Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 16

Sporting contestants

16. Sporting contestants



(1) Except as provided in subsection (4), where a person is engaged by an
employer to participate as a contestant in a sporting or athletic activity,
neither the employer or self-insurer nor the Authority or authorised insurer
is liable to pay compensation for an injury received by the person if-

   (a)  the injury is received while the person is-

   (i)  participating as a contestant in a sporting or athletic activity;

   (ii) engaged in training or preparation with a view to so participating; or

   (iii) travelling between a place of residence and the place at which the
        person is so participating or so engaged.

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(3) For the purposes of subsection (1) person does not include a person-

   (a)  who holds a licence, permit or approval to ride granted in accordance
        with the Rules of Racing of Racing Victoria; or

   (b)  engaged to participate as a rider, not being a person referred to in
        paragraph (a), or a driver in a horse, pony or harness race at a race
        meeting within the meaning of the Racing Act 1958 on a racecourse
        licensed under that Act or on lands otherwise authorized for the
        holding of race meetings under Part I of that Act.

(4) A person-





   (a)  engaged to participate as a rider in a horse race at a race meeting
        held under the Rules of Racing of Racing Victoria; or

   (b)  who, not being an apprentice or the owner or trainer of the horse to
        be ridden, holds a licence, permit or approval to ride granted in
        accordance with the Rules of Racing of Racing Victoria and who agrees
        to do ride work on a horse at any racecourse or training track or in
        the environs of a racecourse or training track-

shall be deemed for the purposes only of this Act while participating as such
a rider or doing such riding work to be a worker solely employed by Racing
Victoria and the amounts paid to the person in respect of so participating or
doing shall be deemed to be remuneration.

(5) On and from the relevant day for the purposes only of this Act-

   (a)  the liability of The Victoria Racing Club to pay compensation under
        this Act in respect of a relevant injury is transferred to Racing
        Victoria;

   (b)  the liability of The Victoria Racing Club at common law or otherwise
        in respect of a relevant injury is transferred to Racing Victoria;

   (c)  for the purposes of Parts III, IV and VI and section 242, Racing
        Victoria is deemed to be the employer in respect of each person who
        has suffered a relevant injury;

   (d)  a WorkCover insurance policy obtained and kept in force by Racing
        Victoria is deemed to indemnify Racing Victoria in respect of all
        liabilities transferred to Racing Victoria under this subsection and
        the premium payable for such a policy may be calculated in accordance
        with the premiums order as if-

   (i)  claims in respect of relevant injuries had been made against Racing
        Victoria; and

   (ii) remuneration under subsection (4) has been paid or was payable by
        Racing Victoria;

   (e)  in-

   (i)  any claim or application made under this Act by or against The
        Victoria Racing Club; and

   (ii) any proceeding brought by or against The Victoria Racing Club- in
        relation to a relevant injury suffered by a person, that has not been
        finalised, settled or determined, Racing Victoria is deemed to be
        substituted for The Victoria Racing Club as a party to the claim,
        application or proceeding.

(6) In subsection (5)-

relevant day means the day on which section 8 of the Racing (Racing Victoria
Ltd) Act 2001 comes into operation;

relevant injury means-

   (a)  an injury to a person who, at the time of the injury, was, under
        subsection (4), deemed to be a worker employed by The Victoria Racing
        Club, being an injury-

   (i)  that occurred before the relevant day; and

   (ii) that arose out of, or in the course of or was due to the nature of the
        deemed employment under subsection (4); and

   (b)  the death of a person who suffered an injury to which paragraph (a)
        applies, if the death resulted from or was materially contributed to
        by the injury.

(7) For the purposes of giving effect to subsection (5), The Victoria Racing
Club must transfer to Racing Victoria all relevant documents and reports that
are in the possession, or under the control, of The Victoria Racing Club.

(8) In this section, Racing Victoria has the same meaning as in the
Racing Act 1958.



(9) This section is deemed to have been enacted as amended by section 8(1) of
the Accident Compensation (Miscellaneous Amendment) Act 1997.

Note The effect of this provision is that the amendments made by section 8(1)
of the Accident Compensation (Miscellaneous Amendment) Act 1997 have effect as
from 30 July 1985.

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