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ACCIDENT COMPENSATION ACT 1985 - NOTES
No. 10191 of 1985
Version incorporating amendments as at 1 January 2009
ENDNOTES
1. General Information
The Accident Compensation Act 1985 was assented to on 30 July 1985 and came into operation as follows:
Parts 1, 2, 6, sections 272, 275 on 30 July 1985: section 2(5); section 264(4) on 30 June 1985: section 2(4); item in Schedule 2 which amends section 95 of the Stamps Act 1958 on 1 January 1985: section 2(6); item in Schedule 2 which amends section 97 of the Stamps Act 1958 on 1 August 1985: section 2(7); items in Schedule 2 which amend sections 98, 99 of the Stamps Act 1958 on 30 June 1985: section 2(8); Part 7 on 1 September 1985; rest of Act (except section 91) on 31 August 1985 at 4 p.m.: Government Gazette 30 August 1985 page 3401; section 91 repealed unproclaimed by No. 50/1994 section 36.
2. Table of Amendments
This Version incorporates amendments made to the Accident Compensation Act 1985 by Acts and subordinate instruments.
-------------------------------------------------------------
Employment and Training (Rebates) Act 1985, No. 10255/1985
Assent Date:
10.12.85
Commencement Date:
Ss 1, 2, 8(3) on 10.12.85: s. 2(4); s. 8(2) on 31.8.85: s. 2(3); s. 4(2) on 22.12.81: s. 2(2); rest of Act on 1.1.86: s. 2(1)
Current State:
All of Act in operation
Taxation Acts (Reciprocal Assistance) Act 1986, No. 23/1986
Assent Date:
22.4.86
Commencement Date:
22.4.86
Current State:
All of Act in operation
Accident Compensation (Amendment) Act 1986, No. 48/1986 (as amended by No. 64/1989)
Assent Date:
27.5.86
Commencement Date:
Ss 3-6, 14, 16, 23, 35, 37, 38 on 31.8.85 (4 p.m.): s. 2(1); s. 27 on 1.7.86: s. 2(2); rest of Act on 27.5.86: s. 2(3)
Current State:
All of Act in operation
Transport Accident Act 1986, No. 111/1986
Assent Date:
16.12.86
Commencement Date:
S. 180(3) (Sch. 2 item 3) on 1.1.87: Government Gazette 23.12.86 p. 4777
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Taxation (Reciprocal Powers) Act 1987, No. 37/1987
Assent Date:
12.5.87
Commencement Date:
11.6.87: Special Gazette (No. 24) 11.6.87 p. 1
Current State:
All of Act in operation
State Concessions (Amendment) Act 1987, No. 48/1987
Assent Date:
15.9.87
Commencement Date:
1.12.87: Government Gazette 18.11.87 p. 3072
Current State:
All of Act in operation
Accident Compensation (Amendment) Act 1987, No. 83/1987 (as amended by No. 64/1989)
Assent Date:
1.12.87
Commencement Date:
S. 6(2) on 30.7.85: s. 2(2); s. 45(1) on 1.1.88: s. 2(3); rest of Act on 1.12.87: s. 2(1)
Current State:
All of Act in operation
Accident Compensation (Further Amendment) Act 1988, No. 13/1988
Assent Date:
11.5.88
Commencement Date:
11.5.88
Current State:
All of Act in operation
Accident Compensation (Disclosure of Information) Act 1988, No. 18/1988
Assent Date:
17.5.88
Commencement Date:
1.12.87: s. 2
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date:
24.5.88
Commencement Date:
S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Div. 2 of Pt 6, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487
Current State:
All of Act in operation
County Court (Amendment) Act 1989, No. 19/1989
Assent Date:
16.5.89
Commencement Date:
1.8.89: Government Gazette 26.7.89 p. 1858
Current State:
All of Act in operation
Fire Authorities Act 1989, No. 50/1989 (as amended by No. 91/1989)
Assent Date:
14.6.89
Commencement Date:
S. 52(2) on 31.7.90: Special Gazette (No. 38) 31.7.90 p. 1
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Accident Compensation (General Amendment) Act 1989, No. 64/1989 (as amended by No. 18/1991)
Assent Date:
29.9.89
Commencement Date:
Ss 11, 16 on 1.1.90: s. 2(3); s. 37(2) on 27.5.86: s. 2(4); s. 37(3) on 1.12.87: s. 2(5); ss 1-4, 9, 12-15, 17-19, 21-26, 27(b), 28, 29, 37(1), 38 on 1.10.89: Special Gazette (No. 55) 29.9.89 p. 1; ss 5-8, 10, 20, 27(a), 30-35 on 5.3.90: Government Gazette 21.2.90 p. 518; s. 36 on 1.7.90: Government Gazette 21.2.90 p. 518
Current State:
All of Act in operation
Courts (Children's and Magistrates') Act 1990, No. 34/1990
Assent Date:
13.6.90
Commencement Date:
Ss 3-6, 7(1) on 1.9.90: Government Gazette 25.7.90 p. 2216; s. 7(2) on 16.5.89: s. 2(b); s. 7(4)(5) on 6.6.89: s. 2(c); s. 7(6)(7) on 14.6.89: s. 2(d); rest of Act on 13.6.90: s. 2(e)
Current State:
All of Act in operation
Vocational Education and Training Act 1990, No. 45/1990
Assent Date:
19.6.90
Commencement Date:
S. 109 on 1.7.91: Government Gazette 19.12.90 p. 3745 and Special Gazette (No. 9) 31.1.91 p. 3
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Amendment) Act 1991, No. 18/1991
Assent Date:
30.4.91
Commencement Date:
S. 4 on 30.6.89: s. 2(1); s. 12(3) on 29.9.89: s. 2(2); s. 12(2) on 5.3.90: s. 2(3); s. 10(1)(2) on 1.7.90: s. 2(4); Pt 1 (ss 1-3), ss 8, 10(3), 12(1) on 30.4.91: s. 2(5); rest of Act on 1.7.91: Government Gazette 26.6.91 p. 1659
Current State:
All of Act in operation
Accident Compensation (Further Amendment) Act 1992, No. 37/1992
Assent Date:
16.6.92
Commencement Date:
16.6.92
Current State:
All of Act in operation
Accident Compensation (WorkCover) Act 1992, No. 67/1992 (as amended by No. 50/1993)
Assent Date:
19.11.92
Commencement Date:
Ss 1-3 on 19.11.92: s. 2(2); ss 26, 49 on 1.7.93: s. 2(3); s. 63(2) on 29.10.92: s. 2(4); rest of Act (except s. 36(1)) on 1.12.92: s. 2(1); s. 36(1) repealed by No. 50/1993 s. 111(1)(a); s. 42 repealed by No. 50/1993 s. 111(1)(b)
Current State:
All of Act in operation
Employee Relations Act 1992, No. 83/1992
Assent Date:
24.11.92
Commencement Date:
S. 184(Sch. 6 item 1) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (WorkCover Insurance) Act 1993, No. 50/1993
Assent Date:
1.6.93
Commencement Date:
Pt 1 (ss 1-6), ss 19, 94(1), 102, 110(1), 111(1) on 1.6.93: s. 2(1); ss 111(2), 112(1) on 19.11.92: s. 2(2)(a); ss 84(1), 92, 94(2), 95, 100, 110(2) on 1.12.92: s. 2(2)(b); s. 93 on 1.4.93: s. 2(2)(c); ss 87, 88 on 29.4.93: s. 2(2)(d); Pt 3 (ss 27-42), ss 7-11, 15-17, 72, 78(1)(b), 79, 80(1)(a)-(e), 85, 86, 89, 90, 98,
