A Commission may reimburse private
health insurer
(1) Subject to this section, a private health
25 insurer may apply to the Commission to be
reimbursed in respect of the payment by the
private health insurer of the costs of any
hospital services, medical services or nursing
services provided to a person in respect of a
30 transport accident.
561066B.I-18/9/2007 15 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 17
(2) An application by a private health insurer
under this section must be made within the
period of 12 months after whichever occurs
later--
5 (a) the hospital services, medical services
or nursing services being provided to
the person; or
(b) a finding by the Tribunal that the
Commission is liable under this Act to
10 pay compensation to the person in
respect of the costs of the hospital
services, medical services or nursing
services provided to the person.
(3) If the Commission accepts liability, or has
15 been found by the Tribunal to be liable,
under this Act to pay compensation for the
hospital services, medical services or nursing
services provided to the person, the
Commission must pay to the private health
20 insurer an amount determined by the
Commission to be the reasonable cost of
those hospital services, medical services or
nursing services.".
17 Amendment of section 121--Agreements with
25 providers of ambulance services, hospital services or
road accident rescue services
(1) For the heading to section 121 of the Transport
Accident Act 1986 substitute--
"Agreements with providers of ambulance
30 services, hospital services or road accident
rescue services".
(2) In section 121 of the Transport Accident
Act 1986 for "road accident rescue services"
substitute "ambulance services, hospital services
35 or road accident rescue services".
561066B.I-18/9/2007 16 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 18
18 Amendment of section 131--Secrecy provisions
After section 131(2)(c) of the Transport
Accident Act 1986 insert--
"or
5 (caa) producing a document or divulging or
communicating information to a private
health insurer that has made an application
under section 76A, being a document or
information that relates to the application;
10 or".
19 Amendment of section 192--Application of
amendments to section 60
(1) For the heading to section 192 of the Transport
Accident Act 1986 substitute--
15 "Application of amendments to section 60".
(2) At the end of section 192 of the Transport
Accident Act 1986 insert--
"(2) Despite section 184, sections 60(2AA),
60(2AB) and 60(2AC), as inserted by
20 section 15 of the amending Act, only apply
to a person who is injured in a transport
accident that occurred on or after the date of
commencement of section 15 of the
amending Act.".
561066B.I-18/9/2007 17 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 20
20 New Division 4 of Part 11 inserted
After Division 3 of Part 11 of the Transport
Accident Act 1986 insert--
"Division 4--Transport Accident and Accident
5 Compensation Acts Amendment Act 2007
193 Changes that apply to all claims
This Act, as amended by sections 3(2), 3(3),
3(5), 3(6), 5, 8, 9, 10, 11, 12, 14(2), 14(3),
14(4) and 15(2) of the Transport Accident
10 and Accident Compensation Acts
Amendment Act 2007, applies with respect
to all transport accidents, regardless of when
they occurred, and to all applications,
regardless of when the applications were
15 made.
194 Changes that only apply to claims made
on or after the commencement date
This Act, as amended by sections 3(4), 6, 7
and 14(1) of the Transport Accident and
20 Accident Compensation Acts Amendment
Act 2007, only applies to applications in
respect of transport accidents that occur on
or after the day after the day on which the
Transport Accident and Accident
25 Compensation Acts Amendment Act 2007
receives the Royal Assent.
195 Application of amendments to section 6
(1) Subject to subsection (2), section 6 as
amended by section 4 of the Transport
30 Accident and Accident Compensation
Acts Amendment Act 2007 applies in
respect of any payment of weekly payments
and pre-accident weekly earnings made on or
after the commencement of section 4 of the
35 Transport Accident and Accident
561066B.I-18/9/2007 18 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 2--Transport Accident Act 1986
s. 21
Compensation Acts Amendment Act 2007
regardless of when the transport accident
occurred or the application was made.
(2) If an application for review has been made to
5 the Tribunal under section 77 before the
commencement of section 4 of the
Transport Accident and Accident
Compensation Acts Amendment Act 2007,
the application is to be determined as if
10 section 6 had not been amended by section 4
of the Transport Accident and Accident
Compensation Acts Amendment Act
2007.".
