ACCIDENT COMPENSATION ACT 1985 No. 10191 of 1985 Version incorporating amendments as at 1 December 2009 Accident Compensation Act 1985 - TABLE OF PROVISIONS Section Page PART I-PRELIMINARY 1. Short title 2. Commencement 3. Objects of Act 4. Application of Act 4A. Interpretation 4AA. Compensation for death of worker 5. Definitions 5A. Pre-injury average weekly earnings 5B. Current weekly earnings 5C. Taxable value of fringe benefits 5D, 5E. Repealed 6. Timber contractors 7. Passenger vehicles 8. Contractors 9. Independent contractors 10. Persons deemed to be workers under relevant contracts 10A. Sub-contracting where sub-contractor not a worker 11. Share farmers 12. Religious bodies and organizations 13. Secretaries of co-operative societies 14. Persons employed by Crown or administrative units 14A. Act binds the Crown 15. Places of pick-up 16. Sporting contestants 17. Repealed PART II-THE VICTORIAN WORKCOVER AUTHORITY Division 1-Establishment 18. Establishment of Authority 19. Objectives of the Authority 20. Functions of the Authority 20A. Powers of the Authority 20B. Additional powers of the Authority 20C. Accountability of the Authority 20D. Advisory practice notes 21. Delegation 21A. Investigation of certain delegates by Ombudsman 22. Chief executive of the Authority and officers and employees 23. Authorised agents 23AA. Investigation of authorised agent by Ombudsman 23A. Existing authorised insurers Division 2-Board of Management 24. Establishment of Board 25. Full-time Director and Chief Executive 26. Part-time Directors 27. Chairperson 28. Meetings of the Board 29. General terms of appointment of Directors 30. Acting Directors 31. Pecuniary interests of Directors 31A. WorkCover Advisory Committee Division 3-Financial matters 32. WorkCover Authority Fund 33. Borrowing powers 33A. Contributions to the WorkCover Authority Fund 34. Budget 34A. Operating and financial report 35-38B. Repealed PART III-DISPUTE RESOLUTION Division 1-County Court 39. Jurisdiction-general 40. Jurisdiction under Workers Compensation Act 1958. 41. Repealed 42. Transitional: proceedings commenced but not determined 42A. Transitional: medical or like matters commenced but not determined 42B. Transitional: final conclusion of proceedings 43. Jurisdiction of Magistrates' Court 44. Evidence 45. Medical questions 46. Admissibility of statements by injured workers 47. Admissibility of medical reports 48. Admissibility of certificates and reports of Medical Panels 49. Certain proceedings referred for conciliation 50. Costs 50A. Costs liability of legal practitioner 51. Appeals to Supreme Court 52. Appeals Division 1A-Accident Compensation Conciliation Service 52A. Establishment of the Service 52B. Function 52C. Powers 52D. Appointment of Conciliation Officers 52E. Engagement of Conciliation Officers 52F. Senior Conciliation Officer 52G. Appointment of acting Senior Conciliation Officer 52H. When a Conciliation Officer ceases to hold office 52I. Removal from office 52J. Other staff and administrative services 52K. Service budget 52L. Authority to fund the Service 52LA. Signature 52M. Savings and transitional provisions Division 2-Conciliation of disputes 53. Definitions 54. Repealed 55. Lodging of disputes 55A. Referral of medical question by consent 56. Procedures before Conciliation Officers 57. Conciliation of disputes 58. Protection against liability for Conciliation Officers 58A. Protection of legal practitioners 58B. Offence to not comply with direction 59. Disputes relating to weekly payments 60. Revocation of directions of Conciliation Officer 61. Payments under direction etc. not admission of liability 61A. Certain evidence inadmissible in proceedings 62. Costs Division 3-Medical Panels 63. Establishment and constitution 63A. Advisory functions 64. Term of and removal from office and vacancies 65. Procedures and powers 66. Validity of acts or decisions 67. Examination by a Medical Panel 68. Opinions 69-79. Repealed PART IV-PAYMENT OF COMPENSATION Division 1-Application 80. Entitlement to compensation only if employment connected with Victoria 81. Application to sailors 82. Entitlement to compensation 83. Out of or in the course of employment 84. Compensation for workers injured outside Victoria 84B. Person not to be compensated twice 85. Entitlement to damages outside Victoria 86. Compensation for disease due to employment 87. Proclaimed diseases 88. Compensation for industrial deafness 89. Further loss of hearing 90. Effect of determination for industrial deafness 91. Assessment of impairment Division 1A-Determination by courts and recognition of determinations 91A. Determination of State with which worker's employment is connected in proceedings under this Act 91B. Determination by County Court of State with which worker's employment is connected 91C. Recognition of previous determinations 91D. Determination may be made by consent Division 2-Benefits 92. Compensation for death of a worker 92A. Revised compensation for death of worker 92B. Weekly pensions for dependants of worker who dies 92C. Payment of weekly pensions 93. Compensation in weekly payments 93A. First 26 weeks of incapacity 93B. After 26 weeks incapacity 93C. Sections 93A and 93B-Grandfather provision 93CA. First entitlement period 93CB. After the first entitlement period and until the expiry of the second entitlement period 93CC. After the expiry of the second entitlement period 93CD. Application to continue to receive weekly payments after expiry of the second entitlement period 93D. Suitable employment 93DA. Notional earnings 93E. Injury after retirement 93EA. Compensation for incapacity arising after retirement age 93F. Compensation after retirement 94, 95. Repealed 96. Effect of superannuation pensions and lump sums on weekly payments 96A. Notification of entitlement to certain payments 97. Provisions relating to the payment of compensation 98. Compensation for maims 98A. Compensation for pain and suffering 98B. Repealed 98C. Compensation for non-economic loss 98D. Payment of Compensation 98E. No Disadvantage-Compensation Table 99. Compensation for medical and like services 99AAA. Co-ordinated care programs 99AA-99AD Repealed 99A. Commission or self-insurer may pay for rehabilitation service 99B. Repealed 100. Indexation 100A. Repealed Division 3-Claims management and procedures 101. Employer to keep register of injuries etc. 102. Notice of injury 103. Claim for compensation 103A. Restriction on certain claims for compensation under sections 98 and 98A. 104. Claims for compensation under sections 98 and 98A. 104AA. Withdrawal of claims for compensation under sections 98 and 98A. 104A. Directions relating to claim for compensation under sections 98 and 98A. 104B. Claims for compensation under section 98C. 105. Medical certificate 106. Lodging of claims with Authority in certain circumstances 107. Provision of information to claimant 107A. General right of access to information under this Act 108. Responsibilities of employer 109. Responsibilities of self-insurers and the Authority 110. Application by worker to alter amount of weekly payments 111. Worker's capacity for work 112. Medical examinations 113. Medical certificate 114. Termination or alteration of weekly payments 114A. Reduction of weekly payments after the first entitlement period within the meaning of section 93CA(1) 114B. Termination of weekly payments after expiry of entitlement period 114C. Time for payment 114D. Payment of weekly payments 114E. Outstanding weekly payments 114F. Recovery of payments Division 3A-Voluntary settlements Subdivision 1-Settlements for certain serious injuries suffered on or after 12 November 1997 and before 20 October 1999. 115. Who this Subdivision applies to 115A. Right to apply for settlement 115B. Calculation of settlement amount 115C. Procedure for assessment of impairment 115D. Notice to worker 115E. Existing assessments to be used 115F. Transitional provision for workers who have had psychiatric impairment assessed 115G. Transitional provisions for workers who have not had psychiatric impairment assessed 115H. Certain workers may re-start section 98C claim 115I. Continuation of existing claims Subdivision 2-Settlements for certain injuries suffered on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992. 116. Who this Subdivision applies to 116A. Right to apply for settlement 116B. Calculation of settlement amount 116C. Order in Council concerning settlements Subdivision 3-Other settlements in specific circumstances 117. Who this Subdivision applies to 117A. Right to apply for settlement 117B. Amount of settlement 117C. Transitional provision concerning applications under former section 115(1)(a) 117D. Transitional provision concerning former section 115(1)(b) claims 117E. Qualification concerning operation of sections 117C and 117D. 117F. Further qualification concerning operation of sections 117C and 117D. 117G. Exception to sections 117C(2) and 117D(3) Subdivision 4-Other settlements 118. Application of this Subdivision 118A. Right to apply for settlement 118B. Amount of settlement 118C. Order in Council concerning settlements Subdivision 5-Application procedure 119. Expression of interest must first be given 119A. Time limits apply to some expressions of interest 119B. Authority or self-insurer must respond to expression of interest 119C. Application for settlement 119D. Time limit for making applications 119E. Authority or self-insurer must respond to application 119F. Time limit on response to offer 119G. Payment and nature of settlement amounts 119H. Adjustment of settlement amount offers 119I. Worker may withdraw application at any time 119IA. Circumstances in which offer may be withdrawn or settlement avoided 119J. Preclusion of further claims 119K. Authority or self-insurer may extend or waive time limits 119L. Minister may issue directions 120. Repealed Division 3B-Repealed 121-121E Repealed Division 3C-General 122. Repealed 123. Return to work 123A. Notice to include statement of right of review 123B. Prohibition on recovery of certain costs Division 4-Liability for payment of compensation 124. Application of Division 125. Liability to pay compensation 125A. Liability to pay compensation-on or after 4 p.m. on 30 June 1993. 125B. Liability to pay compensation-recovery 126. Provisions to apply where there is no employer 127. Provisions to apply where employer does not meet liabilities Division 5-Payment of compensation 128. Provisions relating to payment of compensation 128A. Interim payments Division 6-Contribution between Commission and self-insurers 129. Gradual process effecting injury etc. Division 6A-Contribution by contributors 129A. Definitions 129B. Application and object of Division 129C. Contribution in case of contribution injury 129D. Assessments 129E. Evidence 129F. Recovery of amounts assessed as payable 129G. Review of assessment 129H. Information 129I. Recoveries Review Committee 129J. Refund of contributions 129K. Time 129L. Extension of policies 129M. Offences Division 6AB-Choice of law 129MA. The applicable substantive law for work injury claims 129MB. Claims to which Division applies 129MC. What constitutes injury and employment and who is employer 129MD. Claim in respect of death included 129ME. Meaning of substantive law 129MF. Availability of action in another State not relevant Division 6B-Conduct of common law proceedings 129N. Definitions 129O. Application of Division 129P. Apportionment of liability 129Q. Notice of proceedings 129R. Conduct of defence 129S. Order for apportionment of liability Division 7-Administration by a trustee company 130. Certain funds to be administered by trustee company 131. Powers of trustee company in relation to administration 132. Powers of trustee company to make determinations 133. Repealed Division 8-Insurance of common law liabilities 134. Repealed Division 8A-Actions in respect of injuries arising on or after 20 October 1999. 134AA. Actions for damages 134AB. Actions for damages 134ABA. Calculation of limitation of actions period 134AC. Effect of decision on application 134AD. Hearing of Appeal 134AE. Giving of reasons 134AF. Directions 134AG. Legal costs order Division 9-Actions in respect of injuries to which Division 8A does not apply 134A. Actions for damages only in accordance with this Act 135. Actions for damages 135A. Actions for damages 135AB. Directions 135AC. Limitation of Actions Act 1958. 135B. Injuries before 1 December 1992. Division 9A-Actions by terminally ill workers 135BA. Actions by terminally ill workers Division 9B-Actions by workers with asbestos-related conditions 135BB. Actions by workers with asbestos-related conditions Division 10-Other actions and rights 135C. Damages under Part III of Wrongs Act 1958. 135D. Structured settlements 136. Authority or employer not liable for certain costs and expenses 137. Liability of the Transport Accident Commission 137A. Settlement between Transport Accident Commission and the Authority 138. Indemnity by third party 138A. Substantive law 138B. Compensation for pain and suffering PART V-SELF-INSURERS 139. Definitions 139AA. Application of Part V 139A. Municipal Association of Victoria as self-insurer 139B. MAV to act as insurer 140. Repealed 141. Application for approval as self-insurer 141A. Application for approval as self-insurer by MAV 142. Approval as self-insurer 142A. Approval of MAV as self-insurer 142B. Application for approval as self-insurer by partnership 142C. Approval of partnership as self-insurer 142D. Provision relating to approvals 143. Self-insurer's liability to pay compensation 143A. Claims management 144. Notice to be given to body corporate if application refused 145. Repealed 146. Liabilities of self-insurer to be guaranteed 147. Repealed 148. Review of approval 149. Revocation of approval 150. Time revocation takes effect 151. Provisions to apply where body corporate ceases to be self-insurer 151A. Provisions to apply where subsidiary of body corporate becomes a non-WorkCover employer 151B. Non-WorkCover employer ceases to be a self-insurer 152. Payments by Authority 153. Investigation of self-insurer by Ombudsman 154, 154A Repealed 155. Secrecy provisions PART VI-OCCUPATIONAL REHABILITATION, RETURN TO WORK PLANS AND RISK MANAGEMENT 155A. Employer to re-employ worker 155B. Exemption from section 155A. 156. Occupational rehabilitation and risk management programs 157. Exemption from requirements of section 156. 158. Contents of occupational rehabilitation program 159. Risk management program 160. Contents of return to work plan 161. Functions of return to work co-ordinator 162. Interview about employment opportunities 163. Powers of the Authority PART VIA-NON-WORKCOVER EMPLOYERS 164. Definitions 165. Authority retains or assumes liability for tail claims 166. Actuary to assess tail claims liabilities 167. Obligation of non-WorkCover employer who was insured under a WorkCover insurance policy 168. Obligation of non-WorkCover employer who was a self-insurer or a subsidiary of a self-insurer to which this Part applies 169. Annual assessment of tail claims liabilities 170. Adjustment of payments as at the end of the third year 171. Adjustment of payments as at the end of the sixth year 172. Provision of guarantees 173. Review of final revised assessment at the end of the liability period 174. Liability of Authority under this Part 175. Legal proceedings excluded 176. Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer 177, 178 Repealed PART VII-Repealed PART VIIA-PROHIBITED CONDUCT RELATING TO TOUTING FOR CLAIMS 179. Definitions 180. Prohibited conduct by agents 181. Offence of engaging in prohibited conduct 182. Consequences of prohibited conduct for recovery of fees by agents 183. Consequences of prohibited conduct for legal practitioners 184. Legal practitioner and agents can be requested to certify as to prohibited conduct 185. Power to restrict or ban recovery of costs by agents who engage in prohibited conduct 186. Power to restrict or ban agents who engage in prohibited conduct 187. Past conduct included in assessing persistent conduct 188. Duty of claimants to comply with requests for information about agents and legal practitioners 189-236. Repealed PART VIII-GENERAL 237. Repealed 237A. Reciprocal agreements 238. Authority may enter into agreements 238A. Incentive agreements to improve employer performance 239. Power to obtain information and evidence 239A. Certificate 239AA. Levy 240. Powers of inspection 240A. Warrants to enter and search 241. Offence to obstruct inspection 242. Offences 242A. Unauthorised use of information 243. Secrecy provisions applying to Act except Parts 6 and 7. 244. Secrecy provisions applying to Part 7. 244A. State taxation officer 245. Signature 246. Service of documents by the Authority 247. Service of documents on the Authority 248. Fraud 248AA. Bribery 248A. False or misleading information 248B. Investigation of fraud 248C. Indemnity 249. False information 249A. Refunding money to the Authority etc. 249B. Suspension or forfeiture of payment for services 249C. Victorian Civil and Administrative Tribunal 250. Obstructing officers 250A. Offences by bodies corporate 250B. Responsible agency for the Crown 250C. Proceedings against successors to public bodies 251. General penalty 252. Institution of prosecutions 252A. Evidence 252B. Guidelines, forms and advisory practice notes 252C. Supreme Court-limitation of jurisdiction 252D. Supreme Court-limitation of jurisdiction 252E. Supreme Court-limitation of jurisdiction 252E. Supreme Court-limitation of jurisdiction 252G. Supreme Court-limitation of jurisdiction 253. Regulations PART IX-SAVINGS AND TRANSITIONAL PROVISIONS-AMENDING ACTS Division 1-Accident Compensation (Miscellaneous Amendment) Act 1997. 254. Definition of amending Act 255. Section 91 (Assessment of impairment) Division 2-Accident Compensation (Common Law and Benefits) Act 2000. 256. Definition of amending Act 257. Section 5A (Pre-injury average weekly earnings) Division 3-Accident Compensation and Transport Accident Acts (Amendment) Act 2003. 258. Definitions 259. Section 5(1) (Definition of injury) 260. Section 5(1) (Definition of medical service) 261. Section 5A (Pre-injury average weekly earnings) 262. Section 82 (Entitlement to compensation) 263. Section 86 (Compensation for disease due to employment) 264. Section 91 (Assessment of impairment) 265. Section 98C (Compensation for non-economic loss) 266. Section 99 (Compensation for medical and like services) 267. Part IV (Payment of Compensation) 268. Sections 155A and 155B (Employer to re-employ worker) 269. Section 156 (Occupational rehabilitation and risk management programs) Division 4-Accident Compensation Legislation (Amendment) Act 2004. 270. Sections 5(1), 88, 89, 91 and 98C-(claims for compensation for further loss of hearing) 271. Section 39 (Jurisdiction-general) 272. Section 92A (Revised compensation for death of worker) 273. Section 93C (Grandfather provision) 274. Section 93CB (After the first entitlement period and until the expiry of the second entitlement period) 275. Section 93E (Injury after retirement) 276. Section 99-occupational rehabilitation services 277. Section 102 (Notice of injury) 278. Sections 103, 106, 108 and 109-(forwarding of claims for weekly payments) 279. Section 104B (Claims for compensation under section 98C) 280. Section 119IA (Circumstances in which offer may be withdrawn or settlement avoided) 281. Section 134AB (Actions for damages) 282. Section 135A (Actions for damages) 283. Section 135BA (Actions by terminally ill workers) Division 5-Accident Compensation (Amendment) Act 2005. 284. Sections 89, 91 and 98C-(claims for compensation for further loss of hearing) 285. Sections 111, 114 and 114B. Division 6-Treasury Legislation (Repeal) Act 2005. 286. Saving of rights under Miners' Phthisis (Treasury Allowances) Act 1938. Division 7-Accident Compensation and Other Legislation (Amendment) Act 2006. 287. Section 5A. 288. Section 16. 289. Sections 43, 50, 93C, 93CB and 93E. 290. Section 91. 291. Section 92A. 292. Sections 93B, 93CB and 93CD. 293. Section 93EA. 294. Section 99. 295. Sections 114 and 114B. Division 8-Transport Accident and Accident Compensation Acts Amendment Act 2007. 296. Section 91. 297. Section 99(1)(aa) Division 9-State Taxation and Accident Compensation Acts Amendment Act 2007. 298. Section 99. Division 10-Compensation and Superannuation Legislation Amendment Act 2008. 299. Section 138 (Indemnity by third party) Division 11-Asbestos Diseases Compensation Act 2008. 300. Section 135BB. __________________ SCHEDULE 1-Table to be used to Determine Settlement Amounts under Sections 115B and 117B. SCHEDULE 2-Modification to Degrees of Impairment for the Purposes of Section 98C. SCHEDULE 3-Adjacent Areas 1. Definitions 2. Adjacent areas --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Accident Compensation Act 1985 - PART I PART I PRELIMINARY Accident Compensation Act 1985 - SECT 1 Short title 1. Short title This Act may be cited as the Accident Compensation Act 1985. Accident Compensation Act 1985 - SECT 2 Commencement 2. Commencement (1) Subject to this section, this Act shall be deemed to have come into operation on the appointed day. (2) Part VII shall come into operation on the day fixed by proclamation of the Governor in Council published in the Government Gazette. (3) Section 91 shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. (4) Section 264(4) shall be deemed to have come into operation on 30 June 1985. (5) Parts I, II and VI and sections 272 and 275 come into operation on the day on which this Act receives the Royal Assent. (6) The item in Schedule Two which amends section 95 of the Stamps Act 1958 shall be deemed to have come into operation on 1 January 1985. (7) The item in Schedule Two which amends section 97 of the Stamps Act 1958 shall be deemed to have come into operation on 1 August 1985. (8) The items in Schedule Two which amend sections 98 and 99 of the Stamps Act 1958 shall be deemed to have come into operation on 30 June 1985. Accident Compensation Act 1985 - SECT 3 Objects of Act 3. Objects of Act The objects of this Act are- (a) to reduce the incidence of accidents and diseases in the workplace; (b) to make provision for the effective occupational rehabilitation of injured workers and their early return to work; (c) to increase the provision of suitable employment to workers who are injured to enable their early return to work; (d) to provide adequate and just compensation to injured workers; (e) to ensure workers compensation costs are contained so as to minimise the burden on Victorian businesses; (f) to establish incentives that are conducive to efficiency and discourage abuse; (g) to enhance flexibility in the system and allow adaptation to the particular needs of disparate work situations; (h) to establish and maintain a fully-funded scheme; (i) in this context, to improve the health and safety of persons at work and reduce the social and economic costs to the Victorian community of accident compensation. Accident Compensation Act 1985 - SECT 4 Application of Act 4. Application of Act (1) Despite anything to the contrary in this Act- (a) this Act, other than Divisions 6A and 6B of Part IV, applies to and in relation to an injury to a worker on or after the appointed day arising out of or in the course of employment on or after the appointed day; and (b) this Act, other than Divisions 6A and 6B of Part IV, does not apply to or in relation to an injury to a worker- (i) before the appointed day arising out of or in the course of employment before the appointed day; or (ii) after the appointed day arising out of or in the course of employment solely before the appointed day; and (c) Divisions 6A and 6B of Part IV apply in relation to an injury, disease or industrial deafness caused to or suffered by a worker before, on or after the appointed day which has arisen out of or in the course of any employment or is due to the nature of any employment in which the worker was employed at any time. (2) Subsection (1) does not affect the application of Part I or III where it is necessary for those Parts to apply to or in respect of an injury to a worker before the appointed day arising out of or in the course of employment. (3) Nothing in this Act entitles a worker to compensation in respect of a disease due to the nature of any employment in which the worker was employed unless the worker has been employed in employment of that nature on or after the appointed day. Accident Compensation Act 1985 - SECT 4A Interpretation 4A. Interpretation (1) If a worker commences or has commenced to receive compensation in the form of weekly payments, the entitlement of that worker to continue to receive weekly payments and the amount of those weekly payments depends upon the provisions of this Act as in force from time to time. (2) Subsection (1) applies irrespective of the date (whether before or after the commencement of section 4 of the Accident Compensation (Further Amendment) Act 1988 and whether before or after the commencement of any other Act amending this Act, whether enacted before or after the first-mentioned Act)- (a) on which a worker commences or commenced to receive weekly payments; and (b) of any claim, notice or application. * * * * * (4) Notwithstanding any provision of the Accident Compensation (Amendment) Act 1987, Part IV of this Act as in force prior to the commencement of the relevant provision of that Act applies to and only to the hearing and determination of any application lodged with the Tribunal- (a) before that commencement; or (b) after that commencement, in respect of or in relation to a recommendation made before that commencement; or (c) after that commencement, in relation to a recommendation made after that commencement in respect of an application made before that commencement. Accident Compensation Act 1985 - SECT 4AA Compensation for death of worker 4AA. Compensation for death of worker (1) Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the Workers Compensation Act 1958. (2) If a claim for compensation in respect of the death of a worker is made under the Workers Compensation Act 1958, a claim must not be made under this Act by any dependant of the worker unless the claim made under the Workers Compensation Act 1958 is withdrawn or is rejected. (3) This section applies in relation to deaths occurring on or after the appointed day but nothing in this section affects any payment of compensation made before the day on which section 4 of the Accident Compensation (Further Amendment) Act 1992 comes into operation. Accident Compensation Act 1985 - SECT 5 Definitions 5. Definitions (1) In this Act unless inconsistent with the context or subject-matter- * * * * * accounting records includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up; * * * * * ambulance service means the conveying of the worker by any reasonable means- (a) for the purpose of receiving medical or hospital services; or (b) to the worker's place of residence after receiving medical or hospital services; * * * * * appointed day means four o'clock in the afternoon of the day before the proclaimed day; apprentice except in section 16 means an apprentice within the meaning of the Education and Training Reform Act 2006; Authority means the Victorian WorkCover Authority established under this Act; * * * * * authorised agent means a person appointed as an authorised agent under section 23; authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; * * * * * * * * * * Board means the Board of Management of the Authority; * * * * * books includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document; company, for the purposes of the definition of remuneration, includes all bodies and associations (corporate and unincorporate) and partnerships; corresponding Authority means a Government department or a statutory 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 Compensation (WorkCover Insurance) Act 1993, the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994; * * * * * * * * * * * * * * * * * * * * current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment; dependant means a person who- (a) at the time of the death of a worker was wholly, mainly or partly dependent on the earnings of the worker; or (b) would but for the incapacity of a worker due to the injury have been wholly, mainly or partly dependent on the earnings of the worker; disease includes- (a) any physical or mental ailment, disorder, defect or morbid condition whether of sudden or gradual development; and (b) the aggravation, acceleration, exacerbation or recurrence of any pre-existing disease; domestic partner of a person means- (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); employer includes- (a) the legal personal representative of a deceased employer; (b) the Crown in right of the State; (c) any person deemed to be an employer by this Act; (d) any public, local or municipal body or authority; and (e) where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship or otherwise, that last-mentioned person while the worker is working for that other person; employer superannuation contribution 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 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 purposes of avoiding a liability on an employer under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; or (b) any contribution in respect of a worker which is not made for the purposes of discharging an obligation on an employer under- (i) any industrial award, enterprise bargaining agreement, registered industrial agreement, approved workplace agreement or other similar agreement; or (ii) any public sector superannuation scheme, agreement or arrangement; or (iii) any other Commonwealth or State law relating to superannuation; or (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 Order published in the Government Gazette; financial year, except in Part VII, means the period commencing on the appointed day and ending on 30 June 1986 and each year thereafter commencing on 1 July; fringe benefit has the same meaning as in the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth but does not include anything that is prescribed by the regulations not to be a fringe benefit for the purposes of this definition; full-time worker means a worker who is employed for at least the normal number of hours fixed in any industrial award applicable to the worker or if there is no applicable award the prescribed number of hours; heart attack injury means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated with- (a) any heart attack; or (b) any myocardial infarction; or (c) any myocardial ischaemia; or (d) any angina, whether unstable or otherwise; or (e) any fibrillation, whether atrial or ventricular or otherwise; or (f) any arrhythmia of the heart; or (g) any tachycardia, whether ventricular, supra ventricular or otherwise; or (h) any harm or damage to such a blood vessel or to any associated plaque; or (i) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel; or (j) any occlusion of such a blood vessel, whether the occlusion is total or partial; or (k) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel; or (l) any haemorrhage from such a blood vessel; or (m) any aortic dissection; or (n) any consequential physical harm or damage, including harm or damage to the brain; (o) any consequential mental harm or damage; hospital means- (a) a public hospital, denominational hospital, private hospital or day procedure centre within the meaning of the Health Services Act 1988 or a private hospital within the meaning of section 178 of the Health Act 1958; or (b) an approved mental health service within the meaning of the Mental Health Act 1986; or (c) a hospital within the meaning of a law of another State or of a Territory; or (d) a hospital outside Australia approved by the Authority; or (e) a place within Australia declared by Order of the Governor in Council to be a hospital for the purposes of this Act; hospital service includes- (a) maintenance, attendance and treatment in any hospital within the meaning of the Health Services Act 1988; and (b) the provision by any hospital of- (i) medical attendance and treatment; and (ii) nursing attendance; and (iii) medicines, medical, surgical and other curative materials, appliances or apparatus; and (iv) any other usual or necessary services provided by a hospital with respect to the treatment of the injury or disease of the worker; industrial deafness means any condition of deafness caused by- (a) exposure; (b) continued exposure; or (c) periods of continued exposure- to industrial noise; incapacity includes- (a) in relation to industrial deafness, inability to engage in the worker's own or other suitable employment because of an immediate and substantial risk of increasing the industrial deafness to a level of material disability; (b) a disfigurement that is sufficient to affect the earning capacity of a worker or a worker's opportunities for employment; injury means any physical or mental injury and, without limiting the generality of that definition, includes- (a) industrial deafness; (b) a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment); (c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease; Note This definition only applies to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 259. interest at the prescribed rate means interest at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983; legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; Medical Panel means a Medical Panel under this Act; medical practitioner means- (a) a medical practitioner registered under the Health Professions Registration Act 2005; and (b) in relation to anything done for the purposes of this Act- (i) in a place within Australia but outside Victoria, a medical practitioner who is lawfully qualified in that place to do that thing; and (ii) in a place outside Australia, a medical practitioner who is lawfully qualified in that place to do that thing and who is approved for the purposes of this Act by the Authority or self-insurer; medical question means- (a) a question as to the nature of a worker's medical condition relevant to an injury or alleged injury; or (ab) a question as to the existence, extent or permanency of any incapacity of a worker for work or suitable employment and the question whether a worker is partially or totally incapacitated; or (aba) a question as to whether a worker has a current work capacity or has no current work capacity and what employment would or would not constitute suitable employment; or (abb) a question as to whether a worker has no current work capacity and is likely to continue indefinitely to have no current work capacity; or (abc) a question as to whether a worker has a current work capacity and because of the injury, is, and is likely to continue indefinitely to be, incapable of undertaking further or additional employment or work, and if not so incapable, what further or additional employment or work the worker is capable of undertaking; or (ac) a question as to the medical service provided, or to be provided, to a worker for an injury, including a question as to the adequacy, appropriateness or frequency of that service; or (b) a question whether a worker's employment was in fact, or could possibly have been, a significant contributing factor to an injury or alleged injury, or to a similar injury; or (ba) if paragraph (b) does not apply, a question whether a worker's employment was in fact, or could possibly have been, a contributing factor to an injury or alleged injury, or to a similar injury; or (c) a question as to the extent to which any physical or mental condition, including any impairment, resulted from or was materially contributed to by the injury; or (d) a question as to the level of impairment of a worker including a question of the degree of impairment of a worker assessed in accordance with section 91 and a question as to whether or not that impairment is permanent; or (da) a question as to the amount of the total percentage referred to in section 89(3)(b); or (e) a question as to whether a worker has an injury which is a total loss mentioned in the Table to section 98E(1); or (f) a question whether a worker's incapacity for work resulted from or was materially contributed to by an injury or alleged injury; (g) a question whether a proposal under section 99AAA for a co-ordinated care program, or an alteration of such a program should be approved or such a program should be cancelled; or (h) a question prescribed to be a medical question in respect of an application for leave under section 134AB(16)(b); or (i) a question determined to be a medical question by a court hearing an application for leave under section 134AB(16)(b). medical service includes1- (a) attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist; and (b) the provision and as may be necessary from time to time (including at the time of the injury) the repair, adjustment or replacement of crutches, artificial members, eyes or teeth or spectacle glasses; and (ba) the provision and as may be necessary from time to time (including at the time of the injury) the repair, adjustment or replacement of hearing aids of a type approved by the Authority by a person or a class of persons approved by the Authority; and (c) the provision by a registered pharmacist on the request of a medical practitioner or registered dentist of medicines or curative apparatus, appliances or materials; and (d) the provision, on the request of a medical practitioner, by a person approved by the Authority of any health service approved by the Authority; and (e) the provision by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor and osteopath or registered podiatrist of any certificate required by the worker, the worker's dependants, an employer, the Authority or a self-insurer for any purpose relating to the operation of this Act or any report authorised by the Authority or a self-insurer; and (f) the provision, at the request of a medical practitioner, hospital or provider of a hospital service, of special food or a special food formula; and (g) the provision, at the request of a medical practitioner, of room temperature control equipment for a person who is unable to adequately regulate his or her own body temperature; and (h) the provision, at the request of a medical practitioner, of equipment intended to treat or stabilize any injury; Examples Examples of equipment referred to in paragraph (h) include life support equipment, ventilators and special lighting. (i) the provision of anything needed to operate, run, maintain or repair any equipment referred to in paragraph (g) or (h); Examples Examples of things referred to in paragraph (i) include electricity, water, lubricating oil and replacement filters and batteries. Note Paragraphs (f) to (i) only apply to services provided on or after the date of commencement of section 4 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 260. member of a family means the partner, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother, half-sister and any person who stands in the place of a parent in relation to another person or that other person; no current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to work, either in the worker's pre-injury employment or in suitable employment; notional earnings in relation to a worker means- (a) the current weekly earnings of the worker as a worker or current weekly earnings as a self-employed person; or (b) the weekly earnings that the Authority or self-insurer determines that the worker could earn from time to time (including, but not limited to, the amount of any current weekly earnings) in employment, whether the worker's employment previous to the injury or in suitable employment, that the Authority or self-insurer determines the worker is capable of performing despite the injury- whichever is the greater but does not include an amount paid to the worker by the Authority in respect of an employment programme provided or arranged by the Authority for the purposes of this Act; nursing service means a nursing service rendered by a registered nurse, otherwise than at a hospital or as a member of the nursing staff of a hospital; occupational rehabilitation program means an occupational rehabilitation program under Part VI; occupational rehabilitation service means any of the following services provided by a person who is approved by the Authority as a provider of an occupational rehabilitation service2- (a) initial rehabilitation assessment; (b) functional assessment; (c) workplace assessment; (d) job analysis; (e) advice concerning job modification; (f) occupational rehabilitation counselling; (g) vocational assessment; (h) advice or assistance concerning job-seeking; (i) vocational re-education; (j) advice or assistance in arranging vocational re-education; (k) preparation of a return to work plan; (l) the provision of aids, appliances, apparatus or other material likely to facilitate the return to work of a worker after an injury; (m) modification to a work station or equipment used by a worker that is likely to facilitate the return to work of the worker after an injury; (n) any other service authorised by the Authority- but does not include a hospital service; * * * * * partner of a worker means- (a) in relation to a worker who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001- (i) the worker's spouse at the time of the worker's death; or (ii) a person of the opposite sex who, though not married to the worker, lived with the worker at the time of the worker's death on a permanent and bona fide domestic basis; (b) in relation to a worker who dies on or after that commencement-the worker's spouse or domestic partner at the time of the worker's death; personal and household service means the provision of any one or more of the following of a kind or type, and by a person, approved by the Authority- (a) attendant care; (b) counselling; * * * * * (d) household help; (e) transportation costs; (f) at the request of a medical practitioner, an aid, assistance, appliance, apparatus or service, other than a medical service, hospital service or nursing service- and includes a rehabilitation service provided under this Act as in force before the commencement of section 80 of the Accident Compensation (WorkCover Insurance) Act 1993; prescribed means prescribed by the regulations; * * * * * proclaimed day means the day fixed under section 2(2); registered chiropractor means a chiropractor registered under the Health Professions Registration Act 2005; registered dentist means a dentist registered under the Health Professions Registration Act 2005; registered osteopath means an osteopath registered under the Health Professions Registration Act 2005; registered physiotherapist means a physiotherapist registered under the Health Professions Registration Act 2005; registered podiatrist means a podiatrist registered under the Health Professions Registration Act 2005; registered psychologist means a psychologist registered under the Health Professions Registration Act 2005; Registrar means Registrar or a deputy registrar of the County Court; * * * * * remuneration has the same meaning as it has in section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993; retirement age, in relation to a worker, means- (a) if there is a normal retiring age for workers in the occupation in which the worker was employed at the time of the injury-that age; or (b) the age of 65 years- whichever is the earlier, and, for the purposes of determining whether there is a normal retiring age for workers in an occupation, regard may be had to any retiring age in any industry or establishment where that occupation is carried on; return to work plan means a return to work plan under Part VI; risk management program means a risk management program under Part VI; * * * * * self-insurer means a body corporate or partnership approved as a self-insurer under Part V; spouse of a person means a person to whom that person is married; stroke injury means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated with- (a) any stroke; or (b) any cerebral infarction; or (c) any cerebral ischaemia; or (d) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel; or (e) any subarachnoid haemorrhage; or (f) any haemorrhage from such a blood vessel; or (g) any harm or damage to such a blood vessel or to any associated plaque; or (h) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel; or (i) any occlusion of such a blood vessel, whether the occlusion is total or partial; or (j) any consequential physical harm or damage, including neurological harm or damage; or (k) any consequential mental harm or damage; student worker means a worker within the meaning of paragraph (d) or (e) of the definition of worker; suitable employment, in relation to a worker, means employment in work for which the worker is currently suited (whether or not that work is available), having regard to the following- (a) the nature of the worker's incapacity and pre-injury employment; (b) the worker's age, education, skills and work experience; (c) the worker's place of residence; (d) the details given in medical information including the medical certificate supplied by the worker; (e) the worker's return to work plan, if any; (f) if any occupational rehabilitation services are being provided to or for the worker; * * * * * * * * * * Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; * * * * * Uninsured Employers and Indemnity Scheme means the scheme established under section 55 of the Accident Compensation (WorkCover Insurance) Act 1993; weekly payment means a weekly payment of compensation under section 93A, 93B or 93C or under section 93CA, 93CB, 93CC, 93CD, 93E or 93EA; WorkCover insurance policy has the same meaning as it has in section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993; worker means- (a) a person (including a domestic servant or an outworker) who has entered into or works under a contract of service or apprenticeship or otherwise with an employer whether by way of manual labour, clerical work or otherwise and whether the contract is express or implied, is oral or is in writing; (b) a person who under this Act is deemed to be working under a contract of service; (c) a person who under this Act is deemed to be a worker; (d) if a student at a school within the meaning of Part 5.4 of the Education and Training Reform Act 2006 is employed under an arrangement under that Part-that student whilst so employed; or (e) if a student of a TAFE provider is employed under a practical placement agreement under Part 5.4 of the Education and Training Reform Act 2006-that student whilst so employed- * * * * * (1A) For the purposes of the definition of injury, the employment of a worker shall be taken to include any travelling or other circumstances referred to in section 83 other than subsection (1)(a). (1B) In determining for the purposes of this Act whether a worker's employment was a significant contributing factor to an injury- (a) the duration of the worker's current employment; and (b) the nature of the work performed; and (c) the particular tasks of the employment; and (d) the probable development of the injury occurring if that employment had not taken place; and (e) the existence of any hereditary risks; and (f) the life-style of the worker; and (g) the activities of the worker outside the workplace- must be taken into account. (1C) The definition of medical question as amended by section 3(1) of the Accident Compensation (Miscellaneous Amendment) Act 1997 applies in respect of any referral lodged on or after the commencement of that section. (2) A reference in this Act to a Commonwealth Act is a reference, if that Act has been amended, to that Act as amended and in force for the time being. (3) A reference in this Act to a determination or decision includes a reference to- (a) making, suspending, varying, revoking or refusing or failing to make an order, award, decision or determination; (b) giving, suspending, varying, revoking or refusing or failing to give a certificate, direction, approval, consent or permission; and (c) issuing, suspending, varying, revoking or refusing or failing to issue a licence, authority or other instrument. (4) A reference in this Act to a worker who has been injured includes, where the worker is dead, a reference to the legal personal representative of the deceased worker. (4A) A person who is a participant in a declared training program is deemed to be a worker employed by the person who provides the workplace based training during any time that the person participates in the declared training program after the person who is to provide the workplace based training has entered into an agreement to provide the workplace based training. (4B) The Governor in Council may by Order in Council published in the Government Gazette- (a) declare a training program which includes the provision of workplace based training to be a declared training program; (b) specify a class of payments which are deemed to be remuneration paid or payable in respect of a participant in a declared training program. (4C) A payment which is deemed to be remuneration paid or payable in respect of a participant in a declared training program is deemed to be remuneration for the purposes of the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 paid or payable by the person who provides the workplace based training. (4D) The Landcare and Environment Action Program and the New Work Opportunities Program conducted by the Commonwealth of Australia are deemed to have been declared to be declared training programs. (4E) The training allowance payable to participants in the Landcare and Environment Action Program and the New Work Opportunities Program is deemed- (a) to be remuneration paid or payable in respect of a participant in a declared training program; and (b) to be remuneration for the purposes of the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 paid or payable by the person who provides the workplace based training. * * * * * (6) As between a tributer or sub-tributer and the lessee or owner of any mine or claim, the tributer or sub-tributer (as the case may be) shall, for the purposes of this Act, be deemed to be working under a contract of service with the lessee or owner and the lessee or owner shall for those purposes be deemed to be the employer in relation to the tributer or sub-tributer. (7) In subsection (6), claim, lessee, mine, sub-tributer and tributer have respectively the same meanings as in Part I or (if the case so requires) Part II of the Mines Act 1958. (8) If there is caused to a person who is not a worker otherwise than by reason of this subsection an injury arising out of or in the course of any employment programme provided or arranged by the Authority- (a) the person shall be deemed for the purposes of this Act to be a worker employed by the Authority; and (b) for the purposes of Division 2 of Part IV, the person's pre-injury average weekly earnings in relation to the injury shall be deemed to be the pre-injury average weekly earnings in relation to the injury because of which the worker is on the employment programme as indexed in accordance with section 100. (8A) For the purposes of sections 6(1), 8(1) and 9(2)(e), superannuation benefit has the same meaning as it has in section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993. (9) For the purposes of this Act, a reference to remuneration includes a reference to fringe benefits. (10) In this Act, a reference to remuneration does not include a reference to allowances for travelling or accommodation paid or payable at a rate in a particular case or class of cases that does not exceed such rate as is prescribed in respect of that case or class of cases. (11) In this Act any wages, remuneration, salary, commission, bonuses or allowances referred to in paragraph (e) in the interpretation of remuneration shall be deemed to be paid or payable by the employer. (12) A reference in this Act to remuneration paid or payable by an employer includes remuneration which is deemed to be paid or payable by the employer. (13) A reference in this Act to remuneration paid or payable by a related person or associate in a group within the meaning of section 196 of this Act or section 67 of the Accident Compensation (WorkCover Insurance) Act 1993 includes remuneration which would be deemed to be paid or payable by a related person or an associate if the related person or associate were the employer of the worker to whom it was paid. (14) In this Act in relation to wages, remuneration, salary, commission, bonuses or allowances paid includes provided, conferred and assigned. * * * * * (18) For the purposes of the definition of domestic partner in subsection (1)- (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. Accident Compensation Act 1985 - SECT 5A Pre-injury average weekly earnings 5A. Pre-injury average weekly earnings (1) In this Act, the worker's pre-injury average weekly earnings means- (a) the average weekly earnings during the 12 months preceding the relevant injury if the worker has been continuously employed by the same employer for that period; or (b) the average weekly earnings for the period less than 12 months preceding the relevant injury for which the worker has been continuously employed by the same employer- calculated at the worker's ordinary time rate of pay for the worker's normal number of hours per week. (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. (1AA) For the purposes of subsection (1), in calculating weekly payments of pension under section 92B for the first 26 weeks after the death of the worker, if- (a) the worker, during the relevant period under subsection (1), worked paid overtime; and (b) it is likely that the worker would have worked paid overtime at any time during that first 26 week period if not for the death of the worker resulting from, or materially contributed to, by an injury which entitles the worker's dependants to compensation- an additional amount calculated under subsection (1C) is to be included in the worker's pre-injury average weekly earnings. (1AB) For the purposes of subsection (1), in calculating weekly payments of pension under section 92B for the first 26 weeks after the death of the worker, if- (a) the worker, during the relevant period under subsection (1), carried out shift work that attracted a shift allowance; and (b) it is likely that the worker would have carried out shift work attracting a shift allowance at any time during that first 26 week period if not for the death of the worker resulting from, or materially contributed to, by an injury which entitles the worker's dependants to compensation- an additional amount calculated under subsection (1C) is to be included in the worker's pre-injury average weekly earnings. (1A) For the purposes of subsection (1), in calculating a worker's weekly payments for the first 26 weeks under sections 93CA and 93CB, if- (a) the worker, during the relevant period under subsection (1), worked paid overtime; and (b) it is likely that the worker would have worked paid overtime at any time during that first 26 week period if not for the incapacity resulting from, or materially contributed to, by the relevant injury- an additional amount calculated under subsection (1C) is to be included in the worker's pre-injury average weekly earnings. (1B) For the purposes of subsection (1), in calculating a worker's weekly payments for the first 26 weeks under sections 93CA and 93CB, if- (a) the worker, during the relevant period under subsection (1), carried out shift work that attracted a shift allowance; and (b) it is likely that the worker would have carried out shift work attracting a shift allowance at any time during that first 26 week period if not for the incapacity resulting from, or materially contributed to, by the relevant injury- an additional amount calculated under subsection (1C) is to be included in the worker's pre-injury average weekly earnings. Note Subsections (1A) and (1B) only apply with respect to a claim for weekly payments given, served or lodged on or after the date of commencement of section 5 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 261. (1C) For the purposes of subsections (1AA), (1AB), (1A) and (1B), the additional amount to be included is the amount derived from the following formula- where- A is the total of the amounts paid or payable to the worker for overtime or as a shift allowance (as the case may be) during the relevant period under subsection (1); B is the number of weeks in the relevant period under subsection (1) during which the worker worked or was on annual, sick or other paid leave. (1D) For the purposes of subsections (1AB), (1B) and (1C), a reference to a shift allowance includes a reference to an allowance that was paid, or that is payable, for weekend work. (2) For the purposes of subsection (1), if a worker voluntarily (otherwise than by reason of an incapacity resulting from an injury which entitled the worker to compensation)- (a) alters the normal number of hours worked; or (b) alters the nature of the work performed with the result that a change occurs in the worker's ordinary time rate of pay- any period before the alteration takes effect shall be disregarded in calculating the worker's average weekly earnings. (3) For the purposes of subsection (1), if the period for which the worker has been employed by the same employer is less than four weeks, the worker's pre-injury average weekly earnings may be calculated having regard to the weekly earnings which the worker could reasonably have been expected to have earned in that employment but for the relevant injury at the worker's ordinary time rate of pay for the worker's normal number of hours per week. (4) For the purposes of subsection (1), a worker's average weekly earnings shall, subject to subsections (1AA), (1AB), (1A) and (1B), be calculated by dividing the sum of amounts payable to the worker calculated at the worker's ordinary time rate of pay for the normal number of hours per week by the number of weeks during which the worker actually worked or was on annual, sick or other paid leave. (5) The worker's pre-injury average weekly earnings in relation to a worker who- (a) was not a full-time worker immediately before the injury; and (b) at the time of the injury was seeking full-time employment; and (c) had been predominantly a full-time worker during the 18 months preceding the injury- shall be deemed to be the average weekly earnings of the worker while employed in full-time employment during the 18 months preceding the injury. (6) For the purposes of subsection (1)- (a) if an ordinary time rate of pay is fixed for the worker's work under the terms of the worker's employment and in addition a piece rate is payable, the ordinary time rate of pay shall be deemed to be the sum of the ordinary time rate of pay and the average weekly piece rate payment received by the worker during the relevant period under subsection (1); and (b) if an ordinary time rate of pay is not fixed for the worker's work under the terms of the worker's employment, the ordinary time rate of pay shall be deemed to be the average weekly rate earned by the worker during the relevant period under subsection (1); and (c) if the normal number of work hours per week is fixed in any industrial award applicable to a worker, the worker's normal number of hours per week in that work shall be deemed to be the number so fixed; and (d) if a normal number of work hours per week is not fixed for the worker's work under the terms of the worker's employment, the normal weekly number of hours shall be deemed to be the average weekly number of hours worked by the worker during the relevant period under subsection (1); and (e) if the worker is employed by more than one employer at the time of the injury, the worker's average weekly earnings shall be calculated- (i) if the worker works for one employer for at least the normal number of hours per week fixed in any industrial award applicable to the worker, with reference to that work; or (ii) if there is no applicable industrial award but the worker works for one employer for at least the prescribed number of hours per week, with reference to that work; or (iii) if the worker works for more than one employer for at least the normal number of hours per week fixed in any industrial award applicable to the worker, with reference to the work which yields the higher ordinary time rate of pay; or (iv) if the worker works for one employer for at least the normal number of hours per week fixed in any industrial award applicable to the worker and for another employer for at least the prescribed number of hours per week with reference to the work which yields the higher ordinary time rate of pay; or (v) if there is no applicable industrial award but the worker works for more than one employer for at least the prescribed number of hours per week, with reference to the work which yields the higher ordinary time rate of pay; or (vi) in any other case, by obtaining the worker's average ordinary time rate of pay for all work