103-108, 109(1)(2), 112(2), 113 on 16.6.93; ss 12-14, 18, 20-26, 55, 57-71, 73, 75, 78(1)(c)-(h) (2), 83, 101 on 30.6.93; Pt 4 (ss 43-54), ss 56, 74, 76, 78(1)(a), 80(1)(b)-(d)(2), 81, 84(2), 91, 99, 109(3) on 1.7.93; ss 96, 97 on 1.8.93: Special Gazette (No. 39) 16.6.93 p. 1; ss 77, 82 were never proclaimed, repealed by No. 50/1994 s. 104
Current State:
All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
S. 118(Sch. 1 item 1.1) on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 1) on 1.1.95: Government Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Amendment) Act 1994, No. 50/1994 (as amended by No. 74/2000)
Assent Date:
15.6.94
Commencement Date:
Ss 13, 15-19, 30, 35, 36, 48, 49, 64(2) (4)-(11) on 15.6.94: s. 2(1); s. 64 (1)(3) on 30.11.92: s. 2(2)(a); ss 5(10)(11), 32(1), 33(1), 42, 60, 67 on 1.12.92: s. 2(2)(b); ss 5(1)(7)(12), 9(a)(b), 52, 57, 61, 62(1)-(9), 92(3) on 30.6.93 at 4 p.m.: s. 2(2)(d); ss 41(1)(2) (4) on 1.4.94: s. 2(2)(e); ss 76, 77 on 1.7.94: s. 2(3); ss 3, 4, 5(3)(4)(6)(a), 10-12, 14, 21-25, 28, 31, 32(2), 33(2)(3), 38(1)(b)(d)(e)(3)(a)(d)(f), 44, 46, 47, 54(1)(2), 55, 56, 59, 66, 68-75, 79, 80, 83-87, 92(4)(5) on 24.6.94: Special Gazette (No. 37) 24.6.94 p. 2-see Interpretation of Legislation Act 1984; ss 5(2)(5)(6)(b)(8)(9), 6-8, 9(c)-(e), 20, 26, 27, 29, 37, 38(1) (a)(c)(2)(3)(b)(c)(e)(4), 39, 40, 41(3)(5), 43, 45, 50, 51, 53, 54(3), 58, 62(10), 63, 78, 81, 82 on 1.7.94: Special Gazette (No. 37) 24.6.94 p. 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Vocational Education and Training (Amendment) Act 1994, No. 62/1994
Assent Date:
15.6.94
Commencement Date:
S. 68 on 1.12.94: Government Gazette 23.6.94 p. 1671
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Accident (General Amendment) Act 1994, No. 84/1994
Assent Date:
29.11.94
Commencement Date:
S. 63 on 1.1.95: Special Gazette (No. 96) 13.12.94 pp 1, 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Constitution (Court of Appeal) Act 1994, No. 109/1994
Assent Date:
20.12.94
Commencement Date:
S. 34(1) on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Equal Opportunity Act 1995, No. 42/1995
Assent Date:
14.6.95
Commencement Date:
S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 1 on 1.1.96: Government Gazette 21.12.95 p. 3571
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Vocational Education and Training (Amendment) Act 1995, No. 85/1995
Assent Date:
28.11.95
Commencement Date:
28.11.95
Current State:
All of Act in operation
Mental Health (Amendment) Act 1995, No. 98/1995
Assent Date:
5.12.95
Commencement Date:
S. 65(Sch. 1 item 1) on 1.7.96: Government Gazette 27.6.96 p. 1593
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
Assent Date:
5.12.95
Commencement Date:
S. 10(1)(Sch. 1 items 1.1, 1.2) on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1; s. 32(Sch. 2 item 1) on 5.12.95: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Amendment) Act 1996, No. 7/1996
Assent Date:
25.6.96
Commencement Date:
S. 32 on 25.6.96: s. 2(1); s. 33 on 1.12.92: s. 2(2); s. 4 on 1.7.95: s. 2(3); ss 3(1)(4)(5), 5-18, 22, 25, 26, 28, 30, 34-37, 39, 41, 43-46, 48, 49 on 25.6.96; ss 20, 21, 24, 29, 31, 38, 47 on 1.7.96; s. 19 on 1.8.96: Special Gazette (No. 71) 25.6.96 p. 2; s. 40 on 19.12.96: Government Gazette 19.12.96 p. 3251; ss 3(2)(3), 23, 27, 42 on 25.12.96: s. 2(5)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996 (as amended by No. 60/1996)
Assent Date:
28.6.96
Commencement Date:
Ss 1, 2, 9 on 28.6.96: s. 2(1); rest of Act on 2.7.96: s. 2(4)
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 items 1.1-1.3) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Education (Amendment) Act 1996, No. 47/1996
Assent Date:
26.11.96
Commencement Date:
Pt 4 (ss 15-24) on 1.1.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Further Amendment) Act 1996, No. 60/1996 (as amended by Nos 45/1997, 107/1997, 81/1998)
Assent Date:
17.12.96
Commencement Date:
Ss 9, 11 on 14.11.96: s. 2(3); ss 3, 4(2), 5, 7, 8, 13, 16, 20, 22, 24 on 17.12.96: s. 2(1); s. 27 on 25.12.96: s. 2(3A); ss 10, 12, 15, 25, 26, 29 on 23.1.97: Government Gazette 23.1.97 p. 146, ss 4(1), 6, 17, 18, 28 on 1.7.97: s. 2(6); s. 21 on 1.7.98: Government Gazette 25.6.98 p. 1561; s. 23 on 13.7.98: Government Gazette 9.7.98 p. 1852
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Chiropractors Registration Act 1996, No. 63/1996
Assent Date:
17.12.96
Commencement Date:
S. 98(Sch. item 1) on 1.7.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Co-operatives Act 1996, No. 84/1996
Assent Date:
23.12.96
Commencement Date:
S. 467(Sch. 6 item 1.1) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Miscellaneous Acts (Omnibus No. 3) Act 1997, No. 45/1997
Assent Date:
11.6.97
Commencement Date:
S. 3 on 11.6.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Podiatrists Registration Act 1997, No. 78/1997
Assent Date:
25.11.97
Commencement Date:
S. 97(Sch. item 1) on 1.12.98: s. 2(3)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Vocational Education and Training (Training Framework) Act 1997, No. 80/1997
Assent Date:
25.11.97
Commencement Date:
S. 50 on 1.1.98: Government Gazette 18.12.97 p. 3614
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997
Assent Date:
23.12.97
Commencement Date:
Ss 3, 11(1), 15, 22, 24, 26-30, 33-37, 43, 45-51 on 12.11.97: s. 2(2); ss 4, 7-10, 12, 14, 16(2), 19-21, 31, 32, 39(2), 60, 61 on 23.12.97: s. 2(1); s. 5 on 1.1.98: s. 2(3), ss 13, 16(1)(3), 17, 18, 39(1), 40, 41, 44,
53-58 on 1.2.98: Government Gazette 22.1.98 p. 101: ss 23, 42 on 29.6.98: Government Gazette 22.1.98 p. 101; ss 11(2)-(7), 52, 59 on 1.7.98: s. 2(7); s. 25 on 1.9.98: s. 2(5)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
State Trustees (Amendment) Act 1998, No. 15/1998
Assent Date:
28.4.98
Commencement Date:
S. 4 on 1.8.98: s. 2(3)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 1) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Amendment) Act 1998, No. 81/1998
Assent Date:
17.11.98