21 Statute law revision
15 In section 134 of the Transport Accident Act
1986--
(a) omit the definition of registered medical
practitioner;
(b) after the definition of medical service
20 insert--
"registered medical practitioner means a
registered medical practitioner within
the meaning of the Health Professions
Registration Act 2005;".
25 __________________
561066B.I-18/9/2007 19 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 22
PART 3--ACCIDENT COMPENSATION ACT 1985
22 Amendment of sections 5--Definitions
See: (1) In section 5(1) of the Accident Compensation
Act No.
10191. Act 1985--
Reprint No. 14
5 as at (a) for the definition of remuneration
26 July 2006
and
substitute--
amending
Act Nos "remuneration has the same meaning as it
41/2006, has in section 3(1) of the Accident
107/1997,
95/2003, Compensation (WorkCover
10 97/2005, Insurance) Act 1993;";
24/2006,
69/2006, (b) the definition of superannuation benefit is
80/2006 and
34/2007. repealed;
LawToday:
www. (c) insert the following definition--
legislation.
vic.gov.au "employer superannuation contribution
15 means any contribution made by an
employer in respect of a worker to any
scheme or fund for the payment of
superannuation, retirement or death
benefits including a contribution made
20 by an employer on behalf of the worker
under a salary sacrifice agreement or
arrangement but excluding--
(a) any contribution in respect of a
worker which is not made for the
25 purposes of avoiding a liability on
an employer under the
Superannuation Guarantee
(Administration) Act 1992 of the
Commonwealth; or
30 (b) any contribution in respect of a
worker which is not made for the
purposes of discharging an
obligation on an employer
under--
561066B.I-18/9/2007 20 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 23
(i) any industrial award,
enterprise bargaining
agreement, registered
industrial agreement,
5 approved workplace
agreement or other similar
agreement; or
(ii) any public sector
superannuation scheme,
10 agreement or arrangement;
or
(iii) any other Commonwealth or
State law relating to
superannuation; or
15 (c) any contribution, made by an
employer in respect of a worker
under a salary sacrifice agreement
or arrangement, of a kind or class
specified by the Minister by an
20 Order published in the
Government Gazette;".
(2) After section 5(8) of the Accident Compensation
Act 1985 insert--
"(8A) For the purposes of sections 6(1), 8(1) and
25 9(2)(e), superannuation benefit has the
same meaning as it has in section 3(1) of the
Accident Compensation (WorkCover
Insurance) Act 1993.".
23 Repeal of provisions relating to remuneration
30 Sections 5(15), 5(16), 5(17), 5D and 5E of the
Accident Compensation Act 1985 are repealed.
561066B.I-18/9/2007 21 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 24
24 Amendment of section 5A--Pre-injury average
weekly earnings
(1) After section 5A(1) of the Accident
Compensation Act 1985 insert--
5 "(1A) Despite subsection (1), the worker's pre-
injury average weekly earnings do not
include, and are deemed to have never
included, any employer superannuation
contribution.".
10 (2) In section 5A(6)(f) of the Accident
Compensation Act 1985 after "materials" insert
"or to any employer superannuation contribution".
25 Amendment of section 91--Assessment of
impairment
15 (1) In section 91(1)(a)(i) of the Accident
Compensation Act 1985 after "Guides" insert
"as applicable subject to subsections (1A)
and (1B)".
(2) In section 91(1)(a)(ia) of the Accident
20 Compensation Act 1985 after "subject to" insert
"subsections (1A) and (1B) and".
(3) After section 91(1) of the Accident
Compensation Act 1985 insert--
"(1A) Despite anything to the contrary in the
25 A.M.A Guides, an assessment under
subsection (1) of the degree of impairment
resulting from an injury must be made--
(a) after the injury has stabilised; and
(b) subject to subsection (7), based on the
30 worker's current impairment as at the
date of the assessment, including any
changes in the signs and symptoms
following any medical or surgical
treatment undergone by the worker in
35 respect of the injury.
