ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 No. 50 of 1993 Version incorporating amendments as at 28 November 2007 Accident Compensation (WorkCover Insurance) Act 1993 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purpose 2. Commencement 3. Definitions 3A. Superannuation benefits relating to services performed before 1 January 1998. 3B. Superannuation benefits not readily related to particular workers or their periods of service 4. Application of Act 5. Construction of Act 6. Act to bind Crown PART 2-WORKCOVER INSURANCE AND PREMIUMS 7. Compulsory WorkCover insurance 8. Rateable remuneration 9. WorkCover insurance policy 10. Issue and renewal of WorkCover insurance policies 11. Repealed 12. Inspection of policies 13. Evidence that employer has WorkCover insurance policy 14. Employer ceasing to exist 15. Premiums order 16. Premiums order-general provisions 17. Premiums to be calculated in accordance with premiums order 18. Estimate of rateable remuneration 19. Rateable remuneration-transitional 20. Revised estimates of rateable remuneration 21. Adjustment of premium 22. Application by employer to review premium 22A. Application for refund of premium 22B. What happens if Authority refuses or fails to determine an application for a refund or fails to make a refund? 23. Certificate of rateable remuneration 24. Assessment by Authority 25. Default penalty 26. Payment of premiums 27. Review of premium 28. Adjustment of premium after review 28A. Review of premium in certain circumstances 28B. Adjustment of premium after section 28A review 29. Notice of adjustment 30. Exercise of review and adjustment powers 31. Application of review and adjustment powers 31A. Refunds 31B. Default penalty where failure to provide full and true disclosure PART 3-LICENSING OF WORKCOVER INSURERS 32-36. Repealed 37. Records and evidence relating to licences 38. Repealed 39. Information and records to be supplied by insurers 40, 41. Repealed 42. Payment of premiums PART 4-Repealed 43-54. Repealed PART 5-UNINSURED EMPLOYERS AND INDEMNITY SCHEME 55. Uninsured Employers and Indemnity Scheme 56. Repealed 57. Claims against section 55(2)(a) or 55(2)(d) employers 58. Registration of section 55(2)(a) employer 59. Claims against section 55(2)(b) or 55(2)(c) employers 59A. Common law claim 59B. Deemed contract of insurance 60. Authority may require employer to provide information 61. Authority may recover amount in relation to claim 62. General power of Authority in relation to proceedings PART 6-GENERAL PROVISIONS 63. Transfer of Authority's liability 64. Transfer of rights, obligations and liabilities 65. Reciprocal agreements 66. Groups 66A. Joint and several liability of group members 67. Repealed 68. Recovery of premium or penalty 69. Books and accounts to be preserved 70. Warrants to enter and search 71. Evidence 72. Regulations PART 7-SAVING AND TRANSITIONAL 73. Authority is successor in law 74. Transitional provisions 75. Cancellation of licences 76. Re-insurance arrangements 77. Supreme Court-limitation of jurisdiction 78. Repealed PARTS 8, 9-Repealed 79-113. Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Accident Compensation (WorkCover Insurance) Act 1993 - PART 1 PART 1 PRELIMINARY Accident Compensation (WorkCover Insurance) Act 1993 - SECT 1 Purpose 1. Purpose The purpose of this Act is to provide for compulsory WorkCover insurance for employers under WorkCover insurance policies and the payment of premiums for WorkCover insurance policies. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 2 Commencement 2. Commencement (1) Part 1 and sections 19, 94(1), 102, 110(1) and 111(1) come into operation on the day this Act receives the Royal Assent. (2) The following sections are deemed to have come into operation as follows- (a) sections 111(2) and 112(1) on 19 November 1992; (b) sections 84(1), 92, 94(2), 95, 100 and 110(2) on 1 December 1992; (c) section 93 on 1 April 1993; (d) sections 87 and 88 on 29 April 1993. (3) The remaining provisions of this Act come into operation on a day or days to be proclaimed. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 3 Definitions 3. Definitions (1) In this Act- authorised insurer means an insurer who was the holder of a licence under Part 3 as in force immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998; authorised agent has the same meaning as it has in section 5(1) of the Accident Compensation Act 1985; Authority means the Victorian WorkCover Authority established under the Accident Compensation Act 1985; employer has the same meaning as it has in section 5 of the Accident Compensation Act 1985; exemption limit means- (a) in relation to the financial year ending 30 June 1994-$7500; and (b) in relation to each subsequent financial year-the amount prescribed in the premiums order in respect of that financial year; former authorised insurer means an authorised insurer whose licence has ceased to be in force whether by expiry, cancellation, suspension or operation of law; policy period means the period of 12 months or such lesser period as may be fixed by the Authority ending at 4 p.m. on 30 June in any year; premiums order means a premiums order made under section 15; rateable remuneration means remuneration that is subject to a premium within the meaning of section 8; remuneration means any wages, remuneration, salary, commission, bonuses