Commencement Date:
Ss 20(5), 27-29(1), 30, 31 on 17.11.98: s. 2(1); ss 19, 20(1)-(4), 21-26 at 4 p.m. on 30.6.99: s. 2(4); s. 29(2) on 30.12.00: Government Gazette 21.12.00 p. 2980
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000
Assent Date:
16.5.00
Commencement Date:
S. 3 on 1.7.00: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Common Law and Benefits) Act 2000, No. 26/2000 (as amended by No. 84/2000)
Assent Date:
30.5.00
Commencement Date:
S. 23(1) on 15.6.94: s. 2(2); s. 14 on 12.11.97: s. 2(4); ss 18, 20, 21 on 20.10.99: s. 2(5); s. 26 on 13.4.00: s. 2(6); ss 3, 5-13, 16, 22, 23(2), 32 on 31.5.00: s. 2(1); s. 15 on 1.7.00: s. 2(7); s. 25(1)-(4) on 1.7.00: Special Gazette (No. 92) 27.6.00 p. 1; s. 4 on 1.9.00: Government Gazette 31.8.00 p. 2214; s. 17 on 20.10.00: Government Gazette 19.10.00 p. 2521; s. 19 on 29.11.00: s. 2(7A); s. 24 on 1.1.01: s. 2(9)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Psychologists Registration Act 2000, No. 41/2000
Assent Date:
6.6.00
Commencement Date:
S. 102(Sch. item 1) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000
Assent Date:
12.9.00
Commencement Date:
Ss 25(3)(4), 26 on 1.1.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 1.3) on 1.7.97: s. 2(2)(a); s. 3(Sch. 1 items 1.1, 1.2, 1.4-1.9) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Accident (Amendment) Act 2000, No. 84/2000
Assent Date:
28.11.00
Commencement Date:
Ss 37, 40 on 29.11.00: s. 2(1); s. 38 on 1.1.01: Government Gazette 7.12.00 p. 2865
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Victorian Qualifications Authority Act 2000, No. 97/2000
Assent Date:
5.12.00
Commencement Date:
S. 41(Sch. 2 item 1) on 1.3.01: Government Gazette 1.3.01 p. 304
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 2) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 4(Sch. 2 item 1) on 23.8.01: Government Gazette 23.8.01 p. 1927
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Racing (Racing Victoria Ltd) Act 2001, No. 35/2001
Assent Date:
19.6.01
Commencement Date:
S. 8 on 19.12.01: Special Gazette (No. 233) 19.12.01 p. 1
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Amendment) Act 2001, No. 82/2001
Assent Date:
11.12.01
Commencement Date:
S. 25 on 20.10.99: s. 2(4); s. 24 on 30.5.00: s. 2(3);
Pt 2 (ss 3-7), ss 13-15, 20-23 on 12.12.01: s. 2(1); s. 12 on 1.7.02: s. 2(2); ss 8-11, 16-19 on 1.7.02: s. 2(6)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 4) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003
Endnotes
Assent Date:
16.6.03
Commencement Date:
S. 19 on 21.5.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Road Safety (Amendment) Act 2003, No. 94/2003
Assent Date:
25.11.03
Commencement Date:
S. 40 on 26.11.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation and Transport Accident Acts (Amendment) Act 2003, No. 95/2003
Assent Date:
2.12.03
Commencement Date:
Ss 3, 4, 7, 8, 14, 23 on 3.12.03: s. 2(1); s. 5 on 1.2.04: Government Gazette 29.1.04 p. 179; ss 10-12 on 1.3.04: Government Gazette 26.2.04 p. 392; ss 6, 13, 15-22 on 1.9.04: Government Gazette 26.8.04 p. 2363
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004
Assent Date:
8.6.04
Commencement Date:
S. 3 on 9.6.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
State Taxation Acts (Amendment) Act 2004, No. 71/2004
Assent Date:
19.10.04
Commencement Date:
S. 3 on 1.7.94: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Accident (Amendment) Act 2004, No. 94/2004
Assent Date:
7.12.04
Commencement Date:
S. 38 on 8.12.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation Legislation (Amendment) Act 2004, No. 102/2004
Assent Date:
21.12.04
Commencement Date:
Ss 5, 15-18, 23 on 18.11.04: s. 2(2); ss 3, 4, 6-14, 19, 20, 22, 32-34, 35(1)-(3), 36, 38-41 on 21.12.04: s. 2(1); ss 21, 24-31 on 1.7.05: s. 2(4)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Occupational Health and Safety Act 2004, No. 107/2004
Assent Date:
21.12.04
Commencement Date:
S. 177 on 1.7.05: s. 3(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 1) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 1) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation (Amendment) Act 2005, No. 28/2005
Endnotes
Assent Date:
21.6.05
Commencement Date:
Pt 2 Div. 5 (ss 17-20) on 18.11.04: s. 2(3); Pt 2 Div. 1 (ss 3-6) on 19.5.05: s. 2(4); Pt 2 Divs 2 (ss 7, 8), 4 (ss 13-16), 6 (ss 21-23), 7 (s. 24), 8 (s. 25) on 22.6.05: s. 2(1); Pt 2 Div. 3 (ss 9-12) on 1.7.05: s. 2(5)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005
Assent Date:
21.6.05
Commencement Date:
S. 35 on 1.7.05: s. 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation and Transport Accident Acts (Ombudsman) Act 2005, No. 46/2005
Assent Date:
24.8.05
Commencement Date:
S. 5 on 25.8.05: s. 2(1); ss 3, 4, 6 on 1.10.05: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Treasury Legislation (Repeal) Act 2005, No. 73/2005
Assent Date:
25.10.05
Commencement Date:
S. 4(Sch. 2 item 1) on 26.10.05: s. 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 1) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 1) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006
Assent Date:
25.7.06
Commencement Date:
S. 17(1) on 20.10.99: s. 2(2); ss 4, 18, 24 on 1.6.06: s. 2(3); ss 3, 5, 10-16, 17(2), 19-23 on 1.7.06: s. 2(4); ss 6-9, 26 on 26.7.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Owners Corporations Act 2006, No. 69/2006
Assent Date:
19.9.06
Commencement Date:
S. 224(Sch. 3 item 1) on 31.12.07: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 1) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Accident Compensation Amendment Act 2007, No. 34/2007
Assent Date:
14.8.07
Commencement Date:
Ss 3-6 on 15.8.07: s. 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Transport Accident and Accident Compensation Acts Amendment Act 2007, No. 60/2007
Assent Date:
27.11.07
Commencement Date:
Ss 22-25, 28 on 19.9.07: s. 2(4); ss 26, 27, 29 on 28.11.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