561066B.I-18/9/2007 22 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 26
(1B) The A.M.A Guides apply in respect of an
assessment under section 3.3d of Chapter 3
of the A.M.A Guides as if the following
were omitted--
5 "with the Injury Model, surgery to treat
an impairment does not modify the
original impairment estimate, which
remains the same in spite of any
changes in signs or symptoms that may
10 follow the surgery and irrespective of
whether the patient has a favourable or
unfavourable response to treatment".
(4) In sections 91(7)(d), 91(7C), 91(9), 91(10) and
91(12) of the Accident Compensation Act 1985
15 for "A.M.A." (wherever occurring) substitute
"A.M.A".
26 Amendment of section 99--Compensation for
medical and like services
In section 99(1)(aa) of the Accident
20 Compensation Act 1985 for "$1960" substitute
"$5000".
27 Amendment of section 100--Indexation
(1) For section 100(2B)(d) of the Accident
Compensation Act 1985 substitute--
25 "(d) section 99, other than section 99(1)(aa);".
(2) After section 100(2B) of the Accident
Compensation Act 1985 insert--
"(2BA) The amount of $5000 referred to in
section 99(1)(aa) must be varied, in respect
30 of the financial year beginning on 1 July
2008 and each subsequent financial year, in
accordance with the formula--
561066B.I-18/9/2007 23 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 28
E
D×
F
where--
D is the amount of $5000 referred to in
section 99(1)(aa).
5 E is the all groups consumer price index
for Melbourne as at 15 June in the
preceding financial year last published
by the Australian Statistician in respect
of the December quarter of that
10 financial year.
F is the all groups consumer price index
for Melbourne as at 15 June in the year
preceding the preceding financial year
published by the Australian Statistician
15 in respect of the December quarter
preceding that 15 June.".
28 New Division 8 of Part IX inserted
After Division 7 of Part IX of the Accident
Compensation Act 1985 insert--
20 "Division 8--Transport Accident and Accident
Compensation Acts Amendment Act 2007
296 Section 91
(1) Subject to subsections (2) and (3),
section 91, as amended by section 25 of the
25 Transport Accident and Accident
Compensation Acts Amendment Act 2007,
applies in respect of any assessment of the
degree of impairment resulting from an
injury, being an assessment that relates to
30 any claim for compensation made under
section 98C, irrespective of when the injury
occurred or when the claim for compensation
under section 98C was made.
561066B.I-18/9/2007 24 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 28
(2) Despite subsection (1), the amendment of
section 91 by section 25 of the Transport
Accident and Accident Compensation
Acts Amendment Act 2007 does not affect
5 the rights of the parties in the proceedings
known as Mountain Pine Furniture Pty Ltd v
Taylor [2007] VSCA 146.
(3) Despite subsection (1), section 91 as in force
immediately before the commencement of
10 section 25 of the Transport Accident and
Accident Compensation Acts Amendment
Act 2007 continues to apply if before that
commencement a worker has--
(a) made a claim for compensation under
15 section 98C; and
(b) attended, after the injury has stabilised,
at least one independent impairment
examination under section 104B(4) for
the purposes of assessing the degree of
20 impairment under section 104B(5)
conducted in accordance with the
decision in the proceedings known as
Mountain Pine Furniture Pty Ltd v
Taylor [2007] VSCA 146.
25 297 Section 99(1)(aa)
Section 99(1)(aa), as amended by section 26
of the Transport Accident and Accident
Compensation Acts Amendment Act 2007,
applies in respect of any claim for
30 compensation made under that section after
the commencement of section 26 of the
Transport Accident and Accident
Compensation Acts Amendment Act 2007,
irrespective of when the injury or death
35 occurred.".
561066B.I-18/9/2007 25 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 3--Accident Compensation Act 1985
s. 29
29 Statute law revision
In the Accident Compensation Act 1985--
(a) in section 5(7) for "claim lessee mine"
substitute "claim, lessee, mine,";
5 (b) in section 252(4)(a) for "242(10) 248"
substitute "242(10), 248".