carried out by the worker for all the employers and applying that rate to the prescribed number of hours per week or to the total of the worker's normal number of hours per week whichever is the lesser; and (f) if the worker is a person who- (i) under section 6, 7 or 8 is deemed to be working under a contract of service; or (ii) under section 9 is deemed to be a worker- the worker's pre-injury average weekly earnings shall be calculated with reference to amounts payable to the worker and deemed to be remuneration under those sections less any part of those amounts attributable to the supply of capital or materials or to any employer superannuation contribution. (7) Despite Division 2 of Part IV, for the purposes of subsections (1) and (6), if, at the time of the injury, the worker was- (a) under the age of 21 years; or (b) an apprentice; or (c) employed under a contract of service under which he or she is expressly required to undergo any training, instructions or examination for the purpose of becoming qualified for the occupation to which the contract of service relates- and, in terms of his or her employment, the worker would have been entitled at subsequent stages to increments in earnings, the worker's pre-injury average weekly earnings shall be calculated- (d) until the worker attains the age or stage or would, but for the injury, have attained the stage at which the highest rate is payable-as if, at the time of the injury, the worker were being paid at the rate applicable to the age or stage of the worker for the time being; and (e) on and after the worker attains the age or stage or would, but for the injury, have attained the stage, at which the highest rate is payable-as if, at the time of the injury, the worker were being paid at the rate applicable to that age or stage. (8) Despite Division 2 of Part IV, where in a case to which subsection (7) applies there is not a rate applicable to a worker of or over the age of 21, the amount of each weekly payment for a worker of or over the age of 21 who is entitled to compensation under that Division shall be calculated as if the worker's pre-injury average weekly earnings were $1130. (9) Where a worker at the time of the injury was a full-time student, the worker's pre-injury average weekly earnings under Division 2 of Part IV- (a) until the time that the worker would have completed the course of studies in which the worker was a full-time student, shall be calculated in accordance with subsection (1); and (b) as from the time that the worker would have completed the course of studies in which the worker was a full-time student shall be calculated as if the worker's pre-injury average weekly earnings were $1130. (10) For the purposes of subsection (9), full-time student means a person who- (a) is undertaking a course of studies in respect of which a participant can qualify for Austudy; and (b) is a full-time student within the meaning of the Commonwealth Student and Youth Assistance Act 1973. (11) Where a worker at the time of the injury was a full-time student at a primary or secondary school, the worker's pre-injury average weekly earnings under Division 2 of Part IV- (a) until the time that the worker would have completed secondary school shall be calculated in accordance with subsection (1); and (b) as from the time that the worker would have completed secondary school shall be calculated as if the worker's pre-injury average weekly earnings were $903. (12) For the purposes of subsection (1), if at the time of the relevant injury the worker is a person within the meaning of section 16(1) engaged by an employer to participate as a contestant in a sporting or athletic activity and the relevant injury is not received while the person is- (a) participating as a contestant in a sporting or athletic activity; or (b) engaged in training or preparation with a view to so participating; or (c) travelling between a place of residence and the place at which the person is so participating or so engaged- any remuneration paid or payable for those activities is to be disregarded in calculating the worker's average weekly earnings. Accident Compensation Act 1985 - SECT 5B Current weekly earnings 5B. Current weekly earnings (1) In this Act, current weekly earnings, in relation to a worker, means the worker's earnings during the week in respect of which a weekly payment is made calculated at the worker's ordinary time rate of pay for the worker's normal number of hours per week or, if there is no such ordinary time rate, the worker's actual earnings during the week. (2) For the purposes of subsection (1), the worker's ordinary time rate of pay for the worker's normal number of hours per week shall be determined in accordance with section 5A(6)(a), (b) and (d) with such modifications as are necessary. (3) For the purposes of subsection (1) current weekly earnings includes the monetary value calculated on a weekly basis of any non-pecuniary benefit or advantage received by the worker in the course of his or her employment (including work as a self-employed person). Accident Compensation Act 1985 - SECT 5C Taxable value of fringe benefits 5C. Taxable value of fringe benefits For the purposes of this Act, the value of remuneration, comprising a fringe benefit, is the value that would be the taxable value of the benefit as a fringe benefit for the purposes of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth. * * * * * Accident Compensation Act 1985 - SECT 6 Timber contractors 6. Timber contractors (1) Notwithstanding anything in this Act or any other law, where- (a) any person (in this section referred to as the principal) in the course of or for the purposes of a trade or business carried on by the person enters into a contract with any natural person or natural persons (in this section referred to as the contractor) under which the contractor agrees- (i) to fell trees or cut firewood and deliver the timber or firewood obtained from them to the principal; (ii) to fell trees or cut scrub on land in the occupation of the principal; or (iii) to clear such land of stumps or logs; and (b) the contractor does not either sublet the contract or employ workers or although employing workers actually performs any part of the work personally- the contractor shall for the purposes of this Act be deemed to be working under a contract of service with an employer and the principal shall for those purposes be deemed to be the employer in relation to the contractor within the meaning of this Act and the amount payable by the principal to the contractor in respect of the performance of work under the contract shall be deemed to be remuneration and shall be deemed to include any payment that would be a superannuation benefit if made in relation to a person in the capacity of an employee. (2) If an amount referred to in subsection (1) is included in a larger amount paid or payable by a principal under a contract referred to in subsection (1) that part of the larger amount which is not attributable to the performance of work relating to the contract by a contractor under the contract may be prescribed. (3) If the contractor is a partnership, the contractor is deemed for the purposes of subsection (1)(b) to have performed a part of the work personally if one or more members of the partnership actually performs any part of the work personally. (4) This section applies to contracts entered into whether before or after the appointed day. Accident Compensation Act 1985 - SECT 7 Passenger vehicles 7. Passenger vehicles Notwithstanding anything in this Act or any other law, where a person engaged in driving a vehicle used for carrying passengers for reward has the use of that vehicle pursuant to a contract of bailment (not being a bona fide contract for the purchase of the vehicle whether by hire purchase or otherwise) under which the person is required to pay any sum or sums (whether of fixed amount or proportionate to mileage or receipts or otherwise) for the use of the vehicle, then for the purposes of this Act- (a) the person shall be deemed to be working under a contract of service with an employer; (b) the person from whom the use of the vehicle is obtained under the contract of bailment shall be deemed to be that employer; and (c) the amount received by the person for carrying passengers, less the amount paid or payable for the use of the vehicle shall be deemed to be remuneration. Accident Compensation Act 1985 - SECT 8 Contractors 8. Contractors (1) Notwithstanding anything in this Act or any other law, where any person (in this section referred to as the principal) in the course of and for the purposes of a trade or business carried on by the person enters into a contract with any natural person or natural persons (in this section referred to as the contractor)3- (a) under or by which the contractor agrees to perform any work not being work incidental to a trade or business regularly carried on by the contractor in the name of the contractor or under a firm or business name; and (b) in the performance of which the contractor does not either sublet the contract or employ workers or although employing workers actually performs some part of the work personally- then for the purposes of this Act the contractor shall be deemed to be working under a contract of service with an employer and the principal shall be deemed to be that employer and the amount payable by the principal to the contractor in respect of the performance of work under the first-mentioned contract shall be deemed to be remuneration and shall be deemed to include any payment that would be a superannuation benefit if made in relation to a person in the capacity of an employee. (2) If an amount referred to in subsection (1) is included in a larger amount paid or payable by a principal under a contract referred to in subsection (1) that part of the larger amount which is not attributable to the performance of work relating to the contract by a contractor under the contract may be prescribed. (3) If the contractor is a partnership, the contractor is deemed for the purposes of subsection (1)(b) to have performed a part of the work personally if one or more members of the partnership actually performs any part of the work personally. (4) This section applies to contracts entered into whether before or after the appointed day. Accident Compensation Act 1985 - SECT 9 Independent contractors 9. Independent contractors (1) For the purposes of this section, a reference to a relevant contract in relation to a financial year is a reference to a contract under which a person during that financial year, in the course of a business carried on by that person- (a) supplies to another person services for or in relation to the performance of work; (b) has supplied to that person the services of persons for or in relation to the performance of work; or (c) gives out goods to natural persons for work to be performed by those persons in respect of those goods and for re-supply of the goods to the first-mentioned person or, where that person is a member of a group within the meaning of section 66 of the Accident Compensation (WorkCover Insurance) Act 1993, to another member of that group- but does not include a reference to a contract of service or a contract under which a person during a financial year- (d) has supplied to that person services for or in relation to the performance of work that are ancillary to the supply of goods under the contract by the person by whom the services are supplied or to the use of goods which are the property of that second-mentioned person; (e) has supplied to that person services for or in relation to the performance of work where- (i) those services are of a kind not ordinarily required by that person and are rendered by a person who ordinarily renders services of that kind to the public generally; (ii) those services are of a kind ordinarily required by that person for less than 180 days in a financial year; (iii) those services are provided for a period that does not exceed 90 days or for periods that, in the aggregate, do not exceed 90 days in that financial year and are not services- (A) provided by a person by whom similar services are provided to the first-mentioned person; or (B) for or in relation to the performance of work where any of the persons who perform the work also perform similar work for the first-mentioned person- for periods that, in the aggregate, exceed 90 days in that financial year; * * * * * (v) those services are supplied under a contract to which subparagraphs (i) to (iv) do not apply and the Authority is satisfied that those services are rendered by a person who ordinarily renders services of that kind to the public generally in that financial year; or (f) has supplied to that person by a person (in this paragraph called the contractor) services for or in relation to the performance of work under a contract to which paragraphs (d) and (e) do not apply where the work to which the services related is performed- (i) by two or more persons employed by, or who provide services for, the contractor in the course of a business carried on by the contractor; (ii) where the contractor is a partnership of two or more natural persons, by one or more of the members of the partnership and one or more persons employed by, or who provide services for, the contractor in the course of a business carried on by the contractor; or (iii) where the contractor is a natural person, by the contractor and one or more persons employed by, or who provide services for, the contractor in the course of a business carried on by the contractor- unless the Authority determines that the contract or arrangement under which the services are so supplied was entered into with an intention either directly or indirectly of avoiding or evading the payment of a premium by any person; or (g) has supplied to that person services for or in relation to the door to door sale of goods or of services ancillary to the sale of those goods on behalf of that person unless the Authority determines that the contract or arrangement under which the services are so supplied was entered into with an intention, either directly or indirectly, of avoiding or evading the payment of a premium by any person. (2) For the purposes of this Act- (a) a person- (i) who during a financial year under a relevant contract supplies services to another person; (ii) to whom during a financial year, under a relevant contract, the services of persons are supplied for or in relation to the performance of work; or (iii) who, during a financial year, under a relevant contract, gives out goods to other persons- shall be deemed to be an employer in respect of that financial year; (b) a person who during a financial year- (i) performs work for or in relation to which services are supplied to another person under a relevant contract; or (ii) being a natural person, under a relevant contract, re-supplies goods to an employer- shall be deemed to be a worker in respect of that financial year; (c) amounts paid or payable by an employer during a financial year for or in relation to the performance of work relating to a relevant contract or the re-supply of goods by a worker under a relevant contract shall be deemed to be remuneration paid or payable during that financial year; and (d) where an amount referred to in paragraph (c) is included in a larger amount paid or payable by an employer under a relevant contract during a financial year, that part of the larger amount which is not attributable to the performance of work relating to the relevant contract or the re-supply of goods by a worker under the relevant contract may be prescribed; and (e) an amount paid or payable for or in relation to the performance of work under a relevant contract is deemed to include any payment made by a person who is deemed to be an employer under a relevant contract in relation to a person who is deemed to be a worker under the relevant contract that would be a superannuation benefit if made in relation to a person in the capacity of an employee. (3) Where a contract is a relevant contract pursuant to both subsections (1)(a) and (1)(b)- (a) the person to whom, under the contract, the services of persons are supplied for or in relation to the performance of work shall be deemed to be an employer; and (b) notwithstanding subsection (2)(a)(i) the person who under the contract supplies the services shall not be deemed to be an employer. * * * * * (5) Where, in respect of a payment for or in relation to the performance of work that is deemed to be remuneration under this section, a premium is paid by a person deemed under this section to be an employer- (a) no other person shall be liable to a premium in respect of that payment; and (b) where another person is liable to make a payment for or in relation to that work, that person shall not be liable to a premium in respect of that payment unless it or the payment by the first-mentioned person is made with an intention either directly or indirectly of avoiding or evading the payment of premium whether by the first-mentioned person or another person. (6) In this section- (a) a reference to a contract includes a reference to an agreement, arrangement or undertaking, whether formal or informal and whether express or implied; (b) a reference to supply includes a reference to supply by way of sale, exchange, lease, hire or hire-purchase, and in relation to services includes a reference to the providing, granting or conferring of services; (c) a reference to the re-supply of goods acquired from a person includes a reference to- (i) a supply to the person of goods in an altered form or condition; and (ii) a supply to the person of goods in which the first-mentioned goods have been incorporated; (d) a reference to services includes a reference to results (whether goods or services) of work performed; and (e) a reference to the door to door sale of goods or of services ancillary to the sale of those goods is a reference to the entering into of an agreement or the making of an offer for the sale of those goods or services to the end user, or the taking or soliciting of an order for the purchase of those goods or services by the end user at a place other than a place of business where goods or services of that kind are normally offered or displayed for retail sale. Accident Compensation Act 1985 - SECT 10 Persons deemed to be workers under relevant contracts 10. Persons deemed to be workers under relevant contracts (1) This section applies to a person who would, but for section 9(1)(e)(iii), be a worker in relation to a relevant contract. (2) If a person to whom this section applies is injured, the Authority may, if it is satisfied that the services provided by that person under a contract would have been likely to have been provided for 90 days or more in the financial year, determine that the person is, for the purposes of this Act, to be deemed to be a worker. Accident Compensation Act 1985 - SECT 10A Sub-contracting where sub-contractor not a worker 10A. Sub-contracting where sub-contractor not a worker (1) If a person (in this section referred to as the principal contractor) in the course of or for the purposes of the person's trade or business contracts with any other person who is not, and is not deemed under section 8 or 9 to be, a worker (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal contractor, the principal contractor, if the contractor does not have a WorkCover insurance policy or is not a self-insurer at the time a worker employed in the execution of the work receives an injury, is liable to pay any compensation under this Act in respect of that injury which the principal contractor would have been liable to pay if that worker and all other workers employed by the contractor in the execution of the work had been immediately employed by the principal contractor. (2) If compensation is claimed from or proceedings are taken against the principal contractor in respect of any such injury, then, in the application of this Act, a reference to the principal contractor shall be substituted for a reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom the worker is immediately employed. (3) In the case of sub-contracts- (a) principal contractor includes not only the original principal contractor but also each contractor who constitutes himself, herself or itself as a principal contractor with respect to a sub-contractor by contracting with the sub-contractor for the execution by the sub-contractor of the whole or any part of the work; and (b) contractor includes not only the original contractor but also each sub-contractor- and each principal contractor's right to indemnity shall include a right against each contractor standing between the principal contractor and the contractor by whom the worker was employed at the time when the injury occurred. (4) If the principal contractor is liable to pay compensation under this section, the principal contractor is entitled to be indemnified by any person who would have been liable to pay compensation to the worker independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by a court. (5) Nothing in this section shall be construed as preventing a worker recovering compensation under this Act from the contractor instead of the principal contractor. (6) If- (a) a principal contractor under a contract referred to in subsection (1) is, at the time of an injury to a worker employed in the execution of the work under the contract, insured under a WorkCover insurance policy in respect of workers other than the workers employed in the execution of the work under the contract; (b) compensation payable by the principal contractor under subsection (1) in respect of the injury is paid in accordance with the principal contractor's WorkCover insurance policy; and (c) the principal contractor has not, in respect of the policy, paid a premium in respect of the principal contractor's liability under subsection (1)- the principal contractor is liable to pay the Authority, in addition to the premium payable or paid in respect of the policy, a premium calculated having regard to- (d) the insurance premiums order in force as at the commencement of the policy; and (e) the remuneration paid or payable to the workers employed in the execution of the work under the contract during the relevant policy period. (7) A principal contractor under a contract referred to in subsection (1) is not, under subsection (6), liable to pay in respect of a WorkCover insurance policy more than one additional premium in respect of the workers employed in the execution of the work under the contract. * * * * * Accident Compensation Act 1985 - SECT 11 Share farmers 11. Share farmers (1) Notwithstanding anything in this Act, a share farmer shall be deemed to be a worker for the purposes of this Act, if and only if- (a) the share farmer is employed under a contract with the owner of the land under which the share farmer is entitled to receive as consideration whether in cash or in kind or partly in cash and partly in kind less than one-third of the income derived from the land; or (b) the share farmer is employed under a contract in writing which provides that the owner of the land shall be liable to pay compensation under this Act in respect of any injury arising out of or in the course of any work carried out by the share farmer in the performance of the contract. (2) A share farmer is not a worker for the purposes of this Act unless the share farmer is deemed to be a worker by virtue of subsection (1). (3) If a share farmer is deemed to be a worker under subsection (1), the amounts paid to the share farmer by the owner of the land under the contract shall be deemed to be remuneration and the owner shall be deemed to be the employer of the worker. (4) A member of a share farmer's family who is employed by or assists the share farmer whether for remuneration or otherwise in the performance of the duties of the share farmer whether pursuant to the contract between the share farmer and the owner of the land or otherwise shall be deemed not to be a worker in the employ of the owner of the land by reason of the performance of such duties. (5) In this section- income in relation to land means the gross value of the production derived from the land; owner in relation to land includes any person who is in possession of, or entitled to the receipt of the rents and profits from the land; primary production means agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, cultivation of soils, gathering in of crops or rearing of livestock; share farmer means a person who is under contract to the owner of land to perform any work in relation to land used substantially for primary production and who is to be remunerated in whole or in part by receiving a share of the income whether in cash or in kind, derived from the land. Accident Compensation Act 1985 - SECT 12 Religious bodies and organizations 12. Religious bodies and organizations (1) Where, by Order of the Governor in Council published in the Government Gazette at the request of a religious body or organization specified in the Order as having made the request, the Governor in Council declares that persons (not otherwise workers within the meaning of this Act) within a specified class are workers of that body or organization, a person within that class shall be deemed to be a worker employed by a person specified in the Order as the employer in relation to persons within that class who shall, for the purposes of this Act, be deemed to be an employer. (2) Where an Order is made under subsection (1) at the request of a religious body or organization, such amounts as are determined by agreement between the Authority and the religious body or organization shall be deemed to be remuneration for the purposes of this Act. Accident Compensation Act 1985 - SECT 13 Secretaries of co-operative societies 13. Secretaries of co-operative societies (1) In this section society means- (a) a society within the meaning of section 3(1) of the Co-operative Housing Societies Act 1958; or (b) a co-operative within the meaning of the Co-operatives Act 1996. (2) For the purposes of this Act but subject to subsection (3)- (a) a person who is the secretary of one society only shall be deemed to be a worker and the society shall be deemed to be the employer in relation to the person and the amounts paid by the society to the person shall be deemed to be remuneration; and (b) a person who is the secretary of more than one society shall be deemed to be a worker and those societies shall be deemed to be the employers in relation to that person and the amounts paid by those societies to that person shall be deemed to be remuneration. (3) Subsection (2) does not operate to deem a person who is the secretary of a society to be a worker nor the society to be an employer if that person is entitled to receive as secretary of the society- (a) payment of expenses only; or (b) payment of expenses and a sum not exceeding $200 per annum- or if the person is not entitled to receive any payment as secretary of the society. Accident Compensation Act 1985 - SECT 14 Persons employed by Crown or administrative units 14. Persons employed by Crown or administrative units (1) This Act applies to persons employed by or under the Crown or any department in all cases where this Act would apply if the employer were a private person. (2) For the purposes of this Act- (a) a responsible Minister of the Crown; and (b) a member of the Legislative Council or the Legislative Assembly; and (c) a person holding any judicial or other office to which the person is appointed by the Governor in Council; and (d) a bail justice- shall be deemed to be a worker employed by or under the Crown. (3) For the purposes of this Act any person being the holder of any office as member of any public corporation, institution or body (other than a municipal council) or of the governing body thereof shall be deemed to be a worker employed thereby or thereunder. (4) For the purposes of this Act every member of the police force or member of the Retired Police Reserve of Victoria shall be deemed to be employed by the Crown under a contract of service, and notwithstanding any rule of law to the contrary, that contract of service and the relationship of master and servant shall be deemed to exist between the Crown and each member of the police force or member of the Retired Police Reserve of Victoria in respect of the exercise and performance of all the powers and duties as such a member, whether arising at common law or under any statute or by the instructions of superiors or otherwise. Accident Compensation Act 1985 - SECT 14A Act binds the Crown 14A. Act binds the Crown (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. (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations. Accident Compensation Act 1985 - SECT 15 Places of pick-up 15. Places of pick-up Notwithstanding anything in this Act or any other law, where a person is ordinarily engaged in any employment in connexion with which persons customarily attend certain pre-arranged places (in this Act called places of pick-up) at which employers select and engage persons for employment, any such person shall be deemed, while in attendance at any such place of pick-up for the purpose of being so selected, to be working under a contract of service with an employer, and the employer who last employed that person in customary employment shall be deemed to be that employer. Accident Compensation Act 1985 - SECT 16 Sporting contestants 16. Sporting contestants (1) Except as provided in subsection (4), where a person is engaged by an employer to participate as a contestant in a sporting or athletic activity, neither the employer or self-insurer nor the Authority or authorised insurer is liable to pay compensation for an injury received by the person if- (a) the injury is received while the person is- (i) participating as a contestant in a sporting or athletic activity; (ii) engaged in training or preparation with a view to so participating; or (iii) travelling between a place of residence and the place at which the person is so participating or so engaged. * * * * * * * * * * (3) For the purposes of subsection (1) person does not include a person- (a) who holds a licence, permit or approval to ride granted in accordance with the Rules of Racing of Racing Victoria; or (b) engaged to participate as a rider, not being a person referred to in paragraph (a), or a driver in a horse, pony or harness race at a race meeting within the meaning of the Racing Act 1958 on a racecourse licensed under that Act or on lands otherwise authorized for the holding of race meetings under Part I of that Act. (4) A person- (a) engaged to participate as a rider in a horse race at a race meeting held under the Rules of Racing of Racing Victoria; or (b) who, not being an apprentice or the owner or trainer of the horse to be ridden, holds a licence, permit or approval to ride granted in accordance with the Rules of Racing of Racing Victoria and who agrees to do ride work on a horse at any racecourse or training track or in the environs of a racecourse or training track- shall be deemed for the purposes only of this Act while participating as such a rider or doing such riding work to be a worker solely employed by Racing Victoria and the amounts paid to the person in respect of so participating or doing shall be deemed to be remuneration. (5) On and from the relevant day for the purposes only of this Act- (a) the liability of The Victoria Racing Club to pay compensation under this Act in respect of a relevant injury is transferred to Racing Victoria; (b) the liability of The Victoria Racing Club at common law or otherwise in respect of a relevant injury is transferred to Racing Victoria; (c) for the purposes of Parts III, IV and VI and section 242, Racing Victoria is deemed to be the employer in respect of each person who has suffered a relevant injury; (d) a WorkCover insurance policy obtained and kept in force by Racing Victoria is deemed to indemnify Racing Victoria in respect of all liabilities transferred to Racing Victoria under this subsection and the premium payable for such a policy may be calculated in accordance with the premiums order as if- (i) claims in respect of relevant injuries had been made against Racing Victoria; and (ii) remuneration under subsection (4) has been paid or was payable by Racing Victoria; (e) in- (i) any claim or application made under this Act by or against The Victoria Racing Club; and (ii) any proceeding brought by or against The Victoria Racing Club- in relation to a relevant injury suffered by a person, that has not been finalised, settled or determined, Racing Victoria is deemed to be substituted for The Victoria Racing Club as a party to the claim, application or proceeding. (6) In subsection (5)- relevant day means the day on which section 8 of the Racing (Racing Victoria Ltd) Act 2001 comes into operation; relevant injury means- (a) an injury to a person who, at the time of the injury, was, under subsection (4), deemed to be a worker employed by The Victoria Racing Club, being an injury- (i) that occurred before the relevant day; and (ii) that arose out of, or in the course of or was due to the nature of the deemed employment under subsection (4); and (b) the death of a person who suffered an injury to which paragraph (a) applies, if the death resulted from or was materially contributed to by the injury. (7) For the purposes of giving effect to subsection (5), The Victoria Racing Club must transfer to Racing Victoria all relevant documents and reports that are in the possession, or under the control, of The Victoria Racing Club. (8) In this section, Racing Victoria has the same meaning as in the Racing Act 1958. (9) This section is deemed to have been enacted as amended by section 8(1) of the Accident Compensation (Miscellaneous Amendment) Act 1997. Note The effect of this provision is that the amendments made by section 8(1) of the Accident Compensation (Miscellaneous Amendment) Act 1997 have effect as from 30 July 1985. * * * * * _______________ Accident Compensation Act 1985 - PART II PART II THE VICTORIAN WORKCOVER AUTHORITY4 Division 1-Establishment Accident Compensation Act 1985 - SECT 18 Establishment of Authority 18. Establishment of Authority (1) There is established by this Act an Authority by the name of the Victorian WorkCover Authority. (2) The Authority- (a) is a body corporate with perpetual succession; * * * * * (c) may sue and be sued in its corporate name; (d) shall, subject to this Act, be capable of taking, purchasing, leasing, holding, selling and disposing of real and personal property for the purpose of performing its functions and exercising its powers under this Act or any other Act; (e) shall be capable of doing and suffering all such acts and things as bodies corporate may by law do and suffer and which are necessary or expedient for the purpose of performing its functions and exercising its powers under this Act or any other Act. (3) A document is executed by the Authority if the document is signed by- (a) 2 Directors of the Board; or (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 document appears to have been signed in accordance with subsection (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 subsection (3). Accident Compensation Act 1985 - SECT 19 Objectives of the Authority 19. Objectives of the Authority The objectives of the Authority are to- (a) manage the accident compensation scheme as effectively and efficiently and economically as is possible; (b) administer this Act, the Accident Compensation (WorkCover Insurance) Act 1993, the Workers Compensation Act 1958, the Occupational Health and Safety Act 2004, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985 and any other relevant Act; (c) assist employers and workers in achieving healthy and safe working environments; (d) promote the effective occupational rehabilitation of injured workers and their early return to work; (e) encourage the provision of suitable employment opportunities to workers who have been injured; (f) ensure that appropriate compensation is paid to injured workers in the most socially and economically appropriate manner and as expeditiously as possible; (g) develop such internal management structures and procedures as will enable the Authority to perform its functions and exercise its powers effectively, efficiently and economically. Accident Compensation Act 1985 - SECT 20 Functions of the Authority 20. Functions of the Authority (1) The functions of the Authority are to- (a) administer the WorkCover Authority Fund; (aa) receive and assess and accept or reject claims for compensation; (b) pay compensation to persons entitled to compensation under this Act; (ba) administer the Uninsured Employers and Indemnity Scheme under the Accident Compensation (WorkCover Insurance) Act 1993; (c) regulate and make recommendations to the Minister in relation to self-insurers; (d) ensure that the scheme of accident compensation is competitive and fully-funded; (da) establish and fund a WorkCover Advisory Service; (e) conduct or defend proceedings before a court or tribunal; (f) provide insurance for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993; (g) defend actions against employers under this Act and at common law; (ga) determine, collect and recover premiums payable for WorkCover insurance policies issued in accordance with the Accident Compensation (WorkCover Insurance) Act 1993; * * * * * (k) undertake and provide funds for the undertaking of research and educational programs for the purpose of assisting the Authority in achieving its objectives or performing its functions; (l) initiate and encourage research to identify efficient and effective strategies for the prevention of occupational injury and disease and for the rehabilitation of persons who suffer any such injury or disease; (m) ensure the availability of high quality education and training in such prevention and rehabilitation; (n) develop equitable and effective programs to identify areas of unnecessarily high cost to the workers compensation system and, as far as practicable, to reduce those costs; (o) foster a co-operative consultative relationship between management and labour in relation to the health, safety and welfare of persons at work; (p) encourage liaison between employers, accredited occupational rehabilitation service providers, medical practitioners and other health professionals in the interests of early and effective rehabilitation of injured workers; (q) identify (and as far as practicable minimise or remove) disincentives for injured workers to return to work or for employers to employ injured workers; (r) implement measures to deter and detect fraudulent workers compensation claims; (s) develop programs to meet the special needs of target groups, including workers who suffer severe injuries, and injured workers who are unable to return to their pre-injury occupation; (t) provide assistance in relation to the establishment and operation of occupational rehabilitation programs of employers; (ta) develop and implement programs to provide incentives for employers- (i) to implement measures designed to prevent injuries and diseases at workplaces; and (ii) to improve occupational health and safety and return to work results; (u) facilitate the development of rehabilitation plans and facilities to assist injured workers; (v) monitor the operation of occupational health and safety, rehabilitation and workers compensation arrangements; (w) collect and publish statistics; (x) conduct statistical analysis of occupational injuries and diseases; (y) provide information services to workers, employers, and the general community; (z) arrange, or facilitate the provision of, interpreter services to assist injured workers; (za) carry out such other functions as are specified under this Act or any other Act. (2) In performing its functions, the Authority must- (a) promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces; (b) ensure the efficient, effective and equitable occupational rehabilitation and compensation of persons injured at work; (c) ensure the financial viability and efficient operation of the workers compensation arrangements; (d) provide advice to the Minister in relation to matters specifically referred to the Authority by the Minister and generally in relation to the administration of this Act or of the Accident Compensation (WorkCover Insurance) Act 1993 and the Workers Compensation Act 1958 and the accident compensation scheme established by or under this Act. Accident Compensation Act 1985 - SECT 20A Powers of the Authority 20A. Powers of the Authority (1) Subject to this Act, the Authority has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions and to enable it to achieve its objectives. (2) Without limiting or derogating from the generality of subsection (1) the Authority may undertake and carry on in Victoria or elsewhere the business of insurance for the purpose of providing accident insurance. (3) For the purposes of subsection (2), accident insurance means insurance under and for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993 and is not limited by reference to the practices, usages, form and procedure for the time being followed by other persons engaged in the general business of insurance. Accident Compensation Act 1985 - SECT 20B Additional powers of the Authority 20B. Additional powers of the Authority (1) Without limiting or derogating from the generality of the powers of the Authority under this Act, the powers of the Authority include- (a) the power to do all things necessary or convenient to be done for or in connection with the performance of its functions under Division 6, 6A or 6B of Part IV; and (b) the power to enter into agreements or arrangements and to settle or compromise any differences or disputes with other persons in relation to any matter arising under or in relation to Division 6, 6A or 6B of Part IV; and (c) the power to enter into agreements or arrangements with employers liable to pay compensation under the Workers Compensation Act 1958, employers liable to pay damages in respect of injury or disease before, on or after the appointed day and insurers liable to indemnify employers in whole or in part in respect of any such liability upon such terms as the Authority deems appropriate and in particular, and without limiting or derogating from the generality of the foregoing, agreements or arrangements pursuant to which the Authority undertakes to assume or discharge that liability or any part of that liability; and (d) the power to enter into agreements or contracts with a corresponding Authority for or with respect to- (i) the Authority performing the functions or exercising the powers of the corresponding Authority as its agent; (ii) the Authority performing any works or providing services for the corresponding Authority; (iii) the Authority providing the corresponding Authority with the use of its facilities or the services of its staff; (iv) the corresponding Authority performing the functions or exercising the powers of the Authority as its agent; (v) the corresponding Authority performing any works or providing services for the Authority; (vi) the corresponding Authority providing the Authority with the use of its facilities or the services of its staff; (e) in addition to, and not limited by, any other power under this section, the power to provide related and ancillary services. (2) For the purposes of subsection (1)(d), corresponding Authority means a Government department or a statutory authority of the Commonwealth Government or of the Government of another State or of a Territory which is responsible for administering a law corresponding to the Acts specified in section 19(b). (3) An agreement or contract entered into or a service provided before the commencement of section 10 of the Accident Compensation (Miscellaneous Amendment) Act 1997 is to be deemed to be as validly entered into or provided as it would have been if this Act as amended by that section had been in force at the time the agreement or contract was entered into or the service was provided. Accident Compensation Act 1985 - SECT 20C Accountability of the Authority 20C. Accountability of the Authority (1) The Authority shall exercise its powers and perform its functions under this Act, the Accident Compensation (WorkCover Insurance) Act 1993, the Occupational Health and Safety Act 2004, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985 and the Mines Act 1958 subject to- (a) the general direction and control of the Minister; and (b) any specific written directions given by the Minister in relation to a matter or class of matter specified in the directions. (2) Where the Authority has been given a written direction under subsection (1)(b), the Authority- (a) may cause that direction to be published in the Government Gazette; and (b) shall publish that direction in its next annual report. (3) A direction under subsection (1)(b) must not relate to a specific person. Accident Compensation Act 1985 - SECT 20D Advisory practice notes 20D. Advisory practice notes The Authority may issue advisory practice notes for the purposes of improving the management of claims and assisting in the prevention of injuries and the return to work of injured workers within the WorkCover system generally. Accident Compensation Act 1985 - SECT 21 Delegation 21. Delegation (1) The Authority may, by instrument, delegate to any person any function or power of the Authority under this Act or any other Act including, subject to subsection (3), this power of delegation. * * * * * (3) A person to whom a function or power has been delegated under subsection (1) may, subject to and in accordance with the approval of the Authority given generally or in a particular case, by instrument in writing, or in the case of a body corporate that has a common seal, under its common seal, authorise another person to perform the function or exercise the power so delegated. (4) An authority given by a delegate of the Authority under subsection (3) may be revoked at any time by the delegate by instrument in writing and, where a delegation under which the authority was given is revoked, the authority is revoked. (5) Any act or thing done in the performance of a function or the exercise of a power by a person to whom that function or power is delegated by the Authority under subsection (1) or by a person authorised by a delegate of the Authority under subsection (3) to perform that function or exercise that power has the same force or effect as if it had been done by the Authority. (6) Where the performance of a function or the exercise of a power by the Authority is dependent on the opinion, belief or state of mind of the Authority in relation to a matter and that function or power has been delegated under subsection (1), that function or power may be performed or exercised by the delegate or by a person authorised by the delegate under subsection (3) upon the opinion, belief or state of mind of the delegate or of the authorised person, as the case may be, in relation to that matter. (7) The giving of an authority under subsection (3) does not prevent a performance of the function or the exercise of the power by the person by whom the authority was given. (8) Where a person purports to perform a function or exercise a power under this Act, it shall be presumed, unless the contrary is established, that the person is duly authorised by a delegation under subsection (1) or by an authority under subsection (3) given pursuant to such a delegation to perform the function or exercise the power. (9) A delegation under subsection (1) or the giving of an authority under subsection (3) may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers to which it relates or as to time or circumstance as is specified in the instrument of delegation or in the authority. (10) A delegation must not be made under this section to any person, other than a Director of the Board appointed under section 25 or 26 or an officer or employee of the Authority, in respect of any power, function, authority or discretion to which section 10B of the Dangerous Goods Act 1985 applies. Accident Compensation Act 1985 - SECT 21A Investigation of certain delegates by Ombudsman 21A. Investigation of certain delegates by Ombudsman (1) The Ombudsman may enquire into or investigate- (a) any administrative action of a person as a delegate of the Authority in administering claims under the Workers Compensation Act 1958; and (b) any matter relating to such an administrative action. Note Under the Ombudsman Act 1973, an administrative action is defined as including, among other things, a refusal or failure to take a decision, or to perform an act. As a result of subsection (2), this definition applies to references to administrative actions in this subsection. (2) For the purposes of subsection (1), the Ombudsman Act 1973 applies as if- (a) the delegate was a public statutory body within the meaning of that Act; and (b) the delegate, or if the delegate is a body corporate, the senior executive officer of the delegate (by whatever title he or she is known), was the principal officer of that public statutory body; and (c) a reference to the responsible Minister in sections 17 and 23(3) of that Act was a reference to the Minister responsible for administering this section. Accident Compensation Act 1985 - SECT 22 Chief executive of the Authority and officers and employees5 22. Chief executive of the Authority and officers and employees5 (1) The Authority shall appoint such officers and employees as are necessary to enable the Authority to perform its functions, exercise its powers and achieve its objectives. (2) The Authority may employ any persons necessary to enable the Authority to perform its objectives and functions and exercise its powers. (3) If any person at the date of appointment as the chief executive of the Authority or as an officer or employee of the Authority is an officer within the meaning of the State Superannuation Act 1988 that person shall notwithstanding that appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act. (4) If a person- (a) was an employee in the public service immediately before appointment as chief executive of the Authority or as an officer or employee of the Authority; or (b) became an officer or employee of the Authority by reason of subsection (6) and was an employee in the public service, immediately before becoming an officer or employee of the Accident Compensation Commission or of the Victorian Accident Rehabilitation Council or the Registrar or an officer or employee of the WorkCare Appeals Board or an officer or employee assisting the Complaints Investigator- the person shall upon ceasing to be chief executive or an officer or employee of the Authority be eligible to be employed in the public service with a classification and emolument corresponding with or higher than that which the person last held in the public service as if the period of service as chief executive or an officer or employee of the Authority, officer or employee of the Accident Compensation Commission or the Victorian Accident Rehabilitation Council or Registrar or an officer or employee of the WorkCare Appeals Board or an officer or employee assisting the Complaints Investigator had been service in the public service. (5) An employee of the Authority (including a person appointed as casual staff or a consultant) is not subject to any action, liability, claim or demand for any matter or thing done or omitted to be done or contract entered into by the Authority if the matter or thing is done or omitted to be done or the contract is entered into in good faith for the purposes of performing a duty or carrying out a power or function of the Authority under this or any other Act. * * * * * Accident Compensation Act 1985 - SECT 23 Authorised agents 23. Authorised agents (1) The Authority may for the purposes of this Act or the Accident Compensation (WorkCover Insurance) Act 1993- (a) appoint by an instrument any person to be an authorised agent of the Authority; and (b) terminate any such appointment by an instrument. (2) An authorised agent must act as an agent subject to- (a) such terms and conditions as are specified in the instrument of appointment; and (b) such directions as are given in writing to the authorised agent by the Authority. (3) An authorised agent is entitled to receive from the Authority such remuneration as is agreed between the Authority and the authorised agent for acting as an agent. (4) An authorised agent must not contravene or fail to comply with- (a) the terms and conditions specified in the instrument of appointment; or (b) any directions given to the authorised agent under subsection (2)(b). Penalty: 50 penalty units for a first offence; 100 penalty units for a second or subsequent offence. (5) Subsection (4) is in addition to the power of the Authority to- (a) terminate the appointment of an authorised agent; or (b) take any other appropriate proceedings against any person who is or has been an authorised agent. (6) An authorised agent must keep accounting records relating to transactions and affairs of the authorised agent under this section in the manner and form specified by the Authority and must retain those records for the period specified by the Authority. (7) For the purposes of this section the Authority- (a) may at any time, by notice in writing give a direction to an authorised agent or a person who has been an authorised agent, requiring the production, at such time and place as are specified in the direction, of such accounting records relating to the transactions and affairs of the authorised agent or of the person while an authorised agent, as are so specified and in such form as is so specified; and (b) may audit and inspect the accounting records and require the giving of information by authorised agents to the Authority or any person authorised by the Authority. (8) The requirement under subsections (6) and (7) to retain accounting records applies for 7 years. Accident Compensation Act 1985 - SECT 23AA Investigation of authorised agent by Ombudsman 23AA. Investigation of authorised agent by Ombudsman (1) The Ombudsman may enquire into or investigate- (a) any administrative action of an authorised agent in its capacity as an authorised agent under this Act; and (b) any matter relating to such an administrative action. Note Under the Ombudsman Act 1973, an administrative action is defined as including, among other things, a refusal or failure to take a decision, or to perform an act. As a result of subsection (2), this definition applies to references to administrative actions in this subsection. (2) For the purposes of subsection (1), the Ombudsman Act 1973 applies as if- (a) the authorised agent was a public statutory body within the meaning of that Act; and (b) the senior executive officer of the authorised agent (by whatever title he or she is known) was the principal officer of that public statutory body; and (c) a reference to the responsible Minister in sections 17 and 23(3) of that Act was a reference to the Minister responsible for administering this section. Accident Compensation Act 1985 - SECT 23A Existing authorised insurers 23A. Existing authorised insurers (1) The Authority must before the commencement of section 12 of the Accident Compensation (Amendment) Act 1998 offer to each corporation who is the holder of a licence to be an authorised insurer under the Accident Compensation (WorkCover Insurance) Act 1993 immediately before the commencement of section 20(5) of the Accident Compensation (Amendment) Act 1998 an appointment as an authorised agent under section 23 in accordance with this section. (2) The instrument of appointment must- (a) provide that the corporation is authorised to act on behalf of the Authority in the issuing of WorkCover insurance policies, the collection of premiums and the administration of claims, subject to such terms, conditions and limitations as are specified; (b) subject to any termination provisions, be for a minimum period equal to the unexpired term of the licence held by the corporation as at the commencement of section 12 of the Accident Compensation (Amendment) Act 1998; (c) contain terms and conditions as to remuneration which are certified by the Minister as being no less favourable than the terms and conditions as to remuneration which apply in relation to the licence to be an authorised insurer; (d) include any other terms and conditions required for the purposes of section 23. Division 2-Board of Management Accident Compensation Act 1985 - SECT 24 Establishment of Board 24. Establishment of Board (1) There is to be a Board of Management of the Authority which- (a) may exercise all the powers of the Authority; (b) must give general directions as to the carrying out of the objectives and functions of the Authority; (c) must ensure that the Authority is managed and operated in an efficient and economic manner. (2) The Board is to consist of- (a) one full-time Director, who is to be the Chief Executive of the Authority; and (b) not more than 7 part-time Directors- being natural persons appointed by the Governor in Council. Accident Compensation Act 1985 - SECT 25 Full-time Director and Chief Executive 25. Full-time Director and Chief Executive (1) The Governor in Council must appoint a full-time Director of the Board, who is to act as Chief Executive of the Authority. (2) The affairs of the Authority are to be managed and controlled by the Chief Executive in accordance with the policies of the Board. (3) Any act, matter or thing done in the name of, or on behalf of, the Authority, by the Chief Executive is to be taken to have been done by the Authority. (4) The Chief Executive is entitled to be paid- (a) such remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Governor in Council; and (b) such travelling and other allowances and expenses as may be fixed from time to time by the Governor in Council. (5) The terms and conditions of the appointment of the Chief Executive include those contained in any instrument of appointment. Accident Compensation Act 1985 - SECT 26 Part-time Directors 26. Part-time Directors (1) The Governor in Council may on the recommendation of the Minister appoint part-time Directors of the Board from time to time, being persons who have such managerial, commercial or other qualifications or experience as the Minister considers necessary to enable the Authority to perform its functions and exercise its powers. (2) Subject to this section, a part-time Director holds office for a term not exceeding 5 years as is specified in the instrument of appointment of that Director and is eligible for re-appointment. (3) A part-time Director other than a Director who is an officer or employee who holds a full-time statutory office within the meaning of the Public Administration Act 2004 or a full-time office with a statutory corporation is entitled to be paid- (a) such remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Governor in Council; and (b) such travelling and other allowances and expenses as may be fixed from time to time by the Governor in Council. (4) The terms and conditions of the appointment of any part-time Director include those contained in any instrument of appointment. Accident Compensation Act 1985 - SECT 27 Chairperson 27. Chairperson (1) The Governor in Council may appoint one of the Directors to be Chairperson. (2) Where the Chairperson is unable whether by reason of illness or otherwise to perform the duties of the office or the office of Chairperson is vacant, the Governor in Council may appoint any other Director to act in the place of the Chairperson. (3) A person appointed under this section while acting in the place of the Chairperson- (a) has all the powers and may perform all the duties of and has the same privileges as the Chairperson; and (b) is if that person is not an officer or employee who holds a full-time statutory office within the meaning of the Public Administration Act 2004 or a full-time office with a statutory corporation entitled to be paid- (i) such remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Governor in Council; and (ii) such travelling and other allowances as may be fixed from time to time by the Governor in Council. (4) The Governor in Council may at any time terminate an appointment under subsection (1), with effect to such person's appointment as a part-time Director. (5) If a person has been appointed under subsection (2) to act in the place of the Chairperson during a period of inability of the Chairperson and the Chairperson ceases to hold office without having resumed the performance of the duties of the office, the period of appointment of the person so appointed is deemed to continue until- (a) the appointment is terminated by the Governor in Council; or (b) the expiration of the period of 12 months after the date on which the Chairperson ceases to hold office- whichever first occurs. Accident Compensation Act 1985 - SECT 28 Meetings of the Board 28. Meetings of the Board (1) The Chairperson- (a) may at any time; and (b) must at least 10 times in each calendar year- convene a meeting of the Board to be held at a place and time determined by the Chairperson. (1A) The Board may transact any of its business at a meeting at which the Directors or any of the Directors participate by telephone, closed-circuit television or in any other similar way. (2) The Chairperson must preside at any meeting of the Board at which the Chairperson is present. (3) If the Chairperson is not present at the time fixed for the commencement of a meeting of the Board- (a) the acting Chairperson must preside; or (b) if there is no acting Chairperson, the Directors present at the meeting must elect a Director to preside. (4) A majority of Directors in office at the time constitute a quorum at a meeting of the Board. (5) Subject to the presence of a quorum the Board may act notwithstanding any vacancy in the office of a Director. (6) Every question arising at a meeting of the Board is to be determined by a majority of votes of the Directors present and voting on the question. (7) In the event of an equality of votes on any question at a meeting of the Board the Chairperson or other person presiding at that meeting has a second or casting vote. (8) Subject to this Act, the Board may regulate its own procedure. (9) An act or decision of the Board is not invalid by reason only- (a) of a vacancy in the office of a Director; or (b) of any defect or irregularity in or in connection with the appointment of a Director; or (c) in the case of a person appointed to act as Chairperson or as a Director, that the occasion for so acting has not arisen or has ceased. Accident Compensation Act 1985 - SECT 29 General terms of appointment of Directors 29. General terms of appointment of Directors (1) The Governor in Council may at any time remove a Director from office. (2) The office of a Director becomes vacant- (a) at the expiration of the term of office; (b) if the Director dies; * * * * * (d) if the Director resigns by writing delivered to the Governor in Council; (e) if the Director is removed from office under subsection (1); (f) if the Director becomes bankrupt; (g) if the Director is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (h) if the Director is wilfully absent from three consecutive meetings in any year of the Board without leave granted by the Minister. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Director in respect of the office of Director. (4) A Director is not subject to any action, liability, claim or demand for any matter or thing done or omitted to be done or contract entered into by the Authority if the matter or thing is done or omitted to be done or the contract is entered into in good faith for the purposes of performing a duty or carrying out a power or function of the Authority under this Act or any other Act. Accident Compensation Act 1985 - SECT 30 Acting Directors 30. Acting Directors (1) If a Director is unable to perform the duties of the office of Director, the Governor in Council may appoint a person to act in the place of that Director during the period of the inability. (2) A person appointed under this section while acting in the place of a Director- (a) has all the powers and may perform all the duties of and has the same privileges as the Director for whom the person is acting; and (b) is if that person is not an officer or employee who holds a full-time statutory office within the meaning of the Public Administration Act 2004 or a full-time office with a statutory corporation entitled to be paid- (i) such remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Governor in Council; and (ii) such travelling and other allowances as may be fixed from time to time by the Governor in Council. (3) The Governor in Council may at any time terminate an appointment under subsection (1). (4) If a person has been appointed under subsection (1) to act in the place of a Director during a period of inability of that Director and that Director ceases to hold office without having resumed the performance of the duties of the office, the period of appointment of the person so appointed shall be deemed to continue until- (a) the appointment is terminated by the Governor in Council; or (b) the expiration of the period of 12 months after the date on which the Director for whom that person is acting ceases to hold office- whichever first occurs. Accident Compensation Act 1985 - SECT 31 Pecuniary interests of Directors $$NSECT 31. Pecuniary interests of Directors (1) A Director who has any pecuniary interest in a matter being considered or about to be considered by the Board or in any other matter in which the Authority is concerned must as soon as practicable after the relevant facts have come to the Director's knowledge, declare the nature of that interest at a meeting of the Board. (2) The requirements of subsection (1) do not apply in any case where the interest of the Director consists only of being a member or creditor of a company which has an interest in a contract or proposed contract with the Authority if the interest of the Director may properly be regarded as not being a material interest. (3) The person presiding at a meeting at which a declaration is made under subsection (1) must cause a record of the declaration to be made in the minutes of the meeting. (4) After a declaration is made by a Director under subsection (1)- (a) that Director must not be present during any deliberation of the Board with respect to that matter; and (b) that Director is not entitled to vote on the matter; and (c) if that Director does vote on the matter, the vote must be disallowed. Accident Compensation Act 1985 - SECT 31A WorkCover Advisory Committee 31A. WorkCover Advisory Committee (1) There shall be a WorkCover Advisory Committee to advise the Board in relation to its objectives- * * * * * (b) to ensure that appropriate compensation is paid to injured workers in the most socially and economically appropriate manner and as expeditiously as possible; and (c) to promote the occupational rehabilitation and early return to work of injured workers. (2) The WorkCover Advisory Committee is to consist of members appointed by the Minister from time to time, being- (a) persons with a sound knowledge of the law relating to accident compensation; (b) persons with experience in the provision of hospital services or medical services; (c) persons with experience in accident compensation who are nominated by Victorian employer and employee groups; * * * * * (e) persons with knowledge and experience in occupational rehabilitation. (3) The functions of the WorkCover Advisory Committee are to inquire into and report to the Board upon any matters referred to it by the Board in accordance with the terms of reference supplied by the Board including- (a) to examine, review and make recommendations to the Board in relation to workers' entitlement to compensation, the compensation payable to injured workers, the making of claims for compensation by injured workers and the conciliation of any disputes arising from such claims; (b) to make recommendations to the Board with respect to- (i) the operation and administration of this Act or the Accident Compensation (WorkCover Insurance) Act 1993 and any relevant regulations; and (ii) regulations which the Board or the Minister proposes should be made or approved; (c) to examine, review and make recommendations to the Board in relation to the establishment, administration and operation of occupational rehabilitation, vocational re-education facilities and programs available to injured workers. (4) Subject to this Act, the Board may regulate the procedures of the WorkCover Advisory Committee. Division 3-Financial matters Accident Compensation Act 1985 - SECT 32 WorkCover Authority Fund 32. WorkCover Authority Fund (1) The Authority must establish and maintain a Fund to be called the WorkCover Authority Fund. (2) The following funds established under this Act as in force immediately before the commencement of section 9 of the Accident Compensation (WorkCover) Act 1992- (a) The Accident Compensation Fund; (b) The Accident Compensation Tribunal Fund; (ba) The Appeals Board Fund; (c) The Medical Panels Fund; (d) The Victorian Accident Rehabilitation Fund- become, on that commencement, part of the WorkCover Authority Fund and any money authorised by the Act prior to that commencement to be paid into those Funds or any payments authorised by the Act prior to that commencement to be paid out of those Funds shall be paid into or may be paid out of the WorkCover Authority Fund. (2A) The following funds established under the Accident Compensation (WorkCover Insurance) Act 1993 as in force immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998- (a) the statutory funds of authorised insurers; (b) the Uninsured Employers and Indemnity Fund- become, on that commencement, part of the WorkCover Authority Fund and any money authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior to that commencement to be paid into those funds or any payments authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior to that commencement to be paid out of those funds must be paid into or may be paid out of the WorkCover Authority Fund. (3) There must be paid into the Fund- * * * * * (b) any amount recovered as penalties for offences against this Act, the Accident Compensation (WorkCover Insurance) Act 1993 or the Workers Compensation Act 1958; (ba) any amount- (i) recovered as a penalty for an offence against the Occupational Health and Safety Act 2004, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985 or the Mines Act 1958 or the regulations made under any of those Acts if the proceedings were brought by or on behalf of the Authority or by an inspector appointed by the Authority under any of those Acts; or (ii) received as payment for a penalty for an offence against any of the Acts specified in subparagraph (i) or the regulations made under any of those Acts for which an infringement notice has been issued; (bb) any fee payable under- (i) the Occupational Health and Safety Act 2004 or the Equipment (Public Safety) Act 1994 or regulations made under either of those Acts, unless the regulations made under either of those Acts provide that those fees are otherwise payable; and (ii) the Dangerous Goods Act 1985 and the regulations made under that Act; (bc) any amount certified by the Treasurer, after consultation with the Minister, as a contribution from the Consolidated Fund to the costs and expenses of or incidental to the administration by the Authority of the Occupational Health and Safety Act 2004, the Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985 and the Mines Act 1958; (c) any income from the investment of any money credited to the Fund and the proceeds of the sale of any investment; (d) any money that the Authority borrows6; (e) any money required or permitted to be paid into the Fund under this Act or any other Act; (f) all other money that the Authority receives under or for the purposes of occupational health and safety, accident compensation or occupational rehabilitation; (fa) premiums received for WorkCover insurance policies; (fb) any other amount or penalty paid in connection with WorkCover insurance policies; (fc) registration fees paid under section 58 of the Accident Compensation (WorkCover Insurance) Act 1993; (fd) any amount recovered or penalty received from uninsured employers; (fe) any amount recovered in relation to claims against the Uninsured Employers and Indemnity Scheme; (g) all other money that the Authority receives under or for the purposes of this Act or any other Act. (4) There may be paid out of the Fund- (a) payments of compensation or any other payments required under this or any other Act or any regulation made under this or any other Act to be paid out of the Fund; (b) payments to the Consolidated Fund of amounts certified by the Treasurer, after consultation with the Minister, representing the costs incurred, or to be incurred, annually by the Ombudsman in enquiring into or investigating administrative actions (as defined by the Ombudsman Act 1973) of the Authority, of authorised agents and self-insurers under this Act and of delegates in administering claims under the Workers Compensation Act 1958; * * * * * (d) any payment of an amount certified by the Minister on the advice of the Attorney-General toward costs incurred by the County Court, the Magistrates' Court or the Tribunal arising out of the operation of this Act; (e) any payment required or authorised to be made or which is for or towards the costs and expenses of or incidental to the performance of the functions or the exercise of the powers of the Authority; (f) the remuneration (including allowances) of the Board of Directors and staff of the Authority and, where appropriate, any member of the WorkCover Advisory Committee or Occupational Health and Safety Advisory Committee (within the meaning of the Occupational Health and Safety Act 2004); (fa) any remuneration (including allowances) of members of Medical Panels and such costs and expenses incurred in connection with the operation of Division 3 of Part III as are approved by the Authority; (fb) any payment required to meet the obligation imposed on the Authority by section 52L; (g) all money required for the repayment of borrowings by the Authority and for the payment of interest payable in respect of the borrowings; (h) any remuneration payable to authorised agents and any payment whether for the whole or part of the cost of studies or programmes approved by the Authority carried out or developed for in respect of employers or industries by agents appointed under section 23; and (ha) any payment arising under or in connection with a WorkCover insurance policy; (hb) any payment towards a claim against the Uninsured Employers and Indemnity Scheme; (hc) any payment of costs and expenses in relation to a claim against the Uninsured Employers and Indemnity Scheme; (hd) any payment of expenses incurred by or on behalf of the Authority in administering the Uninsured Employers and Indemnity Scheme; (i) any other costs and expenses incurred by the Authority under this Act or any other Act. (5) For the purposes of this section and the Accident Compensation (WorkCover Insurance) Act 1993 the Authority may open and maintain one or more accounts in the name of the Authority with any authorised deposit-taking institution or institutions. (6) The Authority may invest any money standing to the credit of the WorkCover Authority Fund in accordance with the powers conferred on it under the Borrowing and Investment Powers Act 19877. (7) Where any money is invested in accordance with subsection (6) in the purchase of any land or the construction or alteration of any buildings, the whole or part of the land or buildings may be used by the Authority in connection with its powers, duties or functions under this Act or any other Act8. (8) In the performance of its functions the Authority may for the purposes of and in accordance with any rule of any court in that behalf execute and lodge with the proper officer of the court a bond conditioned for the payment into court by the Authority of a sum of money in satisfaction of any claim. Accident Compensation Act 1985 - SECT 33 Borrowing powers9 33. Borrowing powers9 The Authority may obtain financial accommodation subject to and in accordance with the powers conferred on it under the Borrowing and Investment Powers Act 1987. Accident Compensation Act 1985 - SECT 33A Contributions to the WorkCover Authority Fund 33A. Contributions to the WorkCover Authority Fund (1) The Authority may, in accordance with the regulations, determine the amount of contributions payable into the WorkCover Authority Fund having regard to the amount of leviable remuneration or rateable remuneration within the meaning of section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993 paid or payable during the financial year and preceding financial year in respect of that year and preceding year or any quarter of that year or preceding year by each self-insurer calculated as if the self-insurer were an employer liable to pay the premium and, if the self-insurer is a holding company, as if the self-insurer and each of its subsidiaries were an employer liable to pay the premium. (2) The contribution by each self-insurer- (a) is payable on 1 August, 1 November, 1 February and 1 May in each year; and (b) must be paid within 14 days of the due date. (3) If the contribution is not paid by the due date, the amount of the contribution together with interest at the prescribed rate and the prescribed surcharge may be recovered by the Authority as a civil debt recoverable summarily. (4) Each self-insurer must submit a return in the prescribed form and at the prescribed intervals to enable the Authority to determine the amount of contributions payable. (5) A self-insurer who fails to submit a return as required under subsection (4) within the prescribed period is guilty of an offence against this Act and liable to a penalty of not more than 1 penalty unit for each day during which the default continues. (6) A self-insurer who submits a return which contains any false material particulars is guilty of an offence. Penalty applying to this subsection: 10 penalty units. (7) Contributions under this section must be applied towards the costs referred to in section 32(4)(d), (e), (f), (fa), or (i) or the costs incurred by the Authority in the administration of Division 2 of Part III or in meeting any liability incurred under section 151. Accident Compensation Act 1985 - SECT 34 Budget 34. Budget (1) The Authority must before a date to be fixed by the Minister each year submit to the Minister an operating budget for the next financial year. (2) The Budget must be in a form and contain such matters as may be required by the Minister. Accident Compensation Act 1985 - SECT 34A Operating and financial report 34A. Operating and financial report (1) The Authority must as soon as possible after 31 December but not later than 28 February submit to the Minister an operating and financial report. (2) The operating and financial report must be in a form and contain such matters as may be required by the Minister. (3) The Authority must ensure that the operating and financial report is publicly available within 14 days after it is submitted to the Minister. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * _______________ Accident Compensation Act 1985 - PART III PART III DISPUTE RESOLUTION10 Division 1-County Court Accident Compensation Act 1985 - SECT 39 Jurisdiction-general 39. Jurisdiction-general (1) Subject to the County Court Act 1958, the County Court has exclusive jurisdiction to inquire into, hear and determine any question or matter under this Act arising after the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992, out of11- (a) any decision of the Authority, employer or a self-insurer; or (b) any recommendation or direction of a conciliation officer. (1AA) If the County Court is exercising the jurisdiction conferred by subsection (1) in a proceeding relating to the entitlement of a worker to weekly payments, the County Court has the jurisdiction in the proceeding 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. (1A) Subsection (1) does not apply to a question or matter arising out of a decision of the Authority under section 134AB(20), 134AB(20A), 135A(6A) or 135A(6B). (2) Subsection (1) does not apply to any question or matter arising under- (a) Division 3A, 6, 6A or 9A of Part IV; or (b) Part V; or (c) Part VII. (3) This section as amended by section 11 of the Accident Compensation (Miscellaneous Amendment) Act 1997 applies in respect of any proceedings commenced on or after the commencement of that section. (4) Any proceedings commenced before the commencement of section 11 of the Accident Compensation (Miscellaneous Amendment) Act 1997 may be continued as if that section had not been enacted. Accident Compensation Act 1985 - SECT 40 Jurisdiction under Workers Compensation Act 1958 40. Jurisdiction under Workers Compensation Act 1958 (1) Subject to the County Court Act 1958, the County Court- (a) has exclusive jurisdiction to inquire into, hear and determine12- (i) any question or matter with respect to whether a claim for compensation should be made under the Workers Compensation Act 1958 or this Act; and (ii) any question or matter in relation to whether liability to pay compensation arises under the Workers Compensation Act 1958 or this Act; and (iii) any other question or matter relating to claims for compensation under the Workers Compensation Act 1958; and (b) has jurisdiction to inquire into, hear and determine any question or matter relating to- (i) whether an insurer is, or two or more insurers are, liable to indemnify an employer under a policy of insurance or indemnity issued under the Workers Compensation Act 1958; or (ii) the amount of any such liability; and (c) has exclusive jurisdiction to inquire into, hear and determine any question or matter in respect of which jurisdiction is conferred on the County Court by this Act or the Workers Compensation Act 195813. * * * * * * * * * * Accident Compensation Act 1985 - SECT 42 Transitional: proceedings commenced but not determined 42. Transitional: proceedings commenced but not determined (1) Where, before the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992, any matter, other than a matter arising under section 99, 120, 218 or Division 6A of Part IV of this Act or section 26 of the Workers Compensation Act 1958, had been commenced before the Accident Compensation Tribunal but the Tribunal had not commenced to hear the matter, the County Court shall hear and determine the matter in all respects as if the matter had been commenced before it. (2) Where, before the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992, the Accident Compensation Tribunal had commenced to hear any matter, other than a matter arising under section 99, 120, 218 or Division 6A of Part IV of this Act or section 26 of the Workers Compensation Act 1958, but had not completed the hearing or had not determined the matter, the County Court shall commence to hear and shall determine the matter in all respects as if the matter had been commenced before it. (3) The County Court must not hear proceedings to which this section applies unless the parties have attended a conference with a conciliator. (4) The Minister- (a) may appoint persons to act as conciliators for the purposes of subsection (3); and (b) may give directions about the procedures for conferences under that subsection. Accident Compensation Act 1985 - SECT 42A Transitional: medical or like matters commenced but not determined 42A. Transitional: medical or like matters commenced but not determined (1) Where, before the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992, any matter arising under section 99, 120, 218 or Division 6A of Part IV of this Act or section 26 of the Workers Compensation Act 1958 had been commenced before the Accident Compensation Tribunal (in this section called the former Tribunal) but the former Tribunal had not commenced to hear the matter, the Administrative Appeals Tribunal (in this section called the new Tribunal) should hear and determine the matter in all respects as if the matter had been commenced before it. (2) Where, before the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992, the former Tribunal had commenced to hear any matter but had not completed the hearing or had not determined the matter, the new Tribunal shall commence to hear and shall determine the matter in all respects as if the matter had been commenced before it. Accident Compensation Act 1985 - SECT 42B Transitional: final conclusion of proceedings 42B. Transitional: final conclusion of proceedings (1) This section applies to proceedings in the Accident Compensation Tribunal that had been determined by the Tribunal before the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992 but that were not finally concluded before that commencement. (2) For the purposes of this section any judge of the County Court may act as a member of the Accident Compensation Tribunal. (2A) The Accident Compensation Tribunal continues in existence for the purposes of determining any matter arising after the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992 in any proceedings to which this section applies. (2B) This section as amended by section 24 of the Accident Compensation (Amendment) Act 1994 applies to any application which is lodged in the County Court or Magistrates' Court on or after the commencement of that section. (3) For the purposes of this section, the Tribunal may exercise such powers and perform such functions as it could have exercised or performed in relation to the proceedings immediately before the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992 and, for the purpose of finally concluding the proceedings, this Act applies as if it had not been amended by that section. Accident Compensation Act 1985 - SECT 43 Jurisdiction of Magistrates' Court 43. Jurisdiction of Magistrates' Court (1) If14- (a) the County Court would have had jurisdiction under this Act or the Workers Compensation Act 1958 to inquire into, hear and determine any question or matter; and (b) the question or matter is in respect of a decision, recommendation or direction for or in respect of a sum or matter the amount or value of which does not exceed $40 000 or is in respect of the payment of weekly payments15- the Magistrates' Court has a like jurisdiction. (1A) The Magistrates' Court has jurisdiction to inquire into, hear and determine any question or matter relating to a decision, recommendation or direction in respect of a request made under section 107 or 107A. (2) Despite subsection (1), the Magistrates' Court must not make an order for the payment of weekly payments to a worker in respect of any period or periods before the order is made the total of which exceeds 130 weeks of weekly payments16. (3) This Act applies to the Magistrates' Court when exercising jurisdiction under this Part as if a reference to the County Court were a reference to the Magistrates' Court. (4) Divisions 2 and 3 of Part 5 of the Magistrates' Court Act 1989 do not apply to a proceeding commenced in the Magistrates' Court under this Part. Accident Compensation Act 1985 - SECT 44 Evidence 44. Evidence (1) In proceedings under this Act or the Workers Compensation Act 1958, the County Court is not bound by the rules or practice as to evidence, but may inform itself in any manner it thinks fit and may take evidence in writing or orally. (2) The County Court may take evidence on oath and may administer an oath or take an affirmation or declaration. (3) Evidence given before the County Court must not be used in any civil or criminal proceedings in any court or tribunal other than proceedings- (a) for an offence against this Act, the Accident Compensation (WorkCover Insurance) Act 1993 or the Workers Compensation Act 1958; (b) for an offence against the Crimes Act 1958 which arises in connection with a claim for compensation under this Act. * * * * * (4) The County Court may, of its own motion or on the application of any party to the proceedings before it, issue to any person a summons to appear before the Court to give evidence or to produce the documents specified in the summons. Accident Compensation Act 1985 - SECT 45 Medical questions 45. Medical questions (1) Where the County Court exercises jurisdiction under this Part, the County Court- (a) may refer a medical question; or (b) if a party to the proceedings requests that a medical question or medical questions be so referred, must, subject to subsections (1B) and (1C), refer that medical question or those medical questions- to a Medical Panel for an opinion under this Division. (1A) This section extends to, and applies in respect of, an application for leave under section 134AB(16)(b)- (a) so as to enable in accordance with subsection (1)(a) the court hearing the application to refer a medical question (including a medical question as defined in paragraphs (h) and (i) of the definition of medical question in section 5(1)); or (b) so as to require in accordance with subsection (1)(b) the court hearing the application at the request of a party to the application to refer a medical question (including a medical question as defined in paragraph (h) of the definition of medical question in section 5(1) but excluding a medical question as defined in paragraph (i) of that definition)- for the opinion of a Medical Panel. (1B) The County Court may refuse to refer a medical question to a Medical Panel on an application under subsection (1)(b) if the County Court is of the opinion that the referral would, in all the circumstances, constitute an abuse of process. (1C) The County Court has on an application under subsection (1)(b) the discretion as to the form in which the medical question is to be referred to a Medical Panel. (2) If the County Court refers a medical question to the Panel, the Court must give each party to the proceedings, copies of all documents in the possession of the Court relating to the medical question. * * * * * (4) If the County Court refers a medical question to a Medical Panel, the Court must give a copy of the Panel's opinion to the worker and to the employer, Authority or self-insurer and may give a copy to a party to the proceedings. Accident Compensation Act 1985 - SECT 46 Admissibility of statements by injured workers 46. Admissibility of statements by injured workers (1) If a worker after receiving an injury makes any statement in writing in relation to that injury to the worker's employer or to the Authority or to any person acting on behalf of the employer or the Authority, the statement shall not be admitted to evidence if tendered or used by the employer or the Authority in any proceedings under this Act unless the employer or the Authority has, at least 14 days before the hearing, furnished to the worker or to the worker's legal practitioner or agent a copy in writing of the statement. (2) In proceedings for revocation of a direction given by a Conciliation Officer, the County Court or the Tribunal, as the case requires, may dispense with the requirement that a copy of the statement be furnished at least 14 days before the hearing or may shorten that period. Accident Compensation Act 1985 - SECT 47 Admissibility of medical reports 47. Admissibility of medical reports (1) A medical report arising from an examination is admissible in evidence in any proceedings under this Act. (2) Subsection (1) is subject to any provision of the rules of the County Court or the Tribunal, as the case requires, or the regulations relating to the giving of notice of the admission in evidence of the medical report. (3) A medical practitioner whose medical report is, pursuant to subsection (1), admissible in evidence, may be required, in accordance with the rules of the County Court or the Tribunal, as the case requires or the regulations, to attend and be cross-examined on the contents of the report. (4) In this section medical report means any written report of a medical practitioner or registered psychologist relating to the worker, but does not include a certificate or report to which section 48 applies. Accident Compensation Act 1985 - SECT 48 Admissibility of certificates and reports of Medical Panels 48. Admissibility of certificates and reports of Medical Panels (1) A certificate or report given by a Medical Panel is admissible in evidence in any proceedings under this Act or Part VBA of the Wrongs Act 1958. (2) A member of a Medical Panel is competent to give evidence as to matters in a certificate or report given by the Medical Panel of which he or she was a member, but the member may not be compelled to give any such evidence. (3) A consultant engaged to provide expert advice to a Medical Panel is competent to give evidence as to matters relating to that expert advice, but the consultant may not be compelled to give any such evidence. Accident Compensation Act 1985 - SECT 49 Certain proceedings referred for conciliation 49. Certain proceedings referred for conciliation (1) Proceedings, other than proceedings which relate solely to a claim under section 92, 92A, 92B, 98 or 98A, must not be commenced in the County Court or Magistrates' Court- (a) unless the dispute between the parties has been referred for conciliation under Division 2 of Part III; and (b) until the Conciliation Officer has issued a certificate, which the Conciliation Officer must issue if the Conciliation Officer is satisfied that all reasonable steps have been taken by the claimant to settle the dispute. (2) This section as amended by section 13 of the Accident Compensation (Miscellaneous Amendment) Act 1997 applies in respect of any referral lodged on or after the commencement of that section. Accident Compensation Act 1985 - SECT 50 Costs 50. Costs (1) Subject to this Act, in proceedings before the County Court under this Act or the Workers Compensation Act 1958 being proceedings brought by a person other than the Authority, employer or a self-insurer, the Court- (a) must award costs against the party against whom a judgement or decision is made; and (b) may, if it considers it appropriate, include in an order under paragraph (a) an award of costs to the representative of a worker in whose favour a judgement or decision is made; and (c) must not otherwise make an award of costs. (2) Nothing in subsection (1) applies to proceedings brought by the Authority, employer or a self-insurer. (2AA) Subsections (3) to (6) do not apply in proceedings before the County Court commenced before the commencement of section 5 of the Accident Compensation and Other Legislation (Amendment) Act 2006 if the only reason why those subsections would apply is because of the amendment of section 43 by that section. (2A) In proceedings before the County Court under this Act which relate to a claim under section 98 or 98A, if a judgment or order is made by the County Court for the payment of an amount of compensation to the claimant- (a) which is not less than 90 per cent of the claimant's counter statutory offer but is greater than the statutory offer made by the Authority, employer or self-insurer-the Authority, employer or self-insurer must pay the claimant's party and party costs and must bear their own costs; or (b) which is equal to or less than the statutory offer made by the Authority, employer or self-insurer-the claimant must pay the party and party costs of the Authority, employer or self-insurer and bear his or her own costs; or (c) which is greater than the statutory offer made by the Authority, employer or self-insurer but less than 90 per cent of the counter statutory offer made by the claimant-each party must bear their own costs- and the County Court must not otherwise make an award of costs. (2B) If a direction of a Conciliation Officer under Division 2 of Part III is revoked by the County Court or Magistrates' Court in an application under section 60, unless the County Court or Magistrates' Court has made an order under section 60(4)(b), the County Court or Magistrates' Court must order that the costs of the worker are to be paid by the person who made the application and must not order that the costs of the person who made the application be paid by the worker17. (3) Costs awarded to a worker or claimant by the County Court in proceedings brought by the worker or claimant in which the judgement or decision is a judgement or decision that could have been made by the Magistrates' Court, had the proceedings been brought in the Magistrates' Court, must be awarded as if the scale of costs applicable in the Magistrates' Court applied. (4) If a settlement or compromise is made in respect of proceedings in the County Court brought under this Act by a worker or claimant and the outcome achieved by the settlement or compromise could have been achieved by a judgment or decision made by the Magistrates' Court had the proceedings been brought in the Magistrates' Court18- (a) subsection (5) and (6) apply in respect of that settlement or compromise; and (b) whether or not an agreement referred to in subsection (5) is entered into, the worker or claimant or his or her legal practitioner is not entitled to receive either directly or indirectly from the other party to the proceedings an amount for or in respect of the legal practitioner appearing for or acting on behalf of the worker or claimant in the proceedings that exceeds the amount the worker or claimant or legal practitioner could have been awarded if the scale of costs applicable in the Magistrates' Court applied. (5) An agreement must not be entered into in respect of, or which forms part of, the settlement or compromise which provides that the worker or claimant or his or her legal practitioner is to receive directly or indirectly from the other party to the proceedings for or in respect of the legal practitioner appearing for or acting on behalf of the worker or claimant in the proceedings, an amount which exceeds the amount that the worker or claimant or legal practitioner could have been awarded if the scale of costs applicable in the Magistrates' Court applied19. (6) An agreement which does not comply with subsection (5) is void but the validity of the settlement or compromise is not otherwise affected20. (7) This section has effect despite anything to the contrary in any other Act or law. Accident Compensation Act 1985 - SECT 50A Costs liability of legal practitioner 50A. Costs liability of legal practitioner (1) This section is to be construed as being in addition to, and not in derogation from, section 78A of the County Court Act 1958. (2) If the legal practitioner for a party to proceedings before the County Court brought under this Act whether personally or through a servant or agent, has- (a) without reasonable cause, caused proceedings which could have been brought within the jurisdiction of the Magistrates' Court to be commenced in the County Court; or (b) caused costs to be incurred improperly or without reasonable cause or to be wasted by undue delay or negligence or by any other misconduct or default- the County Court may make an order as specified in subsection (3). (3) The County Court may order that- (a) all or any of the costs between the legal practitioner and the client be disallowed or that the legal practitioner repay to the client the whole or part of any money paid on account of costs; or (b) the legal practitioner pay to the client all or any of the costs which the client has been ordered to pay to any party; or (c) the legal practitioner pay all or any of the costs payable by any party other than the client. (4) Without limiting subsection (2), a legal practitioner is in default for the purposes of that subsection if any proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, because the legal practitioner failed to- (a) attend in person or by a proper representative; or (b) file any document which ought to have been filed; or (c) lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; or (d) be prepared with any proper evidence or account; or (e) otherwise proceed. (5) The County Court must not make an order under subsection (3) without giving the legal practitioner a reasonable opportunity to be heard. (6) The County Court may order that notice of any proceeding or order against a legal practitioner under this section be given to the client in such manner as the County Court directs. Accident Compensation Act 1985 - SECT 51 Appeals to Supreme Court 51. Appeals to Supreme Court (1) On the hearing of an appeal under section 52 by the Supreme Court, the Supreme Court may make such order as it thinks fit and may by such order confirm, reduce, increase or vary the assessment, decision or determination. (2) The costs of the appeal shall be in the discretion of the Supreme Court. Accident Compensation Act 1985 - SECT 52 Appeals 52. Appeals (1) Any person who was a party to proceedings before the County Court at which a judgement or decision was given or made may appeal to the Court of Appeal on a question of law raised during those proceedings. (2) If a person intends to appeal to the Supreme Court under subsection (1), the person, within 21 days after the giving of the judgement or making of the decision, must serve notice of intention to appeal on the County Court and on each other party to the proceedings. (3) If a person has served a notice under subsection (2), that person must lodge the appeal application within 6 months after the making of the determination or by leave of the Supreme Court (obtained before or after that period) after that period. (4) The Supreme Court must not consider an appeal if- (a) notice of intention to appeal has not been served under subsection (2); or (b) the appeal application is not lodged as required by subsection (3). (5) For the purposes of Division 6 of Part IV, the service of a notice of intention to appeal and the lodging of an appeal under that Division do not operate as a stay of a determination of the County Court. (6) If the determination appealed against included a determination that compensation in the form of weekly payments be paid, the weekly payments must continue despite service of notice of intention to appeal or lodging the appeal application until the County Court reviews the determination in accordance with subsection (8). (7) If the determination appealed against included a determination that compensation in a form other than weekly payments be paid, the compensation in dispute- (a) must not be paid until the period specified in subsection (2) has elapsed; and (b) if a notice of intention to appeal has been served under subsection (2), must not be paid until the period of six months has elapsed; and (c) if an application has been lodged under subsection (3), must not be paid until the Supreme Court has considered the appeal and the County Court has made a determination under subsection (8) or the appeal has been withdrawn. (8) On the making of a determination by the Supreme Court on an appeal under this section, the County Court must review its determination and make a new determination not inconsistent with the Supreme Court's determination. (9) Section 74 of the County Court Act 1958 does not apply to a judgement or order of the County Court in proceedings under this Act or the Workers Compensation Act 1958. Division 1A-Accident Compensation Conciliation Service Accident Compensation Act 1985 - SECT 52A Establishment of the Service 52A. Establishment of the Service (1) There is established a body corporate called the Accident Compensation Conciliation Service. (2) The Service consists of one member, who is to be the person who is, or who is acting as, the Senior Conciliation Officer. (3) The Service- (a) has perpetual succession; (b) is capable of acquiring, holding and disposing of property; (c) may sue and be sued in its corporate name; * * * * * (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. * * * * * Accident Compensation Act 1985 - SECT 52B Function 52B. Function The function of the Service is to provide conciliation services for the purposes of this Act. Accident Compensation Act 1985 - SECT 52C Powers 52C. Powers The Service may do all things that are necessary or convenient to enable it to carry out its function. Accident Compensation Act 1985 - SECT 52D Appointment of Conciliation Officers 52D. Appointment of Conciliation Officers (1) The Governor in Council must appoint- (a) a person to be the Senior Conciliation Officer; and (b) one or more other people to be Conciliation Officers. (2) The appointment of a person as the Senior Conciliation Officer is to be made on the terms and conditions specified by the Minister. (3) A person may only be appointed as a Conciliation Officer if the person has consented- (a) to make himself or herself available for engagement as a Conciliation Officer by the Service; and (b) to act as a Conciliation Officer on the terms, and for the remuneration, specified in writing by the Minister. Accident Compensation Act 1985 - SECT 52E Engagement of Conciliation Officers 52E. Engagement of Conciliation Officers (1) The Service must engage people appointed as Conciliation Officers to assist it to carry out its functions. (2) Unless subsection (3A) applies, a person may only be engaged as a Conciliation Officer on the terms and conditions specified by the Minister and given to the person before his or her appointment as a Conciliation Officer. (3) In engaging a Conciliation Officer the Service is not to be taken as employing the Conciliation Officer. (3A) The Minister may approve in writing any written variation approved by a Conciliation Officer in the terms and conditions on which the Conciliation Officer is engaged. (4) Despite subsection (3), for the purposes of this Act (other than this Division), a Conciliation Officer is deemed to be a worker employed by the Service. Accident Compensation Act 1985 - SECT 52F Senior Conciliation Officer 52F. Senior Conciliation Officer (1) In exercising his or her powers and carrying out his or her functions under this Act, the Senior Conciliation Officer (and any person acting as the Senior Conciliation Officer) must observe any guidelines issued by the Minister. (2) A reference in this Act to a Conciliation Officer (other than in sections 52D and 52E) is to be read as including a reference to the Senior Conciliation Officer. Accident Compensation Act 1985 - SECT 52G Appointment of acting Senior Conciliation Officer 52G. Appointment of acting Senior Conciliation Officer (1) The Minister must appoint a Conciliation Officer to act as the Senior Conciliation Officer if- (a) the office of Senior Conciliation Officer becomes vacant; or (b) the Senior Conciliation Officer or an acting Senior Conciliation Officer becomes unable to carry out the duties of office; or (c) the Senior Conciliation Officer or an acting Senior Conciliation Officer is given notice of an investigation under section 52I(2). (2) An acting appointment- (a) under subsection (1)(a) continues until the Governor in Council appoints another person as the Senior Conciliation Officer or until the Minister (acting under this section) or the Governor in Council appoints another person to act as the Senior Conciliation Officer; (b) under subsection (1)(b) continues until the Senior Conciliation Officer becomes able to carry out the duties of office or until the Minister (acting under this section) or the Governor in Council appoints another person to act as the Senior Conciliation Officer; (c) under subsection (1)(c) continues until the Senior Conciliation Officer is given written notice under section 52I(3)(a) that a recommendation will not be made or until the Minister (acting under this section) or the Governor in Council appoints another person to act as the Senior Conciliation Officer. (3) If the Minister appoints a person to act as the Senior Conciliation Officer under this section, the appointment is deemed to have taken effect immediately after the happening of the event that required the Minister to make the appointment. Accident Compensation Act 1985 - SECT 52H When a Conciliation Officer ceases to hold office 52H. When a Conciliation Officer ceases to hold office (1) A person ceases to be a Conciliation Officer- (a) at the expiry of any term of office specified in the terms and conditions referred to in section 52D(2) or 52E(2) (unless that term is extended in accordance with those terms and conditions); or (b) if he or she resigns in accordance with subsection (2); or (c) if he or she is removed from office under section 52I; or (d) if he or she becomes bankrupt; or (e) if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence. (2) A Conciliation Officer may resign by writing signed by the Conciliation Officer and delivered to the Minister. Accident Compensation Act 1985 - SECT 52I Removal from office 52I. Removal from office (1) The Minister may recommend to the Governor in Council that a Conciliation Officer be removed or suspended from office if the Minister is of the opinion, after having given the Conciliation Officer an opportunity to be heard, that the Conciliation Officer- (a) is incapable of performing official duties; or (b) has refused or neglected to perform those duties; or (c) has committed a serious breach of confidentiality; or (d) has committed a serious breach of one or more of his or her terms or conditions of engagement. (2) To begin an investigation into whether or not to make a recommendation under subsection (1), the Minister must give the Conciliation Officer written notice of the investigation, together with an outline of the reasons why the investigation is to be conducted. (3) On receiving such notice, the Conciliation Officer is, by virtue of this section, suspended from office until he or she- (a) is given written notice that the Minister does not intend to make a recommendation under this section in relation to the matters investigated; or (b) is removed from office under subsection (5); or (c) completes any term of suspension imposed under subsection (5). (4) A Conciliation Officer who is suspended under subsection (3) remains entitled to his or her remuneration and allowances as a Conciliation Officer during the period of suspension. (5) On receiving a recommendation from the Minister under this section that a Conciliation Officer be removed or suspended from office, the Governor in Council may remove or suspend the Conciliation Officer from office. (6) Subsection (4) ceases to apply if a suspension is imposed on a Conciliation Officer under subsection (5). Accident Compensation Act 1985 - SECT 52J Other staff and administrative services 52J. Other staff and administrative services (1) The Service may appoint any other officers or employees that are necessary to enable it to carry out its function. (2) The Service may enter into arrangements with the Authority or with any other person or body for the provision of administrative services to the Service. Accident Compensation Act 1985 - SECT 52K Service budget 52K. Service budget (1) Each year, on or before the date required by the Minister, the Service must submit to the Minister a proposed annual budget for its operations for the coming financial year. (2) The Minister must either approve the proposed budget or request that the proposed budget be amended. Accident Compensation Act 1985 - SECT 52L Authority to fund the Service 52L. Authority to fund the Service (1) The Authority must give the Service sufficient resources to enable the Service to meet all the expenses it incurs. (2) Despite subsection (1), the Authority must not with respect to any financial year, without the written approval of the Minister, give the Service a total amount greater than the amount shown in the Service's annual budget as the Service's proposed total expenditure for that year. Accident Compensation Act 1985 - SECT 52LA Signature 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 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. (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 by the Senior Conciliation Officer. Accident Compensation Act 1985 - SECT 52M Savings and transitional provisions 52M. Savings and transitional provisions (1) In this section- amending Act means the Accident Compensation (Amendment) Act 2001; relevant date means the date of commencement of section 8 of the amending Act. (2) The person who was the Senior Conciliation Officer immediately before the relevant date- (a) is deemed to have been appointed as the Senior Conciliation Officer by the Governor in Council under section 52D(1); and (b) subject to section 52H, is not to have his or her terms and conditions affected by the coming into operation of section 8 of the amending Act. (3) Any person who was a Conciliation Officer immediately before the relevant date- (a) is deemed to have been appointed as a Conciliation Officer by the Governor in Council under section 52D(1); and (b) subject to section 52H, is not to have his or her terms and conditions affected by the coming into operation of section 8 of the amending Act. (4) Any conciliation proceeding in relation to a dispute that had not been completed immediately before the relevant date is to continue as if Part 3 of the amending Act was not in force. Division 2-Conciliation of disputes Accident Compensation Act 1985 - SECT 53 Definitions 53. Definitions In this Division- conciliation conference means any conference held with or before a conciliation officer- (a) to resolve a dispute referred for conciliation; or (b) for the purpose of giving directions in connection with any such dispute; dispute means a dispute in connection with a claim for compensation between the person who makes or has made the claim and any one or more of the following- (a) the employer (not being a self-insurer or a subsidiary of a self-insurer) of the relevant worker; (b) where the compensation is or may be payable by the Authority, the Authority; (c) where the compensation is or may be payable by a self-insurer, that self-insurer. * * * * * Accident Compensation Act 1985 - SECT 55 Lodging of disputes 55. Lodging of disputes (1) Any party to a dispute may refer the dispute for conciliation by a Conciliation Officer. (2) A referral for conciliation of a dispute must be lodged with the Senior Conciliation Officer by sending or delivering notice in the form approved by the Minister within 60 days after notice of the decision was given to or served on the worker or claimant. (2A) A referral must be signed or sealed personally by the party making the application unless the Senior Conciliation Officer is satisfied that there are special circumstances preventing the party from personally doing so. (3) The Senior Conciliation Officer may, on application, allow- (a) an extension of time for lodging an application; or (b) an application to be lodged out of time- if he or she considers it appropriate in the circumstances of the particular case. * * * * * Accident Compensation Act 1985 - SECT 55A Referral of medical question by consent 55A. Referral of medical question by consent (1) Without limiting any other provision of this Act, the Authority or a self-insurer may apply to the Senior Conciliation Officer in accordance with this section for a medical question relevant to a claim for compensation by a worker to be referred by a Conciliation Officer to a Medical Panel. (2) The Authority or a self-insurer can only make an application under this section with the consent of the worker and in the absence of a dispute. (3) If a Conciliation Officer is satisfied after considering an application under this section that- (a) the medical question is in an appropriate form; and (b) the worker has given informed and genuine consent; and (c) the medical question is relevant and would assist in the consideration and management of the worker's claim; and (d) the Authority or the self-insurer, and the worker, have provided all the relevant documents and information- the Conciliation Officer must refer the medical question to a Medical Panel. (4) The Authority or a self-insurer must bear all the costs reasonably incurred by a worker in relation to an application under this section. Accident Compensation Act 1985 - SECT 56 Procedures before Conciliation Officers 56. Procedures before Conciliation Officers (1) The Senior Conciliation Officer may give directions as to the arrangement of the business of the Conciliation Officers. (2) A Conciliation Officer must, having regard to the need to be fair, economical, informal and quick, and having regard to the objects of the Act, make all reasonable efforts to conciliate in connection with a dispute and to bring the parties to agreement. (3) A person who is a party to any dispute is not entitled to be represented by a legal practitioner at any conciliation conference. (4) The Conciliation Officer and each party to a dispute may agree to a party being represented by a legal practitioner at a conciliation conference. (5) A provider of a medical service or a provider of a service under section 99 or 99A who has examined a worker may, with the consent of the worker and at the request of the Conciliation Officer- (a) meet with the Conciliation Officer and answer questions; and (b) supply relevant documents to the Conciliation Officer. (6) A Conciliation Officer may refer a medical question to a Medical Panel for an opinion under this Division. * * * * * (8) If the Conciliation Officer is satisfied that sufficient information has been supplied to him or her in connection with a dispute, the Conciliation Officer may exercise functions under this Division- (a) without having any conciliation conference; and (b) without requesting further information from any party to the dispute. (9) The Conciliation Officer may request a party who participates in a conciliation to produce a document or a class of documents specified, or provide information or information of a kind specified, that the Conciliation Officer considers may be relevant to the resolution of the dispute. (9A) If a party refuses or fails to produce any document or provide any information requested under subsection (9), the document or information cannot be tendered as evidence by that party in any proceedings under this Act which relate to the dispute. (10) A Conciliation Officer may at his or her discretion make any documents or information provided under subsection (9) available to any other party. (11) A person who, in connection with a dispute referred for conciliation, makes a statement that the person knows to be false or misleading in a material particular is guilty of an offence. Penalty: 50 penalty units. Accident Compensation Act 1985 - SECT 57 Conciliation of disputes 57. Conciliation of disputes (1) The Conciliation Officer may do any one or more of the following things in connection with the dispute or any part of the dispute- (a) make such recommendations to the parties to the dispute as he or she considers to be appropriate; (b) in the case of a dispute to which section 59 applies, give directions under this Division; (ba) in the case of a dispute arising under section 107 or 107A- (i) give a direction that information relevant to a claim made under this Act is to be given to the person who requested the information; or (ii) notify the person who requested the information that there is a genuine dispute with respect to the giving of the information requested; (c) decline to make any recommendation or give any direction. (2) A Conciliation Officer may conciliate with respect to a dispute (and make or give relevant recommendations or directions) even though the dispute is pending determination in proceedings under this Act, unless the County Court determines otherwise. Accident Compensation Act 1985 - SECT 58 Protection against liability for Conciliation Officers 58. Protection against liability for Conciliation Officers (1) A Conciliation Officer is not personally liable for anything done or omitted to be done in good faith- (a) in the exercise of a power or the discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a Conciliation Officer attaches instead to the Service. Accident Compensation Act 1985 - SECT 58A Protection of legal practitioners 58A. Protection of legal practitioners * * * * * (2) A legal practitioner appearing at a conciliation conference on behalf of a party in accordance with section 56(4) has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. Accident Compensation Act 1985 - SECT 58B Offence to not comply with direction 58B. Offence to not comply with direction A person who is given a direction by a Conciliation Officer under this Division must comply with the direction. Penalty: 50 penalty units. Accident Compensation Act 1985 - SECT 59 Disputes relating to weekly payments 59. Disputes relating to weekly payments (1) In this section a reference to a dispute as to liability to make or continue to make weekly payments includes a reference to a dispute as to whether a worker has no current work capacity or has a current work capacity or as to any other matter which affects the amount of the weekly payments. (2) This section applies if a dispute relating to- (a) a claim for weekly payments of compensation; or (b) a continuation of weekly payments of compensation; or (c) a claim for the payment of compensation under section 99- has been referred to conciliation under this Division, but a Conciliation Officer is unable to bring the parties to agreement by conciliation. (3) If the Conciliation Officer is satisfied that there is no genuine dispute with respect to the liability to make or continue to make weekly payments, the Conciliation Officer may direct the Authority, employer or self-insurer, as the case may be to pay or continue to pay compensation in accordance with the direction. (4) If the Conciliation Officer is satisfied that there is a genuine dispute with respect to the liability to make or continue to make weekly payments, the Conciliation