Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 125A

Liability to pay compensation-on or after 4 p.m. on 30 June 1993

125A. Liability to pay compensation-on or after 4 p.m. on 30 June 1993



(1) This section applies to the liability to pay compensation in respect of an
injury arising out of or in the course of any employment on or after 4 p.m. on
30 June 1993.

(2) Where a worker or a worker's dependants are entitled to compensation in
respect of an injury arising out of or in the course of any employment on or
after 4 p.m. on 30 June 1993, the liability to pay compensation is to be
assumed in all cases by the worker's employer.

(3) A WorkCover insurance policy under the
Accident Compensation (WorkCover Insurance) Act 1993 in respect of an
employer's liability under subsection (2) is subject to an employer's excess
in respect of each claim equal to-

   (a)  in the case of weekly payments in respect of a worker who has no
        current work capacity or has a current work capacity, being a
        full-time worker, the first 10 days of the period of incapacity
        resulting from the relevant injury; and

   (b)  a proportion of the weekly payments in respect of a worker who has no
        current work capacity or has a current work capacity who is not a
        full-time worker with that employer for the first 10 days of the
        period of incapacity resulting from the relevant injury; and

   (c)  payment of the first $506 of the reasonable costs referred to in
        section 99(1)(a) in relation to the relevant injury.



(3A) A payment or payments made by an employer to a worker to discharge the
employer's liability under the employer's excess does not prejudice the
determination of the liability of the employer above the employer's excess.



(4) The proportion for the purposes of subsection (3)(b) is the number of
hours per week which the worker works for the employer as a proportion of the
total number of hours per week which the worker works for all employers.



(5) In subsection (3), a reference to a relevant injury in relation to a
worker does not include a reference to a recurrence of any pre-existing injury
or disease in respect of which the worker is entitled to compensation under
this Act where the worker's employment was a significant contributing factor
to that recurrence.

(6) Subject to guidelines issued by the Authority and in accordance with the
premiums order, an employer may elect to increase, reduce or eliminate the
excess under subsection (3) by paying an adjusted premium under the employer's
WorkCover insurance policy under the
Accident Compensation (WorkCover Insurance) Act 1993.

(7) The premiums order made under section 15 of the
Accident Compensation (WorkCover Insurance) Act 1993 may specify different
rates or levels of premium for the purposes of this section.

(8) Subsection (3) does not apply to the liability to pay compensation in
respect of an injury to a worker referred to in paragraph (d) or (e) of the
definition of worker in section 5.

(9) Subsection (3) does not apply to the liability to pay compensation in
respect of an injury-

   (a)  resulting from a transport accident within the meaning of the
        Transport Accident Act 1986; and

   (b)  deemed to have arisen out of or in the course of any employment by
        reason of section 83(1)(a) or 83(1)(c).

(10) For the purposes of subsection (3), in calculating the first 10 days of
the period of incapacity resulting from the relevant injury-

   (a)  the day on which the incapacity commenced must be included; and

   (b)  any day on which the worker would not have worked if he or she had not
        suffered the injury must be excluded.