__________________
561066B.I-18/9/2007 26 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 30
PART 4--ACCIDENT COMPENSATION (WORKCOVER
INSURANCE) ACT 1993
30 Amendment of section 3(1)--Definitions
(1) In section 3(1) of the Accident Compensation See:
Act No.
5 (WorkCover Insurance) Act 1993, for the 50/1993.
definition of remuneration substitute-- Reprint No. 6
as at
1 July 2005
"remuneration means any wages, remuneration, and
salary, commission, bonuses or allowances amending
Act No.
paid or payable (whether at piece work rates 41/2006.
10 or otherwise and whether paid or payable in LawToday:
www.
cash or in kind) to or in relation to a worker legislation.
as such and, without limiting the generality vic.gov.au
of the foregoing, includes--
(a) any amount paid or payable by way of
15 remuneration to a person holding an
office under the Crown in right of the
State or in the service of the Crown in
right of the State; and
(b) any amount paid or payable under any
20 prescribed classes of contracts to the
extent to which that payment is
attributable to labour; and
(c) any amount deemed under this Act or
the Accident Compensation Act 1985
25 to be remuneration; and
(d) any amount paid or payable by a
company by way of remuneration to or
in relation to a director or member of
the governing body of that company;
30 and
(e) wages, remuneration, salary,
commission, bonuses or allowances
paid or payable whether in cash or in
kind to or in relation to a worker by any
561066B.I-18/9/2007 27 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 30
person acting for or in concert or under
an arrangement or understanding
whether formal or informal and
whether expressed or implied with an
5 employer; and
(f) any amount paid or payable by way of
commission to an insurance or time-
payment canvasser or collector--
but does not include--
10 (g) remuneration paid or payable to a
person within the meaning of
section 16(1) of the Accident
Compensation Act 1985 engaged by
an employer to participate as a
15 contestant in a sporting or athletic
activity in respect of the services
provided by the person while the person
is--
(i) participating as a contestant in a
20 sporting or athletic activity; or
(ii) engaged in training or preparation
with a view to participating as a
contestant in a sporting or athletic
activity; or
25 (iii) travelling between a place of
residence and the place at which
the person is engaged to
participate, or participating, as a
contestant in a sporting or athletic
30 activity; or
(h) remuneration paid or payable to an
apprentice under a training contract
made in accordance with a training
scheme that is approved by the
35 Victorian Skills Commission under
Part 5.5 of the Education and
561066B.I-18/9/2007 28 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 30
Training Reform Act 2006 if the
apprentice or training scheme is, or is in
a class of apprentices or training
schemes, declared by the Minister to be
5 an apprentice or training scheme to
which this paragraph applies; or
(i) remuneration that does not exceed the
exemption limit; or
(j) any payment of compensation in
10 respect of an injury under the Accident
Compensation Act 1985 or the
Workers Compensation Act 1958;
superannuation benefit means money paid or
payable by an employer in respect of a
15 worker--
(a) to or as a superannuation fund within
the meaning of the Superannuation
Industry (Supervision) Act 1993 of the
Commonwealth; or
20 (b) as a superannuation guarantee charge
within the meaning of the
Superannuation Guarantee
(Administration) Act 1992 of the
Commonwealth; or
25 (c) to or as any other form of
superannuation, provident or retirement
fund or scheme including--
(i) a Superannuation Holding
Accounts Reserve within the
30 meaning of the Small
Superannuation Accounts Act
1995 of the Commonwealth; and
561066B.I-18/9/2007 29 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 30
(ii) a retirement savings account
within the meaning of the
Retirement Savings Accounts Act
1997 of the Commonwealth; and
5 (iii) a wholly or partly unfunded fund
or scheme;".
(2) After section 3(2) of the Accident Compensation
(WorkCover Insurance) Act 1993 insert--
"(3) A reference in the definition of
10 superannuation benefit in subsection (1) to
a worker includes a reference to any person
to whom, by virtue of a paragraph of the
definition of remuneration in subsection (1),
an amount paid or payable in the
15 circumstances referred to in that paragraph
constitutes remuneration.