State Taxation and Accident Compensation Acts Amendment Act 2007, No. 68/2007
Assent Date:
11.12.07
Commencement Date:
Ss 21-24 on 12.12.07: s. 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 1) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
Assent Date:
3.6.08
Commencement Date:
S. 74 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Compensation and Superannuation Legislation Amendment Act 2008, No. 65/2008
Assent Date:
18.11.08
Commencement Date:
Ss 8, 9 on 19.11.08: s. 2(1)
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Dangerous Goods (Amendment) (Transport) Act 2008, No. 66/2008
Assent Date:
18.11.08
Commencement Date:
S. 30 on 1.1.09: Government Gazette 18.12.08 p. 2998
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
Asbestos Diseases Compensation Act 2008, No. 69/2008
Assent Date:
25.11.08
Commencement Date:
Ss 9, 10 on 26.11.08: s. 2
Current State:
This information relates only to the provision/s amending the Accident Compensation Act 1985
-------------------------------------------------------------
3. Explanatory Details
1 S. 5(1) def. of medical service: Section 3(3) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
3. Amendment of definitions
(3) The Accident Compensation Act 1985 as amended by section 3(2) applies to the repair, adjustment or replacement of hearing aids provided before the commencement of section 3(2) and to the provision, repair, adjustment or replacement of all hearing aids provided after that commencement.
2 S. 5(1) def of occupational rehabilitation service: Section 26(5) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
26. Amendment of section 99-reasonable costs
(5) The Accident Compensation Act 1985 as in force on the commencement of this section applies to services or provisions rendered on or after that commencement.
3 S. 8(1): The proposed amendments by section 82 of the Accident Compensation (WorkCover) Act 1993, No. 50/1993 are not included in this publication.
Section 82 was never proclaimed and was repealed by section 104 of the Accident Compensation (Amendment) Act 1994, No. 50/1994.
4 Pt 2: Section 64(1)-(6) of the Accident Compensation (WorkCover) Act 1992, No. 67/1992 reads as follows:
64. Former bodies
(1) On the commencement of this section-
(a) the following bodies established under the Principal Act cease to exist-
(i) the Accident Compensation Commission;
(ii) the Victorian Accident Rehabilitation Council;
(iii) the Accident Compensation Tribunal;
(iv) the WorkCare Appeals Board; and
(b) the office of member of the Accident Compensation Tribunal is abolished and the appointments and commissions of members are revoked; and
(c) all property, rights and assets of the Accident Compensation Commission, the WorkCare Appeals Board or the Victorian Accident Rehabilitation Council vest in the Victorian WorkCover Authority; and
(d) all liabilities of the Accident Compensation Commission, the WorkCare Appeals Board or the Victorian Accident Rehabilitation Council become liabilities of the Victorian WorkCover Authority; and
(e) the Victorian WorkCover Authority is the successor in law of the Accident Compensation Commission and the Victorian Accident Rehabilitation Council.
(2) On and after the commencement of this section-
(a) any money invested by the Registrar under section 65(4), 71L(4) or 72H(4) of the Principal Act as in force immediately before the commencement of this section; and
(b) any real or personal property held by the Registrar under any of those sections as so in force-
vests by force of this section in the Victorian WorkCover Authority.
(3) The person who, immediately before the commencement of this section was the Registrar of the Accident Compensation Tribunal is entitled to be indemnified from the WorkCover Authority Fund against any liability or claim arising under section 65(4), 71L(4) or 72H(4) of the Principal Act as in force immediately before the commencement of this section.
(4) On and after the commencement of this section, any reference in any Act, regulation, subordinate instrument or other document whatsoever to the Accident Compensation Commission or the Victorian Accident Rehabilitation Council is to be construed as a reference to the Victorian WorkCover Authority, unless the contrary intention appears.
(5) Except as expressly provided in this Act, a proceeding, matter or inquiry shall not in any way be abated or affected by reason of the repeal of any provision of the Principal Act by this Act.
(6) On the commencement of this section, the Victorian WorkCover Authority is substituted as a party to any proceedings pending in the Accident Compensation Tribunal or any court to which the Accident Compensation Commission or the Victorian Accident Rehabilitation Council was a party immediately before that commencement.
5 S. 22: Sections 9-11 of the Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996 read as follows:
9. Determination of staff to be transferred
The Minister administering the Principal Act must designate in writing the officers and employees of the public service who are employed in the administration and enforcement of the Occupational Health and Safety Act 1985, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994 who are to become officers and employees of the Authority under section 10.
10. Transfer of staff
(1) On and from the commencement of this section, any officer or employee designated under section 9-
(a) is deemed to have been appointed by the Authority under section 22 of the Principal Act; and
(b) is entitled to remuneration, terms and conditions determined by the Minister administering the Principal Act to be no less favourable than those which he or she received or was entitled to receive immediately before that commencement as such an officer or employee; and
(c) retains any entitlement to long service leave, annual leave, sick leave or maternity leave accrued or accruing to that person immediately before that commencement; and
(d) ceases to be an officer or employee of the public service.