Officer must notify the person who made the claim for weekly payments, or who was receiving weekly payments, of that fact and that an application may be made to the County Court to determine the matter. (5) A direction or further direction of a Conciliation Officer under this section may require the Authority, employer or self-insurer to pay or continue to pay weekly payments for such period not exceeding 12 weeks as is specified in the direction. (6) Nothing in this section prevents a Conciliation Officer from giving a further direction or further directions for payment of compensation after the expiry of an earlier direction except where the earlier direction is revoked by the County Court. (7) In addition to the power conferred by subsection (5), a Conciliation Officer may direct payment of weekly payments during a period that is before the direction is given, but that period must not exceed 24 weeks. (8) If a Conciliation Officer gives a direction or further direction to pay or continue to pay weekly payments, the Conciliation Officer may also give a general direction to the Authority, employer or self-insurer, to pay subject to and in accordance with section 99 the reasonable costs of services specified in that section that were or are to be provided during the period specified in the direction under subsection (5) or (7) as the case may be. (9) If the dispute is, or includes, a dispute as to the liability for the payment of compensation under section 99 in respect of an injury and the Conciliation Officer is satisfied that there is no genuine dispute with respect to such liability, the Conciliation Officer, unless subsection (8) applies, may give a general direction to the Authority, employer or self-insurer, to pay subject to and in accordance with section 99 the reasonable costs of services specified in that section up to a total of $2000 in respect of the relevant injury. (10) For the purposes of this section a Conciliation Officer is to be taken to be satisfied that- (a) there is a genuine dispute if the Conciliation Officer is satisfied that there is an arguable case in support of the denial of liability; (b) there is no genuine dispute if the Conciliation Officer is satisfied that there is no arguable case in support of the denial of liability. Accident Compensation Act 1985 - SECT 60 Revocation of directions of Conciliation Officer 60. Revocation of directions of Conciliation Officer (1) A direction given by a Conciliation Officer under this Division may be revoked by the Conciliation Officer or by any other Conciliation Officer. (2) The County Court may, on the application of a person who is liable to make payments of compensation in accordance with a direction of a Conciliation Officer under this Division, revoke the direction. (3) If a direction is revoked, the obligation to make payments of compensation under the direction ceases. (4) If the County Court subsequently determines that a person is not liable to make the payments of compensation that have been paid in accordance with a direction of a Conciliation Officer, the following provisions apply- (a) the worker or other person who received those payments is not required to refund those payments unless the County Court otherwise orders under paragraph (b); (b) if the County Court is satisfied that the claim for compensation was wholly or partly fraudulent or made without proper justification, it may order the worker or other person concerned to refund the whole or a specified part of those payments; (c) the County Court may (instead of making an order for a refund) order any other person whom it determines was liable for the whole or any part of those payments to reimburse the person who made those payments. (5) The Magistrates' Court may, on the application of a person to whom a direction has been given under section 57(1)(ba), revoke the direction. Accident Compensation Act 1985 - SECT 61 Payments under direction etc. not admission of liability 61. Payments under direction etc. not admission of liability (1) The fact that a person- (a) pays or continues to pay compensation in accordance with a direction or recommendation of a Conciliation Officer under this Division; or (b) does not apply for a revocation of any such direction- is not an admission of liability by the person. (2) The grant or refusal by the County Court of an application for revocation of a direction is not a finding as to liability in respect of the matter in dispute. Accident Compensation Act 1985 - SECT 61A Certain evidence inadmissible in proceedings 61A. Certain evidence inadmissible in proceedings Evidence of- (a) anything said at, and any admission or agreement made at or during; or (b) any document prepared for the purposes of- a conciliation of a dispute is not admissible in any court or tribunal in any proceedings other than proceedings for- (c) the enforcement of such an agreement; or (d) an offence against this Act, the Accident Compensation (WorkCover Insurance) Act 1993 or the Workers Compensation Act 1958; or (e) an offence against the Crimes Act 1958 which arises in connection with a claim for compensation under this Act. Accident Compensation Act 1985 - SECT 62 Costs 62. Costs Each party to a dispute referred to conciliation bears the party's own costs. Division 3-Medical Panels Accident Compensation Act 1985 - SECT 63 Establishment and constitution 63. Establishment and constitution (1) Medical Panels must be constituted as necessary for the purposes of this Act and Part VBA of the Wrongs Act 1958 to carry out such functions as may be conferred on a Medical Panel under this Act or that Part. (2) For the purpose of constituting Panels, there is to be a list of members consisting of medical practitioners appointed by the Governor in Council. (3) From the list of members under subsection (2), the Minister- (a) must appoint a Convenor; and (b) may appoint a Deputy Convenor. (3A) The Deputy Convenor may, subject to the direction of the Convenor, exercise the functions and powers conferred on the Convenor by or under this Act. (3B) In the temporary absence of the Convenor, the Deputy Convenor has, and may exercise, the functions and powers conferred on the Convenor by or under this Act. (4) A panel constituted after the commencement of section 27 of the Accident Compensation (Amendment) Act 1998 is to consist of the number of members not exceeding 5 as is determined by the Convenor of the Medical Panels in each particular case. (4A) Subsection (4) as in force before the commencement of section 27 of the Accident Compensation (Amendment) Act 1998 continues to apply in respect of a panel constituted before that commencement. (5) If a medical practitioner on the list of members has treated or examined or been engaged to treat or examine a worker (otherwise than in his or her capacity as a member of a Medical Panel) he or she must not be a member of a Medical Panel examining the worker. (6) A matter or thing done or omitted to be done by a member of a Medical Panel or the Convenor of the Medical Panels in the exercise of the functions and powers of a member of a Medical Panel or the Convenor does not, if the matter or thing was done or omitted in good faith, subject the member of a Medical Panel or the Convenor of the Medical Panels personally to any action, liability, claim or demand. (6A) A matter or thing done or omitted to be done in the provision of expert advice to a Medical Panel by a consultant engaged for that purpose does not, if the matter or thing was done or omitted in good faith, subject the consultant personally to any action, liability, claim or demand. (7) A member of a Panel is entitled to be paid a remuneration (if any) and the travelling and other allowances specified in the instrument of appointment. (8) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. (9) An instrument of appointment of a member may specify other terms and conditions not inconsistent with the Act. (10) The Authority must appoint such officers and employees as are necessary for the proper functioning of medical panels. Accident Compensation Act 1985 - SECT 63A Advisory functions 63A. Advisory functions (1) The Convenor of the Medical Panels- (a) must advise the Minister in relation to any matter referred to the Convenor by the Minister; and (b) may advise the Minister in relation to the operation and procedures of Medical Panels. (2) The Convenor of the Medical Panels may constitute a Medical Panel consisting of such number of members as the Convenor considers appropriate, for the purpose of providing a report to the Convenor of the Medical Panels in respect of any matter referred to the Convenor of the Medical Panels under subsection (1)(a). Accident Compensation Act 1985 - SECT 64 Term of and removal from office and vacancies 64. Term of and removal from office and vacancies (1) Subject to this Division, a person is on the list of members for the term not exceeding 3 years specified in the instrument of appointment. (2) A member may resign from the list of members by writing signed by the member and delivered to the Minister. (3) The Governor in Council may remove or suspend a member from the list of members if, in the opinion of the Governor in Council, the member- (a) becomes incapable of performing official duties; or (b) neglects to perform those duties. (4) A person ceases to be a member of a Medical Panel- (a) at the expiry of a member's term of office; or (b) if the member resigns; or (c) if the member is removed; or (d) if, as a result of disciplinary or similar action, the member ceases to be entitled to practise as a medical practitioner; or (e) if the member ceases to be a medical practitioner; or (f) if the member becomes bankrupt; or (g) if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence. Accident Compensation Act 1985 - SECT 65 Procedures and powers 65. Procedures and powers (1) A Panel is not bound by rules or practices as to evidence, but may inform itself on any matter relating to a reference in any manner it thinks fit. (2) The Panel must act informally, without regard to technicalities or legal forms and as speedily as a proper consideration of the reference allows. (3) Information given to a Panel cannot be used in any civil or criminal proceedings in any court or tribunal, other than proceedings- (a) before the County Court, the Magistrates' Court or the Tribunal under this Act or the Workers Compensation Act 1958; (b) for an offence against this Act or the Accident Compensation (WorkCover Insurance) Act 1993 or the Workers Compensation Act 1958; (c) for an offence against the Crimes Act 1958 which arises in connection with a claim for compensation under this Act. * * * * * (4) Any attendance of a worker before a Medical Panel must be in private, unless the Medical Panel considers that it is necessary for another person to be present. (5) A Panel may ask a worker- (a) to meet with the Panel and answer questions; (b) to supply copies of all documents in the possession of the worker which relate to the medical question to the Panel; (c) to submit to a medical examination by the Panel or by a member of the Panel. (6) If a Panel so requests and the worker consents, a person who is- (a) a provider of a medical service (within the meaning of paragraph (a) of the definition of medical service in section 5(1)); * * * * * who has examined the worker must- (c) meet with the Panel and answer questions; and (d) supply relevant documents to the Panel. (6A) A person or body referring a medical question to a Medical Panel must submit a document to the Medical Panel specifying- (a) the injury or alleged injury to, or in respect of, which the medical question relates; (b) the facts or questions of fact relevant to the medical question which the person or body is satisfied have been agreed and those facts or questions that are in dispute. (6B) A person or body referring a medical question to a Medical Panel must submit copies of all documents relating to the medical question in the possession of that person or body to the Medical Panel. (7) The Convenor may give directions as to the arrangement of the business of the Panels. (8) The Minister may for the purposes of- (a) ensuring procedural fairness in the procedures of the Medical Panels; and (b) facilitating the proper administration of the Medical Panels- issue guidelines as to the procedures of Medical Panels. (8A) The Minister must consult with the Attorney-General before issuing any guidelines under this section. (9) The Convenor may give directions as to the procedures of the Panels but may not give directions inconsistent with any guidelines issued by the Minister. (10) The Convenor of the Medical Panels and a member of a Medical Panel has in the performance of his or her duties as the Convenor of the Medical Panels or as a member of a Medical Panel the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Accident Compensation Act 1985 - SECT 66 Validity of acts or decisions 66. Validity of acts or decisions An act or decision of a Panel is not invalid by reason only of any defect or irregularity in or in connection with the appointment of a member. Accident Compensation Act 1985 - SECT 67 Examination by a Medical Panel 67. Examination by a Medical Panel (1) The function of a Medical Panel is to give its opinion on any medical question in respect of injuries arising out of, or in the course of or due to the nature of employment before, on or after the commencement of section 10 of the Accident Compensation (WorkCover) Act 1992 referred by a Conciliation Officer or the County Court or the Authority or a self-insurer. (1A) A Medical Panel must give its opinion on a medical question in accordance with this Division. (1B) This Division as amended by section 21 of the Accident Compensation (Miscellaneous Amendment) Act 1997 applies to and in respect of the opinion of a Medical Panel given on a medical question referred to a Medical Panel on or after the commencement of that section. (2) A Conciliation Officer, the County Court, the Authority or a self-insurer may, at any time or from time to time, require any worker- (a) who claims compensation under this Act; or (b) who is in receipt of weekly payments of compensation under this Act- to submit himself or herself for examination by a Medical Panel on a date and at a place arranged by the Convenor of Medical Panels. (3) If- (a) a worker has submitted himself or herself for examination by a medical practitioner in accordance with a requirement of the Authority or self-insurer or has been examined by a medical practitioner selected by the worker; and (b) the Authority or self-insurer or the worker (as the case may be) has furnished the other with a copy of the medical practitioner's report of the examination- the Medical Panel may refuse to proceed with an examination if it is not provided with a copy of the medical practitioner's report of the examination. (4) If a worker unreasonably refuses to comply with section 65(5) or in any way hinders the examination- (a) the worker's rights to recover compensation under this Act with respect to the injury; or (b) the worker's rights to weekly payments- are suspended until the examination has taken place, and when it takes place, any period between the date on which the worker refused to comply with section 65(5) or in any way hindered the examination and the date of the examination shall be taken into account for the purpose of calculating, subject to this Act, a period of time for the purposes of Part IV. * * * * * (5) Any weekly payments which would otherwise be payable during the period of suspension are forfeited. Accident Compensation Act 1985 - SECT 68 Opinions 68. Opinions (1) A Medical Panel must form its opinion on a medical question referred to it within 60 days after the reference is made or such longer period as is agreed by the Conciliation Officer, the County Court, the Authority or self-insurer. (2) The Medical Panel to whom a medical question is so referred must give a certificate as to its opinion. (3) Within seven days after forming its opinion on a medical question referred to it, a Medical Panel must give the relevant Conciliation Officer or the County Court or the Authority or self-insurer its opinion in writing. (4) For the purposes of determining any question or matter, the opinion of a Medical Panel on a medical question referred to the Medical Panel is to be adopted and applied by any court, body or person and must be accepted as final and conclusive by any court, body or person irrespective of who referred the medical question to the Medical Panel or when the medical question was referred. * * * * * _______________ Accident Compensation Act 1985 - PART IV PART IV PAYMENT OF COMPENSATION Division 1-Application Accident Compensation Act 1985 - SECT 80 Entitlement to compensation only if employment connected with Victoria 80. Entitlement to compensation only if employment connected with Victoria (1) There is no entitlement to compensation under this Act other than in respect of employment that is connected with this State. (2) The fact that a worker is outside this State when the injury happens does not prevent an entitlement to compensation arising under this Act in respect of employment that is connected with this State. (3) A worker's employment is connected with- (a) the State in which the worker usually works in that employment; or (b) if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or (c) if no State or no one State is identified by paragraph (a) or (b), the State in which the employer's principal place of business in Australia is located. (4) In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker's employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than one State) the State in which the ship most recently became registered. (5) If no State is identified by subsection (3) or (if applicable) (4), a worker's employment is connected with this State if- (a) a worker is in this State when the injury happens; and (b) there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter. (6) In deciding whether a worker usually works in a State, regard must be had to the worker's work history with the employer over the preceding 12 months and the intentions of the worker and employer. However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months. (7) Subject to subsection (6), in determining whether a worker usually works in a State or is usually based in a State for the purposes of employment, regard must be had to any period during which a worker works in a State or is in a State for the purposes of employment whether or not under the statutory workers compensation scheme of that State the person is regarded as a worker or as working or employed in that State. (8) Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker's employment. (9) In this section- ship means any kind of vessel used in navigation by water, however propelled or moved, and includes- (a) a barge, lighter, or other floating vessel; and (b) an air-cushion vehicle, or other similar craft- used wholly or primarily in navigation by water; State includes Territory and, in a geographical sense, a State's or Territory's relevant adjacent area as described in Schedule 3. Accident Compensation Act 1985 - SECT 81 Application to sailors 81. Application to sailors (1) In this section- port includes place or harbour; sailor means any person working in any capacity on board a ship; ship has the same meaning as in section 80. * * * * * (2) This Act applies with the following modifications in respect of an injury that happens on a ship to a sailor working on the ship where the sailor's employment is connected with Victoria- (a) except where the sailor is the master, the notice of injury and the claim for compensation may be served on the master of the ship as if the master were the employer; (b) if the injury happens and the incapacity commences on board the ship it shall not be necessary to give any notice of injury; (c) a claim for compensation in respect of the death of a sailor shall be made within six months after notice of the death has been received by the claimant; (d) if a ship is lost with all hands a claim for compensation in respect of the death of a sailor shall be made within 18 months after the date on which the ship is deemed under subsection (3) to have been lost with all hands; (e) if a sailor dies without leaving any dependants compensation shall not be payable if the owner or charterer of the ship is liable to pay the expenses of burial or cremation under any Act in force in Victoria; (f) weekly payments shall not be payable for any period during which the owner or charterer of the ship is liable to pay the expenses of maintenance of any injured sailor; (g) notwithstanding any limitation of liability in any other law, compensation shall be paid in full. (3) Without prejudice to any other means of proof available- (a) a ship shall be deemed to have been lost with all hands on board if it is shown by an official return produced out of official custody or other evidence that the ship left a port of departure at least 12 months before the institution of proceedings under this Act and has not been heard of since that departure; and (b) a duplicate agreement or list of the crew of a ship lost with all hands made out and produced by the proper officer out of official custody shall in the absence of proof to the contrary be sufficient evidence that the sailors named were on board at the time the ship was lost. Accident Compensation Act 1985 - SECT 82 Entitlement to compensation 82. Entitlement to compensation (1) If there is caused to a worker an injury arising out of or in the course of any employment, the worker shall be entitled to compensation in accordance with this Act. (2) If there is caused to a worker an injury arising out of or in the course of any employment which results in or materially contributes to the death of the worker, the worker's dependants shall be entitled, subject to this Act, to compensation in accordance with this Act. Note Subsections (1) and (2), as amended by sections 3(3) and 3(4) of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003, only apply to injuries that occur on or after the date of commencement of section 3 of that Act-see section 262. (2A) Compensation is not payable in respect of an injury consisting of an illness or disorder of the mind caused by stress unless the stress did not arise wholly or predominantly from- (a) reasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, redeploy, retrench or dismiss the worker; or (b) a decision of the employer, on reasonable grounds, not to award or to provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with the employment, to the worker; or (c) an expectation of the taking of such action or making of such a decision. (2B) Compensation is not payable in respect of a heart attack injury or stroke injury that arises in the course of, or that was caused by, a disease, unless the worker's employment was a significant contributing factor to the injury or to the disease. (2C) Compensation is not payable in respect of the following injuries unless the worker's employment was a significant contributing factor to the injury- (a) a heart attack injury or stroke injury to which subsection (2B) does not apply; (b) a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment); (c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease. Note Sections 82(2B) and 82(2C) only apply to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 262. (3) If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted, compensation is not payable in respect of that injury. (4) If it is proved that an injury to a worker is attributable to the worker's serious and wilful misconduct (including being under the influence of intoxicating liquor, or a drug within the meaning of the Road Safety Act 1986) compensation shall not be payable in respect of that injury. (4A) In subsection (4), serious and wilful misconduct includes- (a) committing an offence, in respect of driving a motor vehicle, under section 318(1) of the Crimes Act 1958; and (b) committing an offence, in respect of driving a motor vehicle, under section 49(1)(a), (c), (d) or (e) or section 56(7) of the Road Safety Act 1986; and (c) committing an offence, in respect of driving a motor vehicle, under section 49(1)(b), (f) or (g) of the Road Safety Act 1986, if the relevant level of concentration of alcohol in the person's blood was 0×24 grams or more per 100 millilitres of blood or in the person's breath was 0×24 grams or more per 210 litres of exhaled air, as the case requires. (5) Subsection (4) shall not apply if the injury results in death or serious and permanent disablement. (6) Subject to subsections (2B) and (2C), if a worker suffers an injury which occurs by way of a gradual process over time and which is due to the nature of employment in which the worker was employed at any time before notice of the injury was given, the worker or the worker's dependants shall be entitled to compensation under this Act as if the injury were an injury arising out of or in the course of employment. (7) If it is proved that before commencing employment with the employer- (a) a worker had a pre-existing injury or disease of which the worker was aware; and (b) the employer in writing- (i) advised the worker as to the nature of the proposed employment; and (ii) requested the worker to disclose all pre-existing injuries and diseases suffered by the worker of which the worker was aware and could reasonably be expected to foresee could be affected by the nature of the proposed employment; and (iii) advised the worker that subsection (8) will apply to a failure to make such a disclosure or the making of a false or misleading disclosure; and (iv) advised the worker as to the effect of subsection (8) on the worker's entitlement to compensation; and (c) the worker failed to make such a disclosure or made a false or misleading disclosure- subsection (8) applies. (8) If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this Act. (9) If this section operates to prevent a worker or the worker's dependants recovering compensation in respect of an injury, the worker or the worker's dependants cannot rely on this section to claim to be entitled to take any other action or proceedings in respect of the injury whether under this Act or otherwise. Accident Compensation Act 1985 - SECT 83 Out of or in the course of employment 83. Out of or in the course of employment (1) An injury to a worker is deemed to arise out of or in the course of employment for the purposes of section 82(1) and 82(2) if the injury occurs- (a) while the worker on any working day that the worker attended at the place of employment having been present at the place of employment is temporarily absent on that day during any authorised recess and does not during that absence voluntarily subject himself or herself to any abnormal risk of injury; (b) while the worker is, having regard to the nature of the worker's employment or any specific task which may require the worker to travel, travelling for the purposes of the worker's employment; (c) while the worker is in attendance at any school for the purposes of any trade, technical or other training which the worker is required to attend by the terms of his or her employment or as an apprentice or which the worker is expected to attend by the employer; and (d) while the worker is in attendance at any place for the purpose of obtaining a medical certificate, receiving medical, surgical or hospital advice, attention or treatment, receiving a personal and household service or an occupational rehabilitation service or receiving a payment of compensation in connection with any injury for which the worker is entitled to receive compensation or for the purpose of submitting to a medical examination required by or under this Act. (2) For the purposes of this section- (a) place of employment where there is no fixed place of employment includes the whole area, scope or ambit of employment; (b) travelling for the purposes of a worker's employment does not include travelling to and from the worker's place of employment or the places referred to in subsections (1)(c) and (1)(d); (c) an injury incurred while travelling for the purposes of a worker's employment is deemed not to have arisen out of or in the course of any employment if the injury occurred during or after any substantial interruption of or substantial deviation from the worker's journey made for a reason unconnected with his or her employment; (d) an injury is deemed to arise out of or in the course of employment even though at the time that the injury happened the worker was- (i) acting in contravention of any regulation (whether by or under an Act or otherwise) applicable to the work; or (ii) acting without instructions from the employer- if the act was done by the worker for the purposes of and in connection with the employer's trade or business. Accident Compensation Act 1985 - SECT 84 Compensation for workers injured outside Victoria 84. Compensation for workers injured outside Victoria (1) Where an employer who resides or has a place of business in Victoria engages a worker in Victoria and an injury is caused to or suffered by the worker outside Australia in circumstances which had the injury occurred in Victoria would have entitled the worker or the worker's dependants to compensation- (a) the worker; or (b) in the case of the death of the worker, the worker's dependants- shall be entitled to compensation in accordance with this Act. (2) If an injury is caused to or suffered by a worker outside Australia who is employed by the Crown, any administrative unit or any public statutory body constituted by or under the law of Victoria in circumstances which had the injury occurred in Victoria would have entitled the worker or the worker's dependants to compensation- (a) the worker; or (b) in the case of the death of the worker, the worker's dependants- shall be entitled to compensation in accordance with this Act. (3) For the purposes of this Act a worker who- (a) is employed by the Crown, any administrative unit or any public statutory body constituted by or under the law of Victoria; and (b) is directed by the Crown, administrative unit or public statutory body to work for or under the direction of any other person outside Victoria (whether within or outside Australia)- shall be deemed to continue to be employed by the Crown, administrative unit or public statutory body. (4) This section does not apply in respect of an injury caused to or suffered by a worker outside Australia if the worker- (a) has never resided in Australia; or (b) had ceased to reside in Australia at the time the injury occurred. Accident Compensation Act 1985 - SECT 84B Person not to be compensated twice 84B. Person not to be compensated twice (1) Compensation under this Act is not payable in respect of an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia). (2) If a person receives compensation under this Act in respect of an injury and, in respect of the same injury, subsequently receives compensation under the laws of a place other than this State (whether within or outside Australia), the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3). (3) The amount that is recoverable under subsection (2) is- (a) the amount of compensation paid under this Act; or (b) the amount of compensation received under the laws of the place other than this State- whichever is less. Accident Compensation Act 1985 - SECT 85 Entitlement to damages outside Victoria 85. Entitlement to damages outside Victoria (1) This section shall apply where an injury is caused to or suffered by a worker which gives the worker a right of action under the law of any place outside Victoria (whether within or outside Australia) in circumstances which would otherwise have entitled the worker or the worker's dependants to compensation under this Act. (2) Subject to subsection (3), if- (a) damages has not been paid or recovered; and (b) judgment for damages has not been given or entered- in respect of the injury under the law of any place outside Victoria (whether within or outside Australia), the worker or in the case of the death of the worker the worker's dependants shall be entitled to compensation under this Act as if there were no right of action under the law of any place outside Victoria. (3) A person who has a right of action in respect of an injury under the law of any place outside Victoria (whether within or outside Australia) shall not be entitled to claim compensation in respect of the injury under this Act if in respect of the injury under the law of any place outside Victoria- (a) the person has been paid or recovered any amount of damages; (b) judgment for damages has been given or entered; (c) any payment into court has been accepted; (d) there has been a settlement or compromise of any claim; or (e) any action for damages is pending. (4) If- (a) damages has been paid or recovered; or (b) judgment for damages has been given or entered- in respect of the injury under the law of any place outside Victoria (whether within or outside Australia) the worker or in the case of the death of the worker the worker's dependants shall not be entitled to compensation under this Act. (5) The worker or in the case of the death of the worker the worker's dependants shall not be entitled to compensation under this Act if a payment into court has been accepted by the worker or the worker's dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under the law of any place outside Victoria (whether within or outside Australia). (6) If a person- (a) receives compensation under this Act in respect of any injury; and (b) subsequently obtains damages or an award of damages, accepts a payment into court or settles or compromises a claim in respect of the injury under the law of any place outside Victoria (whether within or outside Australia)- the Authority, employer or a self-insurer shall be entitled to recover from that person the amount of compensation paid under this Act or an amount equal to the damages or payment obtained or made, settled or compromised whichever is the lesser amount. (7) Any dispute under subsection (6) shall be determined by a court of competent jurisdiction. (8) Unless a worker produces satisfactory evidence to the contrary, any amount recovered or to be recovered by a worker under the law of any place outside Victoria (whether within or outside Australia) as damages in respect of an injury shall be presumed to be damages for the same injury in respect of which the worker claims compensation or a right of action under this Act. Accident Compensation Act 1985 - SECT 86 Compensation for disease due to employment 86. Compensation for disease due to employment (1) Subject to section 82(2B), if- (a) a worker is suffering from a disease within the meaning of section 5 which incapacitates the worker from earning full wages at the work at which the worker was employed; or (b) the death of a worker is caused or was materially contributed to by any disease- and the disease is due to the nature of any employment in which the worker was employed at any time prior to the date of incapacity, the worker or the worker's dependants shall be entitled to compensation in accordance with this Act as if the disease were an injury. (2) Despite subsection (1), compensation is not payable in respect of a disease to the extent that the disease consists of, is caused by, results in or is associated with a heart attack injury or a stroke injury unless the worker's employment was a significant contributing factor to the disease or to the injury. Note This section in its current form only applies to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 263. Accident Compensation Act 1985 - SECT 87 Proclaimed diseases 87. Proclaimed diseases (1) The Governor in Council, after consultation by the Minister with the Authority, may by proclamation published in the Government Gazette from time to time proclaim diseases in relation to places, processes or occupations for the purpose of this section. (2) Without derogating from section 86, if at the time a claim was made a proclamation under subsection (1) was in force and- (a) the worker has been employed at any place or in any process or occupation proclaimed under subsection (1); and (b) has contracted a disease specified in relation to that place, process or occupation- then the disease shall be deemed to be due to the nature of the employment at such place or in such process or occupation unless the employer or the Authority or a self-insurer, as the case may be, proves to the contrary. (3) A disease contracted by a worker shall be deemed to be a disease specified in a proclamation under subsection (1) in relation to a place, process or occupation if the Authority, self-insurer, a Conciliation Officer or the County Court (as the case requires) is satisfied that the disease contracted is substantially the same disease as the disease specified in the proclamation. Accident Compensation Act 1985 - SECT 88 Compensation for industrial deafness 88. Compensation for industrial deafness (1) Industrial deafness or a proportion of industrial deafness which has occurred in circumstances which do not create any liability to pay compensation under this Act shall be excluded from the assessment of deafness for the purposes of calculating compensation under this section. (2) Compensation for industrial deafness shall be in accordance with this section, section 89 and Division 2. (3) Unless the Authority, self-insurer, a Conciliation Officer, the Medical Panel or the County Court (as the case requires) determines otherwise industrial deafness shall be deemed to have occurred at a constant rate within the total number of years of exposure to industrial noise in employment. (4) Notwithstanding subsection (3), the date of injury shall be deemed to be- (a) the last day of the worker's employment out of which or in the course of which the injury arose; or (b) the date of the claim if the worker is still employed in that employment at the date of the claim. Accident Compensation Act 1985 - SECT 89 Further loss of hearing 89. Further loss of hearing (1) In this section and sections 88, 91 and 98C- Compensation law means this Act, the Workers Compensation Act 1958 or any other workers compensation law of the Commonwealth or a State or Territory of the Commonwealth; further injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior injury; prior hearing loss means a loss of hearing for which a worker has received compensation under a Compensation law for loss of hearing; prior injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing. (2) Subject to subsection (3A), a worker who suffers a further injury shall be entitled to receive in respect of the further injury, in addition to any other compensation payable under section 88, compensation in accordance with section 98C(3A), being compensation referrable to a percentage calculated in accordance with subsection (3) of the amount that would have been payable for a total loss of hearing. (3) The percentage shall be the difference between- (a) the total percentage of the loss of hearing in respect of industrial deafness from which the worker was suffering immediately after the further injury in respect of which the claim is made; and 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). (b) the total percentage of the loss of hearing in respect of industrial deafness immediately after the prior injury or prior hearing loss or in the case of more than one prior injury or prior hearing loss the latest of the prior injuries or prior hearing losses. 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 section 91(3A). (3A) Despite anything to the contrary in this Act, a worker who suffers a further injury is not entitled to compensation under this section or section 98C unless the worker has suffered in total a binaural loss of hearing of at least 10 percent NAL resulting from the further injury and any prior injury or prior hearing loss. (3B) The total percentage referred to in subsection (3)(a) is to be determined in accordance with section 91(4). (3C) The total percentage referred to in subsection (3)(b) is to be determined by reference to- (a) if a percentage has been determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory, that percentage; or (b) in any other case, the percentage which having regard to the medical evidence available is determined to be the equivalent of the percentage that (as nearly as can be estimated) would have been determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. (3D) If a worker disputes the total percentage referred to in subsection (3)(b) as determined in accordance with subsection (3C), the Authority, self-insurer or a court must refer the question of what is the amount of the total percentage referred to in subsection (3)(b) as a medical question to a Medical Panel for an opinion. (4) For the purposes of this section the register kept under section 90 shall be taken into account. * * * * * Accident Compensation Act 1985 - SECT 90 Effect of determination for industrial deafness 90. Effect of determination for industrial deafness (1) A determination for the payment of compensation for industrial deafness which is not reviewed shall be a final determination in respect of the percentage of the diminution of the worker's hearing on the date of the assessment. (2) A determination for the payment of compensation shall state the percentage of diminution of the worker's hearing in respect of industrial deafness at the date of the determination in relation to which the amount of the compensation is assessed. (3) A determination for compensation for industrial deafness shall fully extinguish all rights of the worker to compensation for industrial deafness under section 98, 98C or 98E or under the Workers Compensation Act 1958 up to the date of the determination but shall not prevent the worker from obtaining compensation under section 98, 98C or 98E for further industrial deafness suffered after that date. (4) The Authority shall be advised of any determination for the payment of compensation for industrial deafness. (5) The Authority shall keep a register of determinations for the payment of compensation for industrial deafness notified under subsection (4). Accident Compensation Act 1985 - SECT 91 Assessment of impairment 91. Assessment of impairment (1) In this Part, a reference to the assessment of a degree of impairment in accordance with this section is a reference to an assessment- (a) made in accordance with- (i) the A.M.A Guides as applicable subject to subsections (1A) and (1B); or (ia) the A.M.A Guides as applicable subject to subsections (1A) and (1B) and guidelines in accordance with subsection (6), (6A) or (6B); or (ii) methods prescribed for the purposes of this section- and in accordance with operational guidelines (if any) as to the use of those Guides or methods issued by the Minister; and (b) if the Minister has approved a training course in the application of those Guides or methods, made by a medical practitioner who has successfully completed such a training course. (1A) Despite anything to the contrary in the 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 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 respect of the injury. (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- "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 follow the surgery and irrespective of whether the patient has a favourable or unfavourable response to treatment". (2) In assessing a degree of impairment under subsection (1), regard must not be had to any psychiatric or psychological injury, impairment or symptoms arising as a consequence of, or secondary to, a physical injury. (3) For the purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment, the percentage of the diminution of hearing determined in accordance with subsection (4) is to be converted as follows- (a) if the binaural loss of hearing is less than 10 per cent NAL, the degree of impairment is zero; (b) if the binaural loss of hearing is 10 per cent NAL, the degree of impairment is 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 whole number) given by the formula- 10 + [0.278 (NAL - 10)]- where NAL is the percentage of diminution of hearing determined in accordance with subsection (4). (3AA) 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 from which the worker was suffering immediately after the further injury in respect of which the claim is made, the percentage of the diminution of hearing is to be determined in accordance with subsection (4) and converted in accordance with subsection (3). (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 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 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 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 whole number) given by the formula- 10 + [0×278 (NAL - 10)]- where NAL is the percentage of diminution of hearing determined in accordance with sections 89(3C) and 89(3D). (4) For the purposes of this section and section 89(3)(a), the percentage of diminution of hearing- (a) shall be determined- (i) by a person or class of persons approved; and (ii) in the manner approved- by the Minister; and (b) shall be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. (5) An approval by the Minister for the purposes of subsection (4)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister. (6) For the purposes of assessing the degree of psychiatric impairment the A.M.A Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". (6A) For the purposes of assessing the degree of occupational asthma impairment- (a) the A.M.A Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 5, Tables 8 and 10, there were substituted the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma"; and (b) occupational asthma has the meaning given by the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma". (6B) For the purposes of assessing the degree of infectious occupational diseases impairment- (a) the A.M.A Guides apply, subject to any regulations made for the purposes of this section and subject to the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases"; and (b) infectious occupational disease has the meaning given by the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases". (6C) The guidelines referred to in subsections (6), (6A) and (6B)- (a) must be published by the Authority in the Government Gazette; (b) have effect on the day after the day on which the guidelines are published in the Government Gazette; (c) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Authority in the Government Gazette. (7) For the purposes of section 98C- (a) impairments other than psychiatric impairments resulting from injuries which arose out of the same incident or occurred on the same date are to be assessed together using the combination tables in the A.M.A Guides; (b) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury; (c) impairments from unrelated injuries or causes are to be disregarded in making an assessment; (d) assessments are to specify the whole person values for each chapter of the A.M.A Guides used in the assessment. Note Paragraph (d) only applies in respect of assessments for injuries that occur on or after the date of commencement of section 8 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 264(2). (7A) For the purposes of Subdivision 1 of Division 3A and of section 134AB- (a) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury; and (b) impairments from unrelated injuries or causes are to be disregarded in making an assessment. (7B) Regulations made under this Act may modify the A.M.A Guides. (7C) If a regulation is made under subsection (7B), the A.M.A Guides as modified by the regulation only apply in respect of an injury occurring on or after the date the modification takes effect. (8) In this section A.M.A Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by this Act and any regulations made under this Act. (9) Despite anything to the contrary in the A.M.A Guides, in determining a person's degree of impairment, no number determined under the A.M.A Guides is to be rounded up or down, regardless of whether the number represents an initial, an intermediate, a combined or a final value, unless the rounding is expressly required or permitted by this Act. (10) A number determined under the A.M.A Guides must be rounded to the nearest whole percent. Example A final degree of impairment of 9×5% must be rounded to 10%. A final degree of impairment of 8×4% must be rounded to 8%. Note Section 264(1) sets out the transitional provisions that apply to subsections (9) and (10). Section 255 re-enacts former sections 91(9) and 91(10) (which were transitional provisions in relation to amendments made by the Accident Compensation (Miscellaneous Amendment) Act 1997). (11) This subsection applies if- (a) an assessment is made for the purposes of section 98C of a worker's degree of impairment; and (b) the injury in respect of which the assessment is made occurred before the commencement of section 8 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003; and (c) the degree of impairment is determined to be 8% or 9%. (12) If subsection (11) applies, the degree of impairment may be rounded in accordance with the A.M.A Guides. Division 1A-Determination by courts and recognition of determinations Accident Compensation Act 1985 - SECT 91A Determination of State with which worker's employment is connected in proceedings under this Act 91A. Determination of State with which worker's employment is connected in proceedings under this Act (1) If the question of whether this State is connected with a worker's employment arises in proceedings in a court in relation to a claim for compensation under this Act, that court must- (a) determine the State with which the worker's employment is connected in accordance with section 80; and (b) cause that determination to be entered in the records of the court. (2) Subsection (1) does not apply if there is a determination that is to be recognised under section 91C. Accident Compensation Act 1985 - SECT 91B Determination by County Court of State with which worker's employment is connected 91B. Determination by County Court of State with which worker's employment is connected (1) If a claim for compensation has been made under this Act, a party to the claim may apply to the County Court for a determination of the question of which State is the State with which the worker's employment is connected. (2) The County Court must determine an application under subsection (1) in accordance with section 80 and cause that determination to be entered in the records of the court. (3) An application under subsection (1) is not to be made or heard if there is a determination that is to be recognised under section 91C. Accident Compensation Act 1985 - SECT 91C Recognition of previous determinations 91C. Recognition of previous determinations (1) If a determination of the State with which a worker's employment is connected has been made- (a) by a court of this State under section 91A or 91B; or (b) by a designated court under a provision of a law that corresponds with section 91A or 91B; or (c) by a court of this State or another State in the course of proceedings on a claim for damages- the State so determined is to be recognised for the purposes of this Act as the State with which the worker's employment is connected. (2) This section does not prevent any appeal relating to any such determination of a court. If the determination is altered on appeal, the altered determination is to be recognised under subsection (1). (3) In this section- corresponding law means the provisions of the statutory workers compensation scheme of another State that corresponds with section 80; designated court means- (a) the Supreme Court of a State in which a corresponding law is in force; or (b) a court, tribunal or other decision-making body of a State in which a corresponding law is in force that is declared by the Minister to be a designated court for the purposes of this section by a notice published in the Government Gazette; State includes Territory. Accident Compensation Act 1985 - SECT 91D Determination may be made by consent 91D. Determination may be made by consent In this Division a reference to a determination made by a court or a designated court in a proceeding includes a reference to a determination made by the court with the consent of the parties to the proceeding. Division 2-Benefits Accident Compensation Act 1985 - SECT 92 Compensation for death of a worker 92. Compensation for death of a worker (1A) This section does not apply in respect of a death occurring on or after 12 November 1997. (1) If a worker's death results from or is materially contributed to by an injury which entitles the worker's dependants to compensation, the compensation shall be a sum determined by the County Court21 in accordance with this section. (2) If the worker leaves any dependants wholly or mainly dependent on the worker's earnings the amount of compensation shall be- (a) the sum of $128 420; and (b) the appropriate additional sum specified in Column 2 of the Table to this subsection in the case of each child under the age and having the status specified in Column 1 of that Table who- (i) was wholly or mainly dependent on the earnings of the worker at the time of the death; or (ii) would, but for the incapacity of the worker prior to the worker's death, have been wholly or mainly dependent on the earnings of the worker at the time of death. Column 1 Years of Age Column 2 Amounts of Compensation $ Under 1 24 470 Under 2 22 870 Under 3 21 310 Under 4 19 720 Under 5 18 140 Under 6 16 540 Under 7 14 970 Under 8 13 410 Under 9 11 840 Under 10 10 260 Under 11 8 690 Under 12 7 120 Not under 12 but under 16 5 530 Not under 16 but under 21 (full-time student) 5 530 (3) If the worker does not leave any dependants wholly or mainly dependent on the worker's earnings but leaves any dependants partly dependent upon the worker's earnings, the amount of compensation shall be a sum not exceeding $128 420 which the County Court22 considers is reasonable and appropriate to the injury to those dependants. (4) If the worker being under the age of 21 years at the time of the injury leaves no dependants but immediately before the injury was contributing towards the maintenance of the home of the members of his or her family, the members of his or her family shall be deemed to be dependants of the worker partly dependent on the worker's earnings and the amount of compensation shall be a sum not exceeding $128 420 which the County Court23 considers is reasonable and appropriate to the injury to those dependants. (5) In determining whether a spouse was wholly, mainly or in part dependent on the worker at the time of the death of the worker or other relevant time, no regard shall be had to any money which the spouse had earned or was earning by his or her own personal exertion or to any savings arising from any such earnings. (6) If there are both total and partial dependants, the County Court24 shall determine the amount of compensation payable and shall allot the compensation to the total dependants and to the partial dependants in such proportions as it determines. (7) A claimant is entitled to interest at the prescribed rate on an amount of compensation determined by the County Court25 in accordance with this section in respect of the period beginning on the date the claim for compensation was lodged in accordance with section 103 and ending on the date of the determination. Accident Compensation Act 1985 - SECT 92A Revised compensation for death of worker 92A. Revised compensation for death of worker (1) In this section- child means a person who- (a) is under the age of 16 years; or (b) is 16 years or more but under the age of 21 years and is a full-time student; dependent child means a child, including an orphan child, wholly, mainly or partly dependent on the worker's earnings; dependent partner means a partner wholly or mainly dependent on the worker's earnings; orphan child means a child- (a) who is a child of the worker and whose other parent- (i) was dead before the death of the worker; or (ii) was not, at the time of the death of the worker, a dependent partner of the worker and did not at that time wholly, mainly or in part provide economic support for the child; or (b) who is not a child of the worker and- (i) whose parents were both dead before the worker died; or (ii) neither of whose parents, at the time of the death of the worker, wholly, mainly or in part provided economic support for the child and neither of whom was at that time a dependent partner of the worker; partially dependent partner means a partner who is to any extent dependent on the worker's earnings. (2) In determining, for the purposes of this section, whether a partner was wholly or mainly dependent on the worker's earnings at the time of the death of the worker or other relevant time, no regard shall be had to any money which the partner had earned or was earning by his or her own personal exertion or to any savings arising from any such earnings. (3) If a worker's death results from or is materially contributed to by an injury which entitles the worker's dependants to compensation, compensation under this section is as determined by the County Court in accordance with this section. (4) If the worker leaves a dependent partner, or dependent partners, and no dependent child, the amount of compensation is $250 000 payable to the dependent partner or, if there is more than one, in equal shares to the dependent partners. (5) If the worker leaves no dependent partner and no dependent children other than an orphan child or orphan children, the amount of compensation is $250 000 payable to that orphan child or, if there are 2 or more, in equal shares for those children. (6) If the worker leaves a dependent partner, or dependent partners, and one, and only one, dependent child, the amount of compensation is- (a) $225 000 payable to the dependent partner or, if more than one, in equal shares to the dependent partners; and (b) $25 000 payable to the dependent child. (7) If the worker leaves a dependent partner, or dependent partners, and more than one and not more than 5 dependent children, the amount of compensation is $250 000 payable in the following shares- (a) $12 500 to each dependent child; and (b) the balance to the dependent partner or, if more than one, in equal shares to the dependent partners. (8) If the worker leaves a dependent partner, or dependent partners, and more than 5 dependent children, the amount of compensation is $250 000 payable in the following shares- (a) $187 500 to the dependent partner or, if more than one, in equal shares to the dependent partners; and (b) $62 500 to the dependent children in equal shares. (8A) If the worker does not leave a dependent partner but leaves a dependent child (not being an orphan child) or a dependent child (not being an orphan child) and any other dependent children (including any other orphan children), that dependent child is, or if more than one, each of those dependent children are, entitled to the amount of compensation being such share of a sum not exceeding $250 000 which the County Court considers is reasonable and appropriate to the injury to the dependent child or, if more than one dependent child, to those dependent children. (8B) If the worker leaves- (a) a partially dependent partner or partially dependent partners; and (b) a dependent partner or dependent partners or a dependent child or dependent children or any combination thereof- each of those dependants is entitled to the amount of compensation being such share of a sum not exceeding $250 000 which the County Court considers is reasonable and appropriate to the injury to that dependant. (9) If the worker does not leave any dependent partner, dependent child or partially dependent partner but leaves any other person who is to any extent dependent on the worker's earnings, the amount of compensation is a sum not exceeding $250 000 which the County Court considers is reasonable and appropriate to the injury to that person or, if more than one, to those persons in such shares as the Court determines. (10) If the worker, being under the age of 21 years at the time of the injury, leaves no dependent partner, dependent child or partially dependent partner but, immediately before the injury, was contributing to the maintenance of the home of the members of his or her family, the members of his or her family are deemed to be dependants of the worker partly dependent on the worker's earnings. (11) If, under this section, compensation is payable to a child, the compensation must be paid to a trustee for the child appointed by the County Court to be invested, applied or otherwise dealt with for the benefit of the child as the trustee thinks fit. (12) A claimant is entitled to interest at the prescribed rate on an amount of compensation determined by the County Court in accordance with this