ACCIDENT COMPENSATION ACT 1985

Victorian Consolidated Legislation

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ACCIDENT COMPENSATION ACT 1985

No. 10191 of 1985
Version incorporating amendments as at 1 January 2012

TABLE OF PROVISIONS

Section Page

PART I-PRELIMINARY

Division 1-General

1. Short title
2. Commencement
3. Objects of Act
3A. Act binds the Crown
4. Application of Act
4A. Interpretation
4AA. Compensation for death of worker
5. Definitions

Division 2-Pre-injury average weekly earnings and current weekly earnings

5A. Definition-pre-injury average weekly earnings
5AA. Definitions applying to pre-injury average weekly earnings-relevant period
5AB. Definitions applying to pre-injury average weekly earnings-ordinary earnings
5AC. Definition applying to pre-injury average weekly earnings and current weekly earnings-base rate of pay
5AD. Definitions applying to pre-injury average weekly earnings-earnings enhancement and enhancement period
5AE. Definition applying to pre-injury average weekly earnings and current weekly earnings-ordinary hours of work
5B. Definition-current weekly earnings
5C. Value of remuneration comprising fringe benefits
5D. Remuneration-motor vehicle allowance
5E. Remuneration-accommodation allowance

Division 3-Workers, employers and contractors

5F. Students etc. deemed to be workers and their deemed employers
5G. Declared training programs
5H. Persons attending certain employment programs deemed to be workers
5I. Co-operatives-deemed workers and employers
5J. Door to door sellers
6. Timber contractors
7. Drivers carrying passengers for reward
7A. Owner drivers carrying goods for reward
8. Contractors
9. Remuneration and contractual arrangements
10. Claims to be made against principal's policy
10A. Repealed
11. Share farmers
12. Religious bodies and organisations
13. Repealed
14. Persons employed by Crown or administrative units
14A. Repealed
14AA. Municipal Councillors
15. Places of pick-up
16. Sporting contestants
16A. Riders and drivers in certain races
17. Outworkers

PART II-THE VICTORIAN WORKCOVER AUTHORITY

Division 1-Establishment

18. Establishment of Authority
18A. Repealed
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
20E. Power to give advice on compliance
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. Repealed

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. Repealed
34. Budget
34A. Operating and financial report

Division 4-Independent review

35. Review of setting of premium and contributions by
self-insurers
36-38B. Repealed

PART III-DISPUTE RESOLUTION

Division 1-County Court

39. Jurisdiction-general
40. Jurisdiction under Workers Compensation Act 1958.
41-42B. Repealed
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
48A. Use of documents relating to worker's claim
49. Certain proceedings referred for conciliation
50. Costs
50A. Costs liability of legal practitioner
51. Appeals to the Court of Appeal
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
52FA. Data to be collected by the 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
55AA. Referral of medical question without consent
55A. Referral of medical question by consent
55AB. Production and disclosure of information
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 compensation
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
82A. Circumstances in which weekly payments are reduced
because of conviction for drink-driving offence
82B. Circumstances in which weekly payments are reduced
because of conviction for drug-driving offence
82C. No entitlement to compensation where conviction for certain serious road traffic offences
82D. Where conviction or finding of guilt overturned
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 diminution 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

91E. Definitions applicable to this Division
91EA. Twice State average weekly earnings
92. Compensation for death of a worker
92A. Revised compensation for death of worker
92AA. Reimbursement of expenses incurred by non-dependent family members of a deceased worker
92B. Weekly pensions for dependants of worker who dies
92C. Payment of weekly pensions
92D. Provisional payment
93. Compensation in weekly payments
93A. Weekly payments in first entitlement period
93B. Weekly payments in second entitlement period
93C. Weekly payments after the second entitlement period
93CA. Compensation for incapacity arising from surgery after second entitlement period
93CB, 93CC Repealed
93CD. Continuation of weekly payments after second entitlement period
93CDA. Entitlement under section 93CD not affected by certain circumstances
93D, 93DA Repealed
93CE. Compensation in the form of superannuation contributions
93E. Injury after retirement
93EA. Compensation for incapacity arising after retirement age
93F. Compensation after retirement
94, 95. Repealed
96. Effect of disability or other pensions and lump sums on weekly payments
96A. Notification of entitlement to certain payments
97. Provisions relating to the payment of compensation

Division 2A-Compensation for maims, pain and suffering and non-economic loss

98. Compensation for maims
98A. Compensation for pain and suffering
98B. Repealed
98C. Compensation for non-economic loss
98D. Payment of Compensation
98DA. Effect of payment of compensation under section 98C
or 98E.
98E. No Disadvantage-Compensation Table