(2) Section 22(3) of the Principal Act applies to a person deemed under subsection (1) to have been appointed by the Authority.
(3) A person is not entitled to any compensation as a result of the person ceasing to be an officer or employee of the public service by virtue of this section.
11. Supreme Court-limitation of jurisdiction
It is the intention of section 10(3) to alter or vary section 85 of the Constitution Act 1975.
6 S. 32(3)(d): Section 10(2)(3) of the Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995 reads as follows:
10. Amendment of other Acts
(2) A provision of an Act amended by an item in Schedule 1 continues to apply to or in respect of-
(a) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and financial arrangements entered into or performed and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act before the commencement of this section; and
(b) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act after that commencement, pursuant to arrangements entered into before that commencement; and
(c) the investment of moneys or exercise of powers made before the commencement of that section-
as if this section had not been enacted.
(3) A guarantee given by or on behalf of the Government or State of Victoria or by the Treasurer and in force under an Act amended by an item in Schedule 1 before the commencement of this section has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.
7 S. 32(6): See note 6.
8 S. 32(7): See note 6.
9 S. 33: See note 6.
10 Pt 3: See note 4.
11 S. 39(1): Section 63(1) of the Accident Compensation (WorkCover) Act 1992, No. 67/1992 (as amended by section 65(1) of the Accident Compensation (Amendment) Act 1994, No. 50/1994, section 50(1) of the Accident Compensation (Amendment) Act 1996, No. 7/1996, section 30(1) of the Accident Compensation (Further Amendment) Act 1996, No. 60/1996 and section 62 of the Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997) reads as follows:
63. Supreme Court-limitation of jurisdiction
(1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent-
(a) the Supreme Court exercising jurisdiction conferred on, or excluded from the jurisdiction of, the County Court under section 39(1) or 40(1)(a) or (c) of the Principal Act as amended by this Act and as amended by section 11 of the Accident Compensation (Miscellaneous Amendment) Act 1997;
(b) the Supreme Court exercising jurisdiction conferred on the Magistrates' Court under section 43(1) of the Principal Act as amended by this Act;
(c) an appeal on the merits to the Supreme Court from an opinion of a Medical Panel under section 45(1)(c) or section 99AB(1)(c) or a determination under section 98(2B) by a person and in the manner approved by a Medical Panel under section 98(2A) of the Principal Act as amended by this Act or the Authority or a self-insurer under section 115 or 115A(8) of the Principal Act as so amended but not to alter or vary section 85 of the Constitution Act 1975 so as to affect the jurisdiction of the Supreme Court to grant any other relief or remedy;
(d) the Supreme Court making a judgment or order for damages or approving a settlement or compromise in an amount exceeding the limits or without the reductions referred to in section 135 of the Principal Act as inserted by section 46(1) of this Act and as amended by section 64 of the Accident Compensation (Amendment) Act 1994 and as amended by section 46 of the Accident Compensation (Miscellaneous Amendment) Act 1997 or in section 135A of the Principal Act as inserted by section 46(3) of this Act and as amended by section 64 of the Accident Compensation (Amendment) Act 1994 and as amended by sections 32 and 33 of the Accident Compensation (Amendment) Act 1996 and as amended by section 11 of the Accident Compensation (Further Amendment) Act 1996 and as amended by section 47 of the Accident Compensation (Miscellaneous Amendment) Act 1997;
(e) the Supreme Court making a judgment or Order for damages or approving a settlement or compromise in respect of an injury arising before 1 December 1992, except in the circumstances specified in section 135B of the Principal Act as inserted by section 46(3) of this Act and as amended by section 64 of the Accident Compensation (Amendment) Act 1994.
12 S. 40(1)(a): See note 3.
13 S. 40(1)(c): See note 3.
14 S. 43(1): See note 3.
15 S. 43(1)(b): Section 8(3) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
8. Amendment of section 43-Magistrates' Court jurisdiction
(3) The Accident Compensation Act 1985 as amended by this section applies to and in respect of any proceedings commenced on or after this Act receives the Royal Assent.
16 S. 43(2): See note 6.
17 S. 50(2B): Section 10(2) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
10. Amendment of section 50-costs where direction revoked
(2) Section 50 of the Accident Compensation Act 1985 as amended by this section applies in respect of the revocation of a direction made on or after the commencement of this section, whether or not the application was made before, on or after that commencement.
18 S. 50(4): Section 11(2) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
11. Amendment of section 50-costs on settlement or compromise
(2) Section 50 of the Accident Compensation Act 1985 as amended by this section applies in respect of any settlement or compromise made on or after the commencement of this section.
19 S. 50(5): See note 18.
20 S. 50(6): See note 18.
21 S. 92(1): Section 37(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
37. County Court to determine compensation for death
(2) The Principal Act as amended by subsection (1) applies to determinations made after the commencement of this section.
22 S. 92(3): See note 21.
23 S. 92(4): See note 21.
24 S. 92(6): See note 21.
25 S. 92(7): See note 21.
26 S. 93B(3): Section 16(8) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
16. Weekly payments
(8) Despite section 4A of the Accident Compensation Act 1985-
(a) the Accident Compensation Act 1985 as in force after the commencement of this section applies in respect of the entitlement of a worker to weekly payments unless paragraph (b) applies; and
(b) the Accident Compensation Act 1985 as in force before the commencement of this section continues to apply in respect of the entitlement of a worker to weekly payments where the period of 104 weeks of incapacity has expired before the commencement of this section.
27 S. 93B(3A): See note 26.
28 S. 93DA: See note 26.
29 S. 98(1) Table: Section 41(4) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
41. Industrial deafness
(4) Section 98 of the Principal Act as amended by subsections (1) and (2) applies in respect of claims for compensation made on or after 1 April 1994.
30 S. 98(2AA): Section 41(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
41. Industrial deafness
(2) After section 98(2) of the Principal Act insert-
"(2AA) Compensation is not payable under this section for a loss of hearing unless the percentage of the diminution of hearing is at least 7.".
Section 41(4) of the Accident Compensation (Amendment) Act 1994,
No. 50/1994 reads as follows:
41. Industrial deafness
(4) Section 98 of the Principal Act as amended by subsections (1) and (2) applies in respect of claims for compensation made on or after 1 April 1994.
Subsection (2AA) inserted by section 41(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 was in force from 1 April to 1 July 1994.