(4) For the purposes of this Act, a reference to
remuneration includes a reference to
superannuation benefits, other than those
20 paid or payable in respect of services
performed or rendered by a worker before
1 January 1998.
(5) For the purposes of this Act, a
superannuation, provident or retirement fund
25 or scheme is unfunded to the extent that
money paid or payable by an employer in
respect of a worker covered by the fund or
scheme is not paid or payable during the
worker's period of service with the
30 employer.".
561066B.I-18/9/2007 30 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 31
31 New sections 3A and 3B inserted
After section 3 of the Accident Compensation
(WorkCover Insurance) Act 1993 insert--
"3A Superannuation benefits relating to
5 services performed before 1 January 1998
(1) Money paid by an employer on or after
1 January 1998 as a superannuation benefit
that is alleged by the employer to be paid in
respect of services performed or rendered by
10 a worker before that day, must be evidenced
to the satisfaction of the Authority in the
employer's records for the calculation of
premiums under this Act.
(2) In particular, the employer's records must
15 show the manner of calculation of the benefit
and any actuarial basis for it.
(3) For the purposes of subsection (2) and of any
calculation of premiums to which that
subsection is relevant, the certificate of a
20 fellow or accredited member of the Institute
of Actuaries of Australia to the effect that the
actuarial basis on which an amount is
calculated is justified is evidence and, in the
absence of evidence to the contrary, proof of
25 that fact.
(4) If records are not kept as required by this
section, the Authority is entitled to assume
for the purposes of the calculation of
premiums, that a payment of money by an
30 employer as a superannuation benefit on or
after 1 January 1998 is an amount payable in
respect of services performed or rendered by
a worker on or after that day.
561066B.I-18/9/2007 31 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 32
3B Superannuation benefits not readily
related to particular workers or their
periods of service
For the purposes of any calculation of
5 premiums, the Authority may determine--
(a) whether, and the extent to which, any
money paid or payable by an employer
to a superannuation, provident or
retirement fund or scheme that is not
10 identified by the employer as paid or
payable in respect of a particular
worker (and whether or not purporting
to be so paid or payable on any
actuarial basis) is to be regarded as a
15 superannuation benefit paid or payable
in respect of a particular worker; and
(b) subject to section 3A, the portion of any
money paid on or after 1 January 1998
by an employer as a superannuation
20 benefit to a wholly or partly unfunded
fund or scheme, being money paid in
respect of a worker (or that is to be
regarded under paragraph (a) to have
been so paid) who performed or
25 rendered services to the employer on or
after, as well as before, 1 January 1998,
that is to be regarded as having been
paid in respect of services performed or
rendered before that date.".
30 32 Transitional
At the end of section 74 of the Accident
Compensation (WorkCover Insurance) Act
1993 insert--
"(2) No act, matter or thing is affected only
35 because of the repeal of the definitions of
superannuation benefit and remuneration
561066B.I-18/9/2007 32 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 4--Accident Compensation (WorkCover Insurance) Act 1993
s. 32
in the Accident Compensation Act 1985,
and sections 5(15), 5(16), 5(17), 5D and 5E
of that Act, by sections 22 and 23 of the
Transport Accident and Accident
5 Compensation Acts Amendment Act 2007
and the re-enactment of those provisions in
this Act by sections 30 and 31 of the
Transport Accident and Accident
Compensation Acts Amendment Act
10 2007.".
__________________
561066B.I-18/9/2007 33 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Part 5--Repeal
s. 33
PART 5--REPEAL
33 Repeal of Act
This Act is repealed on the first anniversary of
the day on which it receives the Royal Assent.
561066B.I-18/9/2007 34 BILL LA INTRODUCTION 18/9/2007
Transport Accident and Accident Compensation Acts Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561066B.I-18/9/2007 35 BILL LA INTRODUCTION 18/9/2007
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