Division 2B-Compensation for medical and like services

99AAA. Definitions
99. Liability of Authority and self-insurer
99AA. Medical and like services outside Australia
99AB. Occupational rehabilitation services
99AC. Modification of cars and homes
99AD. Duration of compensation under this Division
99AE. Termination of payment for professional services obtained fraudulently

Division 2C-Rehabilitation services prior to acceptance of claim

99A. Authority or self-insurer may pay for rehabilitation service
99B. Repealed

Division 2D-Indexation

100. Indexation-weekly payments
100A. Indexation of weekly pensions for dependants of a worker who dies
100B. Indexation of certain amounts-according to average weekly earnings
100C. Indexation of certain amounts-consumer price index
100D. Indexation-no reduction
100E. Indexation-rounding

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. Repealed
107A. General right of access to information under this Act
108. Responsibilities of employer
109. Responsibilities of self-insurers and the Authority
109AA. Employer may request reasons for decision on a claim
110. Application by worker to alter amount of weekly payments
111. Worker's capacity for work
112. Medical examinations
113. Repealed
114. Termination or alteration of weekly payments
114AA. Termination of compensation in the form of superannuation contributions
114A. Reduction of weekly payments after the first entitlement period
114B. Termination of weekly payments after expiry of entitlement period
114BA. Notice of reduction of weekly payments
114C. Time for payment
114D. Payment of weekly payments
114E. Outstanding weekly payments
114EA. Outstanding superannuation contributions
114EB. Alteration or termination of superannuation contributions
114F. Recovery of payments

Division 3AA-Employer objections

114H. Definition
114I. Objection by employer in respect of liability
114J. Objection lodged out of time
114K. Authority may refuse to review a decision to which a claimed employer has objected
114L. Withdrawal of lodged objection
114M. Request for information and suspension of review
114N. Decision following review
114O. Appeals
114P. Grounds of appeal
114Q. Hearing of appeal by Supreme Court
114R. Costs of worker
114S. Position of worker following decision under section 114N.

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-117G Repealed
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, 123. Repealed
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-Repealed

129. Repealed

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
134ABAA.Determination of serious injury application following death of worker
134ABA. Calculation of limitation of actions period
134ABB. Calculation of limitation of actions period
134AC. Effect of decision on application
134AD. Repealed
134AE. Giving of reasons
134AF. Directions
134AFA. Legal practitioner may recover costs
134AG. Legal costs order
134AGA. Litigated claims legal costs order-workers
134AGB. Litigated claims legal costs order-Authority and self-insurers

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.
135AD. Limitation of Actions Act 1958.
135B. Injuries before 1 December 1992.

Division 9A-Actions by terminally ill workers

135BA. Actions by terminally ill workers
135BBA. Actions by terminally ill workers continued after death of worker

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

Division 1-General

139. Definitions
139AA. Repealed
139A. Student workers
139B. Municipal Association of Victoria as self-insurer

Division 2-Application for approval as self-insurer

140. Determination of eligibility to apply for approval as self-insurer
141. Application for approval as self-insurer
141A. Estimated rateable remuneration
141B. Adjustment of application fee

Division 3-Approval as self-insurer

142. Approval as self-insurer
142A. Terms and conditions of approval
142B-142D Repealed
143. Notice to be given to employer if application refused
143A. Repealed
144. Period that approval has effect
144A. Approval of new holding company as self-insurer
145. Review of approval
145A. Revocation of approval
145B. Cost associated with revocation recoverable from
employer
145C. Non-WorkCover employer ceases to be a self-insurer

Division 4-Contributions to WorkCover Authority Fund

146. Payment of contribution
146A. Submission of return by self-insurer

Division 5-Liability for claims for compensation
Subdivision 1-Liability of self-insurer

147. Self-insurer's liability to pay compensation
147A. Claims management
148. Liabilities of self-insurer to be guaranteed
149. Payments by Authority
Subdivision 2-Election by self-insurer to assume liability for tail claims
150. Movement from scheme insurance to self-insurance
150A. Acquisition of scheme-insured body corporate by
self-insurer
150B. Guarantee of liability for tail claims
150C. Payment of settlement amount and other arrangements on assumption of liability for tail claims
150D. Subsequent divestment of scheme-insured body corporate
Subdivision 3-Employer or subsidiary of employer ceases to be self-insurer
151. Employer ceases to be self-insurer
151A. General provisions applying to assessment by an actuary
151B. Initial assessment of liability for tail claims
151C. Annual assessment of tail claims liabilities and adjustment of payments
151D. Provision of guarantees
151E. Review of final revised assessment at the end of the liability period
152. Subsidiary of self-insurer becomes a non-WorkCover employer