31 S. 98(2AA): Section 41(5) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
41. Industrial deafness
(5) Section 98 of the Principal Act as amended by subsection (3) applies in respect of claims for compensation made on or after commencement of this subsection.
Section 41(5) came into operation on 1 July 1994.
32 S. 98(2A): See note 11.
33 S. 98(2A): See note 31.
34 S. 98(2AB): See note 31.
35 S. 98(2AB)(a): Section 23(3) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
23. Amendment of section 98-loss of hearing
(3) Section 98 of the Accident Compensation Act 1985 as amended by this section applies in respect of all determinations made on or after the commencement of this section.
36 S. 98(2AC): See note 35.
37 S. 98(2B): See note 11.
38 S. 100(1): Government Gazette of 21 June 2007 pages 1250-1255 reads as follows:
Accident Compensation Act 1985
NOTICE OF INDEXED BENEFIT LEVELS AND OTHER AMOUNTS IN ACCORDANCE WITH SECTION 100 OF THE ACCIDENT COMPENSATION ACT 1985 AND REGULATION 20 OF THE ACCIDENT COMPENSATION REGULATIONS 2001
Section 100(1) of the Accident Compensation Act 1985 stipulates that certain amounts in Part IV and in Section 5A of the Act are varied on 1 July each year in line with the movement in the average weekly earnings for all employees in Victoria between the two previous December quarters, using the latest figures published by the Australian Statistician as at 30 May following the previous December quarter. Weekly payments are indexed on the anniversary of the entitlement to weekly payments as detailed in Section 100(2) of the Act.
The average weekly earnings for all employees in Victoria between the December quarter of 2005 and the December quarter 2006 increased from $809.80 to $820.30 which is an increase of 1×30%.
Following legislative changes in December 1997 some amounts are indexed by the rise in Consumer Price Index. The Consumer Price Index between the December quarter of 2005 and the December quarter of 2006 increased from 149.2 to 153.5 which is an increase of 2×88%.
Following legislative changes in December 2003, the formulas for calculating non-economic loss in respect of permanent impairment have been amended. Some amounts of compensation for non-economic loss have been increased in certain circumstances.
Following legislative changes in December 2004 and further changes in June 2005, a formula for calculating non-economic loss in circumstances where there has been a further loss of hearing was inserted into section 98C(3A). This formula applies to further loss of hearing which occurred after 12 November 1997.
Further legislative changes in 2006 increased the lump sum compensation amount available for the death of a worker to $250,000, for a death occurring on or after 1 July 2006.
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
COMPENSATION FOR DEATH OF A WORKER (CPI)
Revised compensation for
death of worker
92A(4)
For a dependent partner or partners in equal shares
$250,000
$257,210
92A(5)
For an orphan child or orphan children in equal shares
$250,000
$257,210
92A(6)(a)
For a dependent partner(s) where there is one dependent child
$225,000
$231,480
92A(6)(b)
For the dependent child
$25,000
$25,720
92A(7)
For a dependent partner(s) where there are more than one dependent child but not more than 5 dependent children payable in the following shares:
total amount of
$250,000
$257,210
92A(7)(a)
To each dependent child
$12,500
$12,860
92A(7)(b)
To partner/partners
Balance
Balance
92A(8)
For a dependent partner(s) where there are more than 5 dependent children payable in the following shares:
total amount of
$250,000
$257,210
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
92A(8)(a)
To partner or partners in equal shares
$187,500
$192,900
92A(8)(b)
To the dependent children in equal shares
$62,500
$64,300
92A(8A)
Maximum lump sum for dependent children if no dependent partner
$250,000
$257,210
92A(8B)
Maximum lump sum for a partially dependent partner(s), and dependent partner(s) or dependent children
$250,000
$257,210
92A(9)
Maximum lump sum for any other dependants if no dependent partner or dependent child
$250,000
$257,210
WEEKLY PENSIONS FOR DEPENDANTS OF WORKER WHO DIES (AWE)
During the first 13 weeks
92B(3)(a)(ii)
Maximum weekly pension for a dependent partner
$1,190
$1,210
92B(4)(a)(ii)
Maximum weekly pension for 2 or more dependent partners in equal shares
$1,190
$1,210
92B(5)(a)(ii)
Maximum weekly pension for one orphan child
$1,190
$1,210
92B(6)(a)(ii)
Maximum weekly pension for 2 or more orphan children in equal shares
$1,190
$1,210
After first 13 weeks until the
end of 3 years
92B(3)(b)(i)
Maximum weekly pension for a dependent partner
$1,190
$1,210
92B(3)(b)(ii)
Weekly pension calculation for a dependent partner where there are not more than 5 dependent children and overall cap applies
$1,190
$1,210
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
92B(3)(b)(iii)
Weekly pension for a dependent partner where there are more than 5 dependent children and overall cap applies
$796
$806
92B(4)(b)(i)
Maximum weekly pension for 2 or more dependent partners in equal shares
$1,190
$1,210
92B(4)(b)(ii)
Weekly pension calculation for 2 or more dependent partners, where there are not more than 5 dependent children and overall cap applies
$1,190
$1,210
92B(4)(b)(iii)
Weekly pension for 2 or more dependent partners, where there are more than 5 dependent children and overall cap applies in equal shares
$796
$806
After first 13 weeks until child
ceases to be eligible
92B(5)(b)(ii)
Maximum weekly pension for one orphan child
$1,190
$1,210
92B(6)(b)(ii)
Maximum weekly pension for 2 or more orphan children in equal shares
$1,190
$1,210
92B(7)(b)
Weekly pension calculation for each dependent child where there are not more than 5 dependent children and overall cap applies
$1,190
$1,210
92B(8)(b)
Weekly pension for dependent children where there are more than 5 dependent children and overall cap applies in equal shares
$395
$400
92B(11)
Total amount of weekly pensions
$1,190
$1,210
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
WEEKLY PAYMENTS (AWE)
First 26 weeks incapacity
Where worker has no current
work capacity
93A(2)(a)(ii)
Maximum weekly payment
$953
$965
Where worker has a current
work capacity
93A(2)(b)(ii)
Maximum weekly payments-less notional earnings
$953
$965
After 26 weeks incapacity
Worker has a serious injury
93B(1)(a)(ii)
Maximum weekly payment is - less 90% of notional earnings
$953
$965
Worker does not have a serious
injury but has no current
work capacity
93B(1)(b)(ii)
Maximum weekly payments
$953
$965