or allowances paid or payable (whether at piece work rates or otherwise and whether paid or payable in cash or in kind) to or in relation to a worker as such and, without limiting the generality of the foregoing, includes- (a) any amount paid or payable by way of remuneration to a person holding an office under the Crown in right of the State or in the service of the Crown in right of the State; and (b) any amount paid or payable under any prescribed classes of contracts to the extent to which that payment is attributable to labour; and (c) any amount deemed under this Act or the Accident Compensation Act 1985 to be remuneration; and (d) any amount paid or payable by a company by way of remuneration to or in relation to a director or member of the governing body of that company; and (e) wages, remuneration, salary, commission, bonuses or allowances paid or payable whether in cash or in kind to or in relation to a worker by any person acting for or in concert or under an arrangement or understanding whether formal or informal and whether expressed or implied with an employer; and (f) any amount paid or payable by way of commission to an insurance or time-payment canvasser or collector- but does not include- (g) remuneration paid or payable to a person within the meaning of section 16(1) of the Accident Compensation Act 1985 engaged by an employer to participate as a contestant in a sporting or athletic activity in respect of the services provided by the person while the person is- (i) participating as a contestant in a sporting or athletic activity; or (ii) engaged in training or preparation with a view to participating as a contestant in a sporting or athletic activity; or (iii) travelling between a place of residence and the place at which the person is engaged to participate, or participating, as a contestant in a sporting or athletic activity; or (h) remuneration paid or payable to an apprentice under a training contract made in accordance with a training scheme that is approved by the Victorian Skills Commission under Part 5.5 of the Education and Training Reform Act 2006 if the apprentice or training scheme is, or is in a class of apprentices or training schemes, declared by the Minister to be an apprentice or training scheme to which this paragraph applies; or (i) remuneration that does not exceed the exemption limit; or (j) any payment of compensation in respect of an injury under the Accident Compensation Act 1985 or the Workers Compensation Act 1958; * * * * * superannuation benefit means money paid or payable by an employer in respect of a worker- (a) to or as a superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or (b) as a superannuation guarantee charge within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; or (c) to or as any other form of superannuation, provident or retirement fund or scheme including- (i) a Superannuation Holding Accounts Reserve within the meaning of the Small Superannuation Accounts Act 1995 of the Commonwealth; and (ii) a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth; and (iii) a wholly or partly unfunded fund or scheme; WorkCover Authority Fund means the Fund established under section 32 of the Accident Compensation Act 1985; WorkCover insurance policy means an insurance policy issued in accordance with this Act; worker has the same meaning as it has under the Accident Compensation Act 1985 and includes in the event of the worker's death, the worker's dependants. (2) Unless inconsistent with the context or subject-matter, words and expressions defined in the Accident Compensation Act 1985 have the same meaning in this Act. (3) A reference in the definition of superannuation benefit in subsection (1) to a worker includes a reference to any person to whom, by virtue of a paragraph of the definition of remuneration in subsection (1), an amount paid or payable in the circumstances referred to in that paragraph constitutes remuneration. (4) For the purposes of this Act, a reference to remuneration includes a reference to superannuation benefits, other than those paid or payable in respect of services performed or rendered by a worker before 1 January 1998. (5) For the purposes of this Act, a superannuation, provident or retirement fund or scheme is unfunded to the extent that money paid or payable by an employer in respect of a worker covered by the fund or scheme is not paid or payable during the worker's period of service with the employer. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 3A Superannuation benefits relating to services performed before 1 January 1998 3A. Superannuation benefits relating to services performed before 1 January 1998 (1) Money paid by an employer on or after 1 January 1998 as a superannuation benefit that is alleged by the employer to be paid in respect of services performed or rendered by a worker before that day, must be evidenced to the satisfaction of the Authority in the employer's records for the calculation of premiums under this Act. (2) In particular, the employer's records must show the manner of calculation of the benefit and any actuarial basis for it. (3) For the purposes of subsection (2) and of any calculation of premiums to which that subsection is relevant, the certificate of a fellow or accredited member of the Institute of Actuaries of Australia to the effect that the actuarial basis on which an amount is calculated is justified is evidence and, in the absence of evidence to the contrary, proof of that fact. (4) If records are not kept as required by this section, the Authority is entitled to assume for the purposes of the calculation of premiums, that a payment of money by an employer as a superannuation benefit on or after 1 January 1998 is an amount payable in respect of services performed or rendered by a worker on or after that day. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 3B Superannuation benefits not readily related to particular workers or their periods of service 3B. Superannuation benefits not readily related to particular workers or their periods of service For the purposes of any calculation of premiums, the Authority may determine- (a) whether, and the extent to which, any money paid or payable by an employer to a superannuation, provident or retirement fund or scheme that is not identified by the employer as paid or payable in respect of a particular worker (and whether or not purporting to be so paid or payable on any actuarial basis) is to be regarded as a superannuation benefit paid or payable in respect of a particular worker; and (b) subject to section 3A, the portion of any money paid on or after 1 January 1998 by an employer as a superannuation benefit to a wholly or partly unfunded fund or scheme, being money paid in respect of a worker (or that is to be regarded under paragraph (a) to have been so paid) who performed or rendered services to the employer on or after, as well as before, 1 January 1998, that is to be regarded as having been paid in respect of services performed or rendered before that date. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 4 Application of Act 4. Application of Act This Act does not apply to a self-insurer under Part V of the Accident Compensation Act 1985 except in relation to the employment of a worker within the meaning of paragraph (d) or (e) of the definition of worker in section 5(1) of the Accident Compensation Act 1985. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 5 Construction of Act 5. Construction of Act This Act must be read and construed as one with the Accident Compensation Act 1985. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 6 Act to bind Crown 6. Act to bind Crown This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. _______________ Accident Compensation (WorkCover Insurance) Act 1993 - PART 2 PART 2 WORKCOVER INSURANCE AND PREMIUMS Accident Compensation (WorkCover Insurance) Act 1993 - SECT 7 Compulsory WorkCover insurance 7. Compulsory WorkCover insurance (1) An employer who in any financial year employs a worker within the meaning of section 5(1) of the Accident Compensation Act 19851- (a) must obtain and keep in force a WorkCover insurance policy with the Authority in respect of all of the employer's liability under the Accident Compensation Act 1985 and at common law or otherwise in respect of all injuries arising out of or in the course of or due to the nature of all employment with that employer on or after 4 p.m. on 30 June 19932; and (b) must not at any one time keep in force more than one such policy. Penalty: 100 penalty units. (1AA) It is a defence to a prosecution for an offence against subsection (1) concerning an employer's liability in respect of injuries to a worker if the court is satisfied that at the time of the alleged offence- (a) the employer believed on reasonable grounds that the employer could not be liable under the Accident Compensation Act 1985 or at common law or otherwise in respect of injuries to the worker because under section 80 of that Act the worker's employment was not connected with this State; and (b) the employer had workers compensation cover in respect of the worker's employment under the law of the State or Territory with which the employer believed on reasonable grounds the worker's employment was connected under section 80 of that Act. (1AB) In subsection (1AA), workers compensation cover means insurance or registration required under the law of a State or Territory in respect of liability for statutory workers compensation under that law. (1A) Subject to subsection (1B), subsection (1) does not apply in respect of a financial year or part of a financial year during which the employer has reasonable grounds for believing that the total rateable remuneration that the employer is or will be liable to pay during that financial year does not exceed the exemption limit3. (1B) Subsection (1A) does not operate to exclude the application of subsection (1) to an employer who employs an apprentice within the meaning of section 5(1) of the Accident Compensation Act 19854. (2) An employer is liable for an excess on each claim under a policy under subsection (1) as specified in section 125A(3) of the Accident Compensation Act 1985. (3) The excess may be increased, reduced or eliminated in accordance with sections 125A(6) and 125A(7) of the Accident Compensation Act 1985. (4) An employer in respect of which subsection (1A) applies is deemed to have in force a policy of insurance under subsection (1) with the Authority for the purposes of this Act during the period in respect of which subsection (1A) applies5. (4A) The employer of a worker within the meaning