Division 6-Miscellaneous

153. Guidelines
154. Investigation of self-insurer by Ombudsman
154A. Repealed
155. Secrecy provisions

PART VI-Repealed

156-163. Repealed

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. Failure to comply with a provision of this Part
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

PART VIIB-RETURN TO WORK

Division 1-Preliminary

189. Purpose
190. Obligations of employers and workers
191. Part does not derogate from other provisions in Act
192. Definitions
193. Application of Part

Division 2-Obligations of employers

194. Provide employment
195. Plan return to work
196. Consult about the return to work of a worker
197. Nominate a return to work co-ordinator
198. Make return to work information available
198A. Employer to notify Authority of return to work of worker
199. Host to co-operate with labour hire employer

Division 3-Obligations of workers

200. Participate in planning for return to work
201. Use occupational rehabilitation services
202. Participate in assessments
203. Return to work
204. Participate in an interview

Division 4-Termination of compensation

205. Failure to comply with Division 3.
206. Notification of return to work

Division 5-General provisions

207. Resolution of return to work issues
208. Information about the employment obligation period
209. Authority may give direction
210. Compliance code
211. Effect of compliance codes
212. Disallowance of certain compliance code orders
213. Effect of compliance with compliance codes
213A. Functions of Authority in respect of compliance codes
214. Provisions applying to directions issued by the Minister
214A. Disallowance of certain Ministerial directions

Division 6-Return to work inspectorate
Subdivision 1-Appointment of inspectors

214B. Interpretation
215. Appointment of inspectors
216. Identity cards
Subdivision 2-Performance of functions or exercise of powers
217. Inspectors subject to Authority's directions
218. Power to enter
219. Announcement on entry
220. Report to be given about entry
221. General powers on entry
222. Powers in relation to obtaining information
223. Return of seized things
224. Power to issue Return to Work improvement notice
225. Directions or conditions in a Return to Work improvement
notice
226. Variation or cancellation of Return to Work improvement
notice
227. Issue of Return to Work improvement notice
228. Formal irregularity or defect in Return to Work improvement notice
229. Proceedings for offence not affected by Return to Work improvement notice
230. Persons must assist inspector
231. Other assistance in exercising powers
232. Inspector may take affidavits and statutory declarations
233. Inspector may copy documents
Subdivision 3-Offences
234. Offences in relation to inspections
235. Offence to impersonate inspector
Subdivision 4-Review of decisions
236. Which decisions are reviewable
236A. Internal review
236B. Review by the Tribunal

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
239AAA. Access to police records
239AAB. Court to provide certificate of conviction
239AAC. VicRoads may disclose information to Authority
239A. Certificate
239AA. Levy
240. Powers of inspection
240A. Warrants to enter and search
241. Offences relating to a person exercising powers under section 239 or 240.
242. Repealed
242AA. Offence to engage in discriminatory conduct
242AB. Order for damages or reinstatement
242AC. Procedure if prosecution is not brought under
section 242AA.
242AD. Civil proceedings relating to discriminatory conduct
242AE. Effect of orders on other orders under section 242AA, 242AB or 242AD.
242AF. Claims under section 242AB or 242AD.
242A. Unauthorised use of information
243. Secrecy provisions applying to Act except Parts 6 and 7.
244. Repealed
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
248AB. False or misleading statements
248B. Investigation of fraud
248BA. Liability of premium adviser
248C. Indemnity
248D. Protection against self-incrimination
248E. Legal professional privilege and client legal privilege not affected
249. False information
249A. Refunding money to the Authority etc.
249AA. Suspension of payments for services
249AB. Effect of disqualifying offence
249B. Conduct of service providers
249BA. Findings of relevant bodies
249BB. Notice to be given before determination made
249BC. Authority may publish list of providers subject to disciplinary action
249C. Victorian Civil and Administrative Tribunal
250. Obstructing officers
250A. Imputing conduct of bodies corporate
250AA. Liability of officers of bodies corporate
250B. Responsible agency for the Crown
250C. Proceedings against successors to public bodies
251. Undertakings
251A. Adverse publicity orders
252. Institution of prosecutions
252AA. Procedure if prosecution is not brought
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
252H. Supreme Court-limitation of jurisdiction
252I. Supreme Court-limitation of jurisdiction
252J. Supreme Court-limitation of jurisdiction
252K. Supreme Court-limitation of jurisdiction
252L. Supreme Court-limitation of jurisdiction
252M. Supreme Court-limitation of jurisdiction
252N. Supreme Court-limitation of jurisdiction
252O. Supreme Court-limitation of jurisdiction
252P. Supreme Court-limitation of jurisdiction
252Q. Supreme Court-Limitation of jurisdiction
252R. Supreme Court-limitation of jurisdiction
253AA. Directions
253AB. Guidelines
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.