section in respect of the period beginning on the date the claim for compensation was lodged in accordance with section 103 and ending on the date of the determination. Accident Compensation Act 1985 - SECT 92B Weekly pensions for dependants of worker who dies 92B. Weekly pensions for dependants of worker who dies (1) Words and expressions defined in section 92A have the same meaning in this section as in that section. (2) In addition to compensation under section 92A, compensation in the form of weekly payments of pension is payable subject to and in accordance with this section. (3) If the worker leaves one, and only one, dependent partner, the partner is entitled to a weekly pension at the rate of- (a) during the first 13 weeks after death- (i) 95 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser; and (b) from the end of the first 13 weeks after the death until the end of 3 years after the death- (i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's pre-injury average weekly earnings or $1130, whichever is the lesser; or (ii) if the worker leaves not more than 5 dependent children who are entitled to a pension under this section and subsection (11) applies, an amount calculated in accordance with the formula- where- N is the number of dependent children so entitled; or (iii) if the worker leaves more than 5 dependent children who are entitled to a pension under this section and subsection (11) applies, $754. (4) If the worker leaves 2 or more dependent partners, each partner is entitled to a weekly pension at the rate of an equal of share of- (a) during the first 13 weeks after death- (i) 95 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser; and (b) from the end of the first 13 weeks after the death until the end of 3 years after the death- (i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's pre-injury average weekly earnings or $1130, whichever is the lesser; or (ii) if the worker leaves not more than 5 dependent children who are entitled to a pension under this section and subsection (11) applies, an amount calculated in accordance with the formula- where- N is the number of dependent children so entitled; or (iii) if the worker leaves more than 5 dependent children who are entitled to a pension under this section and subsection (11) applies, $754. (5) If the worker leaves no dependent child other than one, and only one, orphan child, the orphan child is entitled, subject to this section, to a weekly pension at the rate of- (a) during the first 13 weeks after the death or until the orphan child ceases to be eligible, whichever first occurs- (i) 95 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser; and (b) if still eligible, from the end of the first 13 weeks after the death until the orphan child ceases to be eligible- (i) 50 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser. (6) If the worker leaves no dependent children other than 2 or more orphan children, each such child is entitled, subject to this section, to a weekly pension at the rate of an equal share of- (a) during the first 13 weeks after the death or until the orphan child ceases to be eligible, whichever first occurs- (i) 95 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser; and (b) if still eligible, from the end of the first 13 weeks after the death until the orphan child ceases to be eligible- (i) 50 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser. (7) If the worker leaves not more than 5 dependent children, each such child is entitled, from the end of the first 13 weeks after the death until the child ceases to be eligible, to a weekly pension at the rate of- (a) unless subsection (11) applies, 5 per cent of the worker's pre-injury average weekly earnings; or (b) if subsection (11) applies, an amount calculated in accordance with the formula- where- N is the number of dependent children so entitled. (8) If a worker leaves more than 5 dependent children, each such child is entitled, from the end of the first 13 weeks after the death until the child ceases to be eligible, to a weekly pension at the rate of an equal share of- (a) unless subsection (11) applies, 25 per cent of the worker's pre-injury average weekly earnings; or (b) if subsection (11) applies, $374. (9) A child ceases to be eligible under this section- (a) on attaining the age of 16 years; or (b) if the child is a full-time student on attaining 16 years- (i) on ceasing to be a full-time student; or (ii) at the end of the calendar year in which he or she attains the age of 21 years- whichever first occurs. (10) If the worker's death occurred more than one year after the date of the injury, the pre-injury average weekly earnings of the worker shall be varied in accordance with section 100 as at the first anniversary of the injury as well as in respect of each subsequent anniversary. (11) This subsection applies if the total amount of weekly pensions payable to the dependent partner, dependent partners, and the dependent child, or dependent children, of a worker under- (a) subsections (3)(b) and (7) or (8); or (b) subsections (4)(b) and (7) or (8)- would, but for the application of this subsection, exceed $1130. Accident Compensation Act 1985 - SECT 92C Payment of weekly pensions 92C. Payment of weekly pensions (1) A weekly pension under section 92B must be paid by fortnightly, monthly, quarterly or annual instalments in accordance with this section, as the Authority, employer or self-insurer determines. (2) The first payment of amounts due as weekly pension must be made within 14 days after the amount is determined and subsequent amounts are payable- (a) on the 1st and 15th days of each month; or (b) on the 1st day of each month; or (c) on 1 January, 1 April, 1 July and 1 September in each year; or (d) on 1 July in each year- as the case requires, and must be paid within 7 days. (3) A weekly pension to which a child under the age of 18 is entitled is payable to- (a) the parent of the child who has custody of the child; or (b) if there is no such person, the child's guardian; or (c) if there is no person referred to in paragraph (a) or (b), the person who has day to day care and control of the child and with whom the child is ordinarily resident. (4) A payment of a weekly pension may be made by post by properly addressing, prepaying and posting to the person entitled to the weekly pension a letter containing a cheque for the amount. (5) A payment of a weekly pension in accordance with subsection (4) is deemed to have been made when the letter was posted. (6) The liability to the person entitled to a weekly pension is not satisfied until the person receives the amount. (7) If the Authority, employer or self-insurer fails to make a payment before the end of the period within which it is required by this section to be paid, the Authority, employer or self-insurer must make the payment together with interest calculated at the prescribed rate in respect of the period beginning when the payment was first payable and ending on the day before the payment was made. Accident Compensation Act 1985 - SECT 93 Compensation in weekly payments 93. Compensation in weekly payments If a worker's incapacity for work results from, or is materially contributed to by, an injury which entitles the worker to compensation, the compensation shall be in the form of weekly payments subject to and in accordance with this Part. Accident Compensation Act 1985 - SECT 93A First 26 weeks of incapacity 93A. First 26 weeks of incapacity (1) In this section, the first 26 weeks of incapacity, in relation to a worker, means the period of incapacity for work (whether partial or total, or any combination of partial or total) not exceeding 26 weeks after the worker becomes entitled to weekly payments of compensation in respect of the incapacity and in the case of separate periods of incapacity resulting from the same injury, means a reference to the aggregate of those periods not exceeding 26 weeks. (2) A worker is entitled, subject to and in accordance with this Part, to weekly payments while incapacitated for work during the first 26 weeks of incapacity at whichever of the following rates apply- (a) if the worker is totally incapacitated, the rate of- (i) 95 per cent of the worker's pre-injury average weekly earnings; or (ii) $903- whichever is the lesser; (b) if the worker is partially incapacitated, the rate of- (i) the difference between 95 per cent of the worker's pre-injury average weekly earnings and the worker's notional earnings; or (ii) the difference between $903 and the worker's notional earnings- whichever is the lesser. (3) A worker is entitled to receive weekly payments under this section only if- (a) where subsection (2)(a) applies, the worker- (i) makes every reasonable effort to participate in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment; and (iii) participates in assessments of the worker's incapacity, rehabilitation progress and future employment prospects when requested to do so from time to time by the employer or self-insurer or the Authority; (b) where subsection (2)(b) applies, the worker- (i) participates in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment at the worker's place of employment in co-operation with the employer and the Authority or with the self-insurer (as the case may be); and (iii) where the worker's employer cannot provide suitable employment, makes every effort to return to work in suitable employment at another place of employment; and (iv) participates in assessments of the worker's incapacity, rehabilitation progress and future employment prospects when required by the employer or self-insurer or the Authority. (4) Where a worker does not make reasonable efforts to return to work and in particular does not comply with the requirements of subsection (3) that are applicable in his or her case, the worker's entitlement to further weekly payments in respect of the injury shall cease and determine. Accident Compensation Act 1985 - SECT 93B After 26 weeks incapacity 93B. After 26 weeks incapacity (1) A worker is entitled, subject to and in accordance with this Part, to weekly payments while incapacitated for work (not being a period during the first 26 weeks of incapacity) at whichever of the following rates apply- (a) if the worker has a serious injury, the rate of- (i) the difference between 90 per cent of the worker's pre-injury average weekly earnings and 90 per cent of the worker's notional earnings; or (ii) the difference between $903 and 90 per cent of the worker's notional earnings- whichever is the lesser; (b) if the worker does not have a serious injury but is totally incapacitated, the rate of- (i) 70 per cent of the worker's pre-injury average weekly earnings; or (ii) $903- whichever is the lesser; (c) if the worker does not have a serious injury but is partially incapacitated, the rate of- (i) the difference between 70 per cent of the worker's pre-injury average weekly earnings and 70 per cent of the worker's notional earnings; or (ii) the difference between $953 and 70 per cent of the worker's notional earnings- whichever is the lesser. (2) A worker is entitled to receive weekly payments under this section only if- * * * * * (b) where subsection (1)(a) or (b) applies, the worker- (i) makes every reasonable effort to participate in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment; and (iii) participates in assessments of the worker's incapacity, rehabilitation progress and future employment prospects when requested to do so from time to time by the employer or the Authority or self-insurer; (c) where subsection (1)(c) applies, the worker- (i) participates in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment at the worker's place of employment in co-operation with the employer and the Authority or with the self-insurer (as the case may be); and (iii) where the worker's employer cannot provide suitable employment, makes every effort to return to work in suitable employment at another place of employment; and (iv) participates in assessments of the worker's incapacity, rehabilitation progress and future employment prospects when required by the Authority or self-insurer. (3) The worker's entitlement to weekly payments under this section ceases after the expiry of the entitlement period within the meaning of subsection (3A) unless the worker26- (a) has a serious injury; or (b) is totally and permanently incapacitated. (3A) For the purposes of subsection (3), entitlement period means an aggregate period of 104 weeks (whether consecutive or not) in respect of which a weekly payment has been paid or is payable to the worker27. (4) Where a worker does not make reasonable efforts to return to work and in particular does not comply with the requirements of subsection (2) that are applicable in his or her case, the worker's entitlement to further weekly payments in respect of the injury shall thereupon cease and determine. (5) In this section- serious injury, in relation to a worker, means an injury which entitles the worker to compensation under this Act and in respect of which the worker's degree of impairment, if assessed by the Authority or self-insurer in accordance with section 91, would be 30 per cent or more. Accident Compensation Act 1985 - SECT 93C Sections 93A and 93B-Grandfather provision 93C. Sections 93A and 93B-Grandfather provision (1) On and after 12 November 1997, subject to this section, sections 93A and 93B apply only to a worker who- (a) has before 12 November 1997 given, served or lodged a claim for weekly payments in respect of an injury; and (b) was as at 12 November 1997 entitled, or is on or after 12 November 1997 determined to have been entitled as at 12 November 1997, or would but for the operation of section 96 have been entitled as at 12 November 1997, to weekly payments in accordance with section 93A or 93B. (2) Sections 93CA to 93CC only apply in respect of a claim for weekly payments specified in subsection (1) to the extent necessary to give effect to this section. (2A) The procedure specified in section 93CD applies in respect of a claim for weekly payments specified in subsection (1) as if- (a) subsections (1) to (4) of section 93CD were incorporated in this section with such modifications as are necessary; and (b) in subsections (1) and (3) of section 93CD for "second entitlement period within the meaning of section 93CB(1)" there were substituted "aggregate period of 104 weeks in respect of which a weekly payment has been paid or is payable to the worker". (3) If in accordance with subsection (1), section 93A(2)(a) applies to a worker, the worker is deemed to have no current work capacity until the Authority or self-insurer has reviewed the worker's classification in accordance with this Act as in force on 12 November 1997. (4) If in accordance with subsection (1), section 93A(2)(b) applies to a worker, the worker is deemed to have a current work capacity until the Authority or self-insurer has reviewed the worker's classification in accordance with this Act as in force on 12 November 1997. (5) A worker specified in subsection (3) or (4) is entitled to weekly payments at whichever of the following rates apply- (a) until the expiry of the first 26 weeks of incapacity within the meaning of section 93A- (i) if the worker has no current work capacity, the rate specified in section 93A(2)(a); (ii) if the worker has a current work capacity, the rate specified in section 93A(2)(b); (b) until the expiry of the entitlement period within the meaning of section 93B- (i) if the worker has a serious injury, the rate specified in section 93B(1)(a); (ii) if the worker does not have a serious injury and has no current work capacity, the rate specified in section 93B(1)(b); (iii) if the worker does not have a serious injury and has a current work capacity, the rate specified in section 93B(1)(c); (c) after the expiry of the entitlement period within the meaning of section 93B- (i) if the worker has a serious injury, the rate specified in section 93B(1)(a); (ii) if the worker does not have a serious injury and has no current work capacity and is likely to continue indefinitely to have no current work capacity, the rate specified in section 93B(1)(b); (iii) if the Authority or self-insurer makes a determination in accordance with subsection (2A) that the worker's entitlement to weekly payments does not cease, the rate specified in section 93B(1)(c). (6) If after the expiry of the entitlement period within the meaning of section 93B, a worker specified in subsection (3) or (4) does not satisfy the requirements specified in subsection (5)(c), the worker ceases to be entitled to weekly payments. (7) If in accordance with subsection (1), section 93B(1)(a) applies to a worker, the worker is deemed to remain entitled to weekly payments under that section until the Authority or self-insurer has reviewed the worker's classification in accordance with this Act as in force on 12 November 1997. (8) If, in accordance with subsection (1), section 93B(1)(b) applies to a worker on the basis that the worker is totally and permanently incapacitated, the worker is deemed to have no current work capacity and to be likely to continue indefinitely to have no current work capacity until the Authority or self-insurer has reviewed the worker's classification in accordance with this Act as in force on 12 November 1997. (9) If in accordance with subsection (1), section 93B(1)(b) applies to a worker on the basis that the worker is totally incapacitated, the worker is deemed to have no current work capacity until the Authority or self-insurer has reviewed the worker's classification in accordance with this Act as in force on 12 November 1997. (10) If in accordance with subsection (1), section 93B(1)(c) applies to a worker, the worker is deemed to have a current work capacity until the Authority or self-insurer has reviewed the worker's classification in accordance with this Act as in force on 12 November 1997. (11) A worker specified in subsection (7), (8), (9) or (10) is entitled to weekly payments at whichever of the following rates apply- (a) until the expiry of the entitlement period within the meaning of section 93B- (i) if the worker has a serious injury, the rate specified in section 93B(1)(a); (ii) if the worker does not have a serious injury and has no current work capacity, the rate specified in section 93B(1)(b); (iii) if the worker does not have a serious injury and has a current work capacity, the rate specified in section 93B(1)(c); (b) after the expiry of the entitlement period within the meaning of section 93B- (i) if the worker has a serious injury, the rate specified in section 93B(1)(a); (ii) if the worker does not have a serious injury and has no current work capacity and is likely to continue indefinitely to have no current work capacity, the rate specified in section 93B(1)(b); (iii) if the Authority or self-insurer makes a determination in accordance with subsection (2A) that the worker's entitlement to weekly payments does not cease, the rate specified in section 93B(1)(c). (12) If after the expiry of the entitlement period within the meaning of section 93B, a worker specified in subsection (7), (8), (9) or (10) does not satisfy the requirements specified in subsection (11)(b), the worker ceases to be entitled to weekly payments. (13) A worker to whom section 93B(3) applies is entitled to apply for a settlement under, and in accordance with, Division 3A. (14) Where it is necessary to do so to give effect to this section, this Act applies as if it had not been amended by section 30 of the Accident Compensation (Miscellaneous Amendment) Act 1997. Accident Compensation Act 1985 - SECT 93CA First entitlement period 93CA. First entitlement period (1) In this section the first entitlement period means an aggregate period not exceeding 13 weeks (whether consecutive or not) in respect of which a weekly payment has been paid or is payable to the worker. (2) A worker is entitled, subject to and in accordance with this Part, to weekly payments while incapacitated for work during the first entitlement period at whichever of the following rates apply- (a) if the worker has no current work capacity, the rate of- (i) 95 per cent of the worker's pre-injury average weekly earning; or (ii) $1130- whichever is the lesser; (b) if the worker has a current work capacity, the rate of- (i) the difference between 95 per cent of the worker's pre-injury average weekly earnings and the worker's notional earnings; or (ii) the difference between $1130 and the worker's notional earnings- whichever is the lesser. (3) A worker is entitled to receive weekly payments under this section only if- (a) where subsection (2)(a) applies, the worker- (i) makes every reasonable effort to participate in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment; and (iii) participates in assessments of the worker's capacity, rehabilitation progress and future employment prospects when requested to do so from time to time by the employer or self-insurer or the Authority; (b) where subsection (2)(b) applies, the worker- (i) participates in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment at the worker's place of employment in co-operation with the employer and the Authority or with the self-insurer (as the case may be); and (iii) where the worker's employer cannot provide suitable employment, makes every effort to return to work in suitable employment at another place of employment; and (iv) participates in assessments of the worker's capacity, rehabilitation progress and future employment prospects when required by the employer or self-insurer or the Authority. (4) Where a worker does not make reasonable efforts to return to work and in particular does not comply with the requirements of subsection (3) that are applicable in his or her case, the worker's entitlements to further weekly payments in respect of the injury shall cease and determine. Accident Compensation Act 1985 - SECT 93CB After the first entitlement period and until the expiry of the second entitlement period 93CB. After the first entitlement period and until the expiry of the second entitlement period (1) In this section second entitlement period means an aggregate period of 130 weeks (whether consecutive or not and including the first entitlement period within the meaning of section 93CA(1)) in respect of which a weekly payment has been paid or is payable to the worker. (2) A worker is entitled, subject to and in accordance with this Part, to weekly payments while incapacitated for work (not being a period during the first entitlement period within the meaning of section 93CA(1)) until the expiry of the second entitlement period at whichever of the following rates apply- (a) if the worker has no current work capacity, the rate of- (i) 75 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser; (b) if the worker has a current work capacity, the rate of- (i) the difference between 75 per cent of the worker's pre-injury average weekly earnings and 75 per cent of the worker's notional earnings; or (ii) the difference between $1190 and 75 per cent of the worker's notional earnings- whichever is the lesser; (c) if the worker has a current work capacity but the worker's employer has failed to offer suitable employment, the rate of- (i) 75 per cent of the worker's pre-injury average weekly earnings; or (ii) $1130- whichever is the lesser. (3) A worker is entitled to receive weekly payments under this section only if- (a) where subsection (2)(a) applies, the worker- (i) makes every reasonable effort to participate in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment; and (iii) participates in assessments of the worker's capacity, rehabilitation progress and future employment prospects when requested to do so from time to time by the employer or the Authority or self-insurer; (b) where subsection (2)(b) applies, the worker- (i) participates in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment at the worker's place of employment in co-operation with the employer and the Authority or with the self-insurer (as the case may be); (iii) makes every effort to return to work in suitable employment at another place of employment; and (iv) participates in assessments of the worker's capacity, rehabilitation progress and future employment prospects when required by the Authority or self-insurer; (c) where subsection (2)(c) applies, the worker- (i) participates in an occupational rehabilitation service or a return to work plan; and (ii) makes every reasonable effort to return to work in suitable employment at the worker's place of employment in co-operation with the employer and the Authority or with the self-insurer (as the case may be); and (iii) makes every effort to return to work in suitable employment at another place of employment; and (iv) participates in assessments of the worker's capacity, rehabilitation progress and future employment prospects when required by the Authority or self-insurer. (4) Where a worker does not make reasonable efforts to return to work and in particular does not comply with the requirements of subsection (3) that are applicable in his or her case, the worker's entitlement to further weekly payments in respect of the injury shall thereupon cease and determine. Accident Compensation Act 1985 - SECT 93CC After the expiry of the second entitlement period 93CC. After the expiry of the second entitlement period (1) Subject to section 93CD, a worker's entitlement to weekly payments under this Part ceases after the expiry of the second entitlement period within the meaning of section 93CB(1) unless the worker is assessed by the Authority or self-insurer as- (a) having no current work capacity; and (b) likely to continue indefinitely to have no current work capacity. (2) Subject to and in accordance with this Part, a worker to whom this section applies is entitled to weekly payments at the rate of- (a) 75 per cent of the worker's pre-injury average weekly earnings; or (b) $1130- whichever is the lesser. (3) A worker is entitled to receive weekly payments under this section only if the worker- (a) makes every reasonable effort to participate in an occupational rehabilitation service or a return to work plan; and (b) makes every reasonable effort to return to work in suitable employment; and (c) participates in assessments of the worker's capacity, rehabilitation progress and future employment prospects when requested to do so from time to time by the employer or the Authority or self-insurer. (4) A review of the assessment of a worker under this section may be conducted by the Authority or self-insurer at any time and must be conducted as often as may be reasonably necessary being at least once every 2 years. (5) Where a worker does not make reasonable efforts to return to work and in particular does not comply with the requirements of subsection (3) that are applicable in his or her case, the worker's entitlement to further weekly payments in respect of the injury shall thereupon cease and determine. Accident Compensation Act 1985 - SECT 93CD Application to continue to receive weekly payments after expiry of the second entitlement period 93CD. Application to continue to receive weekly payments after expiry of the second entitlement period (1) A worker who has a current work capacity and is, or has been, entitled to weekly payments under section 93CB or 93CC may apply to the Authority or a self-insurer in accordance with this section for a determination that the worker's entitlement to weekly payments under this Part does not cease after the expiry of the second entitlement period within the meaning of section 93CB(1). (2) An application must be made- (a) if liability to pay the weekly payments lies with the employer (not being a self-insurer or a subsidiary of a self-insurer) or the Authority-to the Authority; or (b) if liability to pay the weekly payments lies with a self-insurer-to the self-insurer. (3) The Authority or self-insurer may determine that the worker's entitlement to weekly payments under this Part does not cease after the expiry of the second entitlement period within the meaning of section 93CB(1), if the Authority or self-insurer is satisfied that- (a) the worker has returned to work (whether in self-employment or other employment) for a period of not less than 15 hours per week and is in receipt of current weekly earnings of at least $132; and (b) because of the injury, the worker is, and is likely to continue indefinitely to be, incapable of undertaking further or additional employment or work which would increase the worker's current weekly earnings. (4) The Authority or self-insurer- (a) must within 90 days of receiving an application under subsection (1), make or refuse to make a determination under subsection (3) and advise the worker in writing of its decision; and (b) must not refuse to make a determination under subsection (3) on the ground that the Authority or self-insurer is not satisfied that subsection (3)(b) applies, unless- (i) the Authority or self-insurer has referred the medical question whether because of the injury, the worker is, and is likely to continue indefinitely to be, incapable of undertaking further or additional employment or work, and if not so incapable, what further or additional employment or work the worker is capable of undertaking for the opinion of a Medical Panel under Division 3 of Part III; and (ii) the opinion of the Medical Panel is that the worker is not so incapable and specifies what further or additional employment or work the worker is capable of undertaking. (5) If the Authority or self-insurer makes a determination under subsection (3), subject to and in accordance with this Part, the worker is entitled to weekly payments at the rate of- (a) the difference between 75 per cent of the worker's pre-injury average weekly earnings and 75 per cent of the worker's current weekly earnings; or (b) the difference between $1190 and 75 per cent of the worker's current weekly earnings- whichever is the lesser. (6) The entitlement to weekly payments under subsection (5) continues until- (a) the Authority or self-insurer ceases to be satisfied as to the matters specified in subsection (3); or (b) the worker otherwise ceases to be entitled to weekly payments. Accident Compensation Act 1985 - SECT 93D Suitable employment 93D. Suitable employment (1) Subject to this section, a reference in this Division to a worker making every reasonable effort to return to work in suitable employment includes any reasonable period during which- (a) the worker is waiting for a response to a request for suitable employment made by the worker and received by the employer; and (b) if the employer's response is that suitable employment may or will be provided at some time, the worker is waiting for suitable employment to commence; and (c) if the employer's response is that suitable employment cannot be provided at some time, the worker is waiting for a response to requests for suitable employment from other employers; and (d) the worker is waiting for the commencement of an occupational rehabilitation service or return to work plan, after approval has been given. (2) A worker must not be treated as making every reasonable effort to return to work in suitable employment for the purposes of this section if the worker- (a) has refused to have an assessment made of the worker's employment prospects; or (b) has refused or failed to take all reasonably necessary steps to obtain suitable employment; or (c) has refused or failed to accept an offer of suitable employment from any person; or (d) has refused or failed to participate in an occupational rehabilitation service or return to work plan. (3) A reference in section 93CA, 93CB or 93CC to suitable employment provided or offered by the worker's employer includes- (a) employment in respect of which- (i) the number of hours each day or week that the worker performs work; or (ii) the range of duties the worker performs- is suitably increased in stages (in accordance with a return to work plan or otherwise); and (b) if the employer does not provide employment involving the performance of work duties-suitable training or vocational re-education provided- (i) by the employer at the workplace or elsewhere; or (ii) by any other person or body under arrangements approved by the employer- but only if the employer pays an appropriate wage or salary to the worker in respect of the time the worker attends the suitable training or vocational re-education. Accident Compensation Act 1985 - SECT 93DA Notional earnings 93DA. Notional earnings (1) For the purposes of assessing the notional earnings of a worker who has a current work capacity, in the calculation of that worker's weekly payments any notional earnings of the worker within the meaning of paragraph (b) of the definition of notional earnings in section 5(1) are not to be taken into account during any period or periods not exceeding in total the second entitlement period within the meaning of section 93CB(1)28 during which the worker is incapacitated for work and in which any of the following circumstances apply- (a) the employer has failed to provide the worker with suitable employment and the worker is complying with the requirements of section 93CA, 93CB or 93CC relating to returning to work in suitable employment; (b) the worker is participating in an occupational rehabilitation service or return to work plan. (2) For the purposes of assessing the notional earnings of a worker who has a serious injury, in the calculation of that worker's weekly payments any notional earnings of the worker within the meaning of paragraph (b) of the definition of notional earnings in section 5(1) are not to be taken into account during any period or periods during which the worker is incapacitated for work and in which any of the following circumstances apply- (a) the employer has failed to provide the worker with suitable employment and the worker is complying with the requirements of section 93A or 93B relating to returning to work in suitable employment; (b) the worker is participating in an occupational rehabilitation service or return to work plan. Accident Compensation Act 1985 - SECT 93E Injury after retirement 93E. Injury after retirement If a worker is injured within the period of 130 weeks before attaining retirement age or after attaining retirement age, the worker is entitled to weekly payments under this Part for not more than the first 130 weeks (whether consecutive or not) of incapacity for work. Accident Compensation Act 1985 - SECT 93EA Compensation for incapacity arising after retirement age 93EA. Compensation for incapacity arising after retirement age (1) This section applies to a worker, not being a worker to whom section 93E applies, if the worker- (a) before retirement age- (i) suffered an injury arising out of or in the course of employment; and (ii) made a claim for compensation in respect of that injury under section 103; and (b) received a weekly payment of compensation in respect of that injury within the period of 10 years before the worker attained retirement age; and (c) after retirement age, became incapacitated for work and the incapacity is a consequence of treatment received after retirement age as an inpatient at a hospital for that injury; and (d) is not entitled to weekly payments only because section 93F applies. (2) If this section applies to a worker, the worker may apply in writing to the Authority or self-insurer for weekly payments in respect of the incapacity payable at the rate specified in section 93CB(2)(a) or 93CB(2)(b). (3) The maximum period of weekly payments payable under this section is 13 weeks. (4) A worker who makes an application in accordance with subsection (2) is entitled to receive weekly payments under this section if- (a) the worker was a worker at the time the incapacity arose; and (b) the incapacity is in respect of the work that the worker was performing immediately before the incapacity arose; and (c) the worker has not ceased to become entitled to weekly payments due to the application of section 93A(4), 93B(3), 93B(4), 93C(6), 93C(12), 93CA(4), 93CB(4), 93CC(1), 93CC(5), 119J(1), 119J(3), 134AB(36) or 135A(18); and (d) the worker has not previously received payment of compensation in respect of the injury under this section. (5) An application under subsection (2) must- (a) specify the reason for the application; and (b) be provided with supporting evidence. (6) Within 28 days of receiving the application, the Authority or self-insurer must- (a) approve or reject the application; and (b) give the worker written notice of its decision, including in the case of rejection, a statement of the reasons for the decision. Accident Compensation Act 1985 - SECT 93F Compensation after retirement 93F. Compensation after retirement Subject to sections 93E and 93EA, a worker is not entitled to weekly payments under this Part after attaining retirement age. * * * * * Accident Compensation Act 1985 - SECT 96 Effect of superannuation pensions and lump sums on weekly payments 96. Effect of superannuation pensions and lump sums on weekly payments (1) The amount of any weekly payment payable to a worker under this Part must be reduced by the weekly amount of- (a) any disability, retirement or superannuation pension received by the worker; and (b) any redundancy or severance payment received by the worker- which relates to the worker's retirement from, or the cessation or termination of, the employment out of, or in the course of which, or due to the nature of which, the injury arose. (2) Except as otherwise provided in subsection (4), if a worker- (a) receives a lump sum amount on termination, by reason of redundancy or severance, of the employment out of, or in the course of which, or due to the nature of which, the injury arose; or (b) receives a superannuation or retirement benefit lump sum amount- (i) that relates to the worker's retirement from, or the cessation or termination of, the employment out of, or in the course of which, or due to the nature of which, the injury arose; and (ii) that is an eligible termination payment for the purposes of the Income Tax Assessment Act 1936 of the Commonwealth- which has not been deposited with a complying superannuation fund or a complying approved deposit fund or used to purchase an eligible annuity within the meaning of section 27A(1) of that Act; or (c) withdraws or redeems any part of the amount or the interest on the amount deposited with a complying superannuation fund or a complying approved deposit fund or used to purchase an eligible annuity within the meaning of section 27A(1) of that Act- the worker is not entitled to weekly payments under this Part during the specified period after the date on which he or she received, withdrew or redeemed the relevant amount or became eligible to receive weekly payments, whichever is the later. (3) The specified period for the purposes of subsection (2) is a number of weeks determined by dividing the amount received, withdrawn or redeemed by the worker's pre-injury average weekly earnings as varied in accordance with section 100. (4) If a worker withdraws or redeems any part of the amount deposited or used under subsection (2) which represents the worker's own contributions for the purpose of an approved capital expenditure within the meaning of subsection (5), subsection (2) does not apply in respect of that withdrawal or redemption. (5) For the purposes of subsection (4) approved capital expenditure means capital expenditure approved by the Authority or by a self-insurer in accordance with guidelines issued by the Authority. Accident Compensation Act 1985 - SECT 96A Notification of entitlement to certain payments 96A. Notification of entitlement to certain payments (1) If a worker who is claiming weekly payments under this Part receives a pension or payment specified in section 96(1) or a lump sum amount specified in section 96(2), the worker must within 14 days of first receiving the pension, payment or lump sum amount give notice in writing to the person from whom weekly payments are being claimed of the nature, source and amount of the pension, payment or lump sum amount. (2) If a worker has received or is receiving a pension or payment specified in section 96(1) or a lump sum amount specified in section 96(2) or has withdrawn or redeemed any part of the amount deposited or used under section 96(2) at the time that the worker makes a claim for the payment of weekly payments under this Part, the worker must give notice in writing of the nature, source and amount of the pension, payment or lump sum amount or of the withdrawal or redemption at the same time that the claim is given, served or lodged. (3) A worker required to give notice in writing under subsection (1) or (2) must within 14 days give notice in writing to the person from whom weekly payments are being claimed if there is any change in the amount of the pension, payment or lump sum amount or if he or she withdraws or redeems any part of the amount deposited or used under section 96(2). (4) If an employer (not being a self-insurer or a subsidiary of a self-insurer) against whom a worker is claiming weekly payments under this Part becomes aware that the worker is, or may be, entitled to a pension or payment specified in section 96(1) or a lump sum amount specified in section 96(2), the employer must within 28 days of becoming so aware give notice in writing to the Authority, of the entitlement. (5) If an employer (not being a self-insurer or a subsidiary of a self-insurer) against whom a worker makes a claim for the payment of weekly payments under this Part is at the time that the worker makes the claim aware that the worker is, or may be, entitled to a pension or payment specified in section 96(1) or a lump sum amount specified in section 96(2), the employer must within 28 days of the making of the claim give notice in writing to the Authority, of the entitlement. (6) A reference in this section to claiming weekly payments includes making a claim, or claiming to be entitled to weekly payments, or receiving weekly payments. (7) A person who fails to comply with this section is guilty of an offence. Penalty: 10 penalty units. Accident Compensation Act 1985 - SECT 97 Provisions relating to the payment of compensation 97. Provisions relating to the payment of compensation (1) Except as provided in section 96, regard shall not be had, in respect of the entitlement to, or amount of, compensation under this Part, to any sum paid or payable- (a) under any contract of assurance or insurance (including a contract made with any friendly or other benefit society or association or any trade union); or (b) out of any relief or sustentation fund or other fund (whether statutory or otherwise) of the like nature; or (c) by way of accident make-up pay under any industrial award or agreement or arrangement. (2) If a worker who is receiving weekly payments ceases to reside in Australia, his or her entitlement to weekly payments ceases unless the worker has before leaving Australia satisfied the Authority or self-insurer that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity. (2AA) If a worker ceases to reside in Australia and subsequently claims to be entitled to the payment of weekly payments, the worker must in addition to establishing his or her entitlement satisfy the Authority or self-insurer that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity. (2A) If a worker who is receiving weekly payments is temporarily absent from Australia, his or her entitlement to weekly payments is limited to a maximum aggregate period of 28 days in respect of any certificate or certificates provided by a medical practitioner outside Australia unless the Authority or self-insurer is satisfied that there are special circumstances which justify the extension of that period for a further period as is specified in the certificate. (3) If the Authority or self-insurer is satisfied that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity, a worker to whom subsection (2) or (2AA) applies is entitled to receive at quarterly intervals the amount of weekly payments accruing due during the preceding quarter if the worker proves in the prescribed manner and at the prescribed intervals- (a) his or her identity; and (b) the continuance of the incapacity in respect of which the weekly payment is made. (4) Compensation under this Act is absolutely inalienable whether by way or in consequence of any sale, assignment, charge, execution, bankruptcy, attachment, legal process or by operation of law or any other means and no claim may be set off against compensation under this Act. (4A) Despite subsection (4), the Authority or self-insurer is entitled to set off against any weekly payments to which a worker is entitled any amount of compensation in the form of weekly payments previously paid to the worker if the worker was not entitled to receive that amount of compensation by virtue of section 96(1) or 96(2) and the worker has failed to give any notice in writing required under section 96A. (4B) Despite subsection (4), the Authority or self-insurer is entitled to set off against any weekly payments to which a worker is entitled the amount awarded to the Authority or self-insurer by an order made by a court under this Act or section 86 of the Sentencing Act 1991 after the worker is convicted, or found guilty, of an offence under this Act or of an offence under the Crimes Act 1958 in connection with a claim for compensation under this Act. (5) A person is not entitled to receive compensation in the form of weekly payments in respect of the same injury under this Act and the Workers Compensation Act 1958. (6) If a worker is entitled to receive weekly payments under the Workers Compensation Act 1958 and under this Act at the same time, the sum of the rate of the weekly payments received under the Workers Compensation Act 1958 and the rate of the weekly payments under this Act must not exceed the maximum rate of weekly payments specified in this Part and the amount of weekly payments payable under this Act is reduced accordingly. (7) A person is not entitled to weekly payments under this Act in respect of any period during which the person serves a sentence of imprisonment (whether imposed under the law of this State or of any other place) in a prison within the meaning of the Corrections Act 1986 or in a prison or similar institution outside Victoria. Accident Compensation Act 1985 - SECT 98 Compensation for maims 98. Compensation for maims (1) A worker who suffers an injury which entitled the worker to compensation is, in respect of an injury mentioned in the Table to this subsection, entitled to compensation equal to- (a) the percentage of $100 300 set out opposite to that injury in the Table; or (b) the assessed percentage of $100 300 within the range set out opposite that injury in the Table- calculated, subject to subsection (2), as at the date of the injury. THE TABLE29 Injury Percentage Total loss of the sight of both eyes 100 Total loss of the sight of an only eye 100 Loss of both hands 100 Loss of both feet 100 Loss of a hand and a foot 100 Permanent brain damage (being an injury which is not or is not wholly an injury otherwise compensable under this Table) 0-100 Total loss of the right arm or of the greater part of the right arm 80 Injury Percentage Total loss of the left arm or of the greater part of the left arm 75 Total loss of the right hand or of five fingers of the right hand, or of the lower part of the right arm 70 Total loss of the same for the left hand and arm 65 Total loss of a leg 75 Total loss of a foot 65 Total loss of the lower part of the leg 70 Total loss of the sight of one eye, together with the serious diminution of the sight of the other eye 75 Total loss of hearing 65 Total loss of the sight of one eye 40 Loss of binocular vision 40 Loss of eyeball (in addition to compensation for loss of sight of an eye) 22 Total loss of power of speech 60 Total loss of sense of taste or smell 17 Total loss of senses of both taste and smell 34 Total loss of sexual organs 47 s. 98 Total loss of both breasts 47 Total loss of one breast 30 Total loss of the thumb of the right hand 30 Total loss of the thumb of the left hand 26 Total loss of the forefinger of the right hand 21 Total loss of the forefinger of the left hand 18 Total loss of two joints of the forefinger of the right hand 16 Total loss of two joints of the forefinger of the left hand 12 Total loss of a joint of the thumb 16 Total loss of the first joint of the forefinger of the right hand 10 Injury Percentage Total loss of the first joint of the forefinger of the left hand 9 Total loss of the first joint of the middle or little or ring finger of either hand 6 Total loss of the middle finger of either hand 12 Total loss of the little or ring finger of either hand 11 Total loss of two joints of the middle finger of either hand 10 Total loss of two joints of the little or ring finger of either hand 9 Total loss of the great toe of either foot 22 Total loss of a joint of the great toe of either foot 10 Total loss of any other toe 6 Total loss of a joint of any other toe 2 s. 98 Partial loss of the sight of both eyes or of an only eye Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens. Partial loss of the sight of one eye Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens. Injury Percentage Partial loss of hearing Such percentage of the maximum amount payable for total loss as is equal to the percentage (being not less than 7) of the diminution of hearing. Quadraplegia, paraplegia or total impairment of the spine 100 Impairment of the back 0-60 Impairment of the neck 0-40 Impairment of the pelvis 0-15 Severe facial disfigurement (being an injury which is not or is not wholly an injury otherwise compensable under this Table) 0-26 Severe bodily disfigurement (being an injury which is not or is not wholly an injury otherwise compensable under this Table) 0-22 For the purposes of this Table- (a) the total loss of a limb, hand, foot, finger, thumb, toe or joint or any part thereof shall be deemed to include the permanent total loss of the use of such limb, hand, foot, finger, thumb, toe, joint or part; (b) where a worker habitually uses the left hand and arm to perform work usually performed by a worker with the right hand and arm the compensation payable for the loss of such left arm or the greater part of the arm or for the total loss of the left hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the left hand shall be such amount as would have been payable for a similar loss in respect of the right arm or the part or parts thereof, but in any such case the compensation for the loss of the right arm or the greater part of that arm or for the total loss of the right hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the right hand shall be such amount as would have been payable for a similar loss in respect of the left arm or the part or parts thereof if the worker did not habitually use the left hand and arm to perform work usually performed by a worker with the right hand and arm; and (c) where, under the heading "Percentage", a range is provided, the highest and lowest percentages shall be reserved for injuries resulting in maximum or minimal impairment; (d) in the case of loss of sexual organs (subject to the maximum percentage of 47 per cent and without limiting compensation for other losses of sexual organs)- (i) the percentage payable for loss of the penis is 47 per cent; (ii) the percentage payable for loss of 1 testicle is 10 per cent; and (iii) the percentage payable for loss of 2 testicles or an only testicle is 47 per cent; (e) the degree of impairment in the case of injuries to the back, neck or pelvis is to be assessed in accordance with section 91. (2) If the compensation payable under this section is for industrial deafness, the amount of compensation shall be calculated- (a) if the date of injury is deemed under section 88 to be the last day of the worker's employment out of which or in the course of which the injury arose-as at that day; or (b) if the date of injury is deemed under section 88 to be the date of the claim-as at the day on which the compensation is determined. (2AA) Compensation is not payable under this section for a loss of hearing unless the percentage of the diminution of hearing determined in accordance with subsection (2AB) is at least 730, 31. (2A) If compensation is payable under this section for a loss of hearing, the percentage of the maximum amount payable for total loss is the percentage of the diminution of hearing determined in accordance with subsection (2AB)32, 33. (2AB) For the purposes of this section, the percentage of diminution of hearing34- (a) shall be determined- (i) by a person or class of persons approved; and (ii) in the manner approved- by the Minister35; and (b) shall be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. (2AC) An approval by the Minister for the purposes of subsection (2AB)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister36. (2B) A determination in accordance with subsection (2A) is conclusive evidence of the loss of hearing37. (3) If a worker suffers on the same occasion more than one of the injuries mentioned in the Table the worker is not in any case entitled to receive as compensation under subsection (1) more than $100 300. (4) If a worker suffers any injury- (a) which as to the major part consists of an injury for which compensation is payable under subsection (1); or (b) which consists of a lesser but substantial degree of any injury for which compensation is payable under subsection (1)- the injury shall be regarded as an injury for which compensation based on the Table shall be payable, and the worker may be awarded as compensation such amount as, having regard to subsection (1), appears to be just and proportionate to the degree of injury suffered. (5) Compensation under this section is not payable after the death of the worker concerned. (6) Compensation under this section is payable only in respect of an injury that arose before 12 November 1997. Accident Compensation Act 1985 - SECT 98A Compensation for pain and suffering 98A. Compensation for pain and suffering (1) A worker who has suffered an injury mentioned in the Table in section 98 (or 2 or more of any such injuries on the same occasion) is entitled to receive by way of compensation for pain and suffering resulting from the injury or all those injuries, in addition to any other compensation under this Act, an amount not exceeding $53 880. (2) This section does not apply if the compensation paid or payable under section 98 for the injury or all those injuries is less than $10 770. (3) The maximum amount of compensation under this section is payable only in a most extreme case and the amount payable in any other case shall be reasonably proportionate to that maximum amount having regard to the degree and duration of pain and suffering and the severity of the injury or injuries. (4) Compensation under this section is not payable after the death of the worker concerned. (5) In this section- pain and suffering means- (a) actual pain; or (b) distress or anxiety- suffered or likely to be suffered by the injured worker, whether resulting from the injury concerned or from any necessary treatment. (6) Compensation under this section is payable only in respect of an injury that arose before 12 November 1997. * * * * * Accident Compensation Act 1985 - SECT 98C Compensation for non-economic loss 98C. Compensation for non-economic loss (1) A worker who suffers an injury which entitled the worker to compensation is, in respect of an injury resulting in permanent impairment as assessed in accordance with section 91, entitled to compensation for non-economic loss calculated in accordance with this section. (2) The amount of the non-economic loss in respect of permanent impairment (other than psychiatric impairment and industrial deafness in respect of a further injury) is to be calculated as at the date of the relevant injury as follows- (a) if the worker's impairment benefit rating is less than 10%-the amount of the non-economic loss is zero; (b) if the worker's impairment benefit rating is a modified whole person impairment (within the meaning of subsection (2A)) and is 10% or more and less than 11%-the amount of the non-economic loss is to be determined in accordance with the formula- $9190 + [(D - 10) × $7820]; Note Paragraph (b) does not apply with respect to injuries that occur before the date of commencement of section 8 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 265. (c) if the worker's impairment benefit rating is not less than 10% and not more than 30% and paragraph (b) does not apply to the worker-the amount of the non-economic loss is to be determined in accordance with the formula- $14 810 + [(D - 10) × $2220]; Note Paragraph (c) does not apply with respect to injuries that occur before the date of commencement of section 8 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 265. (d) if the worker's impairment benefit rating is more than 30% and not more than 70%-the amount of the non-economic loss is to be determined in accordance with the formula- $59 250 + [(D - 30) × $3700]; (e) if the worker's impairment benefit rating is more than 70% and not more than 80%-the amount of the non-economic loss is to be determined in accordance with the formula- $207 460 + [(D - 70) × $14 820]; (f) if the worker's impairment benefit rating is more than 80%-the amount of the non-economic loss is $355 650- where D is the worker's impairment benefit rating expressed as a number. (2A) For the purposes of subsection (2), a worker's impairment benefit rating is- (a) if the worker's degree of impairment consists of, or includes, a whole person impairment assessed in accordance with Chapter 3 of the A.M.A. Guides and that whole person impairment is not less than 5% and not more than 29%, whichever of the following provides the worker with the higher amount for non-economic loss under subsection (2)- (i) the modified whole person impairment set out in column 2 of Schedule 2 opposite the relevant whole person impairment as assessed in accordance with Chapter 3; or (ii) the worker's degree of impairment; or (b) in any other case, the worker's degree of impairment. (3) The amount of the non-economic loss in respect of permanent psychiatric impairment is to be calculated as at the date of the relevant injury as follows- (a) if the worker's degree of impairment is less than 30%-the amount of the non-economic loss is zero; (b) if the worker's degree of impairment is not less than 30% and not more than 50%-the amount of the non-economic loss is to be determined in accordance with the formula- $11 850 + [(D - 30) × $3850]; (c) if the worker's degree of impairment is more than 50% and not more than 70%-the amount of the non-economic loss is to be determined in accordance with the formula- $88 940 + [(D - 50) × $5930]; (d) if the worker's degree of impairment is more than 70% and not more than 80%-the amount of the non-economic loss is to be determined in accordance with the formula- 207 460 + [(D - 70) × $14 820]; (e) if the worker's degree of impairment is more than 80%-the amount of the non-economic loss is $355 650- where D is the worker's degree of impairment expressed as a number. (3A) Despite subsection (1), the amount of non-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- (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- [(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 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 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 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) × $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- [(T - P) × $3700]- where- "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); "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). (4) The amount of the non-economic loss in respect of an injury resulting in the loss of a foetus or of the loss of more than one foetus is $53 270. (5) For the purposes of subsection (4), foetus means the conceptus beyond the sixteenth week of development. (6) If the compensation payable under this section is for industrial deafness, the amount of compensation is to be calculated- (a) if the date of injury is deemed under section 88 to be the last day of the worker's employment out of which or in the course of which the injury arose-as at that day; or (b) if the date of injury is deemed under section 88 to be the date of the claim-as at the day on which the compensation is determined. (7) If a worker suffers on the same occasion more than one injury which entitles the worker to compensation under subsection (1), the worker is not entitled to receive as compensation for non-economic loss more than $355 650. (8) If a worker suffers an injury which entitles the worker to compensation for non-economic loss of more than one kind as specified in subsection (2), (3) or (4), the total amount of compensation for non-economic loss under this section that the worker is entitled to receive cannot exceed $355 