Worker does not have a serious
injury but has a current
work capacity
93B(1)(c)(ii)
Maximum weekly payment is - less 70% of notional earnings
$953
$965
GRANDFATHER PROVISIONS (AWE)
93C(5)(c)(iii)
Minimum earnings for a worker who has a current work capacity after 130 weeks of payments as specified in section 93CD(3)(a)
$139
$141
93C(11)(b)
(iii)
Minimum earnings for a worker who has a current work capacity after 130 weeks of payments as specified in section 93CD(3)(a)
$139
$141
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
WEEKLY PAYMENTS (AWE)
Weekly payments for First
Entitlement Period
(first 13 weeks)
93CA(2)(a)(ii)
Maximum weekly payment where worker has no current work capacity
$1,190
$1,210
93CA(2)(b)(ii)
Maximum weekly payment where worker has a current work capacity - less notional earnings
$1,190
$1,210
Weekly payments for Second
Entitlement Period
(14-130 weeks)
93CB(2)(a)(ii)
Maximum weekly payment where worker has no current work capacity
$1,190
$1,210
93CB(2)(b)(ii)
Maximum weekly payment where worker has a current work capacity - less 75% of notional earnings
$1,190
$1,210
Weekly payment after the
expiry of the second
entitlement period
93CC(2)(b)
Maximum weekly payment where worker has been assessed as having no current work capacity and likely to continue indefinitely to have no current work capacity
$1,190
$1,210
93CD(3)(a)
Minimum earnings for a worker who has returned to work
$139
$141
93CD(5)(b)
Maximum weekly payment where Authority or self-insurer has made a determination - less 75% of worker's current weekly earnings
$1,190
$1,210
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
COMPENSATION FOR NON-ECONOMIC LOSS (CPI)
Permanent Impairment -
Calculations of Amounts of
Non-economic Loss
98C(2)(b)
Where worker's impairment benefit rating is 10% or more and less than 11%
$9,650
$8,210
$9,930
$8,450
98C(2)(c)
Where worker's impairment benefit rating is not less than 10% and
not more than 30%
$15,550
$2,330
$16,000
$2,400
98C(2)(d)
Where worker's impairment benefit rating is more than 30% and
not more than 70%
$62,210
$3,880
$64,000
$3,990
98C(2)(e)
Where worker's impairment benefit rating is more than 70% and
not more than 80%
$217,820
$15,560
$224,100
$16,010
98C(2)(f)
Where worker's impairment benefit rating is more than 80%
$373,420
$384,180
Psychiatric Impairment -
Calculations of Amounts of
Non-economic Loss
98C(3)(b)
Where worker's degree of impairment is not less than 30% and
not more than 50%
$12,450
$4,050
$12,810
$4,170
98C(3)(c)
Where worker's degree of impairment is more than
50% and
not more than 70%
$93,380
$6,220
$96,070
$6,400
98C(3)(d)
Where worker's degree of impairment is more than
70% and
not more than 80%
$217,820
$15,560
$224,100
$16,010
98C(3)(e)
Where worker's degree of impairment is more than 80%
$373,420
$384,180
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
Permanent Impairment - Calculation of Amounts of Non-economic Loss for Further Injury Industrial Deafness
98C(3A)(a)
Where "T" is not less than 10% and not more than 30% and "P" is less than 10%
$2,330
$1,550
$2,400
$1,590
98C(3A)(b)
Where "T" is not less than 10% and not more than 30% and "P" is not less than 10%
$2,330
$2,400
98C(3A)(c)
Where "T" is more than 30% and "P" is less than 10%
$3,880
$2,330
$1,550
$3,990
$2,400
$1,590
98C(3A)(d)
Where "T" is more than 30% and "P" is not less than 10% and is less than 30%
$3,880
$2,330
$3,990
$2,400
98C(3A)(e)
Where "T" is more than 30% and "P" is not less than 30%
$3,880
$3,990
Other non-economic loss
98C(4)
Loss of a foetus or loss of more than one foetus
$55,930
$57,540
98C(7)
Maximum amount of compensation for more than one injury suffered on the same occasion
$373,420
$384,180
98C(8)
Maximum amount of compensation for more than one kind of non-economic loss for the same injury
$373,420
$384,180
NO DISADVANTAGE - COMPENSATION TABLE (AWE)
98E
Total loss of the sight of both eyes
$226,320
$229,250
Total loss of the sight of an only eye
$226,320
$229,250
Loss of both hands
$226,320
$229,250
Loss of both feet
$226,320
$229,250
Loss of a hand and a foot
$226,320
$229,250
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
Total loss of the right arm or of the greater part of the right arm
$181,050
$183,400
Total loss of the left arm or of the greater part of the left arm
$169,730
$171,930
Total loss of the right hand or of five fingers of the right hand, or of the lower part of the right arm
$158,400
$160,450
Total loss of the left hand or of five fingers of the left hand, or of the lower part of the left arm
$147,120
$149,030
Total loss of a leg
$169,730
$171,930
Total loss of a foot
$147,120
$149,030
Total loss of the lower part of the leg
$158,400
$160,450
Total loss of the sight of one eye, together with the serious diminution of the sight of the other eye
$169,730
$171,930
Total loss of hearing
$147,120
$149,030
Total loss of the sight of one eye
$90,520
$91,690
Loss of binocular vision
$90,520
$91,690
Loss of eyeball (in addition to compensation for loss of sight of an eye)
$49,790
$50,440
Total loss of power of speech
$135,790
$137,550
Total loss of sense of taste or smell
$38,480
$38,980
Total loss of senses of both taste and smell
$76,950
$77,950
Total loss of male sexual organs
$106,380
$107,760
Total loss of penis
$106,380
$107,760
Total loss of one testicle
$22,610
$22,900
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
Total loss of two testicles or an only testicle
$106,380
$107,760
Total loss of female sexual organs
$106,380
$107,760
Total loss of both breasts
$106,380
$107,760
Total loss of one breast
$67,880
$68,760
Total loss of the thumb of the right hand
$67,880
$68,760
Total loss of the thumb of the left hand
$58,850
$59,610
Total loss of the forefinger of the right hand
$47,540
$48,160
Total loss of the forefinger of the left hand
$40,720
$41,250
Total loss of two joints of the forefinger of the right hand
$36,200
$36,670
Total loss of two joints of the forefinger of the left hand
$27,140
$27,490
Total loss of a joint of the thumb
$36,200
$36,670
Total loss of the first joint of the forefinger of the right hand
$22,610
$22,900
Total loss of the first joint of the forefinger of the left hand
$20,380
$20,640
Total loss of the first joint of the middle or little or ring finger of either hand
$13,570
$13,750
Total loss of the middle finger of either hand
$27,140
$27,490
Total loss of the little or ring finger of either hand
$24,910
$25,230
Total loss of two joints of the middle finger of either hand
$22,610
$22,900
Total loss of two joints of the little or ring finger of either hand
$20,380
$20,640