Division 12-Accident Compensation Amendment Act 2010.

301. Definitions
302. Section 5A.
303. Section 14(3)
304. Section 82.
305. Sections 82A-82D.
306. Section 103.
307. Sections 105 and 108.
308. Section 108(4)
309. Section 109.
310. Sections 242AA-242AF.
311. Section 55AA.
312. Section 93CA.
313. Section 93CD.
314. Section 93CDA.
315. Section 93CE.
316. Section 92B.
317. Sections 96 and 96A.
318. Section 109AA.
319. Section 114.
320. Section 91.
321. Section 98C.
322. Section 43 (Jurisdiction of Magistrates' Court)
323. Section 45 (Medical questions)
324. Section 49 (Certain proceedings referred for conciliation)
325. Section 134AB (Actions for damages)
326. Section 134ABAA (Determination of serious injury application following death of worker)
327. Section 135A (Actions for damages)
328. Section 135BBA (Actions by terminally ill workers continued after death of worker)
329. Section 92 (Compensation for death of a worker)
330. Section 92A (Revised compensation for death of worker)
331. Section 92AA (Re-imbursement of expenses incurred by non-dependant family members of a deceased worker)
332. Section 92B (Weekly pension for dependants of worker who dies)
333. Section 92D (Provisional payment)
334. Section 5 (Definition of medical question)
335. Section 52D (Appointment of Conciliation Officers)
336. Sections 52F and 52FA (Senior Conciliation Officer and
data to be collected by Senior Conciliation Officer)
337. Section 52I (Removal from office)
338. Section 55AB (Production and disclosure of information)
339. Section 56 (Procedures before Conciliation Officers)
340. Section 57 (Conciliation of disputes)
341. Section 59 (Disputes relating to weekly payments)
342. Section 62 (Costs)
343. Section 63 (Establishment and constitution)
344. Section 65 (Procedures and powers)
345. Section 68 (Opinions)
346. Division 3AA of Part IV (Employer obligations)
347. Sections 5(9A) and (10) and 5C to 5E (Remuneration)
348. Section 138 (Indemnity by third party)
349. Section 138 (Indemnity by third party)
350. Part VIIB (Return to Work)
351. Section 20E (Power to give advice on compliance)
352. Retrospective operation of certain instruments of delegation
353. Section 23.
354. Application for approval as self-insurer
355. Terms and conditions of approval
356. Period of approval and review of approval as self-insurer
357. Revocation of approval [sections 145A and 145B]
358. Payment of contributions and submission of or return by self-insurer
359. Liability to pay compensation
360. Guarantee of liabilities
361. Movement from scheme insurance to self-insurance
362. Acquisition of scheme-insured body corporate by self-insurer
363. Employer ceases to be a self-insurer
364. Sections 249AA, 249AB, 249B and 249BA.

Division 13-Transport Accident and Accident Compensation Legislation Amendment Act 2010.

365. Definitions
366. Sections 5A to 5AE, 5B and Schedule 1A.
367. Part I, Division 3 and sections 6 to 12, 14 and 15.
368. Section 82D (Road traffic offences)
369. Section 91E (Benefits-definitions)
370. Section 92A (Death of a worker)
371. Section 93CE (Superannuation contributions)
372. Section 98C (Non-economic loss)
373. Section 98E (Total loss)
374. Part IV, Division 2B (Compensation for medical and like services)
375. Sections 117C to 117G.
376. Section 52 (Appeals to Court of Appeal)
377. Section 103(4C) (Claim for compensation)
378. Section 134AB (Actions for damages)
379. Section 107A (General right of access to information under this Act)
380. Section 114N.
381. Section 114S.
382. Section 125A(3)
383. Section 144A.
384. Section 148.
385. Section 150A.
386. Section 208.
387. Section 240A.
388. Section 92B.
389. Guidelines under section 14AA.
__________________
SCHEDULE 1A-Pre-injury Average Weekly Earnings
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-Repealed
SCHEDULE 3A-Compensation for Maims
SCHEDULE 3B-No Disadvantage-Compensation Table
SCHEDULE 4-Self-insurers-Pre-application Eligibility Fee
1. Pre-application eligibility fee
SCHEDULE 5-Application Fee for Approval as Self-insurer
1. Application fee
2. Assessment remuneration
3. Fee limit
SCHEDULE 6-Persons to Whom Document may be Produced or Information Communicated or Divulged
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

Division 1-General

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