Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 32

WorkCover Authority Fund

32. WorkCover Authority Fund



(1) The Authority must establish and maintain a Fund to be called the
WorkCover Authority Fund.

(2) The following funds established under this Act as in force immediately
before the commencement of section 9 of the Accident Compensation (WorkCover)
Act 1992-

   (a)  The Accident Compensation Fund;

   (b)  The Accident Compensation Tribunal Fund;

   (ba) The Appeals Board Fund;





   (c)  The Medical Panels Fund;

   (d)  The Victorian Accident Rehabilitation Fund-

become, on that commencement, part of the WorkCover Authority Fund and any
money authorised by the Act prior to that commencement to be paid into those
Funds or any payments authorised by the Act prior to that commencement to be
paid out of those Funds shall be paid into or may be paid out of the WorkCover
Authority Fund.

(2A) The following funds established under the
Accident Compensation (WorkCover Insurance) Act 1993 as in force immediately
before the commencement of Part 2 of the Accident Compensation (Amendment) Act
1998-

   (a)  the statutory funds of authorised insurers;

   (b)  the Uninsured Employers and Indemnity Fund-

become, on that commencement, part of the WorkCover Authority Fund and any
money authorised by the Accident Compensation (WorkCover Insurance) Act 1993
prior to that commencement to be paid into those funds or any payments
authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior
to that commencement to be paid out of those funds must be paid into or may be
paid out of the WorkCover Authority Fund.

(3) There must be paid into the Fund-



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   (b)  any amount recovered as penalties for offences against this Act, the
        Accident Compensation (WorkCover Insurance) Act 1993 or the
        Workers Compensation Act 1958;



   (ba) any amount-



   (i)  recovered as a penalty for an offence against the
        Occupational Health and Safety Act 2004, the
        Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985 or
        the Mines Act 1958 or the regulations made under any of those Acts if
        the proceedings were brought by or on behalf of the Authority or by an
        inspector appointed by the Authority under any of those Acts; or

   (ii) received as payment for a penalty for an offence against any of the
        Acts specified in subparagraph (i) or the regulations made under any
        of those Acts for which an infringement notice has been issued;

   (bb) any fee payable under-

   (i)  the Occupational Health and Safety Act 2004 or the
        Equipment (Public Safety) Act 1994 or regulations made under either of
        those Acts, unless the regulations made under either of those Acts
        provide that those fees are otherwise payable; and

   (ii) the Dangerous Goods Act 1985 and the regulations made under that Act;

   (bc) any amount certified by the Treasurer, after consultation with the
        Minister, as a contribution from the Consolidated Fund to the costs
        and expenses of or incidental to the administration by the Authority
        of the Occupational Health and Safety Act 2004, the
        Equipment (Public Safety) Act 1994, the Dangerous Goods Act 1985 and
        the Mines Act 1958;

   (c)  any income from the investment of any money credited to the Fund and
        the proceeds of the sale of any investment;

   (d)  any money that the Authority borrows6;





   (e)  any money required or permitted to be paid into the Fund under this
        Act or any other Act;

   (f)  all other money that the Authority receives under or for the purposes
        of occupational health and safety, accident compensation or
        occupational rehabilitation;

   (fa) premiums received for WorkCover insurance policies;





   (fb) any other amount or penalty paid in connection with WorkCover
        insurance policies;

   (fc) registration fees paid under section 58 of the
        Accident Compensation (WorkCover Insurance) Act 1993;

   (fd) any amount recovered or penalty received from uninsured employers;



   (fe) any amount recovered in relation to claims against the Uninsured
        Employers and Indemnity Scheme;

   (g)  all other money that the Authority receives under or for the purposes
        of this Act or any other Act.

(4) There may be paid out of the Fund-

   (a)  payments of compensation or any other payments required under this or
        any other Act or any regulation made under this or any other Act to be
        paid out of the Fund;

   (b)  payments to the Consolidated Fund of amounts certified by the
        Treasurer, after consultation with the Minister, representing the
        costs incurred, or to be incurred, annually by the Ombudsman in
        enquiring into or investigating administrative actions (as defined by
        the Ombudsman Act 1973) of the Authority, of authorised agents and
        self-insurers under this Act and of delegates in administering claims
        under the Workers Compensation Act 1958;



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   (d)  any payment of an amount certified by the Minister on the advice of
        the Attorney-General toward costs incurred by the County Court, the
        Magistrates' Court or the Tribunal arising out of the operation of
        this Act;

   (e)  any payment required or authorised to be made or which is for or
        towards the costs and expenses of or incidental to the performance of
        the functions or the exercise of the powers of the Authority;

   (f)  the remuneration (including allowances) of the Board of Directors and
        staff of the Authority and, where appropriate, any member of the
        WorkCover Advisory Committee or Occupational Health and Safety
        Advisory Committee (within the meaning of the
        Occupational Health and Safety Act 2004);

   (fa) any remuneration (including allowances) of members of Medical Panels
        and such costs and expenses incurred in connection with the operation
        of Division 3 of Part III as are approved by the Authority;

   (fb) any payment required to meet the obligation imposed on the Authority
        by section 52L;



   (g)  all money required for the repayment of borrowings by the Authority
        and for the payment of interest payable in respect of the borrowings;

   (h)  any remuneration payable to authorised agents and any payment whether
        for the whole or part of the cost of studies or programmes approved by
        the Authority carried out or developed for in respect of employers or
        industries by agents appointed under section 23; and

   (ha) any payment arising under or in connection with a WorkCover insurance
        policy;





   (hb) any payment towards a claim against the Uninsured Employers and
        Indemnity Scheme;





   (hc) any payment of costs and expenses in relation to a claim against the
        Uninsured Employers and Indemnity Scheme;

   (hd) any payment of expenses incurred by or on behalf of the Authority in
        administering the Uninsured Employers and Indemnity Scheme;

        (i)    any other costs and expenses incurred by the Authority under
               this Act or any other Act.

(5) For the purposes of this section and the
Accident Compensation (WorkCover Insurance) Act 1993 the Authority may open
and maintain one or more accounts in the name of the Authority with any
authorised deposit-taking institution or institutions.

(6) The Authority may invest any money standing to the credit of the WorkCover
Authority Fund in accordance with the powers conferred on it under the
Borrowing and Investment Powers Act 19877.

(7) Where any money is invested in accordance with subsection (6) in the
purchase of any land or the construction or alteration of any buildings, the
whole or part of the land or buildings may be used by the Authority in
connection with its powers, duties or functions under this Act or any other
Act8.

(8) In the performance of its functions the Authority may for the purposes of
and in accordance with any rule of any court in that behalf execute and lodge
with the proper officer of the court a bond conditioned for the payment into
court by the Authority of a sum of money in satisfaction of any claim.