650. (9) Where compensation has been paid under this section for an impairment resulting from an injury or under section 98 or 98A in respect of an injury, that compensation must be deducted from any compensation payable under this section in respect of any impairment resulting from an injury consisting of any recurrence, aggravation, acceleration, exacerbation or deterioration of the injury in respect of which compensation has previously been paid under this section or section 98 or 98A. (9A) If compensation has been paid for non-economic loss in respect of a prior injury or prior hearing loss, that prior injury or prior hearing loss must be taken into account in accordance with sections 88, 89, 91 and this section in determining the amount of compensation payable under this section. (10) Compensation under this section is not payable after the death of the worker concerned. Accident Compensation Act 1985 - SECT 98D Payment of Compensation 98D. Payment of Compensation Compensation for non-economic loss calculated under section 98C or 98E is to be paid as a lump sum. Accident Compensation Act 1985 - SECT 98E No Disadvantage-Compensation Table 98E. No Disadvantage-Compensation Table (1) If a worker suffers an injury which entitled the worker to compensation and the injury is a total loss mentioned in the Table to this subsection and the amount of compensation calculated under section 98C is less than the amount payable for total loss specified in the Table in respect of that injury, the worker is entitled to compensation equal to the amount specified in the Table instead of compensation calculated under section 98C. TABLE Injury Total Losses-Minimum Compensation Payable for Total Loss $ Total loss of the sight of both eyes 214 390 Total loss of the sight of an only eye 214 390 Loss of both hands 214 390 Loss of both feet 214 390 Loss of a hand and a foot 214 390 Total loss of the right arm or of the greater part of the right arm 171 500 Total loss of the left arm or of the greater part of the left arm 160 780 Total loss of the right hand or of five fingers of the right hand, or of the lower part of the right arm 150 050 Total loss of the left hand or of five fingers of the left hand, or of the lower part of the left arm 139 360 Total loss of a leg 160 780 Total loss of a foot 139 360 Injury Total Losses-Minimum Compensation Payable for Total Loss $ Total loss of the lower part of the leg 150 050 Total loss of the sight of one eye, together with the serious diminution of the sight of the other eye 160 780 s. 98E Total loss of hearing 139 360 Total loss of the sight of one eye 85 750 Loss of binocular vision 85 750 Loss of eyeball (in addition to compensation for loss of sight of an eye) 47 170 Total loss of power of speech 128 630 Total loss of sense of taste or smell 36 450 Total loss of senses of both taste and smell 72 890 Total loss of male sexual organs 100 770 Total loss of penis 100 770 Total loss of one testicle 21 420 Total loss of two testicles or an only testicle 100 770 Total loss of female sexual organs 100 770 Total loss of both breasts 100 770 Total loss of one breast 64 300 Total loss of the thumb of the right hand 64 300 Total loss of the thumb of the left hand 55 740 Total loss of the forefinger of the right hand 45 030 Total loss of the forefinger of the left hand 38 580 Total loss of two joints of the forefinger of the right hand 34 290 Total loss of two joints of the forefinger of the left hand 25 710 Injury Total Losses-Minimum Compensation Payable for Total Loss $ Total loss of a joint of the thumb 34 290 Total loss of the first joint of the forefinger of the right hand 21 420 Total loss of the first joint of the forefinger of the left hand 19 300 Total loss of the first joint of the middle or little or ring finger of either hand 12 860 Total loss of the middle finger of either hand 25 710 Total loss of the little or ring finger of either hand 23 590 Total loss of two joints of the middle finger of either hand 21 420 Total loss of two joints of the little or ring finger of either hand 19 300 Total loss of the great toe of either foot 47 170 Total loss of a joint of the great toe of either foot 21 420 Total loss of any other toe 12 860 Total loss of a joint of any other toe 4 290 Quadriplegia 214 390 Paraplegia 214 390 Total impairment of the spine 214 390 (2) For the purposes of this Table- (a) the total loss of a limb, hand, foot, finger, thumb, toe or joint or any part thereof shall be deemed to include the permanent total loss of the use of such limb, hand, foot, finger, thumb, toe, joint or part; (b) where a worker habitually uses the left hand and arm to perform work usually performed by a worker with the right hand and the arm, the compensation payable for the loss of such left arm or the greater part of the arm or for the total loss of the left hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the left hand shall be such amount as would have been payable for a similar loss in respect of the right arm or the part or parts thereof, but in any such case the compensation for the loss of the right arm or the greater part of that arm or for the total loss of the right hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the right hand shall be such amount as would have been payable for a similar loss in respect of the left arm or the part or parts thereof if the worker did not habitually use the left hand and arm to perform work usually performed by a worker with the right hand and arm. (3) For the purposes of this section, total loss of hearing- (a) shall be determined- (i) by a person or class of persons approved; and (ii) in the manner approved- by the Minister; and (b) shall be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. (4) An approval by the Minister for the purposes of subsection (3)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister. (5) If a worker suffers on the same occasion more than one of the injuries mentioned in the Table the worker is not in any case entitled to receive as compensation under subsection (1) more than $214 390. (6) Compensation under this section is not payable after the death of the worker concerned. Accident Compensation Act 1985 - SECT 99 Compensation for medical and like services 99. Compensation for medical and like services (1) If there is caused to a worker an injury which entitles a worker to compensation, the Authority or a self-insurer and the employer in respect of the employer's liability under section 125(1)(a)(iii) or 125A(3)(c) shall be liable to pay as compensation- (a) the reasonable costs of the road accident rescue services, medical, hospital, nursing, personal and household, occupational rehabilitation and ambulance services received because of the injury; and (aa) if the injury is a severe injury for which immediate in-patient treatment in a hospital is received or where death results from the injury, the reasonable costs incurred in Australia of family counselling services provided to family members by- (i) a medical practitioner; or (ii) a registered psychologist; or (iii) a social worker approved by the Authority to provide counselling services for the purposes of this section- not exceeding $5000 in respect of that severe injury or death; and (b) the reasonable costs of burial or cremation where death results from the injury- which shall be in addition to any other compensation payable under this Act. (1A) In subsection (1)(aa)- family member means a partner, parent, sibling or child of the worker or of the worker's partner; parent of a worker includes a person who has day to day care and control of the worker; severe injury means- (a) paraplegia; (b) quadriplegia; (c) amputation of a limb; (d) amputation of a hand or foot; (e) severe head injury; (f) severe eye injury; (g) separation of a worker's skin from an underlying tissue (such as de-gloving or scalping); (h) severe burns; (i) severe lacerations; (j) severe injuries arising out of an electric shock; (k) any other work related injury giving rise to an imminent risk of death. * * * * * (2) In subsections (1), (5A), (5D) and (5E), reasonable costs, in relation to a service (including modification of a car or home), burial or cremation means an amount- (a) that is determined by the Authority, employer or self-insurer as a reasonable amount in relation to that service, burial or cremation; and (b) that does not exceed the amount (if any) specified in, or an amount determined in accordance with a method specified in, an Order of the Governor in Council made on the recommendation of the Authority and published in the Government Gazette, as the maximum amount of costs payable in respect of a service of that kind or a burial or cremation and which maximum amount in the case of a service must not be less than the amount of the fee specified in a Table within the meaning of the Health Insurance Act 1973 of the Commonwealth applicable in respect of a service of that kind provided in Victoria; and (c) that is determined by the Authority, employer or self-insurer as a reasonable cost of the service, burial or cremation having regard to- (i) the service or provision actually rendered; and (ii) the necessity of the service or provision in the circumstances; and (iii) any guidelines issued by the Authority in respect of services or provision of that kind. (2A) Guidelines issued by the Authority for the purposes of subsection (2)(c) apply in relation to the cost of a service provided or a burial or cremation carried out after the issue of the Guidelines, irrespective of the date of the injury. (2B) Notwithstanding anything to the contrary in this section, unless subsection (2D) or (2E) applies, the Authority, employer or self-insurer is not liable to pay as compensation the costs of any service or of burial or cremation specified in subsection (1) which is provided or carried out outside Australia, unless the worker or claimant obtained the approval of the Authority, employer or self-insurer before the service or burial or cremation specified in subsection (1) was provided or carried out. (2C) In determining whether to approve the provision or carrying out of a service or burial or cremation specified in subsection (1) for the purposes of subsection (2B), the Authority, employer or self-insurer must have regard to the matters specified in subsection (2)(c) and to subsections (12), (13) and (14). (2D) Subsection (2B) does not apply if the worker or claimant satisfies the Authority, employer or self-insurer that because of an emergency situation- (a) it was necessary to immediately provide or carry out a service or burial or cremation specified in subsection (1); and (b) it was not reasonably practicable to first obtain approval. (2E) In the case of a worker who resides outside Australia, the Authority, employer or self-insurer may for the purposes of subsection (2B) give a general approval specifying a class or classes of services, burials or cremations. (2F) The requirement imposed by subsection (2B) is in addition to any other relevant requirements under this section. (3) A worker shall be entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer as the case may be offers or provides a service to the worker for the worker's use. (3A) A worker is entitled to receive occupational rehabilitation services referred to in subsection (1) from- (a) a provider of occupational rehabilitation services chosen by the worker from a list of approved providers of those services nominated by the Authority, employer or self-insurer in accordance with subsection (3B); or (b) if the Authority, employer or self-insurer does not nominate a list of approved providers of those services for the purposes of this subsection, from an approved provider of those services of the worker's choice. (3B) A list of providers of occupational rehabilitation services referred to in subsection (1) must consist of the names of not less than 3 approved providers of those services nominated by the Authority, employer or self-insurer having regard as far as is possible to- (a) the type of injury the worker has suffered; (b) the type of occupational rehabilitation services required; (c) where the worker resides; (d) where the provider is requested by the Authority, self-insurer or employer to provide the services. (3C) If 3 approved providers of particular occupational rehabilitation services are not available, it is sufficient compliance with subsection (3B) if the list consists of the names of the available approved provider or providers of those occupational rehabilitation services. (3D) If- (a) the Authority, employer or self-insurer offers occupational rehabilitation services from an approved provider of occupational rehabilitation services chosen by the worker from a list of providers of those services nominated by the Authority, employer or self-insurer in accordance with subsection (3B) or (3C); and (b) the worker does not choose an approved provider of those occupational rehabilitation services within 14 days of the offer of occupational rehabilitation services- the occupational rehabilitation services will be offered or provided to the worker by an approved provider of occupational rehabilitation services nominated by the Authority, employer or self-insurer in accordance with subsection (3B). (4) If a worker receives services from an employer who has made adequate arrangements to provide workers in the employer's employment with gratuitous medical, hospital, nursing, ambulance or personal and household, occupational rehabilitation services, the employer shall to the extent of the value of the services be deemed to have discharged any liability of the employer under section 125(1)(a)(iii) or 125A(3)(c). (5) If the employer is not a self-insurer and the value of the services provided under subsection (4) exceeds $506 the employer may claim the amount by which the value of the services exceeds $506 from the Authority. (5A) If a worker, as a result of his or her injury, reasonably requires a car used by him or her in Australia to be modified, the Authority is liable- (a) to pay the reasonable costs of modifying the car; or (b) if the car is not capable of being modified, to contribute a reasonable amount to the purchase cost of a suitably modified car selected by the Authority. (5B) If a worker, as a result of his or her injury, reasonably requires access to a car, and he or she does not have access to a car, the Authority is liable to contribute a reasonable amount to the purchase cost of a suitable car selected by the Authority. (5C) Without limiting the factors the Authority may consider in determining what is a reasonable amount for the purposes of subsections (5A)(b) and (5B), the Authority must have regard to any of the following factors that are applicable- (a) the market value now of the car used by the worker at the time of the injury; (b) if that car is no longer used by the worker, the market value of the car at the time of the injury; (c) how often the worker was using a car at the time of the injury; (d) how often the worker will, or is likely to, use a car in future; (e) the market value of any other car that the worker uses. (5D) If a worker, as a result of his or her injury, reasonably requires that a home in which he or she resides in Australia be modified, the Authority is liable- (a) to pay the reasonable costs of modifying the home; or (b) if for any reason the home cannot be reasonably modified, to contribute a reasonable amount- (i) to the purchase costs of a semi-detachable portable unit; or (ii) to the costs of relocating the worker to another home that is suitable for the worker or that is capable of being reasonably modified. (5E) Without limiting the factors the Authority may consider in determining the reasonable costs or amount for the purposes of subsection (5D), the Authority must have regard to the following factors- (a) whether the home in which the worker resides is structurally suitable for modification; (b) the nature of the worker's injuries; (c) how those injuries restrict, or are likely to restrict, the worker's ability- (i) to enter and leave the home in which the worker resides; and (ii) to move about the home for necessary purposes; (d) the extent of the modifications that will be needed to address those restrictions or likely restrictions; (e) any complex, unique or unusual circumstances associated with those modifications; (f) whether the cost of those modifications is likely to exceed the value of the home in which the worker resides. (5F) If a worker moves from a home that has modifications to which the Authority made a contribution, in assessing whether to make a payment in respect of modifications to the worker's new home, the Authority must have regard to the appropriateness of that home for modification, having regard to all relevant circumstances, with respect to the modifications that are needed. (5G) The Authority must not make a payment or contribution under subsection (5A), (5B) or (5D) which exceeds $10 000 or a greater amount as may be prescribed, unless the worker enters into an agreement with the Authority in relation to the ownership of, and maintenance of modifications to, the car, home or semi-detachable portable unit. (5H) Without limiting what may be included in an agreement under subsection (5G), the agreement must include provisions in respect of- (a) subsequent modifications; (b) changes of ownership; (c) the frequency of modifications and changes of ownership. (6) A payment of compensation under this section shall be made to the person lawfully entitled to payment of the costs specified in subsection (1). (7) If the liability to the person lawfully entitled to payment of the costs specified in subsection (1) has already been discharged in whole or in part by a payment by the worker or any other person whether legally liable to make the payment or not, the amount by which the liability has been so discharged shall be paid to the worker or other person who made the payment. (8) If a worker or a worker's dependants is or are entitled to any of the services (including burial or cremation) specified in subsection (1) free of charge or at a reduced rate or charge because the worker entered into any prior contract, agreement or arrangement or was a contributor or subscriber to any institution, fund or scheme, the payment in respect of those services shall not be reduced but after payment of the amount, if any, actually owing to the person lawfully entitled to payment the balance of the reasonable cost shall be paid to the worker or the worker's dependants. (9) The payment of the whole of the reasonable costs of any service or of burial or cremation specified in subsection (1) shall wholly and finally discharge the worker or the worker's dependants and any other person from all liability whatsoever in respect of those costs. (10) No action, suit or other proceeding against a worker or the legal personal representative of a worker or a dependant of a worker for the payment or recovery of any costs which the Authority, a self-insurer or an employer is liable to pay under this section shall be entertained by any court. (11) Subject to subsection (13), if weekly payments are payable, compensation under this section ceases after 52 weeks after the entitlement to weekly payments ceases, unless subsection (14) applies. (12) Subject to subsection (13), if compensation is payable only under this section, compensation under this section ceases after 52 weeks after the entitlement arises, unless subsection (14) applies. (13) If a worker receives a settlement or award of pecuniary loss damages within the meaning of section 134AB or 135A of this Act or section 93 of the Transport Accident Act 1986 or accepts a voluntary settlement of weekly payments under Division 3A of Part IV of this Act in respect of an injury, the worker is entitled, subject to this Act, to continue to receive compensation under this section. (14) Compensation under this section does not cease if- (a) the worker has returned to work but- (i) could not remain at work if a service under subsection (1) was not provided; or (ii) surgery is required for the worker; or (iii) the worker has a serious injury within the meaning of section 93B(5); or (b) the worker requires modification of a prosthesis; or (c) the service provided under subsection (1) is essential to ensuring that the worker's health or ability to undertake the necessary activities of daily living does not significantly deteriorate. (15) Nothing in this section renders the Authority, a self-insurer or the employer liable to pay as compensation the cost of the provision to, or for, a worker of any of the following things unless the provision of a particular thing to the worker is a medical service, or a hospital service, provided as a result of the injury- (a) accommodation (including accommodation-related costs such as rent, bonds, rates, accommodation costs levied in accordance with Commonwealth legislation, capital contributions and costs associated with the buying or selling of property, but not including contributions or costs for which the Authority is liable under subsection (5D)); (b) food or household or personal items; (c) power, water or any other service provided by a utility; (d) room temperature controls; (e) any other thing specified by the regulations for the purposes of this subsection. (16) Subsection (15) does not apply in the case of a person who is under 18 years of age and who, as a result of his or her injury, is unable to reside at the place that he or she resided at before he or she was injured. (16A) Subsection (15) also does not apply to a person while the person is receiving respite care as a result of the injury. (17) Subsection (15) also does not apply to a person- (a) who receives a hospital service as a result of an injury; and (b) who is then discharged from hospital; and (c) who then resides in a nursing home, aged person's hostel, group home or facility approved by the Authority, supported residential service, residential care service or state-funded residential care service- during the first 18 months after the person is first discharged from hospital. (18) For the purposes of subsection (17)- (a) a person can only be "first" discharged once from hospital in relation to a particular injury; and (b) it does not matter if, during the relevant period, the person changes accommodation, or does not live continuously in accommodation of the sort listed in subsection (17)(c) (although in this latter case subsection (17) only applies to the person while he or she is living in accommodation of that sort); and (c) the 18 month period referred to in subsection (17) is to be extended by the addition of any period during which a person is in a hospital receiving a hospital service after he or she is first discharged from hospital. Note Subsections (15) to (18) only apply to claims for compensation under this section made after the date of commencement of section 4 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003-see section 266(1). Also, those subsections do not apply to workers who had been injured before that date until the expiry of 18 months after that date-see section 266(2). Accident Compensation Act 1985 - SECT 99AAA Co-ordinated care programs 99AAA. Co-ordinated care programs (1) The Authority or a self-insurer may, in accordance with guidelines issued by the Authority, by notice in writing given to a worker with an injury which entitles the worker to compensation, require the worker to submit a proposal in writing for a co-ordinated care program to the Authority or self-insurer within a period specified in the notice but not less than 28 days after the notice was given. (2) The proposal under subsection (1)- (a) must be prepared by a medical practitioner nominated by the worker; (b) must specify the medical, hospital, nursing, personal and household, occupational rehabilitation and ambulance services that the medical practitioner considers are required by the worker because of the injury; (c) must specify such details as the Authority or self-insurer requests of the type and extent of those services, or frequency of their provision, or as are necessary to define the proposal; (d) may, subject to section 99(3A)(a), specify the provider or providers who are to provide those services. (3) If a worker does not comply with a requirement under subsections (1) and (2), the Authority or self-insurer may appoint a medical practitioner to prepare a proposal in writing for a co-ordinated care program which- (a) specifies the medical, hospital, nursing, personal and household, occupational rehabilitation and ambulance services that the medical practitioner considers are required by the worker because of the injury; and (b) specifies such details as the Authority or self-insurer requests of the type and extent of those services, or frequency of their provision, or as are necessary to define the proposal; (c) if the medical practitioner so determines, may, subject to section 99(3A)(a), specify the provider or providers who are to provide those services. (4) A proposal under subsection (3) must be submitted by the medical practitioner to the Authority or self-insurer within the period specified by the Authority or self-insurer when the medical practitioner was appointed. (5) For the purposes of preparing a proposal under subsection (3), the medical practitioner- (a) may require the worker to submit to examinations by the medical practitioner; and (b) may require the worker and any provider of a medical, hospital, nursing, personal and household or occupational rehabilitation service to the worker to provide to the medical practitioner relevant information and documents. (6) If- (a) a worker unreasonably fails to submit to, or unreasonably obstructs, an examination by a medical practitioner appointed under subsection (3); or (b) a worker or provider of a service unreasonably fails to comply with a requirement of such a medical practitioner under subsection (5)(b)- the Authority, employer or self-insurer is not liable to pay compensation under section 99 in respect of services received by the worker because of the relevant injury, being services provided after the failure or obstruction and before the examination takes place or after the making of the requirement and before it is met. (7) The Authority or self-insurer must determine whether to approve, or refuse to approve, a proposal for a co-ordinated care program submitted under this section and must give notice in writing to the worker of its determination. (8) The Authority or self-insurer must not make a determination under subsection (7) to refuse to approve a proposal under subsection (1) unless- (a) the Authority or self-insurer has referred the proposal to a medical practitioner (other than the medical practitioner who prepared the proposal or a medical practitioner who is employed by the Authority or self-insurer (as the case requires)); and (b) that medical practitioner, after consultation with the medical practitioner who prepared the proposal, has made a recommendation that a determination should be made to refuse to approve the proposal. (9) If the Authority or self-insurer refuses to approve a proposal under subsection (1), the Authority, employer or self-insurer is not liable to pay compensation under section 99 in respect of a service received by the worker because of the relevant injury, being a service provided after the refusal and, if a later proposal for a co-ordinated care program for that worker in respect of that injury is approved, before that approval. (10) If the Authority or self-insurer approves a proposal for a co-ordinated care program, the Authority, employer or self-insurer is not liable to pay compensation under section 99 in respect of a service provided to the worker on or after the date of that approval in respect of the injury (whether the injury occurred before or after the commencement of section 17 of the Accident Compensation (Further Amendment) Act 1996) unless the service is provided in accordance with the program. (11) The Authority or self-insurer, on its own motion, or on the application of the worker- (a) may approve an alteration of a co-ordinated care program approved under this section if satisfied that the alteration is necessary to improve the care and treatment provided to the worker by the services; (b) may cancel the co-ordinated care program if satisfied that services are no longer required to be provided to the worker in respect of the injury in accordance with the program. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Accident Compensation Act 1985 - SECT 99A Commission or self-insurer may pay for rehabilitation service 99A. Commission or self-insurer may pay for rehabilitation service (1) The Authority, employer or a self-insurer may pay the reasonable costs of an occupational rehabilitation service provided to a worker whether or not the entitlement of the worker to compensation under this Act has been established. (2) Where the Authority, employer or a self-insurer agrees to pay amounts under this section it must give the worker reasonable notice before discontinuing payments in respect of the occupational rehabilitation service. * * * * * Accident Compensation Act 1985 - SECT 100 Indexation 100. Indexation (1) An amount to which this Part applies shall be varied, in respect of the financial year beginning on 1 July 1990 and each subsequent financial year, in accordance with the formula38- where- A is the amount or rate or that amount or rate as last varied in accordance with this subsection. B is the latest average weekly earnings as at 30 May in the preceding financial year of all employees for Victoria published by the Australian Statistician in respect of the December quarter of that financial year or, if that is not available, the latest available quarter. C is the average weekly earnings of all employees for Victoria as at 30 May in the year preceding the preceding financial year published by the Australian Statistician in respect of the quarter preceding that 30 May corresponding to the quarter referred to above. (2) Subject to subsections (3) and (5), the amount of a weekly payment to a worker in respect of an injury under this Part shall be varied, in respect of each year beginning on the anniversary of the day on which the worker became entitled to weekly payments in respect of that injury, by varying the amount of the worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly payment in accordance with the formula- where- D is the amount of the worker's pre-injury average weekly earnings within the meaning of section 5A or that amount as last varied in accordance with this subsection. E is the latest average weekly earnings as at the 15th day of the month (the relevant month) preceding the month in which the anniversary falls of all employees in Victoria published by the Australian Statistician in respect of the latest available quarter before that anniversary. F is the average weekly earnings of all employees for Victoria as at the 15th day of the relevant month in the year preceding the year in which that anniversary falls published by the Australian Statistician in respect of the quarter before that relevant month corresponding to the quarter referred to above. (2A) An amount specified in subsection (2B) shall be varied, in respect of the financial year beginning on 1 July 1998 and each subsequent financial year, in accordance with the formula- where- D is the amount specified in subsection (2B); 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 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 in respect of the December quarter preceding that 15 June. (2B) The specified amounts for the purposes of subsection (2A) are any amount of dollars referred to in the following sections- * * * * * (b) section 98C; (c) section 98D; (d) section 99, other than subsections (1)(aa) and (5G); (e) section 125(1)(a)(iii); (f) section 125A(3)(c); (g) section 135A(7)(b). (2BA) The amount of $5000 referred to in section 99(1)(aa) must be varied, in respect of the financial year beginning on 1 July 2008 and each subsequent financial year, in accordance with the formula- where- D is the amount of $5000 referred to in section 99(1)(aa). 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 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 in respect of the December quarter preceding that 15 June. (2C) An amount specified in subsection (2D) shall be varied, in respect of the financial year beginning on 1 July 2007 and each subsequent financial year, in accordance with the formula- where- D is the amount specified in subsection (2D); 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 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 in respect of the December quarter preceding that 15 June. (2D) The specified amounts for the purposes of subsection (2C) are any amounts of dollars referred to in section 92A. (3) A variation of an amount of a worker's pre-injury average weekly earnings under this section does not take effect to the extent (if any) to which it increases that amount to more than 100 per cent of the weekly earnings (calculated at the worker's ordinary time rate of pay for the worker's normal number of hours before the injury within the meaning of section 5A) to which the worker would be entitled if he or she were employed in the same position or positions (if it or they can be identified) as he or she was employed in immediately before the injury (being the position or positions on the basis of which the calculation of the worker's pre-injury average weekly earnings within the meaning of section 5A is made). (3A) If the variation of an amount to which this Part applies or which is specified in subsection (2B) or (2D) by operation of this section has the effect of reducing the amount- (a) the variation is deemed not to have taken effect, except for the purposes of the application of this section; and (b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year, that variation has effect as an increase only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase. (4) Where it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole number, the amount shall be deemed to have been calculated in accordance with this section if the calculation is made- (a) if the amount is less than $1000, to the nearest whole $1; or (b) if the amount is $1000 or more, to the nearest whole $10. (5) In the case of a worker who became entitled to weekly payments before the commencement of section 10 of the Accident Compensation (General Amendment) Act 1989, the anniversary of the day on which the worker became so entitled is deemed, for the purposes of this section, to be 1 July. (6) In this section, amount to which this Part applies means an amount in dollars (including the amount referred to in section 135(3A) as in force before the commencement of section 46 of the Accident Compensation (WorkCover) Act 1992 or an amount referred to in section 135A(7) or 135C(2)) or a rate referred to in this Part or in section 5A but does not include- (a) a percentage; or (b) an amount referred to in subsection (2), (2A), (2B), (2C), (2D) or (4); or * * * * * (c) an amount calculated for the purposes of section 94(6); or (d) the amount referred to in section 137(2)(c). * * * * * Division 3-Claims management and procedures Accident Compensation Act 1985 - SECT 101 Employer to keep register of injuries etc. 101. Employer to keep register of injuries etc. (1) The employer must cause to be kept at each workplace of a kind specified by the Authority at a place readily accessible at all reasonable times to a worker employed in the workplace a summary in a form approved by the Authority of- (a) the requirements relating to the giving of notice of an injury and the making of a claim under this Act; and (b) if an authorised agent is responsible for managing claims under the Act against the employer, the name of the authorised agent; and (c) the benefits available to workers under this Act. (2) The employer must cause to be kept a register of injuries in a form approved by the Authority at each workplace of a kind specified by the Authority at a place readily accessible at all reasonable times to a worker employed in the work place or any person acting on a worker's behalf. (3) A worker or any person acting on the worker's behalf may enter such particulars of injury as are specified by the Authority in the register of injuries. (4) On receiving notice of an injury (otherwise than as specified in section 102(3)) an employer must cause the specified particulars of the injury to be entered in the register. Accident Compensation Act 1985 - SECT 102 Notice of injury 102. Notice of injury (1) Notice of an injury that may entitle a person to compensation under this Act must be given by the person to the employer within 30 days after the person becomes aware of the injury. (2) Notice of an injury must- (a) be given in a manner and form approved by the Authority; and (b) include such particulars as are required by the Authority. (3) Notice of an injury is deemed to have been given to an employer if the particulars of the injury as required under section 101(3) are entered in the register of injuries. (4) The employer must acknowledge in writing the giving of notice of an injury. (5) Subject to subsection (6), a person is not entitled to recover compensation under this Act unless notice of the injury has been given to the employer within the time specified in subsection (1). (6) The Authority or self-insurer may waive or extend the time limit specified in subsection (1), if the Authority or self-insurer is satisfied that- (a) it was not reasonably practicable for the person, or another person on his or her behalf, to have given notice in accordance with subsection (1); or (b) the failure to give notice of the injury in accordance with the time limit specified in subsection (1) did not unfairly prejudice the employer; or (c) to rely on subsection (5) would result in a serious injustice to the person. (7) Without limiting the generality of subsection (6)(a), it is to be taken not to have been reasonably practicable to give notice of the injury in accordance with the time limit specified in subsection (1) if the failure to give notice was due to- (i) ignorance or a mistake; or (ii) undue influence or duress; or (iii) being absent from Victoria. Accident Compensation Act 1985 - SECT 103 Claim for compensation 103. Claim for compensation (1) A claim for compensation must- (a) be in a form approved by the Authority in respect of that type or class of claim; and (b) unless the claim is for compensation under section 92, 92A, 92B, 98, 98A, 98C or 99, be accompanied by a certificate under section 105; and (c) subject to section 106 and Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993, be given to or served on the employer; and (d) include an authority signed by the claimant authorising a provider of a medical service or hospital service to the claimant in connection with the injury to which the claim relates to give the Authority, self-insurer, employer or Conciliation Officer information regarding the service relevant to the claim. (1A) The employer must as soon as is reasonably practicable give the worker acknowledgement in writing that a claim for compensation given to or served on the employer has been received. (1B) A worker may notify the Authority that a claim for weekly payments has been given or served on the employer by lodging with the Authority- (a) a copy of the claim for weekly payments signed and dated by the worker; and (b) a copy of the certificate under section 103(1)(b). (2) A claim for compensation which contains a material defect, omission or irregularity is deemed not to have been made if within 14 days of the claim being given, served or lodged the claim is returned to the claimant with a notice under subsection (3). (3) The notice must- (a) specify in detail all material defects, omissions and irregularities that have been identified in the claim; and (b) state that any period within which the claim is to be dealt with does not commence until a claim for compensation is given, served or lodged which does not contain the specified material defects, omissions and irregularities. (4) If a claim for compensation and a certificate under section 105 are not given or served at the same time, the claim for compensation is deemed not to have been made until the day on which the remaining document is given to or served on the employer. (5) If- (a) a claim for compensation is made in respect of an injury to a worker arising out of or in the course of, or due to the nature of, employment with a particular employer; and (b) the claim is made after the worker ceases to be employed by that employer- the claim is deemed not to have been made unless the claimant satisfies the Authority or self-insurer that he or she could not reasonably have made the claim while employed by that employer. (6) If a claim for compensation relates to an injury resulting from an accident involving a motor vehicle within the meaning of the Road Safety Act 1986 the claim is deemed not to have been made unless a report of the accident has been made to a member of the police force, whether under section 61 of the Road Safety Act 1986 or otherwise. (7) Subject to subsection (8), a claim for compensation must be given, served or lodged under this section or section 106 or Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993- (a) in the case of a claim for weekly payments, as soon as practicable after the incapacity arising from the injury becomes known; (b) in the case of a claim for compensation under section 92, 92A or 92B within the period of 2 years after the date of the death of the relevant worker; (c) in the case of a claim for compensation under section 98A, at the same time as the claim for compensation under section 98 in respect of the same injury is given, served or lodged; (d) in the case of a claim for compensation under section 99, within 6 months after the date of the relevant service. (8) If the Authority or self-insurer is satisfied that a person making a claim for compensation had a special excuse for not making the claim within the relevant applicable time limit, the Authority or self-insurer may waive or extend the time limit to enable the claim for compensation to be made. (9) A claim for compensation by a worker under section 98 or 98A must seek compensation for all injuries of the worker that are within the categories of injury listed in the Table to section 98(1) that are compensable under that section and that are manifest and that have stabilised. (10) Subsection (9) only applies in respect of claims for compensation that are given, served or lodged after the commencement of section 16 of the Accident Compensation (Amendment) Act 2001. (11) Subsection (9) only applies in respect of injuries of the worker arising out of, or in the course of, or due to the nature of, the worker's employment with- (a) the employer to, or on, whom the claim for compensation was given or served under section 103(1)(c); or (b) the employer referred to in section 106 if the claim for compensation was lodged with the Authority under that section; or (c) the employer referred to in Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993 if the claim for compensation was lodged with the Authority under that Part. (12) Subsection (9) does not apply to a worker who, at the time the claim for compensation was given, served or lodged- (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder. Accident Compensation Act 1985 - SECT 103A Restriction on certain claims for compensation under sections 98 and 98A 103A. Restriction on certain claims for compensation under sections 98 and 98A (1) If a worker makes a second or subsequent claim for compensation under section 98 or 98A, the worker is not entitled to compensation under that section in respect of an injury that would otherwise entitle the worker to compensation under this Act- (a) unless the injury was not manifest at the time the most recent previous claim was made; or (b) unless- (i) the injury had not stabilised at the time that the most recent previous claim was made; and (ii) that previous claim was accompanied by- (A) a written statement that identified the injury and that stated that the worker intended to claim compensation for the injury under section 98 or 98A after it had stabilised; and (B) a written medical report, dated not more than 3 months before the date that previous claim was given, served or lodged, that supported the existence of the injury and stated that the injury had not stabilised at the date of the report. (2) This section only applies in respect of second or subsequent claims for compensation that are made after the commencement of section 17 of the Accident Compensation (Amendment) Act 2001. (3) This section does not apply to a worker who, at the time the claim for compensation was given, served or lodged- (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder. Accident Compensation Act 1985 - SECT 104 Claims for compensation under sections 98 and 98A 104. Claims for compensation under sections 98 and 98A (1) In addition to the requirements under section 103, a claim for compensation under section 98 or 98A must be given, served or lodged with a copy of all the medical reports- (a) which the claimant intends to tender in any proceedings relating to the claim; or (b) the substance of which the claimant intends to adduce in evidence in support of the entitlement of the claimant to compensation or as evidence of the extent of any relevant loss, impairment, disfigurement or pain and suffering in any proceedings relating to the claim. (2) The Authority or self-insurer must within 90 days of receiving the claim- (a) accept or reject the claim; and (b) advise the claimant of the decision; and (c) if the decision is to accept the claim, advise the claimant of its offer based on its determination of the worker's entitlement to compensation; and (d) give the claimant a copy of all the medical reports- (i) which the Authority or self-insurer intends to tender in any proceedings relating to the claim; or (ii) the substance of which the Authority or self-insurer intends to adduce in evidence in any proceedings relating to the claim. (3) If the claimant disputes the decision in respect of the claim, the claimant must not commence proceedings unless the claimant first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and the Conciliation Officer has issued a certificate under subsection (8). (4) If the Conciliation Officer considers that it is necessary for the purpose of settling the dispute, the Conciliation Officer may- (a) obtain a medical report in relation to the worker from a medical practitioner appointed under section 63(2); (b) request the worker to submit to a medical examination conducted by that medical practitioner. (5) The costs of any medical report and medical examination under subsection (4) are to be paid by the Authority or self-insurer. (6) The Conciliation Officer must serve a copy of a medical report obtained under subsection (4) with the certificate under subsection (8). (7) If the Conciliation Officer is satisfied that all reasonable steps have been taken by the claimant to settle the dispute, the Conciliation Officer must issue a certificate under subsection (8). (8) The certificate must- (a) certify that all reasonable steps have been taken by the claimant to settle the dispute; and (b) identify all copies of medical reports provided in accordance with subsections (1) and (2) and any medical report obtained under subsection (4); and (c) if any medical question has been referred by the Conciliation Officer under section 56(6) for an opinion by a Medical Panel, specify that opinion; and (d) be served by post on all the parties to the dispute. (9) The Authority or self-insurer must within 14 days after the certificate has been served on the Authority or self-insurer make a statutory offer in writing in settlement or compromise of the claim. (10) If any medical question has been referred by the Conciliation Officer under section 56(6) for an opinion by a Medical Panel, the statutory offer must be consistent with that opinion. (11) If the Authority or self-insurer fails to comply with subsection (9), the Authority or self-insurer is deemed to have made a statutory offer of nothing. (11A) The claimant must within 21 days after the making by the Authority or self-insurer of a statutory offer- (a) accept the statutory offer in writing; or (b) make a counter statutory offer in writing which is to remain open for 21 days. (11B) If at the expiry of the first period specified in subsection (11A), the claimant- (a) has not accepted the statutory offer; and (b) has not made a counter statutory offer- the claimant is deemed to have made a counter statutory offer of an amount equal to the total of the maximum amounts that can be claimed for the relevant injury or injuries under section 98 and, where applicable, under section 98A. (12) A party to any proceedings relating to a claim for compensation under section 98 or 98A cannot in evidence submit any medical evidence or tender a medical report or adduce evidence dependent on a medical report unless that evidence is disclosed by a medical report a copy of which has been provided to the other party in accordance with subsection (1) or (2) or a copy of which has been provided in accordance with subsection (8). (13) Subsection (12) does not affect the admissibility of the opinion of the Medical Panel. (14) For the purposes of this section if a medical report was oral, a copy of the medical report is to be taken to have been provided to the other party in accordance with subsection (1) or (2) if notice in writing of the substance of the medical report is provided to the other party in accordance with subsection (1) or (2). (15) In this section- medical report- (a) means a statement on medical matters concerning the worker whether in writing or oral made by a medical practitioner; and (b) includes any document which the medical practitioner intends should be read with a statement whether the document was in existence at the time the statement was made or was a document which he or she obtained or caused to be brought into existence subsequently. Accident Compensation Act 1985 - SECT 104AA Withdrawal of claims for compensation under sections 98 and 98A 104AA. Withdrawal of claims for compensation under sections 98 and 98A (1) A worker may withdraw a claim for compensation under section 98 or 98A at any time before the certificate described in section 104(8) is issued in respect of the claim. (2) To withdraw a claim, the worker must give the Authority or self-insurer a notice of withdrawal that is in a form approved by the Authority. (3) On the Authority or self-insurer receiving a notice of withdrawal of a claim under this section, the claim is deemed, for the purposes of taking further action under this Act, not to have been made. (4) Despite subsection (3), if the worker withdraws a claim under this section after- (a) a Conciliation Officer has referred a medical question in relation to the claim to a Medical Panel under section 56(6); and (b) the Medical Panel has given its opinion on the question- that opinion has effect for the purposes of any subsequent claim for compensation under section 98 or 98A made by the worker in respect of which the opinion is relevant as if the opinion had been obtained for the purposes of that subsequent claim. (5) This section applies to a claim regardless of whether or not it was given, served or lodged before, on or after the date of commencement of section 18 of the Accident Compensation (Amendment) Act 2001. Accident Compensation Act 1985 - SECT 104A Directions relating to claim for compensation under sections 98 and 98A 104A. Directions relating to claim for compensation under sections 98 and 98A (1) For the purposes of section 104, the Minister may issue directions for or with respect to procedures for the determination of claims for compensation under sections 98 and 98A. (1A) For the purposes of section 104AA, the Minister may issue directions for or with respect to procedures for the withdrawal of claims of compensation under sections 98 and 98A. (2) Directions under subsection (1) or (1A) must be published in the Government Gazette. (3) The directions apply to claims for compensation under sections 98 and 98A given, served or lodged after the publication of the directions. (4) The parties to a claim and their legal practitioners and agents must comply with the directions. (5) Directions made under subsection (1) may specify that the failure to comply with a particular provision of the directions has the effect of suspending the claim or any proceeding relating to the claim until the provision is complied with. (6) Directions made under subsection (1)- (a) may require that each of the parties to a claim or their legal representatives provide information by affidavit to the other parties or their legal representatives and, if applicable, to a Conciliation Officer; and (b) may require that the parties to a claim and their legal representatives must attend at a conference or conferences in respect of the claim. Accident Compensation Act 1985 - SECT 104B Claims for compensation under section 98C 104B. Claims for compensation under section 98C (1) In addition to the requirements under section 103, this section applies to a claim for compensation under section 98C. (1A) Subject to subsection (1B), a claim for compensation under section 98C or 98E, not being a claim for compensation for industrial deafness, can not be made before the expiry of the period of 12 months after the date of the relevant injury. (1B) Despite subsection (1A), the Authority or a self-insurer may receive a claim for compensation under section 98C or 98E before the expiry of the period of 12 months after the date of the relevant injury if the relevant injury has stabilised. (1BA) If a worker has commenced an application under section 134AB(4)(b), the worker can not make a claim for compensation under section 98C until the proceedings under section 134AB in respect of that application have been finally determined. (1C) If liability has been accepted or determined in respect of a prior claim for compensation for an injury, the Authority or a self-insurer may after the expiry of the period of 18 months after the date of the relevant injury and without a claim having been made under section 98C or 98E, request the worker to attend an independent examination under subsection (4). (1CA) For the purposes of this section, a request under subsection (1C) has the effect of initiating a claim for compensation under section 98C or 98E in respect of the worker by the Authority or self-insurer. (1D) The Authority or self-insurer may within 90 days of receiving a claim made by the worker by notice in writing to the worker suspend the claim made by the worker if- (a) the Authority or self-insurer has insufficient medical information to determine the matters specified in subsection (2); or (b) the Authority or self-insurer can not make a determination under subsection (2) because the condition of the injury of the worker is not stable. (1E) The Authority or self-insurer must within 14 days- (a) if subsection (1D)(a) applies, of having sufficient medical information to determine the matters specified in subsection (2); or (b) if subsection (1D)(b) applies, of being able to make a determination under subsection (2) because the condition of the injury of the worker has stabilised- by notice in writing to the worker remove the suspension under subsection (1D). (2) The Authority or self-insurer must within 120 days of receiving a claim made by the worker or in the case of a claim initiated by the Authority or self-insurer, within 120 days of the relevant date- (a) if the claim is a claim made by the worker, accept or reject liability for each injury included in the claim; (b) obtain an assessment or assessments in accordance with section 91 as to the degree of permanent impairment (if any) of the worker resulting from the injury or injuries in respect of which liability is accepted; (c) after taking into account the assessment or assessments obtained under paragraph (b), determine the degree of permanent impairment (if any) of the worker for each of the purposes of- (i) section 98C; (ii) section 134AB; (iii) Subdivision 1 of Division 3A; (d) determine whether the worker has an injury which is a total loss mentioned in the Table to section 98E(1); (e) calculate any entitlement to compensation under section 98C or 98E; (f) advise the worker as to- (i) if the claim is a claim made by the worker, the decision to accept or reject liability for each injury included in the claim; (ii) each of the determinations as to the degree of permanent impairment (if any) of the worker and whether the worker has an injury which is a total loss mentioned in the Table to section 98E(1) resulting from the injury or injuries in respect of which liability is accepted; (iii) the calculation of any entitlement to compensation under section 98C or 98E; * * * * * (g) provide to the worker a copy of- (i) any medical reports, correspondence and other documents provided to; and (ii) any medical reports, correspondence and other documents obtained from- any medical practitioner referred to in section 91(1)(b) conducting an independent examination. (2AA) For the purposes of this section- claim made by the worker means- (a) a claim by a worker for compensation under section 98C or 98E; or (b) a claim by a worker for compensation under section 98C or 98E in accordance with subsection (5D)(a); relevant date means- (a) if the worker makes a claim for compensation under section 98C or 98E in accordance with subsection (5D)(a), the day on which the claim is received by the Authority or self-insurer; or (b) if the worker advises the Authority or self-insurer that he or she disputes the written statement under subsection (5C), the day on which the dispute is resolved; or (c) if the worker does not make a claim or dispute the statement within the period specified under subsection (5D), the day on which that period expires; or (d) if the worker accepts the written statement of the injury or injuries under subsection (5C), the day on which the Authority or self-insurer receives the advice of the worker that he or she accepts the written statement of the injury or injuries. (2A) The Authority or self-insurer is not bound by the assessment or assessments obtained under subsection (2)(b) in determining the degree of permanent impairment (if any) under subsection (2)(c). (3) If the Authority or self-insurer rejects liability in relation to the injuries included in the claim made by the worker and the worker disputes the decision as to liability, the worker must not commence proceedings in relation to the claim made by the worker unless the worker first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and until the Conciliation Officer has issued a certificate under section 49. (4) The worker must at the request of the Authority or self-insurer attend an independent examination to be conducted by a medical practitioner referred to in section 91(1)(b) for the purposes this section. (5) The Authority or self-insurer must obtain assessments in accordance with section 91 as to the degree of permanent impairment resulting from any injury for which liability is accepted or established for the purposes of- (a) determining any entitlement of the worker to compensation under section 98C; (b) determining the whole person impairment under sections 134AB(3) and 134AB(15); (c) Subdivision 1 of Division 3A. (5A) A worker must include all injuries arising out of the same event or circumstance in a claim for compensation under section 98C. (5AA) A worker can only make one claim for compensation under section 98C in respect of injuries arising out of the same event or circumstance. (5AB) Subject to subsection (5D)(a), if a claim for compensation under section 98C or 98E has been initiated in respect of a worker by the Authority or self-insurer, the worker cannot make a claim for compensation under section 98C or 98E in respect of injuries arising out of the same event or circumstance. (5B) A determination of the degree of impairment must take into account all impairments resulting from the injuries entitling the worker to compensation included in the claim for compensation under section 98C. (5C) If the independent examination has been requested by the Authority or a self-insurer under subsection (1C), the Authority or self-insurer must give the worker a written statement of the injury or injuries to be included in the assessments and a statement of rights in a form approved by the Authority for the purposes of this section. (5D) A worker must within 60 days of receiving a written statement under subsection (5C)- (a) make a claim for compensation under section 98C or 98E in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance; or (b) advise the Authority or self-insurer that he or she disputes the statement; or (c) advise the Authority or self-insurer that he or she accepts the written statement of the injury or injuries. (5DA) If after receiving a written statement under subsection (5C) the worker makes a claim for compensation under section 98C or 98E in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance- (a) the claim by the worker and the claim initiated by the Authority or self-insurer are to be considered as one consolidated claim; and (b) the consolidated claim is to be dealt with in accordance with subsection (2). (5DB) If the worker advises the Authority or self-insurer that he or she disputes the written statement under subsection (5C), the worker must not commence proceedings in relation to the claim unless the worker first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and until the Conciliation Officer has issued a certificate under section 49. (5E) If the worker does not make a claim or dispute the statement within the period specified under subsection (5D), the injury or injuries specified in the written statement are deemed to be the only injury or injuries arising from the same event or circumstance which are to be included in the determination of impairment to be dealt with in accordance with subsection (2). (5F) If the worker was not 18 years of age at the time of the event or circumstance, the determination of impairment resulting from the injury can not be made until the worker attains the age of 18 years. (6) The worker must within 60 days of being advised under subsection (2) in respect of a claim made by the worker advise the Authority or self-insurer in writing whether the worker accepts or disputes the decision as to liability in respect of each of the injuries claimed. (6A) If under subsection (6) a worker disputes any part of the decision as to liability, the worker does not have to respond to any other part of the advice under subsection (2). (6B) Subject to subsection (6), the worker must within 60 days of being advised under subsection (2) advise the Authority or self-insurer in writing- (a) whether the worker accepts or disputes the determinations of impairment and total loss; (b) if the worker accepts the determinations of impairment and total loss, whether the worker accepts or disputes the entitlement to compensation, if any. * * * * * (7) If the decision made under subsection (2)(a) to reject liability for an injury is varied as the result of a decision of a court or an agreement between the worker and the Authority or self-insurer, the Authority or self-insurer must within 90 days of the variation- (a) obtain an assessment or assessments in accordance with section 91 as to the degree of permanent impairment (if any) of the worker resulting from the injury or injuries in respect of which liability is accepted or determined; (b) after taking into account the assessment or assessments obtained under paragraph (a), determine the degree of permanent impairment (if any) of the worker for each of the purposes of- (i) section 98C; (ii) section 134AB; (iii) Subdivision 1 of Division 3A; (c) determine whether the worker has an injury which is a total loss mentioned in the Table to section 98E(1); (d) calculate any entitlement to compensation under section 98C or 98E; (e) advise the worker as to- (i) the decision or determination of liability for each injury included in the claim; (ii) each of the determinations as to the degree of permanent impairment (if any) of the worker and whether the worker has an injury which is a total loss mentioned in the Table to section 98E(1) resulting from the injury or injuries in respect of which liability is accepted; (iii) the calculation of any entitlement to compensation under section 98C or 98E; * * * * * (f) provide to the worker a copy of- (i) any medical reports, correspondence and other documents provided to; and (ii) any medical reports, correspondence and other documents obtained from- any medical practitioner referred to in section 91(1)(b) conducting an independent examination. (7A) The Authority or self-insurer is not bound by the assessment or assessments obtained under subsection (7)(a) in determining the degree of permanent impairment (if any) under subsection (7)(b). (7B) The worker must within 60 days of being advised under subsection (7) advise the Authority or self-insurer in writing- (a) whether the worker accepts or disputes the determinations of impairment and total loss; (b) if the worker accepts the determinations of impairment and total loss, whether the worker accepts or disputes the entitlement to compensation, if any. * * * * * (8) Subject to section 134AB(36), the Authority or self-insurer must, within 14 days of being advised by the worker either under subsection (6B) or (7B) or at a later date that the worker accepts the determinations of impairment and total loss and the entitlement to compensation- (a) if the entitlement is under section 98C, make payments in accordance with section 98D; or (b) if the entitlement is under section 98E, pay the amount specified for the total loss under section 98E. (9) The Authority or self-insurer must, within 14 days of being advised by the worker that the worker disputes the determinations of impairment or total loss in respect of the injury or injuries claimed, refer the medical questions as to- (a) the degree of impairment assessed in accordance with section 91 resulting from the injury or injuries claimed for which liability is accepted or established; and (b) whether the worker has an injury or injuries claimed for which liability is accepted or established which is a total loss mentioned in the Table to section 98E(1)- to a Medical Panel for its opinion under section 67. (9A) For the purposes of subsection (9), if a worker has suffered an injury arising out of the same event or circumstance resulting in both psychiatric impairment and impairment other than psychiatric impairment- (a) the worker may- (i) accept or dispute the determinations of impairment of both psychiatric impairment and impairment other than psychiatric impairment; or (ii) accept or dispute either the determination of psychiatric impairment or the determination of impairment other than psychiatric impairment but can not accept only part of the determination of impairment other than psychiatric impairment; and (b) the Authority or self-insurer must refer under that subsection the medical questions relating to the determination or determinations disputed in accordance with subsection (9). (10) The Authority or self-insurer must, within 60 days of obtaining the opinion of the Medical Panel under section 67, advise the worker of the opinion and the entitlement, if any, under section 98C or 98E. (10A) The worker must, within 60 days of being advised by the Authority or self-insurer of the entitlement of the worker to compensation in accordance with subsection (10), advise the Authority or self-insurer whether the worker accepts or disputes the entitlement to compensation. (10B) Subject to section 134AB(36), the Authority or self-insurer must, within 14 days of being advised by the worker either under subsection (10A) or at a later date that the worker accepts the entitlement to compensation- (a) if the entitlement is under section 98C, make payments in accordance with section 98D; or (b) if the entitlement is under section 98E, pay the amount specified for the total loss under section 98E. (11) For the purposes of this section, liability in relation to a claim does not include a question as to the degree of permanent impairment of a worker or whether a worker has an injury which is a total loss mentioned in the Table to section 98E(1). * * * * * (12) No appeal lies to any court or Tribunal from a determination or opinion- (a) as to the degree of permanent impairment of a worker resulting from an injury; or (b) as to whether a worker has an injury which is a total loss mentioned in the Table to section 98E(1). (13) For the purposes of this section, the Minister may issue directions to be published in the Government Gazette for or with respect to procedures for the determination of claims for compensation under section 98C, including directions requiring that information in classes of claims specified in the directions must be provided by affidavit. (14) This section as amended by section 16 of the Accident Compensation (Common Law and Benefits) Act 2000 applies in respect of- (a) all claims for compensation under section 98C given, served or lodged on or after the commencement of section 16 of the Accident Compensation (Common Law and Benefits) Act 2000; (b) an assessment for the purposes of sections 134AB(3) and 134AB(15) in respect of an injury to a worker on or after 20 October 1999 whose claim for compensation under section 98C was given, served or lodged before the commencement of section 16 of the Accident Compensation (Common Law and Benefits) Act 2000; (c) a claim specified in subsection (15). (15) If a worker has given, served or lodged a claim for compensation under section 98C before the commencement of section 16 of the Accident Compensation (Common Law and Benefits) Act 2000 and on or after that commencement claims compensation under section 98C for any other injury which arose from the same event or circumstance in respect of which the injury the subject of the previous claim arose, this section as amended by section 16 of the Accident Compensation (Common Law and Benefits) Act 2000 applies in respect of the subsequent claim. (16) Subject to subsection (14), this section as in force before the commencement of section 16 of the Accident Compensation (Common Law and Benefits) Act 2000 continues to apply in respect of all claims for compensation under section 98C given, served or lodged before the commencement of section 16 of the Accident Compensation (Common Law and Benefits) Act 2000. (17) This section as amended by section 17 of the Accident Compensation (Common Law and Benefits) Act 2000 applies in respect of- (a) all claims for compensation under section 98C given, served or lodged on or after the commencement of section 17 of the Accident Compensation (Common Law and Benefits) Act 2000; (b) a request made under subsection (1C) on or after that commencement; (c) an assessment on or after that commencement for the purposes of sections 134AB(3) and 134AB(15) in respect of an injury to a worker on or after 20 October 1999. (18) This section as amended by section 20 of the Accident Compensation (Amendment) Act 2001 only applies- (a) in the case of subsection (6), to any case in which the Authority or self-insurer obtained the assessments and determination on or after the date of commencement of section 20 of that Act; (b) in the case of subsection (7), to any case in which the worker was advised under subsection (6) on or after the date of commencement of section 20 of that Act; (c) in the case of subsection (10), to any case in which the Authority or self-insurer obtained the opinion of the Medical Panel under section 67 on or after the date of commencement of section 20 of that Act. (19) If as at the commencement of section 5 of the Accident Compensation Legislation (Amendment) Act 2004 a worker has attended at least 1 impairment examination, the assessment of impairment and the final determination of the claim of the worker must be completed in accordance with this section as in force before that commencement. (20) If as at the commencement of section 5 of the Accident Compensation Legislation (Amendment) Act 2004 a worker has lodged an impairment claim but has not attended any impairment examinations, the worker may before attending an impairment examination elect by notice in writing to the Authority or self-insurer- (a) to continue to have the claim determined in accordance with this section as in force before that commencement; or (b) to withdraw the claim. (21) If a worker withdraws a claim under subsection (20)(b), the worker may submit a new claim as if it were the first claim of that type that the worker was submitting in respect of that injury. (22) This section as in force before the commencement of section 5 of the Accident Compensation Legislation (Amendment) Act 2004 applies to a worker to whom subsection (19) or (20)(a) applies with the following modifications- (a) as if in subsection (6) as then in force "and of the consequences as specified in subsection (11A) of confirming in writing that he or she wishes to receive any compensation to which he or she is entitled" were omitted; (b) as if in subsection (7) as then in force "and if the worker accepts the entitlement to compensation, whether or not he or she wishes to receive the compensation to which he or she is entitled" were omitted; (c) as if in subsection (8) as then in force, for "wishes to receive the compensation to which he or she is entitled" there were substituted "accepts the entitlement"; (d) as if in subsection (10) as then in force "and of the consequences as specified in subsection (11A) of confirming in writing that he or she wishes to receive any compensation to which he or she is entitled" were omitted; (e) as if in subsection (10A) as then in force, for "wishes to receive the compensation to which he or she is entitled" there were substituted "accepts or disputes the entitlement to compensation"; (f) as if in subsection (10B) as then in force, for "wishes to receive the compensation to which he or she is entitled" there were substituted "accepts the entitlement to compensation"; (g) as if subsection (11A) as then in force were repealed. (23) Subject to subsection (22), this section as amended by section 18 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies to an impairment claim whether lodged before, on or after 18 November 2004 unless the worker has before 1 June 2006- (a) made an application under section 134AB(4); or (b) advised the Authority or self-insurer under subsection (7B) or (10A) that he or she wishes to receive the compensation to which he or she is entitled. Accident Compensation Act 1985 - SECT 105 Medical certificate 105. Medical certificate (1) A certificate required under section 103(1)(b) to accompany a claim for compensation must- (a) be issued by a medical practitioner; and (b) be in a form approved by the Authority; and (c) specify the expected duration of the worker's incapacity and whether the worker has a current work capacity or has no current work capacity. (2) A certificate issued or purporting to have been issued under subsection (1) is of no effect if it contains a material defect, omission or irregularity. (3) If a certificate issued or purporting to have been issued under subsection (1) is in respect of a period exceeding 14 days, it is of no effect after the first 14 days, unless the Authority or self-insurer is satisfied that there are special reasons which require an extension of that period. (4) If a worker is unable to comply with section 103(1) because he or she does not have a certificate as required under this section, the worker may apply to the County Court for a determination of the entitlement of the worker to compensation under this Act. Accident Compensation Act 1985 - SECT 106 Lodging of claims with Authority in certain circumstances 106. Lodging of claims with Authority in certain circumstances (1) If a person making a claim for compensation becomes aware that the employer- (a) cannot be identified; or (b) cannot be found; or (c) is dead; or (d) is a corporation that has been wound up; or (e) has not complied or is not likely to comply with section 108; or (f) is refusing to receive the claim- that person must lodge the claim with the Authority. (2) Subsection (1) does not apply to a claim in respect of an injury arising wholly out of or in the course of or due to the nature of employment on or after 4 p.m. on 30 June 1993. (3) If a person making a claim for compensation in respect of an injury arising out of or in the course of or due to the nature of employment on or after 4 p.m. on 30 June 1993, becomes aware that the employer- (a) has not complied or is not likely to comply with section 108; or (b) is refusing to receive the claim- that person must lodge the claim with the Authority. (4) A claim for weekly payments which purports to be lodged in accordance with this section when the conditions specified in this section do not apply is deemed not to have been made if within 14 days of the claim being lodged the claim is returned to the claimant with a notice under subsection (5). (5) The notice must- (a) specify that the claim for weekly payments must be given to or served on the employer; and (b) state that any period within which the claim is to be dealt with does not commence until a claim for weekly payments has been given to or served on the employer. Accident Compensation Act 1985 - SECT 107 Provision of information to claimant 107. Provision of information to claimant (1) The Authority, a self-insurer or an employer must, at the request of a person who has made a claim for compensation, give that person any information received from a provider to that person of a medical service or hospital service, being information regarding that service and relevant to the claim. (2) The Authority, a self-insurer or an employer must take all reasonable steps, as soon as is practicable but in any case not later than 28 days of the request being received, to give to the person making the request- (a) a notice of the reasons for its decision; (b) if the decision is to provide all or part of the information requested under subsection (1), that information. (3) If the Authority, a self-insurer or an employer believes on reasonable grounds that the information requested under subsection (1) includes information which is health information which would pose a serious threat to the life or health of the person if the information were to be given to that person- (a) the Authority, self-insurer or employer must not give access to that health information; and (b) the procedure set out in Division 3 of Part 5 of the Health Records Act 2001 applies as if the refusal of access were a refusal under section 26 of that Act. (4) The failure by the Authority, a self-insurer or an employer to comply with this section is to be taken to be a dispute to which Divisions 1 and 2 of Part III apply. Accident Compensation Act 1985 - SECT 107A General right of access to information under this Act 107A. General right of access to information under this Act (1) Subject to this Act, the Authority or self-insurer must, at the request of a person who has made a claim for compensation, give that person in accordance with this section any information held by the Authority or self-insurer which is relevant to the claim for compensation. (2) This section is to be construed as being in addition to the right conferred under section 107. (3) The Authority or self-insurer must take all reasonable steps, as soon as is practicable but in any case not later than 28 days of the request being received, to give to the person making the request- (a) a notice of the reasons for its decision; (b) if the decision is to provide all or part of the information requested under subsection (1), that information. (4) The Authority or self-insurer may refuse to provide the information requested under subsection (1) if the Authority or self-insurer is satisfied that- (a) subject to subsection (5), the information is exempt information; or (b) there are no reasonable grounds for requesting information- (i) which is the same as information which has been given to the person making the request under this or any other Act in the period of 12 months before the request; or (ii) to which access has previously been refused under this or any other Act. (5) If- (a) the Authority or self-insurer decides not to grant a request for information on the ground that some of the information is exempt information; and (b) it is practicable for the Authority or self-insurer to give a copy of the information with deletions of the exempt information; and (c) it appears from the request or subsequent indications from the person making the request, that the person would wish to have access to information with those deletions- the Authority or self-insurer must provide that information. (6) If the Authority or self-insurer believes on reasonable grounds that the information requested under subsection (1) includes information which is exempt information because it is health information which would pose a serious threat to the life or health of the person if the information were to be given to that person- (a) the Authority or self-insurer must not give access to that health information; and (b) the procedure set out in Division 3 of Part 5 of the Health Records Act 2001 applies as if the refusal of access were a refusal under section 26 of that Act. (7) The failure by the Authority or a self-insurer to comply with this section is to be taken to be a dispute to which Divisions 1 and 2 of Part III apply. (8) In this section, exempt information means information of a kind which if it were contained in a document requested under the Freedom of Information Act 1982 would make that document an exempt document because section 30, 31, 32, 33 or 35 of the Freedom of Information Act 1982 would apply. Accident Compensation Act 1985 - SECT 108 Responsibilities of employer 108. Responsibilities of employer (1) An employer must forward to the Authority- (a) any claim for compensation under section 92, 92A or 92B; (ab) any claim for weekly payments; (b) any claim for compensation under section 98, 98A or 98C; (ba) any claim for compensation under section 99 which comes within the employer's liability under the employer's excess under section 125(1)(a) or 125A(3) and which is rejected by the employer; (c) any claim for compensation under section 99 which does not come within the employer's liability under the employer's excess under section 125(1)(a) or 125A(3)- within 10 days after the employer receives the claim. (2) An employer must accept or reject a claim for weekly payments within 10 days of receiving the claim. (3) An employer must forward to the Authority at such intervals and dates as are determined by the Authority a return in a form approved by the Authority of claims for compensation under section 99 which do not exceed the employer's liability under the employer's excess. (4) An employer who fails without reasonable cause to forward a claim for weekly payments to the Authority as required by this section is liable for weekly payments made by the Authority to the worker during the period commencing- (a) after the employer's liability under the excess under section 125A(3) is reached and ending when the claim for weekly payments is received by the Authority; or (b) if section 125A(6) applies, after the period of employer's liability under section 125A(3) has been met by the Authority and ending when the claim for weekly payments is received by the Authority. (4A) The Authority may impose on an employer to whom subsection (4) applies a penalty for the failure referred to in that subsection in respect of the relevant period referred to in that subsection calculated in accordance with the method determined under subsection (5A). (4B) Subsections (4) and (4A)- (a) impose a liability and penalty which is in addition to any other liability or penalty under this Act; (b) do not apply to an employer who is an uninsured employer to whom Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993 applies; (c) do not apply to an employer in relation to the employment of a student worker. (4C) If an employer neglects, refuses or is unable to reimburse the Authority in respect of the liability imposed under subsection (4) or section 109(4), the Authority may recover an amount equal to that liability in a court of competent jurisdiction as a debt due to the Authority. (5) If the employer fails without reasonable cause to forward a claim to the Authority as required by this section, the Authority may- (a) impose on the employer a penalty calculated in accordance with the method determined under subsection (5A); or (b) recover as debt due in any court of competent jurisdiction an amount equivalent to any cost or expense incurred by the Authority solely as a result of the failure to forward the claim as required. (5A) The Governor in Council, by Order published in the Government Gazette, may determine the method for calculating the penalty payable by an employer who fails without reasonable cause to forward a claim to the Authority as required by this section. (5B) The Authority may recover a penalty imposed under subsection (5)(a) in a court of competent jurisdiction as a debt due to the Authority. (6) This section does not apply to an employer who is a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. Accident Compensation Act 1985 - SECT 109 Responsibilities of self-insurers and the Authority 109. Responsibilities of self-insurers and the Authority (1) If the Authority or a self-insurer does not give written notice of a decision to accept or reject a claim for weekly payments within 28 days of receiving the claim- (a) the claim is deemed to have been accepted; and (b) the Authority or self-insurer must pay weekly payments to the worker subject to and in accordance with this Part. (1A) If a worker notifies the Authority of a claim for weekly payments in accordance with section 103 and the claim for weekly payments complies with the requirements of that section, subsection (1) applies as if for "within 28 days of receiving the claim" there were substituted whichever of the following is the earlier commencement date for the period of 28 days- (a) if the Authority receives a claim for compensation from the employer in accordance with section 108, "within 28 days after the day the Authority receives the claim for weekly payments from the employer"; or (b) if the Authority does not receive a claim for compensation from the employer in accordance with section 108, "within 28 days of the 11th day after the Authority received notice of the claim from the worker". (1B) If the Authority receives a claim for weekly payments from the employer more than 28 days after the expiry of the period of 10 days referred to in section 108 and the Authority has not rejected the claim for weekly payments in accordance with subsection (1), the claim for compensation is deemed to have been accepted by the Authority under subsection (1). (2) The written notice of a decision to accept or reject a claim for weekly payments must in the case of a decision to reject the claim include a statement of the reasons for the decision. (3) A decision or deemed decision under this section is binding on the employer in respect of the employer's liability under the employer's excess. (4) If subsection (1B) applies- (a) a deemed decision under that subsection is binding on the employer; (b) the employer is liable for all weekly payments made by the Authority to the worker until the day the claim for weekly payments is received by the Authority from the employer. Accident Compensation Act 1985 - SECT 110 Application by worker to alter amount of weekly payments 110. Application by worker to alter amount of weekly payments (1) A worker who is receiving weekly payments may apply in writing to the Authority or self-insurer for an increase or reduction in the amount of the payments and must specify in the application the reasons for so applying and provide with the application any supporting evidence. (2) Within 28 days after receiving an application, the Authority or self-insurer must- (a) approve or reject the application; and (b) give the worker and the employer written notice of its decision, including, in the case of rejection, a statement of the reasons for the decision. Accident Compensation Act 1985 - SECT 111 Worker's capacity for work 111. Worker's capacity for work (1) Subject to subsection (1A), a worker must provide to the Authority or self-insurer- (a) certificates of capacity in accordance with this section in respect of the period in respect of which the worker is entitled to weekly payments; and (b) a declaration in the form approved by the Authority as to whether or not the worker is engaged in any form of employment or in self-employment or voluntary work for which he or she receives or is entitled to receive payment in money or otherwise or has been so engaged at any time since last providing a certificate under this section or section 105. (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 with subsection (1) in respect of any period from the date that the decision took effect until the day on which the decision is set aside. (2) A certificate of capacity must- (a) be a certificate- (i) under section 105; or (ii) in a form approved by the Authority given by a medical practitioner, registered physiotherapist, registered chiropractor or registered osteopath; and (b) certify as to the worker's incapacity for work and whether the worker has a current work capacity or has no current work capacity during the period, not exceeding 28 days, stated in the certificate; and (c) specify the expected duration of the worker's incapacity. (3) Despite subsection (2)(b), a certificate of capacity covering a period exceeding 28 days is in accordance with this section if- (a) the person giving the certificate states in the certificate the special reasons why the certificate covers the longer period; and (b) the Authority or self-insurer is satisfied that, for the special reasons stated, the certificate should be accepted. (4) A certificate of capacity is of no effect to the extent that it relates to a period of time before a period of 90 days of the date that the certificate is provided. Accident Compensation Act 1985 - SECT 112 Medical examinations 112. Medical examinations (1) The Authority or a self-insurer may require a worker who has made a claim for compensation to submit at reasonable intervals to an examination by an independent medical examiner provided and paid for by the Authority or self-insurer39. (2) If a worker unreasonably refuses to have, or unreasonably obstructs, an examination under subsection (1)- (a) any claim or proceedings commenced by or on behalf of the worker; and (b) the worker's entitlement- (i) to compensation under this Act; or (ii) to apply to the County Court or Magistrates' Court- are suspended until the examination takes place. (3) When the examination takes place any period between the date on which the worker unreasonably refused to have, or unreasonably obstructed, the examination and the date of the examination must be taken into account for the purpose of calculating, subject to this Act, a period or time for the purposes of this Part. (4) Any weekly payments which would otherwise be payable during the period of suspension are forfeited. (5) In this section independent medical examiner means- (a) a medical practitioner; or (ab) a registered dentist; or (b) a registered physiotherapist; or (c) a registered chiropractor or a registered osteopath; or (d) a registered psychologist- approved by the Authority for the purposes of this section. Accident Compensation Act 1985 - SECT 113 Medical certificate 113. Medical certificate (1) The Authority, self-insurer or an employer, at the expense of the Authority, self-insurer or employer, may require a worker to obtain a medical certificate under this section in respect of any claim for compensation under this Act. (2) The worker must obtain the medical certificate- (a) within 14 days of being required to do so; and (b) from a medical practitioner or a person authorised under section 111(2)(a) to give a certificate of capacity under that section, being a medical practitioner or person nominated by the Authority, self-insurer or employer. (3) The Authority, self-insurer or an employer must not- (a) require a medical certificate under this section from a worker more than once in any period of 3 months; or (b) nominate a medical practitioner, registered physiotherapist, registered chiropractor or registered osteopath who is not reasonably accessible to the worker. (4) A medical certificate under this section- (a) if the worker has not provided a certificate of capacity under section 111, must be in accordance with section 105(1)(b) and (c); or (b) if the worker has provided a certificate of capacity under section 111, must be in accordance with section 111(2). Accident Compensation Act 1985 - SECT 114 Termination or alteration of weekly payments 114. Termination or alteration of weekly payments (1) The Authority or self-insurer may in accordance with this Act terminate a worker's entitlement to weekly payments or alter the basis on which the amount of the weekly payment is to be calculated whether or not the worker is currently receiving weekly payments. (1A) Subsections (2) to (13) only apply if the worker is currently receiving weekly payments as at the date of the change in the entitlement of the worker to weekly payments. (2) In addition to other grounds under this Act for termination or alteration of weekly payments, the Authority or a self-insurer- (a) may increase or reduce weekly payments on the ground that there is not, or is no longer, an entitlement to weekly payments of the existing amount; and (b) may terminate weekly payments on the ground that- (i) the worker is not entitled to compensation under Division 1 or 2; or (ii) the worker is not, or is no longer entitled to weekly payments; or (c) may terminate or alter weekly payments on the ground that- (i) the worker has returned to any work whether as a self employed person or in employment; or (ii) in the case of a worker who has notional earnings, the amount of the worker's notional earnings alters; or (iii) payments for regular overtime or shift allowances are no longer included in the worker's pre-injury average weekly earnings. (3) The Authority or a self-insurer may terminate weekly payments if it considers that payments were obtained fraudulently. (4) A termination or alteration of weekly payments on the grounds specified in subsection (2)(a) or (2)(b) has effect- (a) only if written notice in accordance with subsection (10) is given; and (b) after the expiry of the required notice period. (5) A termination or alteration of weekly payments on the grounds specified in subsection (2)(c) or section 93E, 93F, 96, 97(2) or 97(7) has effect- (a) without the giving of notice; and (b) as from the day on which the circumstances establishing the relevant ground first arise. (5A) A termination of weekly payments under section 93EA has effect- (a) without the giving of notice; and (b) as from the expiry of the period not exceeding 13 weeks for which the payment is granted under that section. (6) A termination of weekly payments on the ground specified in subsection (3) has effect- (a) if written notice in accordance with subsection (10) is given; and (b) as from the day (whether before, on or after the giving of the notice) on which the Authority or self-insurer makes the decision. (7) A termination of weekly payments on the ground specified in section 93CA(4), 93CB(4) or 93CC(5) has effect- (a) if written notice in accordance with subsection (10) is given; and (b) as from the day (not being a day before the giving of the notice) specified in the notice. (8) A reduction of weekly payments solely on the ground of the expiry of the first entitlement period within the meaning of section 93CA(1) has effect- (a) if written notice in accordance with subsection (10) is given; and (b) if section 114A has been complied with. (9) A termination of weekly payments solely on the ground of the expiry of the second entitlement period within the meaning of section 93CB(1)40 has effect- (a) if written notice in accordance with subsection (10) is given; and (b) if section 114B has been complied with. (10) A notice must- (a) be given to the worker; and (b) state the reasons for giving the notice; and (c) state- (i) in the case of termination, when weekly payments will be stopped; and (ii) in the case of alteration, the new level of weekly payments and when payments at the new level will commence. (11) If a worker- (a) has received weekly payments of compensation for a continuous period of at least 12 weeks; and (b) has provided the worker's employer, or where applicable, the Authority or self-insurer with a certificate of capacity in accordance with section 111- the Authority or self-insurer must not terminate or reduce weekly payments during the period of incapacity so specified without giving the worker the required period of notice of intention to do so. (12) If weekly payments are terminated or reduced in contravention of subsection (11), the worker may recover from the Authority or self-insurer an amount of compensation that- (a) if no period of notice has been given-is equal to the amount of compensation or additional compensation, that would have been payable during the required period of notice if weekly payments had not been terminated or reduced; or (b) if less than the required period of notice has been given-is equal to the amount of compensation that would have been payable during the balance of the required period of notice if weekly payments had not been terminated or reduced. (13) The required period of notice is- (a) if the worker has been receiving weekly payments of compensation for a continuous period of at least 12 weeks but less than 1 year-14 days; or (b) if the worker has been receiving weekly payments of compensation for a continuous period of 1 year or more-28 days; or (c) if the termination of weekly payments is solely on the ground of the expiry of the second entitlement period within the meaning of section 93CB(1)-13 weeks. Accident Compensation Act 1985 - SECT 114A Reduction of weekly payments after the first entitlement period within the meaning of section 93CA(1) 114A. Reduction of weekly payments after the first entitlement period within the meaning of section 93CA(1) (1) Weekly payments must not be reduced under section 114(8)- (a) unless the Authority or self-insurer has made a determination of the worker's entitlement under section 93CB; and (b) until the Authority or self-insurer has given at least 14 days notice under section 114 of the decision following that determination. (2) The notice is not invalid only because the date specified in the notice as the date on which the reduction is to take effect is not a date immediately after the expiry of the first entitlement period within the meaning of section 93CA(1) but has effect on the date immediately after the completion of the first entitlement period within the meaning of section 93CA(1) or, if the date specified in the notice is a later date, the later date. (3) Despite anything to the contrary in section 93CB(2), until notice is given to a worker and the date specified in the notice has expired, the worker is deemed to be entitled to weekly payments in respect of any period after the expiry of the first entitlement period within the meaning of section 93CA(1) under section 93CB(2)(a) provided that the worker is but for the expiry of 13 weeks otherwise entitled to weekly payments. * * * * * (5) Subsections (1)(b), (2) and (3) do not apply if- * * * * * (b) the claim for weekly payments is made within the period of 42 days before the expiry of the first entitlement period within the meaning of section 93CA(1). (6) If subsection (5)(b) applies and weekly payments are commenced, the entitlement to weekly payments in respect of any period after the expiry of the first entitlement period within the meaning of section 93CA(1) must be determined in accordance with section 93CB(2). Accident Compensation Act 1985 - SECT 114B Termination of weekly payments after expiry of entitlement period 114B. Termination of weekly payments after expiry of entitlement period (1) Weekly payments must not be terminated under section 114(9)- (a) unless the Authority or self-insurer has made a determination of the worker's entitlement to weekly payments after the expiry of the second entitlement period within the meaning of section 93CB(1); and (b) until the Authority or self-insurer has given at least 13 weeks notice under section 114 of the determination following the making of the determination. (1A) A determination under subsection (1) may be made before or after the expiry of the second entitlement period within the meaning of section 93CB(1) so as to terminate payments at or after the expiry of that entitlement period. (2) The notice is not invalid only because the date specified in the notice as the date on which the termination is to take effect is not a date immediately after the expiry of the second entitlement period within the meaning of section 93CB(1)41 but has effect on the date immediately after the completion of the second entitlement period within the meaning of section 93CB(1) or, if the date specified in the notice is a later date, the later date. (3) If subsection (1) applies and notwithstanding anything to the contrary in section 93CC(1), until notice is given to a worker and the date specified in the notice has expired, the worker is deemed to be entitled to weekly payments under section 93CB in respect of any period after the expiry of the second entitlement period within the meaning of section 93CB(1) provided that the worker is but for the expiry of the entitlement period otherwise entitled to weekly payments42. (4) Subsections (1)(b), (2) and (3) do not apply if the claim for weekly payments is made within the period of 119 days before the expiry of the second entitlement period within the meaning of section 93CB(1)43. (5) If subsection (4) applies and weekly payments are commenced, the entitlement to weekly payments in respect of any period after the expiry of the second entitlement period within the meaning of section 93CB(1) must be determined in accordance with section 93CC(1)44. Accident Compensation Act 1985 - SECT 114C Time for payment 114C. Time for payment (1) If a Conciliation Officer directs, or the Magistrates' Court or the County Court determines, that weekly payments are payable by the Authority or self-insurer and the Authority or self-insurer has not already commenced payment, the Authority or self-insurer must commence payment within 7 days after the direction or determination. (2) On the commencement of payment under subsection (1), the Authority or self-insurer must pay an amount equal to any outstanding weekly payments to the worker. (3) If the Authority, a self-insurer or an employer accepts a claim for weekly payments, payments including amounts payable under section 114E must commence to be paid within 7 days after the claim is accepted. (4) If a Conciliation Officer directs or the Magistrates' Court or the County Court determines, that weekly payments be made, section 114E applies and the entitlement of the worker to weekly payments commences on the date specified by the Conciliation Officer or by the Magistrates' Court or the County Court. Accident Compensation Act 1985 - SECT 114D Payment of weekly payments 114D. Payment of weekly payments (1) If a worker is entitled to weekly payments, the Authority unless the Authority determines otherwise, must make the payments to the worker's employer. (2) If an employer is notified by the Authority that a worker is entitled to weekly payments, the employer must make weekly payments to the worker. (3) If an employer is required to make a payment of weekly payments before the employer receives the payment from the Authority, the employer must be reimbursed by the Authority. (4) If an employer to whom subsection (3) applies does not apply within 3 months after making the payment of weekly payments to a worker for reimbursement by the Authority, the Authority is not required to reimburse the employer but may do so if satisfied that the employer's delay in making the application was reasonable. (5) If the Authority does not reimburse the employer in respect of a payment referred to in subsection (3) within the prescribed period, the Authority is liable to pay the employer interest at the prescribed rate on the amount of the payment until the Authority reimburses the employer in respect of the payment. (6) A weekly payment must be made to a worker- (a) before the expiry of 7 days after the end of the week in respect of which it is payable; or (b) if the worker would be paid less frequently if the worker were at work, at such time or at such intervals as he or she would be paid if at work. (7) A weekly payment may be made by post by properly addressing, prepaying and posting to the worker a letter containing a cheque for the amount of the weekly payment. (8) A weekly payment made in accordance with subsection (7) is deemed to have been made when the letter was posted. (9) The liability to a worker is not satisfied until the worker receives the weekly payment. (10) In subsections (1) to (5) employer means a person who is or has been an employer of the worker and whom the Authority determines to be the employer for the purposes of this section but does not include a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. Accident Compensation Act 1985 - SECT 114E Outstanding weekly payments 114E. Outstanding weekly payments (1) The amount of outstanding weekly payments and interest at the prescribed rate on each outstanding weekly payment are payable to the worker in the following circumstances and in respect of the periods specified in relation thereto- (a) if a Conciliation Officer directs that weekly payments be commenced or continued to be paid at the current rate or increased, from the day- (i) on which incapacity commenced; or (ii) on which weekly payments were terminated or altered; or (iii) on which the worker's application to increase the amount of weekly payments was received by the Authority or self-insurer- until the day on which the direction is revoked or payments are commenced, continued or increased, whichever is the earlier; (b) subject to subsection (1A), if a decision to reject a claim for weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the incapacity commenced until the day on which the decision is set aside; (c) subject to subsection (1A), if a decision to terminate or reduce weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the decision took effect until the day on which the decision is set aside; (d) subject to subsection (1A), if a decision to reject an application by a worker to increase the amount of weekly payments is set aside by the Magistrates' Court or the County Court, from a day determined by the Magistrates' Court or the County Court until the day on which the decision is set aside; (e) if an employer, the Authority or a self-insurer fails to make any weekly payment as and when required by the Act to be made to a worker, from the day after the payment was required to be made until the day before the payment is made. (1A) If a worker has not made an application to the Magistrates' Court or the County Court within one year of being notified by a Conciliation Officer under section 59(4) that the Conciliation Officer is satisfied that there is a genuine dispute with respect to the liability to make or continue to make weekly payments and that an application may be made to the Magistrates' Court or the County Court to determine the matter, interest is not payable under subsection (1) in respect of the period beginning after the expiry of one year after that date and ending on the day on which the application is made. (2) If an employer is responsible for making weekly payments to a worker, the Authority, must pay the employer the amount of any outstanding weekly payments payable under subsection (1). (3) Subsection (2) does not apply to a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. Accident Compensation Act 1985 - SECT 114F Recovery of payments 114F. Recovery of payments (1) The Authority or a self-insurer may recover from a worker, an employer or any other person any payment of compensation or other amount to which the worker, employer or other person is not entitled. (2) The Authority may recover from an employer the amount of any penalty or cost incurred by the Authority as a result of the employer failing to pay compensation as required by the Act. Division 3A-Voluntary settlements Subdivision 1-Settlements for certain serious injuries suffered on or after 12 November 1997 and before 20 October 1999 Accident Compensation Act 1985 - SECT 115 Who this Subdivision applies to 115. Who this Subdivision applies to This Subdivision applies to a worker- (a) who suffered an injury arising out of, or in the course of, or due to the nature of, employment on or after 12 November 1997 and before 20 October 1999; and (b) who is receiving weekly payments of compensation in respect of the injury, or who would be entitled to receive such payments but for the operation of section 96(2); and (c) who has been assessed in respect of the injury as having no current work capacity and as likely to continue indefinitely to have no current work capacity; and (d) who has received weekly payments in respect of the injury for at least 104 weeks; and (e) who has been assessed, in accordance with sections 91 and 115C, as having a 30% or more degree of impairment in respect of the injury. Accident Compensation Act 1985 - SECT 115A Right to apply for settlement 115A. Right to apply for settlement (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than section 99) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. Note Although this Subdivision is intended to come into operation on the day after the Accident Compensation (Amendment) Act 2001 receives the Royal Assent, section 119(3) will have the effect of delaying the application process under this Subdivision. The process can be delayed from starting until a date that can be no later than 1 July 2002. Accident Compensation Act 1985 - SECT 115B Calculation of settlement amount 115B. Calculation of settlement amount (1) The amount of the settlement is the amount resulting from applying the following formula- where- A is- (a) if a declaration under subsection (2) is not in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date less the amount that must be withheld from that payment for the purposes of the Pay as you go system under Schedule 1 to the Taxation Administration Act 1953 of the Commonwealth; or (b) if a declaration under subsection (2) is in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date. B is the number in Column 2 of Schedule 1 opposite the number in Column 1 of that Schedule corresponding to the worker's age in years on his or her birthday next following- (a) if the worker is not receiving payments as a result of the operation of section 96(2), the day after the specified period defined in section 96(3) expires; or (b) in any other case, the notification date. (2) The Minister may, by Order published in the Government Gazette, declare that the meaning of "A" in the formula set out in subsection (1) is the meaning set out in paragraph (b) of the definition of A. Note The purpose of this provision is to enable the Minister to respond to possible policy changes in relation to the taxation of settlement payments by the Commonwealth Government. (3) A declaration takes effect on the day after the Order is published, or on any later day specified in the Order. (4) In this section notification date means the day on which the Authority or self-insurer receives an expression of interest from the worker under section 119. Accident Compensation Act 1985 - SECT 115C Procedure for assessment of impairment 115C. Procedure for assessment of impairment For the purposes of section 115(e)- (a) the worker must- (i) have made a claim for compensation under section 98C; and (ii) have had the degree of his or her impairment assessed under section 104B; and (b) either- (i) the worker must have advised the Authority or self-insurer under section 104B(7) that he or she accepts the assessments; or (ii) the assessments must have been referred to a Medical Panel under section 104B(9) and the Medical Panel must have given its opinion in relation to the assessments. Accident Compensation Act 1985 - SECT 115D Notice to worker 115D. Notice to worker (1) This section applies if the Authority or self-insurer is of the opinion that a worker satisfies the requirements set out in paragraphs (a), (c), (d) and (e) of section 115. (2) The Authority or self-insurer may give the worker a written notice advising him or her- (a) that it is of that opinion, as at the date of the notice; and (b) that he or she may be eligible to apply for a settlement under this Subdivision. (3) The Authority or self-insurer may only give a notice under this section on or after the relevant date (as defined in section 115E(1)). Accident Compensation Act 1985 - SECT 115E Existing assessments to be used 115E. Existing assessments to be used (1) In this section relevant date means the earliest date an expression of interest in applying for a settlement under this Subdivision may be lodged under section 119(3). (2) This section applies if, before the relevant date- (a) a worker had the degree of his or her impairment assessed under section 104B; and (b) either- (i) the worker has advised the Authority or self-insurer under section 104B(7) that he or she accepts the assessments; or (ii) the assessments have been referred to a Medical Panel under section 104B(9) and the Medical Panel has given its opinion in relation to the assessments. (3) Subject to sections 115F and 115G, the assessments are deemed to be assessments for the purposes of this Subdivision. Accident Compensation Act 1985 - SECT 115F Transitional provision for workers who have had psychiatric impairment assessed 115F. Transitional provision for workers who have had psychiatric impairment assessed (1) This section applies if- (a) section 115E applies; and (b) the worker has had the degree of his or her impairment assessed under section 104B and the assessment process included an assessment of psychiatric impairment in accordance with section 91; and (c) either- (i) the worker has advised the Authority or self-insurer under section 104B(7) that he or she accepts the assessments; or (ii) the assessments have been referred to a Medical Panel under section 104B(9) and the Medical Panel has given its opinion in relation to the assessments. (2) The Authority or self-insurer must combine the assessment for psychiatric impairment with the assessments for any other impairments that were assessed, using the combination tables in the A.M.A. Guides. (3) The result obtained by combining the assessments is the assessment for the purposes of this Subdivision. (4) In this section A.M.A. Guides has the same meaning as it has in section 91(8). Accident Compensation Act 1985 - SECT 115G Transitional provisions for workers who have not had psychiatric impairment assessed 115G. Transitional provisions for workers who have not had psychiatric impairment assessed (1) This section applies if section 115E applies, but no assessment was made of any psychiatric impairment of the worker. (2) The worker may apply to the Authority or self-insurer in writing for an assessment under section 104B of his or her degree of permanent psychiatric impairment for the purposes of this Subdivision. (3) An application under subsection (2) must be made in a form approved by the Authority. (4) For the purposes of this section, sections 104B(2), 104B(3), 104B(4) and 104B(11) apply as if a reference in those sections to a claim was a reference to the application. (5) The purpose of a further assessment under this section is- (a) to assess the degree of the worker's permanent psychiatric impairment in accordance with section 91; and (b) if such an impairment exists, to combine the assessment for the psychiatric impairment with the assessments for any other impairments that were assessed in the initial assessments, using the combination tables in the A.M.A. Guides to obtain a result for the purposes of this Subdivision. (6) The result of a further assessment under this section is the assessment for the purposes of this Subdivision. (7) During a further assessment, any result of the initial assessment- (a) must not be re-assessed; and (b) must be adopted for the purposes of subsection (5)(b). (8) For the purposes of subsection (5), the only medical question that may be referred to a Medical Panel under section 104B(9) is a question as to the worker's degree of permanent psychiatric impairment in accordance with section 91 resulting from the injury. (9) The results of any further assessments made under this section can only be used for the purposes of this section. (10) In this section A.M.A. Guides has the same meaning as it has in section 91(8). Accident Compensation Act 1985 - SECT 115H Certain workers may re-start section 98C claim 115H. Certain workers may re-start section 98C claim (1) In this section relevant date has the same meaning as it has in section 115E(1). (2) This section applies if a worker submitted a claim for compensation under section 98C before the relevant date, but had not, before that date, either- (a) advised the Authority or self-insurer under section 104B(7) that he or she accepts assessments under section 104B of the degree of his or her impairment; or (b) had such assessments referred to the Medical Panel under section 104B(9) and had the Medical Panel give its opinion in relation to the assessments. (3) The worker may, by notice in writing given to the Authority or self-insurer, withdraw his or her claim. (4) If a worker withdraws a claim under this section, he or she may submit a new claim under section 98C as if it was the first claim he or she was submitting in respect of the injury under that section. Accident Compensation Act 1985 - SECT 115I Continuation of existing claims 115I. Continuation of existing claims (1) In this section relevant date has the same meaning as it has in section 115E(1). (2) This section applies if section 115H applies to a worker, but the worker does not withdraw his or her claim in accordance with that section. (3) Sections 115E(3), 115F and 115G apply in respect of any assessments of the degree of the worker's impairment made for the purposes of section 104B before the relevant date. (4) Any assessments that are still to be made are to be made under section 104B as amended by section 6 of the Accident Compensation (Amendment) Act 2001. Subdivision 2-Settlements for certain injuries suffered on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992 Accident Compensation Act 1985 - SECT 116 Who this Subdivision applies to 116. Who this Subdivision applies to (1) This Subdivision applies to a worker- (a) who suffered an injury arising out of, or in the course of, or due to the nature of, employment on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992; and (b) who was- (i) on 3 September 2001; and (ii) on the notification date- receiving weekly payments of compensation in respect of the injury, or who would have been entitled to receive such payments on both of those dates but for the operation of section 96(2); and (c) who has been assessed in respect of the injury as having either- (i) no current work capacity and as likely to continue indefinitely to have no current work capacity; or (ii) a serious injury within the meaning of section 93B(5); and (d) who had, as at 3 September 2001, received weekly payments in respect of the injury for at least 104 weeks. (2) In this section notification date means the date on which the Authority or self-insurer receives an expression of interest from the worker under section 119. Accident Compensation Act 1985 - SECT 116A Right to apply for settlement 116A. Right to apply for settlement (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than section 99) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. Note Although this Subdivision is intended to come into operation on the day after the Accident Compensation (Amendment) Act 2001 receives the Royal Assent, section 119(4) will have the effect of delaying the application process under this Subdivision. The process can be delayed from starting until a date that can be no later than 1 July 2002. Accident Compensation Act 1985 - SECT 116B Calculation of settlement amount 116B. Calculation of settlement amount The amount of the settlement is to be calculated in accordance with the relevant method set out in an Order in Council made under section 116C. Accident Compensation Act 1985 - SECT 116C Order in Council concerning settlements 116C. Order in Council concerning settlements (1) The Governor in Council, may by Order made on the recommendation of the Minister, specify how settlement amounts are to be determined for the purposes of this Subdivision. (2) The Minister must not recommend the making of an Order unless the Minister certifies in writing that, in his or her opinion, the making of the Order- (a) is consistent with ensuring that the accident compensation scheme is managed as effectively, efficiently and economically as is possible; and (b) is not likely to adversely affect the competitiveness of the scheme; and (c) is not likely to interfere with the scheme being fully-funded. (3) An Order, and the certificate of the Minister, must be published in the