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
Total loss of the great toe of either foot
$49,790
$50,440
Total loss of a joint of the great toe of either foot
$22,610
$22,900
Total loss of any other toe
$13,570
$13,750
Total loss of a joint of any other toe
$4,530
$4,590
Quadriplegia
$226,320
$229,250
Paraplegia
$226,320
$229,250
Total impairment of the spine
$226,320
$229,250
98E(5)
Maximum total amount of compensation allowable under 98E Table
$226,320
$229,250
MEDICAL AND LIKE SERVICES (CPI)
99(1)(aa)
Maximum Family Counselling expenses
$1,960
$2,020
99(5)
Employer's Liability
$531
$546
125(1)(a)(iii)
Employer's initial liability for medical and like services
$531
$546
125A(3)(c)
Employer's initial liability for medical and like services
$531
$546
LIABILITY OF PRIOR INSURER (AWE)
129B(7)
Minimum payments for contribution injury
$11,860
$12,010
ACTIONS FOR DAMAGES
Pecuniary Loss (AWE)
134AB(22)(a) (i)
Threshold
$47,210
$47,820
134AB(22)(a)
(ii)
Maximum
$1,062,800
$1,076,580
Pain and Suffering (AWE)
134AB(22)(b)
(i)
Threshold
$45,590
$46,180
134AB(22)(b)
(ii)
Maximum
$462,720
$468,720
Section
Provision
Rate
before
1 July 07
Rate
from
1 July 07
Pecuniary Loss (AWE)
135A(7)(a)(i)
Threshold
$47,210
$47,820
135A(7)(a)(ii)
Maximum
$1,062,800
$1,076,580
Pain and Suffering (CPI)
135A(7)(b)(i)
Threshold
$41,900
$43,110
135A(7)(b)(ii)
Maximum
$425,130
$437,380
Damages under Part III of the
Wrongs Act 1958 (AWE)
135C(2)
Death of a person
$701,130
$710,220
PRE-INJURY AVERAGE WEEKLY EARNINGS (AWE)
5A(8)
Where no rate applicable
$1,190
$1,210
5A(9)(b)
Deemed Pre-injury Average Weekly Earnings for a full-time student at time of completion of course
$1,190
$1,210
5A(11)(b)
Deemed Pre-injury Average Weekly Earnings for a full-time student at a primary or secondary school at time of completion of secondary school
$953
$965
MAXIMUM ASSESSMENT FEE FOR APPLICATION FOR APPROVAL AS A SELF-INSURER (AWE)
Regulation 20
Maximum assessment fee
$43,760
$44,330
39 S. 112(1): The amendment proposed by section 98(Sch. 1 item 1.3) of the Chiropractors Registration Act 1996, No. 63/1996 is not included in this publication because the words "registered chiropractor and osteopath" appear in s. 112(5).
40 S. 114(9): See note 26.
41 S. 114B(2): See note 26.
42 S. 114B(3): See note 26.
43 S. 114B(4): See note 26.
44 S. 114B(5): See note 26.
45 Pt 4 Div. 7: Section 63(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
63. Administration by State Trust Corporation of Victoria
(2) The Principal Act as amended by subsection (1) applies in respect of payments of compensation to which section 130 of the Principal Act applies which are paid after the commencement of subsection (1).
46 S. 130: Section 63(3)(4) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
63. Administration by State Trust Corporation of Victoria
(3) Subject to subsection (4), payments of compensation to which section 130 of the Principal Act applies which have been paid to the Authority in accordance with the Principal Act as in force before the commencement of subsection (1) are to continue to be administered by the Authority in accordance with the Principal Act as in force before that commencement.
(4) On the appointed day-
(a) the administration of payments of compensation to which subsection (3) applies is transferred to the State Trust Corporation of Victoria; and
(b) the Authority must transfer to the State Trust Corporation of Victoria such assets (including any money) as the Authority determines to be equivalent in value to the value of payments of compensation administered by the Authority.
47 S. 135: See note 11.
48 S. 135: Section 64(11) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
64. Amendment of sections 135, 135A and 135B
(11) The amendments made to the Principal Act by this section-
(a) do not affect the rights of the parties in the proceeding known as Jim Isaac Robart v. Matchplan Pty. Ltd. (In Liquidation) (No. 7267 of 1993) in the Supreme Court of Victoria; and
(b) do not affect any order or liability to pay costs, or payment of costs, made before the date on which the Accident Compensation (Amendment) Act 1994 receives the Royal Assent.
49 S. 135A: See note 11.
50 S. 135A: See note 50.
51 S. 135A(2A): Section 32(2) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
32. Amendment of section 135A
(2) Section 135A of the Accident Compensation Act 1985 as amended by this section applies in respect of any proceedings brought on or after the commencement of this section.
52 S. 135A(2B): See note 53.
53 S. 135A(2C): See note 53.
54 S. 135A(3A): Section 33(3) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows:
33. Amendment of section 135A-"serious injury"
(3) This section does not affect the rights of the parties in any proceedings commenced and determined before 16 May 1996.
55 S. 135B: See note 11.
56 S. 135B: See note 50.
57 S. 142(4)(a): Section 71(3) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
71. Amendment of sections 142 and 142A
(3) Sections 142 and 142A of the Principal Act as amended by this section apply in respect of an approval under Part V of the Principal Act, whether made before, on or after the commencement of this section.
58 S. 142A(3)(a): See note 59.
59 Pt 6: Section 77 of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
77. Savings provision
Without derogating from the Interpretation of Legislation Act 1984-
(a) an occupational rehabilitation program or risk management program established and maintained; or
(b) a return to work plan prepared; or
(c) a return to work co-ordinator nominated; or
(d) any approval given-
under the Accident Compensation (Occupational Rehabilitation and Risk Management) Regulations 1993 before 1 July 1994 and in force on that date is deemed to have been established, maintained, prepared, nominated or given, as the case may be, under the Principal Act as amended by this section.
60 S. 156: Section 92(3)(b) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
92. WorkCover Insurance for work experience students
(b) after section 156(9) insert-
"(10) This section does not apply to an employer of a worker in respect of a worker referred to in section 7(4A) of the Accident Compensation (WorkCover Insurance) Act 1993.".
Section 92(3) came into operation on 30 June 1993 (at 4 p.m.). Section 76 of the Accident Compensation (Amendment) Act 1994, No. 50/1994 which substituted section 156, was in operation from 30 June 1993 (at 4 p.m.) to 1 July 1994.
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Part I-Preliminary
Accident Compensation Act 1985
No. 10191 of 1985