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 2009

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 Repealed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 Repealed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 Repealed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 Repealed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

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