Government Gazette. (4) An Order takes effect on the day after it is published in the Government Gazette, or on any later day specified in the Order. (5) On taking effect, an Order has the like force and effect as if it were expressly enacted in this Act. Subdivision 3-Other settlements in specific circumstances Accident Compensation Act 1985 - SECT 117 Who this Subdivision applies to 117. Who this Subdivision applies to This Subdivision applies to a worker who is receiving, or who is entitled to receive, compensation under this Act (other than section 99) if- (a) the claim for the payment of weekly payments was received by the Authority or a self-insurer before 1 January 2005 and the worker- (i) is over the age of 55 years; and (ii) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and (iii) has been receiving weekly payments for at least 104 weeks; or (aa) the claim for the payment of weekly payments was received by the Authority or self-insurer on or after 1 January 2005 and the worker- (i) is over the age of 55 years; and (ii) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and (iii) has been receiving weekly payments for at least 130 weeks; or (b) the worker- (i) has a serious injury within the meaning of section 93B(5); and (ii) has been receiving weekly payments for at least 104 weeks. Accident Compensation Act 1985 - SECT 117A Right to apply for settlement 117A. Right to apply for settlement (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than section 99) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. Accident Compensation Act 1985 - SECT 117B Amount of settlement 117B. Amount of settlement (1) The amount of the settlement is the amount resulting from applying the following formula- where- A is- (a) if a declaration under subsection (2) is not in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date less the amount that must be withheld from that payment for the purposes of the Pay as you go system under Schedule 1 to the Taxation Administration Act 1953 of the Commonwealth; or (b) if a declaration under subsection (2) is in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date. C is the number in Column 3 of Schedule 1 opposite the number in Column 1 of that Schedule corresponding to the worker's age in years on his or her birthday next following- (a) if the worker is not receiving payments as a result of the operation of section 96(2), the day after the specified period defined in section 96(3) expires; or (b) in any other case, the notification date. (2) The Minister may, by Order published in the Government Gazette, declare that the meaning of "A" in the formula set out in subsection (1) is the meaning set out in paragraph (b) of the definition of A. Note The purpose of this provision is to enable the Minister to respond to possible policy changes in relation to the taxation of settlement payments by the Commonwealth Government. (3) A declaration takes effect on the day after the Order is published, or on any later day specified in the Order. (4) In this section notification date means the day on which the Authority or self-insurer receives an expression of interest from the worker under section 119. Accident Compensation Act 1985 - SECT 117C Transitional provision concerning applications under former section 115(1)(a) 117C. Transitional provision concerning applications under former section 115(1)(a) (1) In this section relevant date means the day after the day on which the Accident Compensation (Amendment) Act 2001 receives the Royal Assent. (2) Any application that was made under section 115(1)(a) as in force immediately before the relevant date and that had not been determined before that date- (a) is deemed to be the giving, on the date the application was received by the Authority or self-insurer, of an expression of interest in applying for a settlement under this Subdivision; and (b) is to be dealt with on the basis of this Act as amended by Part 2 of the Accident Compensation (Amendment) Act 2001. Accident Compensation Act 1985 - SECT 117D Transitional provision concerning former section 115(1)(b) claims 117D. Transitional provision concerning former section 115(1)(b) claims (1) In this section relevant date has the same meaning as it has in section 117C(1). (2) Regulation 17 of the Accident Compensation Regulations 2001 is revoked. (3) Any application made under regulation 17 or 25 of the Accident Compensation Regulations 1990 that had not been determined before the relevant date- (a) is deemed to be the giving, on the date the application was received by the Authority or self-insurer, of an expression of interest in applying for a settlement under this Subdivision; and (b) is to be dealt with on the basis of this Act as amended by Part 2 of the Accident Compensation (Amendment) Act 2001. Accident Compensation Act 1985 - SECT 117E Qualification concerning operation of sections 117C and 117D 117E. Qualification concerning operation of sections 117C and 117D (1) In this section relevant date has the same meaning as it has in section 117C(1). (2) Despite sections 117C(2) and 117D(3), the Authority or self-insurer is not required to give the worker a response under section 119B until it receives any documents required by section 119(2)(b). (3) As soon as is practicable after the relevant date, the Authority or self-insurer must advise the worker in writing of the effect of section 117C(2) or 117D(3) (as the case may be) and of subsection (2). Accident Compensation Act 1985 - SECT 117F Further qualification concerning operation of sections 117C and 117D 117F. Further qualification concerning operation of sections 117C and 117D (1) Despite sections 117C(2) and 117D(3), if a worker who made an application referred to in either of those sections is, or may be, a worker to whom Subdivision 1 or 2 applies, the Authority or self-insurer must not proceed any further with the application unless- (a) the Authority or self-insurer advises the worker that he or she is, or may be, eligible to apply for a settlement under Subdivision 1 or 2 and should obtain advice in relation to that matter; and (b) the worker advises the Authority or self-insurer in writing that he or she wishes the Authority or self-insurer to proceed with the application. (2) The worker may withdraw the application at any time before the worker gives the Authority or self-insurer advice under subsection (1)(b) without prejudice to his or her right to make an application under Subdivision 1 or 2. Accident Compensation Act 1985 - SECT 117G Exception to sections 117C(2) and 117D(3) 117G. Exception to sections 117C(2) and 117D(3) (1) Sections 117C(2) and 117D(3) do not apply to an application that was received- (a) by the Authority on or before 3 November 2000; or (b) by a self-insurer before 28 November 2000. (2) Applications received before the relevant date specified in subsection (1) are to be dealt with on the basis of this Act as in force immediately before the commencement of section 3 of the Accident Compensation (Amendment) Act 2001. Subdivision 4-Other settlements Accident Compensation Act 1985 - SECT 118 Application of this Subdivision 118. Application of this Subdivision This Subdivision applies if- (a) a worker is receiving, or is entitled to receive, compensation under this Act (other than section 99) with respect to an injury; and (b) the regulations state that the worker may apply for the settlement of his or her entitlement under the Act (other than section 99) in any particular circumstances specified by the regulations. Accident Compensation Act 1985 - SECT 118A Right to apply for settlement 118A. Right to apply for settlement (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than section 99) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. Accident Compensation Act 1985 - SECT 118B Amount of settlement 118B. Amount of settlement The amount of the settlement is to be calculated in accordance with the relevant method set out in an Order in Council made under section 118C. Accident Compensation Act 1985 - SECT 118C Order in Council concerning settlements 118C. Order in Council concerning settlements (1) The Governor in Council, may by Order, specify how settlement amounts are to be determined for the purposes of this Subdivision. (2) The Minister must not recommend the making of an Order unless the Minister certifies in writing that, in his or her opinion, the making of the Order- (a) is consistent with ensuring that the accident compensation scheme is managed as effectively, efficiently and economically as is possible; and (b) is not likely to adversely affect the competitiveness of the scheme; and (c) is not likely to interfere with the scheme being fully-funded. (3) An Order, and the certificate of the Minister, must be published in the Government Gazette. (4) An Order takes effect on the day after it is published in the Government Gazette, or on any later day specified in the Order. (5) On taking effect, an Order has the like force and effect as if it were expressly enacted in this Act. Subdivision 5-Application procedure Accident Compensation Act 1985 - SECT 119 Expression of interest must first be given 119. Expression of interest must first be given (1) Before applying for a settlement under this Division, a worker must give a written expression of interest in applying for the settlement- (a) if the liability to pay compensation lies with a self-insurer, to the self-insurer; or (b) in any other case, to the Authority. (2) An expression of interest is only valid if- (a) on the date it is given, the worker is eligible to apply for the settlement; and (b) it is accompanied by any documents in relation to the identity and date of birth of the worker that are required by a direction of the Minister under section 119L. (3) An expression of interest in applying for a settlement under Subdivision 1 is only valid if it is given on or after whichever of these dates occurs first- (a) the date specified for the purposes of this subsection by the Minister in a notice published in the Government Gazette; or (b) 1 July 2002. (4) An expression of interest in applying for a settlement under Subdivision 2 is only valid if it is given on or after whichever of these dates occurs first- (a) the date specified for the purposes of this subsection by the Minister in a notice published in the Government Gazette; or (b) 1 July 2002. Accident Compensation Act 1985 - SECT 119A Time limits apply to some expressions of interest 119A. Time limits apply to some expressions of interest (1) A worker who is entitled to apply for a settlement under Subdivision 1 and who is given a notice under section 115D must give the Authority or self-insurer an expression of interest before the expiry of 12 months from the date the notice was given to the worker. (2) A worker who is entitled to apply for a settlement under Subdivision 2 must give the Authority or self-insurer an expression of interest before the expiry of 3 months from the earliest date a valid expression of interest in applying for a settlement under that Subdivision may be lodged under section 119(4). (3) If a worker fails to comply with subsection (1), the worker ceases to be entitled to apply for a settlement under Subdivision 1. (4) If a worker fails to comply with subsection (2), the worker ceases to be entitled to apply for a settlement under Subdivision 2. Accident Compensation Act 1985 - SECT 119B Authority or self-insurer must respond to expression of interest 119B. Authority or self-insurer must respond to expression of interest (1) On receiving an expression of interest in applying for a settlement from a worker, the Authority or self-insurer must give the worker a written response to the expression of interest. (2) If the Authority or self-insurer is of the opinion that the worker is eligible to apply for the settlement, the response must include- (a) a statement of that opinion; and (b) a statement of the amount that the worker is eligible to receive under this Division if he or she applies for the settlement and an offer of settlement is made; and (c) a statement that the Authority or self-insurer will not grant an application unless the worker obtains legal and financial advice as specified in any relevant direction of the Minister under section 119L, and a copy of any such direction; and (d) a statement- (i) that the Authority or self-insurer will pay the reasonable costs of the worker in obtaining the legal and financial advice; and (ii) of the maximum amount that will be paid with respect to the advice; and (iii) of when and how the costs of the advice will be paid; and (e) a statement that sets out the period within which the application must be made and that states the consequences if an application is not made within that time. (3) If the Authority or self-insurer is of the opinion that the worker is not eligible to apply for the settlement, the response must include- (a) a statement of that opinion; and (b) a statement of the reasons why the Authority or self-insurer is of that opinion. Accident Compensation Act 1985 - SECT 119C Application for settlement 119C. Application for settlement (1) This section applies if a worker is given a response from the Authority or a self-insurer under section 119B(2). (2) The worker may apply to the Authority or self-insurer for the settlement. (3) The application must- (a) be made in writing; and (b) be accompanied by any certificate required by any direction of the Minister under section 119L. Accident Compensation Act 1985 - SECT 119D Time limit for making applications 119D. Time limit for making applications (1) A worker wishing to apply for a settlement must do so before the expiry of 6 months from the date the Authority or self-insurer gives him or her a response under section 119B(2). (2) If a worker who is entitled to apply for a settlement under Subdivision 1 or 2 fails to comply with subsection (1), the worker ceases to be entitled to apply for a settlement under that Subdivision. (3) If a worker who is entitled to apply for a settlement under Subdivision 3 or 4 fails to comply with subsection (1), the worker is not entitled to apply for a settlement under that Subdivision until he or she gives the Authority or self-insurer another expression of interest in applying for a settlement and is given another response under section 119B(2). Accident Compensation Act 1985 - SECT 119E Authority or self-insurer must respond to application 119E. Authority or self-insurer must respond to application (1) On receiving an application for settlement from a worker that complies with this Division, the Authority or self-insurer must decide whether it will offer a settlement to the worker. (2) On making the decision, the Authority or self-insurer must give the worker written notice of the decision. (3) If the Authority or self-insurer decides to offer a settlement to the worker, the notice must include an offer to settle for the amount advised under section 119B(2)(b). (4) If the Authority or self-insurer decides not to offer a settlement to the worker, the notice must include a statement of the reasons why a settlement will not be offered to the worker. (5) A worker- (a) who applied for a settlement under Subdivision 1 or 2; and (b) who is given a notice under subsection (4)- ceases to be entitled to apply for a settlement under that Subdivision in respect of the injury. Accident Compensation Act 1985 - SECT 119F Time limit on response to offer 119F. Time limit on response to offer (1) If a worker wishes to accept an offer of settlement made by the Authority or a self-insurer, he or she must give the Authority or self-insurer a written notice accepting the offer before the expiry of 28 days from the date the offer was given to him or her. (2) If a worker rejects the offer, or fails to accept the offer within that 28 day period, the application lapses and the worker ceases to be entitled to apply for a settlement under this Division in respect of the injury. Accident Compensation Act 1985 - SECT 119G Payment and nature of settlement amounts 119G. Payment and nature of settlement amounts (1) If a worker accepts an offer of settlement, the Authority or self-insurer must make the settlement payment within the time (if any) required by any direction of the Minister under section 119L. (2) A settlement payment under this Division is a capital sum for loss of earning capacity. Accident Compensation Act 1985 - SECT 119H Adjustment of settlement amount offers 119H. Adjustment of settlement amount offers (1) This section applies if the Authority or a self-insurer becomes aware at any time after providing the response required by section 119B, and before paying the worker a settlement amount, that the amount specified as the settlement amount in the response does not comply with this Division. (2) The Authority or self-insurer must, as soon as is practicable after becoming aware that the proposed settlement amount does not comply with this Division, give the worker- (a) a notice advising the worker that the proposed amount does not comply with this Division and explaining the effect of this section; and (b) an amended written response complying with section 119B. (3) For the purposes of section 119D(1), the relevant date is the date the worker was given the last amended response. (4) If- (a) the reason why a proposed settlement amount no longer complies with this Division is the coming into effect of a declaration made under section 115B(2) or 117B(2); and (b) the worker has obtained legal or financial advice in respect of a response from the Authority or self-insurer that has been amended under this section; and (c) the settlement amount specified in the amended response is more than- (i) 5% greater than the last settlement amount previously advised; and (ii) $5 000 greater than that last amount- the worker is entitled to obtain further legal or financial advice at the expense of the Authority or self-insurer. (5) In any other case, if- (a) a worker has obtained financial advice in respect of a response from the Authority or self-insurer that has been amended under this section; and (b) the settlement amount specified in the amended response is more than- (i) 5% greater or less than the last settlement amount previously advised; and (ii) $5 000 greater or less than that last amount- the worker is entitled to obtain further financial advice at the expense of the Authority or self-insurer. (6) If the worker is given an amended response after- (a) the worker has applied for a settlement; or (b) the worker has been offered a settlement; or (c) the worker has accepted an offer of settlement- the application, offer or acceptance is to be treated as if it was for a settlement for the amount set out in the amended response, unless the worker gives the Authority or self-insurer a written notice, before the expiry of 42 days from the date the worker is given the amended response, stating that he or she withdraws the application or acceptance or rejects the offer (as the case may be). (7) A worker to whom subsection (6) applies may give the Authority or self-insurer a written notice before the expiry of 42 days from the date the worker is given the amended response accepting an amended offer, or stating that he or she wishes the application or acceptance to proceed (as the case may be) on the basis of the amended amount. (8) The Authority or self-insurer must give effect to a notice given to it under subsection (7). (9) The rights conferred on a worker by subsection (6) are in addition to any rights conferred on the worker by section 119I(1). Accident Compensation Act 1985 - SECT 119I Worker may withdraw application at any time 119I. Worker may withdraw application at any time (1) A worker who has applied for a settlement under this Division may withdraw the application at any time before an offer is made by giving the Authority or self-insurer written notice of the withdrawal. (2) If a worker who is entitled to apply for a settlement under Subdivision 1 or 2 withdraws an application, the worker ceases to be entitled to apply for a settlement under that Subdivision. Accident Compensation Act 1985 - SECT 119IA Circumstances in which offer may be withdrawn or settlement avoided 119IA. Circumstances in which offer may be withdrawn or settlement avoided (1) If this section applies, the Authority or a self-insurer may- (a) withdraw an offer of settlement made to the worker under this Division before the worker has accepted the offer of settlement; (b) if the worker has accepted the offer of settlement made to the worker under this Division and the settlement payment has not been made, avoid the settlement. (2) This section applies if a worker applying for a settlement under this Division has made a fraudulent or reckless misrepresentation relating to his or her circumstances or any change in his or her circumstances which would have been material to the decision of the Authority or self-insurer under section 119E whether or not to offer a settlement to the worker. (3) Without limiting the generality of subsection (2), the circumstances include- (a) the worker ceases to satisfy any of the eligibility criteria specified in section 115, 116, 117 or 118; (b) the worker is serving a sentence of imprisonment which would disentitle the worker to weekly payments in accordance with section 97(7); (c) the worker becomes aware that any other ground for the termination of weekly payments in accordance with section 114 applies but weekly payments have not been terminated. Accident Compensation Act 1985 - SECT 119J Preclusion of further claims 119J. Preclusion of further claims (1) A person who accepts a settlement under Subdivision 1 or 2 is not entitled, after accepting the settlement- (a) to any further compensation or other payment under this Act (other than section 99); or (b) to recover damages in any proceedings against- (i) a person whom the Authority is liable to indemnify under section 134; or (ii) the Authority under section 134(8); or (iii) an employer who is a self-insurer or a subsidiary of a self-insurer; or (iv) an employer or the Authority; or (v) a person whom the Authority is liable to indemnify under the Accident Compensation (WorkCover Insurance) Act 1993; or (vi) the Authority under the Accident Compensation (WorkCover Insurance) Act 1993- in respect of the injury, any recurrence of the injury (other than a recurrence resulting from, or that is materially contributed to by, any employment engaged in after the date of the settlement) or any other injury arising out of, or in the course of, or due to the nature of, or contributed to by, any employment in which the person engaged before the date of the settlement. (2) Despite subsection (1), the person remains entitled- (a) to compensation for medical and the like services under section 99 in respect of the injury; and (b) to compensation and damages in respect of any injury that was caused to the worker before the date of the settlement if that injury was not manifest on or before the date of the settlement; and (c) to compensation under section 98, 98A 98C or 98E in respect of- (i) an injury other than the injury to which the settlement relates; or (ii) a recurrence of the injury to which the settlement relates (being an injury arising out of, or in the course of, or due to the nature of, or contributed to by, employment in which the person engaged before the date of the settlement)- if the claim for that compensation had been given, served or lodged before the date on which the person's application for the settlement was given to the Authority or self-insurer. (3) A person who accepts a settlement under Subdivision 3 or 4 is not entitled, after accepting the settlement- (a) to any further compensation or other payment under this Act (other than section 99); or (b) to recover damages in any proceedings against- (i) a person whom the Authority is liable to indemnify under section 134; or (ii) the Authority under section 134(8); or (iii) an employer who is a self-insurer or a subsidiary of a self-insurer; or (iv) an employer or the Authority; or (v) a person whom the Authority is liable to indemnify under the Accident Compensation (WorkCover Insurance) Act 1993; or (vi) the Authority under the Accident Compensation (WorkCover Insurance) Act 1993- in respect of the injury, or in respect of any recurrence of the injury, other than a recurrence resulting from, or materially contributed to by, employment engaged in after the date of the settlement. (4) Nothing in this section is intended to preclude or interfere with any right a person may have to recover compensation under the Sentencing Act 1991. (5) In this section, recurrence includes aggravation, acceleration, exacerbation, or deterioration. Accident Compensation Act 1985 - SECT 119K Authority or self-insurer may extend or waive time limits 119K. Authority or self-insurer may extend or waive time limits (1) The Authority or a self-insurer may extend or waive any time limit specified in this Division (including a time limit imposed under subsection (4)) as it applies to a worker, on the written application of the worker. (2) The Authority or self-insurer may only extend or waive such a time limit if it is satisfied that the worker's failure to meet the time limit was due to special circumstances. (3) An application for the waiver of a time limit may be made at any time, either before or after the limit has expired. (4) In extending or waiving a time limit, the Authority or self-insurer must specify in writing a new time limit within which the relevant act must be done. (5) If the Authority or self-insurer extends or waives a time limit- (a) in the case of an extension, or a waiver that is granted before the time limit expires, the worker's entitlement to apply for a settlement on the expiration of that time limit does not cease on the expiration of that time limit; and (b) in the case of a waiver, any entitlement to apply for a settlement that ceased on the expiry of the time limit is revived; and (c) in the case of a worker seeking a settlement under Subdivision 1 or 2, the entitlement to apply for the settlement is to cease if the worker does not do the relevant act before the expiry of the time limit specified under subsection (4). Accident Compensation Act 1985 - SECT 119L Minister may issue directions 119L. Minister may issue directions (1) The Minister may issue written directions that- (a) require an expression of interest under section 119 to be accompanied by proof of the identity and date of birth of the worker giving the expression of interest; (b) specify what documents may be used to satisfy such a requirement; (c) specify the legal and financial issues in relation to a proposed settlement on which a worker must receive advice before being eligible to apply for the settlement; (d) specify the categories of people from whom the advice may be received, or specify that the advice must be obtained from a person holding a specified minimum qualification; (e) specify the form of certificates to be completed by legal and financial advisors to provide evidence that any advice required by a direction made under this section has been given; (f) specify when and how the Authority or a self-insurer is to pay or reimburse a worker in relation to the worker obtaining legal and financial advice in relation to a proposed settlement; (g) specify the maximum amounts that the Authority or a self-insurer is liable to pay a worker in respect of such advice; (h) require a worker to provide a copy to the Authority or self-insurer of any advice obtained for the purposes of this Division, but only for the purpose of enabling a determination of the reasonable cost of the advice to be made; (i) specify the form in which an application for settlement is to be made; (j) require the Authority or a self-insurer to pay the settlement amount to a worker within a specified period after the worker accepts the settlement offer; (k) specify that the Authority, self-insurer or a worker do anything else that is necessary or expedient to enable settlements under this Division to be dealt with fairly and efficiently. (2) A direction must be published in the Government Gazette. (3) The Minister may amend or revoke a direction by publishing the amendment or revocation in the Government Gazette. (4) A direction, amendment or revocation takes effect on the day after it is published in the Government Gazette, or on any later day specified in the direction, amendment or revocation. (5) A person to whom a direction applies must comply with the direction. * * * * * * * * * * * * * * * * * * * * * * * * * Division 3C-General * * * * * Accident Compensation Act 1985 - SECT 123 Return to work 123. Return to work (1) When- (a) a worker who has been receiving weekly payments for no current work capacity returns to work with the employer in whose employment the injury occurred or an employer who knows that the worker has been receiving payments; or (b) there is a change in the weekly earnings of a worker who has been receiving weekly payments for current work capacity- the employer must notify the Authority. (2) If a person who has been receiving weekly payments directly from the Authority returns to any work (whether as a worker or otherwise), the person must immediately notify the Authority of the return to work. (3) If a worker who has been receiving weekly payments for no current work capacity returns to any work whether as a self-employed person or in employment whether in receipt of current weekly earnings or not with an employer other than the employer in whose employment the injury occurred, the worker must immediately notify the employer in whose employment the injury occurred of the return to work. (4) Subsection (1) does not apply to a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. Accident Compensation Act 1985 - SECT 123A Notice to include statement of right of review 123A. Notice to include statement of right of review Where the Authority or a self-insurer gives a notice under this Part to a worker or claimant, the notice must include a statement of any right of the worker or claimant to apply for conciliation or review of any decision to which the notice relates. Accident Compensation Act 1985 - SECT 123B Prohibition on recovery of certain costs 123B. Prohibition on recovery of certain costs A person is not entitled to recover any costs in respect of assisting a person to make, lodge or forward any application or claim for compensation under this Act. Division 4-Liability for payment of compensation Accident Compensation Act 1985 - SECT 124 Application of Division 124. Application of Division This Division does not apply to an employer who is a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. Accident Compensation Act 1985 - SECT 125 Liability to pay compensation 125. Liability to pay compensation (1AAA) This section does not apply to the liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 4 p.m. on 30 June 1993. (1) Where a worker or a worker's dependants are entitled to compensation, the liability to pay compensation shall be assumed- (a) if the total amount of leviable remuneration paid or payable by an employer during a financial year exceeds the amount which is twice the exemption limit within the meaning of section 180-by the worker's employer in the case of- (i) weekly payments in respect of a worker who has no current work capacity or has a current work capacity, being a full-time worker for the first five days of the period of incapacity resulting from the relevant injury; and (ii) a proportion of the weekly payments in respect of a worker who has no current work capacity or has a current work capacity who is not a full-time worker with that employer for the first five days of the period of incapacity resulting from the relevant injury; and (iii) payment of the first $506 of the reasonable costs referred to in section 99(1)(a) in relation to the relevant injury; and (b) in all other cases-by the Authority. (1A) If a worker is employed by more than one employer at the time of the injury and is injured while travelling between one place of employment and another the liability to pay compensation under subsection (1)(a) is to be assumed as follows: (a) Each employer providing those places of employment shares the liability in the same proportion as the number of hours per week worked by the worker for that employer bears to the total number of hours per week worked by the worker for all of his or her employers; (b) The Authority is to meet any liability remaining after the two employers have shared the liability in accordance with paragraph (a). (1AA) If a worker who has been receiving weekly payments returns to work, an employer of the worker is not liable to make payments under subsection (1)(a) in respect of any injury to the worker occurring within the first twelve months after the worker returns to work. (2) A payment or payments made by an employer to a worker to discharge the employer's liability under subsection (1)(a) shall not prejudice the determination of the liability of the Authority under subsection (1)(b). (3) The proportion for the purposes of subsection (1)(a)(ii) is the number of hours per week which the worker works for the employer as a proportion of the total number of hours per week which the worker works for all employers. (4) In subsection (1)(a), a reference to a relevant injury in relation to a worker does not include a reference to a recurrence of any pre-existing injury or disease in respect of which the worker is entitled to compensation under this Act where the worker's employment was a contributing factor to that recurrence. * * * * * * * * * * * * * * * * * * * * (6) Subsection (1)(a) does not apply to the liability to pay compensation in respect of an injury to a worker receiving remuneration of a kind referred to in paragraph (h) or (i) of the definition of remuneration in section 5. (7) Subsection (1)(a) does not apply to the liability to pay compensation in respect of an injury- (a) resulting from a transport accident within the meaning of the Transport Accident Act 1986; and (b) deemed to have arisen out of or in the course of any employment by reason of section 83(2) (except section 83(2)(a)(i)) of this Act. (8) For the purposes of subsection (1), in calculating the first five days of the period of incapacity resulting from the relevant injury- (a) the day on which the incapacity commenced shall be included; and (b) any day on which the worker would not have worked if he or she had not suffered the injury shall be excluded. Accident Compensation Act 1985 - SECT 125A Liability to pay compensation-on or after 4 p.m. on 30 June 1993 125A. Liability to pay compensation-on or after 4 p.m. on 30 June 1993 (1) This section applies to the liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 4 p.m. on 30 June 1993. (2) Where a worker or a worker's dependants are entitled to compensation in respect of an injury arising out of or in the course of any employment on or after 4 p.m. on 30 June 1993, the liability to pay compensation is to be assumed in all cases by the worker's employer. (3) A WorkCover insurance policy under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of an employer's liability under subsection (2) is subject to an employer's excess in respect of each claim equal to- (a) in the case of weekly payments in respect of a worker who has no current work capacity or has a current work capacity, being a full-time worker, the first 10 days of the period of incapacity resulting from the relevant injury; and (b) a proportion of the weekly payments in respect of a worker who has no current work capacity or has a current work capacity who is not a full-time worker with that employer for the first 10 days of the period of incapacity resulting from the relevant injury; and (c) payment of the first $506 of the reasonable costs referred to in section 99(1)(a) in relation to the relevant injury. (3A) A payment or payments made by an employer to a worker to discharge the employer's liability under the employer's excess does not prejudice the determination of the liability of the employer above the employer's excess. (4) The proportion for the purposes of subsection (3)(b) is the number of hours per week which the worker works for the employer as a proportion of the total number of hours per week which the worker works for all employers. (5) In subsection (3), a reference to a relevant injury in relation to a worker does not include a reference to a recurrence of any pre-existing injury or disease in respect of which the worker is entitled to compensation under this Act where the worker's employment was a significant contributing factor to that recurrence. (6) Subject to guidelines issued by the Authority and in accordance with the premiums order, an employer may elect to increase, reduce or eliminate the excess under subsection (3) by paying an adjusted premium under the employer's WorkCover insurance policy under the Accident Compensation (WorkCover Insurance) Act 1993. (7) The premiums order made under section 15 of the Accident Compensation (WorkCover Insurance) Act 1993 may specify different rates or levels of premium for the purposes of this section. (8) Subsection (3) does not apply to the liability to pay compensation in respect of an injury to a worker referred to in paragraph (d) or (e) of the definition of worker in section 5. (9) Subsection (3) does not apply to the liability to pay compensation in respect of an injury- (a) resulting from a transport accident within the meaning of the Transport Accident Act 1986; and (b) deemed to have arisen out of or in the course of any employment by reason of section 83(1)(a) or 83(1)(c). (10) For the purposes of subsection (3), in calculating the first 10 days of the period of incapacity resulting from the relevant injury- (a) the day on which the incapacity commenced must be included; and (b) any day on which the worker would not have worked if he or she had not suffered the injury must be excluded. Accident Compensation Act 1985 - SECT 125B Liability to pay compensation-recovery 125B. Liability to pay compensation-recovery (1) Section 125A applies to the liability to pay compensation in respect of an injury arising out of or in the course of any employment partly before 4 p.m. on 30 June 1993 and partly on or after 4 p.m. on 30 June 1993. (2) There is no right to contribution as between the Authority, employers or authorised insurers in respect of liability to which section 125A applies irrespective of whether the liability arises wholly or partly before or after 4 p.m. on 30 June 1993. (3) This section does not affect any rights conferred under Division 6 or 6A of this Part. Accident Compensation Act 1985 - SECT 126 Provisions to apply where there is no employer 126. Provisions to apply where there is no employer (1) If the employer of the worker- (a) cannot be identified; (b) cannot be found; (c) is dead; or (d) is a corporation which has been wound up- the Authority shall assume that employer's liability under section 125(1)(a). (2) Without derogating from the generality of subsection (1), an employer shall be deemed to be unable to be found if the employer cannot be found at- (a) the last known place of residence of the employer; and (b) the last place of business at which the worker was employed by the employer. (3) Where the Authority has assumed an employer's liability under subsection (1), the Authority shall be entitled to recover the amount of any compensation paid in discharge of the employer's liability- (a) from any insurer with whom the employer held a policy indemnifying the employer in respect of that liability; or (b) if the employer is subsequently identified or found, from that employer. Accident Compensation Act 1985 - SECT 127 Provisions to apply where employer does not meet liabilities 127. Provisions to apply where employer does not meet liabilities (1) If the employer of the worker neglects, refuses or is unable to pay compensation in discharge of the employer's liability under section 125(1)(a) or 125A(3) within 21 days of receiving the claim for payment of compensation, the Authority shall assume that liability. (2) If the Authority has assumed the employer's liability under subsection (1), the Authority may impose on the employer a penalty calculated in accordance with the method determined under subsection (3). (3) The Governor in Council, by Order published in the Government Gazette, may determine the method for calculating the penalty payable by an employer if the Authority has assumed the employer's liability under subsection (1). (4) The Authority may recover a penalty imposed under subsection (2) in a court of competent jurisdiction as a debt due to the Authority. Division 5-Payment of compensation Accident Compensation Act 1985 - SECT 128 Provisions relating to payment of compensation 128. Provisions relating to payment of compensation (1) If in any proceedings under this Act for the payment of compensation under section 92, 92A, 92B, 98, 98A, 98C or 98E or weekly payments or compensation under section 99, the Magistrates' Court or the County Court is of the opinion that the employer, the Authority or a self-insurer is responsible for any unreasonable delay- (a) the Court may direct the amount of compensation determined and payable under this Act to be increased by an amount specified by the Court; and (b) the Authority or self-insurer must pay the person entitled to compensation the amount of the increase. (2) If the Magistrates' Court or the County Court made a direction increasing the amount of compensation payable under subsection (1)(a) as a result of forming the opinion that the employer was responsible for any unreasonable delay, the Authority may require the employer to pay an amount equivalent to the increase paid by the Authority as if it were premium payable under the Accident Compensation (WorkCover Insurance) Act 1993. (3) The amount of the increase shall not exceed- (a) in the case of compensation under section 92, 92A, 98 or 98A-one-tenth of the total amount of the compensation; (b) in the case of weekly payments-one-tenth of the total amount of the weekly payments accrued due at the date of the assessment of compensation. (c) in the case of weekly pensions under section 92B-one-tenth of the total amount of the weekly pensions accrued due at the date of the assessment of compensation. (d) in the case of compensation under section 98C or 98E-one-tenth of the lump sum calculated in accordance with section 98D. Accident Compensation Act 1985 - SECT 128A Interim payments 128A. Interim payments If in respect of any claim, the Magistrates' Court or County Court determines that compensation is or may be payable under this Act, but is unable presently to ascertain the total amount of the compensation, under section 92, 98 or 98A or the rate of weekly payments, the Court may make an interim award or recommendation for payment of the whole or any part of the compensation and the making of any such interim payments- (a) shall not preclude the Court from making in respect of the same claim a further interim recommendation or determination or a final recommendation or determination; and (b) shall not prejudice the rights of either of the parties in respect of any such further or final recommendation or determination. Division 6-Contribution between Commission and self-insurers Accident Compensation Act 1985 - SECT 129 Gradual process effecting injury etc. 129. Gradual process effecting injury etc. * * * * * * * * * * * * * * * (4) Where an injury which arose out of or in course of any employment in which the worker was employed at any time before notice of the injury was given was previously caused, aggravated, accelerated or exacerbated or recurred or deteriorated in the same or some other employment after the appointed day and the employer or one or more of the employers was a self-insurer or a subsidiary of a self-insurer, each such self-insurer or the Authority shall be liable to contribute to the amount of compensation payable to the worker as may be agreed between the Authority and the self-insurer or the Authority and all such self-insurers or between such self-insurers, or if there is no agreement, as determined by the Tribunal where such contribution is based upon the extent of the liability of the Authority and each self-insurer after the appointed day. (5) In determining the extent of the liability of the Authority after the appointed day under subsection (4) in relation to any period on or after 4 p.m. on 30 June 1993, the liability of the Authority in respect of the relevant injury is the liability of the Authority, if any, under a re-insurance arrangement under section 34 of the Accident Compensation (WorkCover Insurance) Act 1993 or under a WorkCover insurance policy under that Act or in respect of liability under this Act or under Part 5 of that Act to pay compensation under this Act. * * * * * (8) This section applies to and in respect of a claim for compensation whether made before, on or after the commencement of the Accident Compensation (Further Amendment) Act 1988. (9) This section does not impose any liability for, or confer any entitlement to, contribution on an employer (other than a self-insurer or a subsidiary of a self-insurer) or authorised insurer in respect of an injury which arose out of or in the course of any employment after the appointed day. Division 6A-Contribution by contributors Accident Compensation Act 1985 - SECT 129A Definitions 129A. Definitions In this Division- contributing employer means- (a) the employer of a worker at the time a contribution injury within the meaning of paragraph (a) of the definition of contribution injury was caused to the worker, being an employer who, at that time, did not have or hold accident insurance as defined by section 3(1) of the Workers Compensation Act 1958 and was not a contributing self-insurer; or (b) the employer of a worker at any time during the period of employment due to which or out of or in the course of which a contribution injury within the meaning of paragraph (b) or (c) of the definition of contribution injury was suffered by, or caused to, the worker, being an employer who, during that period, did not have or hold accident insurance as defined by section 3(1) of the Workers Compensation Act 1958 and was not a contributing self-insurer; contribution injury means any injury, disease or industrial deafness as each is defined in section 5(1)- (a) caused to a worker before the appointed day and which has arisen out of or in the course of any employment of the worker; or (b) suffered by a worker before the appointed day and which is due to the nature of any employment in which a worker was employed before the appointed day; or (c) which has been caused to or suffered by a worker after the appointed day and which, in whole or in part, has arisen out of or in the course of any employment of a worker or is due to the nature of any employment in which a worker was employed at any time before the appointed day- and includes any injury within the meaning of the Workers Compensation Act 1958- (d) caused to a worker before the appointed day and which has arisen out of or in the course of any employment of the worker; or (e) suffered by a worker before the appointed day and which is due to the nature of any employment in which a worker was employed before the appointed day; or (f) which has been caused to or suffered by a worker after the appointed day and which, in whole or in part, has arisen out of or in the course of any employment of a worker or is due to the nature of any employment in which a worker was employed at any time before the appointed day- and which has directly or indirectly caused or contributed to any injury, disease or industrial deafness or any incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer has made or is liable to make payments under this Act or in respect of any period after 4 p.m. on 30 June 1993, in respect of which or in relation to which the Authority has made or is liable to make payments under a re-insurance arrangement under section 34 of the Accident Compensation (WorkCover Insurance) Act 1993 or under a WorkCover insurance policy under that Act or under Part 5 of that Act; contributing insurer means an insurer as defined in section 3(1) of the Workers Compensation Act 1958 of the employer of a worker- (a) at the time a contribution injury within the meaning of paragraph (a) of the definition of contribution injury was caused to the worker; or (b) during the whole or any part of the period of employment due to which or out of or in the course of which a contribution injury within the meaning of paragraph (b) or (c) of the definition of contribution injury was suffered by, or caused to, the worker; contributing self-insurer means the Victorian Railways Board and any body or person which held a certificate under the Workers Compensation Act 1928 and their respective successors and assigns which employed a worker- (a) at any time a contribution injury within the meaning of paragraph (a) of the definition of contribution injury was caused to the worker; or (b) during the whole or any part of the period of employment due to which or out of or in the course of which a contribution injury within the meaning of paragraph (b) or (c) of the definition of contribution injury was suffered by, or caused to, the worker; contributor means a person who is a contributing employer, contributing insurer or contributing self-insurer; employer means- (a) an employer as defined in section 5(1); and (b) an employer as defined in section 3(1) of the Workers Compensation Act 1958; and (c) any person deemed to be an employer under the Workers Compensation Act 1958; * * * * * worker means- (a) a worker as defined in section 5(1); and (b) a worker as defined in section 3(1) of the Workers Compensation Act 1958; and (c) any person deemed to be working under a contract of service or deemed to be a worker under the Workers Compensation Act 1958; Workers Compensation Act 1958 includes any corresponding previous enactment. Accident Compensation Act 1985 - SECT 129B Application and object of Division 129B. Application and object of Division (1) This Division applies to and in relation to- (a) all payments under this Act made or to be made by the Authority or a self-insurer on and after the appointed day; and (b) all payments which the Authority or a self-insurer is or may become liable to make under this Act on and after the appointed day; and (c) all payments which the Authority has made or is or may be liable to make under a re-insurance arrangement under section 34 of the Accident Compensation (WorkCover Insurance) Act 1993 or under a WorkCover insurance policy under that Act or under Part 5 of that Act on and after 4 p.m. on 30 June 1993. (2) Nothing in this Division imposes any liability on a contributor in respect of payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 unless a claim for compensation to which those payments relate or will relate has been made under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 and, if such a claim has been made, this Division applies whether the claim was made before or after the commencement of the Accident Compensation (Further Amendment) Act 1988. (3) If the Authority or a self-insurer receives a payment in relation to an injury which was the subject of a claim for compensation by a worker under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 from a person other than a contributor before or after the Authority or self-insurer has received contribution payments under an assessment made under this Division and that payment was not taken into account in making, amending or varying an assessment, the Authority or self-insurer must make a refund to each contributor of an amount calculated in accordance with the formula- where- C has the same value as "C" in paragraph (b) of section 129B(6); E is the amount of the contributions paid by the contributor; F is the payment received by the Authority or self-insurer from a person other than the contributor. (4) The object of this Division is to make provision for the Authority and self-insurers to obtain from contributors a just and equitable and timely contribution to payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 that the Authority or a self-insurer has made or may become liable to make to or in respect of a worker who has suffered a contribution injury. (5) It is the intention of Parliament that the Authority and the Tribunal in giving effect to this Division regard as paramount the object of this Division. (6) The Authority, in making or amending an assessment or in considering an objection under this Division and the Tribunal, in reviewing an assessment under this Division, must apply the following principles- (a) the liability of a contributor under an assessment must not exceed the amount determined by the Authority or Tribunal to be- (i) in respect of a contributor which is a contributing employer or a contributing self-insurer, the amount that the contributor would have been liable to pay as compensation whether by way of weekly payments, redemption, compromise or otherwise in accordance with the Workers Compensation Act 1958; or (ii) in respect of a contributor which is a contributing insurer, the amount that would have been payable by the contributor whether by way of weekly payments, redemption, compromise, settlement or otherwise under the policy of insurance or indemnity obtained under section 72 of the Workers Compensation Act 1958- as if the contribution injury were the sole cause of the injury, disease or industrial deafness or the incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer has made or is liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993; (b) the liability of a contributor under an assessment shall be the amount determined by the Authority or the Tribunal in accordance with the formula- where- A is the extent, expressed as a percentage, determined by the Authority or the Tribunal to be the extent to which the contribution injury directly or indirectly caused or contributed to the injury, disease or industrial deafness or the incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer has made or is liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993. B is the extent, expressed as a percentage, determined by the Authority or Tribunal to be the extent to which- (i) any other contribution injury; and (ii) any other injury after the appointed day for which compensation has been paid or is payable under this Act or the Accident Compensation (WorkCover Insurance) Act 1993- have directly or indirectly caused or contributed to the injury, disease or industrial deafness or the incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer is liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993. C is the amount determined by the Authority or Tribunal to be the amount that the contributor would have been liable to pay in the circumstances described in paragraph (a) in accordance with the provisions of that paragraph. D is the amount determined by the Authority or Tribunal as the amount the contributor would have been entitled to be recompensed from the Accident Compensation Fund by reason of the operation of section 2C(1), 2C(7), 2F(1) or 2G(3) of the Workers Compensation Act 1958 if the contributor had paid, on the date of the making of the assessment, the amount to be calculated by the Authority in accordance with the formula- where A, B and C are to be determined in the manner set out above as compensation in circumstances which entitled the contributor to be recompensed in accordance with section 2C(1), 2C(7), 2F(1) or 2G(3) of the Workers Compensation Act 1958. (7) The liability of a contributor to make payments under this Division in respect of a contribution injury shall not commence unless and until the Authority or the Tribunal has determined that payments made under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the injury, disease or industrial deafness or any incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer has made payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993, directly or indirectly caused or contributed to by that contribution injury exceed in the aggregate $11 240. (8) If a contribution injury is not a proclaimed medical condition that portion of the contribution injury which has occurred more than 10 years before the last date on which the injury, disease or industrial deafness or any incapacity, death or physical or mental condition was caused to or suffered by the worker prior to the claim of the worker in respect thereof under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 in respect of which or in relation to which the Authority or self-insurer has made or is liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 shall be wholly disregarded for the purposes of this Division. (9) The Governor in Council may from time to time by proclamation published in the Government Gazette proclaim a medical condition to be a proclaimed medical condition under this Division. Accident Compensation Act 1985 - SECT 129C Contribution in case of contribution injury 129C. Contribution in case of contribution injury If- (a) the Authority or a self-insurer has made or is or may become liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 to or in respect of a worker; and (b) a contribution injury has been caused to or suffered by the worker- each contributor shall pay to the Authority or a self-insurer (as the case may be) the amount or amounts determined to be payable in accordance with this Division. Accident Compensation Act 1985 - SECT 129D Assessments 129D. Assessments (1) If the Authority- (a) has made or is or may become liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 to or in respect of a worker; and (b) believes that the worker has suffered a contribution injury and that a contributor ought to pay such amount or amounts as is just and equitable as contribution- the Authority may, by an assessment in writing, determine the amount or amounts payable as contribution to the Authority by each contributor. (2) If a self-insurer- (a) has made or is or may become liable to make payments under this Act to or in respect of a worker; and (b) satisfies the Authority that the self-insurer has reason to believe and believes that the worker has suffered a contribution injury and that a contributor ought to pay such amount or amounts as is just and equitable as contribution- the Authority shall, by an assessment in writing, determine the amount or amounts payable as contribution to the self-insurer by each contributor. (3) The Authority must not make an assessment under subsection (1) or (2) unless- (a) not less than 42 days before making the assessment, the Authority has given notice in writing to each person it believes is a contributor of the intention to make an assessment; and (b) the Authority has made reasonable attempts to engage in consultations with each person it believes is a contributor in relation to its intention to make an assessment. (4) Within 28 days after the Authority gives a notice under subsection (3) to a contributor, in addition to any other requirement for the giving or exchange of documents- (a) the Authority must give to the contributor; and (b) the contributor must give to the Authority- a copy of each document in its possession or under its control which may be relevant to determining the liability of a contributor under this Part including any claim for compensation or any certificate or report by a provider of medical, hospital, nursing, personal and household or ambulance services or any assessor's report or any other document from the worker's employer relating to any injury to or incapacity of the worker or filed with a court or tribunal in relation to claims by the worker for compensation under this Act or the Workers Compensation Act 1958 or damages provided always that the giving or exchange of documents under this section shall not extend to documents in relation to which any legal privilege attaches. (5) In determining the amount or amounts to be payable as contribution in an assessment, the Authority may determine and set out in the assessment the present and future liability of the contributor to pay amounts as contribution in respect of payments made or to be made under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 upon terms and conditions set out in the assessment that the Authority believes to be just and equitable. (6) The Authority may, at any time, amend an assessment made under this section by making such alterations, reductions or additions to it as the Authority deems appropriate, whether or not an amount has been paid under the assessment. (7) An amended assessment is an assessment for the purposes of this Division. (8) The Authority or a self-insurer, as the case requires, shall within a reasonable time after the making of an assessment- (a) serve a copy of the assessment on each contributor; and (b) serve on each contributor a notice stating the grounds on which the Authority believes that the