of paragraph (d) or (e) of the definition of worker in section 5(1) of the Accident Compensation Act 1985 is deemed to have a WorkCover insurance policy in respect of those workers only and subsection (1)(b) does not apply in respect of such policy6. (4B) Despite subsection (4A), the premium payable in respect of a deemed WorkCover insurance policy under subsection (4A) is to be calculated in accordance with the premiums order and is payable as part of the premium payable for the WorkCover insurance policy held by the Department of Education and Early Childhood Development as if7- (a) the workers were employed by the Department of Education and Early Childhood Development; and (b) the remuneration paid to the workers had been paid by the Department of Education and Early Childhood Development. (4C) The employer of a worker employed under a program designed under section 12(3) of the Transport Accident Act 1986 is deemed to have a WorkCover insurance policy in respect of the worker only and subsection (1)(b) does not apply in respect of such policy. (4D) Despite subsection (4C), the premium payable in respect of a deemed WorkCover insurance policy under subsection (4C) is to be calculated in accordance with the premiums order and is payable as part of the premium payable for the WorkCover insurance policy held by the Transport Accident Commission as if- (a) the worker was employed by the Transport Accident Commission; and (b) the remuneration paid to the worker had been paid by the Transport Accident Commission. (5) If an employer registered under section 197 of the Accident Compensation Act 1985 is required to obtain and keep in force a WorkCover insurance policy and has not on or before 4 June 1993 advised the Authority of the authorised insurer with which the employer is to obtain a WorkCover insurance policy, the employer is deemed for the first policy period after 4 p.m. on 30 June 1993 to have a WorkCover insurance policy with an authorised insurer specified by the Authority. (6) If an employer fails to obtain or keep in force a policy of insurance as required in accordance with subsection (1) in respect of any period, the Authority may recover from the employer in a court of competent jurisdiction as a debt due to the Authority a penalty of up to twice the amount of the premium that would have been payable for the issue of a policy of insurance to the employer in respect of that period. (7) The Authority may recover any such penalty from an employer whether or not the employer has been proceeded against or been convicted for an offence against subsection (1) in respect of the employer's failure to obtain or keep in force the policy of insurance. (7A) Despite any other provision of this section, if the Authority is satisfied that- (a) the reason for the employer not obtaining or keeping in force a policy of insurance as required in accordance with subsection (1) in respect of injuries to a worker in a period is that the employer believed on reasonable grounds that the employer could not be liable under the Accident Compensation Act 1985 or at common law or otherwise in respect of injuries to the worker because under section 80 of that Act the worker's employment was not connected with this State; and (b) the employer had workers compensation cover in respect of the worker's employment under the law of the State or Territory with which the employer believed on reasonable grounds the worker's employment was connected under section 80 of that Act- the employer is not liable to pay a penalty under subsection (6) in respect of that liability. (7B) In subsection (7A), workers compensation cover has the same meaning as in subsection (1AB). (8) A WorkCover insurance policy issued or deemed to have been issued before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is deemed to have been issued under this Act as amended by Part 2 of the Accident Compensation (Amendment) Act 1998. (9) A WorkCover insurance policy issued or deemed to have been issued under this Act does not indemnify an employer in respect of any liability of the employer to pay compensation for a matter for which compensation is awarded under Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 8 Rateable remuneration 8. Rateable remuneration (1) The remuneration subject to a premium under this Act is remuneration that is paid or payable by an employer on or after 1 July 2005 in respect of services performed or rendered on or after 1 July 2005 by a worker whose employment is connected with the State of Victoria within the meaning of section 80 of the Accident Compensation Act 1985. (2) Subsections (1) and (2) as in force before the commencement of section 26 of the Accident Compensation (Amendment) Act 2005 continue to apply for the purposes of determining remuneration subject to a premium before 1 July 2005. (2A) For the purposes of this section, where remuneration includes a fringe benefit within the meaning of section 5(1) of the Accident Compensation Act 1985, that part of the fringe benefit which is to be included in rateable remuneration for a financial year is to be the fringe benefit calculated for the period 1 April to 31 March ending in that financial year. (2B) Remuneration that is superannuation benefits that are not paid in respect of services performed or rendered by a worker in a particular month is rateable remuneration under this Act as if it were paid or payable in respect of services performed or rendered during the month in which it is paid or became payable. (2C) Nothing in subsection (2B) applies to render remuneration that is superannuation benefits paid or payable in respect of services performed or rendered in respect of services performed or rendered by a worker before 1 January 1998 to be rateable remuneration. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 9 WorkCover insurance policy 9. WorkCover insurance policy (1) A WorkCover insurance policy must only contain such provisions as are prescribed by this Act and any other provisions that are approved by the Authority. (2) A WorkCover insurance policy must provide that- (a) the Authority as well as the employer is directly liable to any worker or other person insured under the policy and, in the event of the worker's death, to the dependants or other persons to pay the compensation under the Accident Compensation Act 1985 and at common law or otherwise for which the employer is liable; and (b) the Authority is bound by and subject to any judgment, order, decision, award or determination given or made against the employer of any such worker in respect of the injury or death for which the compensation or amount is payable. (3) A liability under a WorkCover insurance policy of the Authority to a worker or other person under a provision inserted in the policy under subsection (2) is enforceable as if the worker or other person were a party to the policy. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 10 Issue and renewal of WorkCover insurance policies 10. Issue and renewal of WorkCover insurance policies (1) A person, other than the Authority, must not issue or renew a WorkCover insurance policy or a purported WorkCover insurance policy. Penalty: 100 penalty units. (2) Subject to subsection (3), the Authority must not refuse to issue a WorkCover insurance policy to an employer or to renew a WorkCover insurance policy issued to an employer. (3) Subsection (2) does not apply in any case where- (a) the employer has not complied with any conditions prescribed by this Act or the regulations in respect of the issue or renewal of a WorkCover insurance policy; or (b) the employer has persistently failed to pay, or to pay when due and payable, premium or adjusted premium for a WorkCover insurance policy. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 12 Inspection of policies 12. Inspection of policies (1) The Authority or a person authorised by the Authority may by notice in writing require an employer- (a) to produce for inspection the policy of insurance obtained by the employer and in force at such date or between such dates as the notice specifies; and (b) to supply such particulars in relation to the policy as the Authority or person may deem necessary. (2) A worker or other person who has or may have a claim for compensation under the Accident Compensation Act 1985 or at common law or otherwise for which the employer is or may be liable may by notice in writing require the employer to make available for inspection a policy of insurance in force in respect of the worker at the time the injury arose out of or in the course of employment. (3) A person on whom a notice is served under subsection (1) or (2) must comply with the notice. Penalty: 20 penalty units. (4) An employer who obtains a policy of insurance must retain the policy in his or her possession in good order and condition until- (a) there are no longer any workers in respect of whom the policy is in force still employed by the employer; or (b) the policy is at least 7 years old- whichever occurs later. Penalty: 20 penalty units. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 13 Evidence that employer has WorkCover insurance policy 13. Evidence that employer has WorkCover insurance policy A certificate issued by the Authority or a person authorised by the Authority for the purposes of this section certifying that on any date or during any period specified in the certificate a specified employer had or did not have a WorkCover insurance policy with either a specified authorised insurer or the Authority is admissible in any proceedings and is evidence of the particulars certified in the certificate. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 14 Employer ceasing to exist 14. Employer ceasing to exist (1) A worker may make an application to the County Court for a declaration under this section. (2) The County Court may make a declaration that- (a) an employer has entered into a policy of insurance with an authorised insurer named in the declaration or with the Authority; and (b) the employer- (i) being a natural person, has died, or is permanently resident outside the Commonwealth of Australia and its Territories, or cannot after due inquiry and search be found; (ii) being a corporation (other than a company which has commenced to be wound up) has ceased to exist; (iii) being a company, corporation, society, association or other body (other than a company which has commenced to be wound up), was at the time when it commenced to employ the worker incorporated outside the Commonwealth of Australia and its Territories and registered as a foreign company under the laws of any State or Territory of the Commonwealth of Australia and is not at the time of the declaration so registered under any such law; or (iv) being a company, has commenced to be wound up after entering into the policy of insurance with the authorised insurer. (3) If a declaration is in force under this section, there is deemed to be a policy of insurance between the authorised insurer referred to in the declaration and the employer of the worker or between the Authority and the employer of the worker in respect of the liability of the employer to the worker under the Accident Compensation Act 1985 and at common law or otherwise. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 15 Premiums order8 15. Premiums order8 (1) The Governor in Council may on the recommendation of the Authority by Order in Council make a premiums order- (a) specifying the methods to be used in calculating premiums payable by an employer for a WorkCover insurance policy; and (b) prescribing or specifying any matter or thing required or permitted by this Act to be prescribed or specified by a premiums order. (2) The Governor in Council may on the recommendation of the Authority by Order in Council amend a premiums order which is in force under subsection (1) to insert provisions of a savings and transitional nature consequent on the enactment of the Accident Compensation (Amendment) Act 1998, including provisions providing for the construction of the premiums order. (3) An Order in Council made under subsection (2) has effect from the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 16 Premiums order-general provisions 16. Premiums order-general provisions (1) A premiums order- (a) must be published in the Government Gazette; (b) takes effect on and from the date on which it is published or any later date of commencement as may be specified in the order; (c) applies to a WorkCover insurance policy which is in force in respect of a policy period commencing on or after the date of commencement of the premiums order. (2) A premiums order may- (a) apply generally or be limited in its application by reference to specified exceptions or factors; (b) apply differently according to different factors of a specified kind; (c) specify different methods of calculation whether by reference to formulas, scales, tables or other means; (d) apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the order is made; (e) authorise any specified person or body to determine or apply a specified matter or thing. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 17 Premiums to be calculated in accordance with premiums order 17. Premiums to be calculated in accordance with premiums order The premium payable by an employer for a WorkCover insurance policy must be calculated in accordance with the relevant premiums order. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 18 Estimate of rateable remuneration 18. Estimate of rateable remuneration (1) If- (a) an employer receives a notice from the Authority; and (b) the notice includes an estimate of rateable remuneration that the employer will be liable to pay to workers during the period not exceeding 12 months specified in the notice- the estimate is deemed for the purposes of this Act to be the estimate provided by the employer unless the employer, within 28 days after receiving the notice, or such longer period as may be specified in the notice, provides to the Authority another estimate of rateable remuneration in a form approved by the Authority which the employer estimates that the employer will be liable to pay to workers during the period referred to in paragraph (b). (2) If- (a) an employer receives a notice from the Authority; and (b) the notice does not include an estimate of rateable remuneration referred to in subsection (1)(b)- the employer must, within 28 days after receiving the notice, or such longer period as is specified in the notice, provide to the Authority an estimate of rateable remuneration in a form approved by the Authority which the employer estimates that the employer will be liable to pay to workers during the period not exceeding 12 months specified in the notice. Penalty: 20 penalty units. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 19 Rateable remuneration-transitional 19. Rateable remuneration-transitional (1) The WorkCover Insurance Premiums Order 1997/98 is to be construed as if references to "remuneration", "assessable remuneration" and "rateable remuneration" in respect of remuneration paid or payable in respect of services performed or rendered on or after 1 January 1998 were references to "remuneration" within the meaning of the Accident Compensation Act 1985 as amended by section 5 of the Accident Compensation (Miscellaneous Amendment) Act 1997. (2) A revised estimate of rateable remuneration is not required under section 20 if the only reason that the actual rateable remuneration paid or payable exceeds the amounts referred to in that section is because of the amendment of the Accident Compensation Act 1985 by section 5 of the Accident Compensation (Miscellaneous Amendment) Act 1997. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 20 Revised estimates of rateable remuneration 20. Revised estimates of rateable remuneration (1) If as a result of changed circumstances an employer becomes aware that the actual rateable remuneration paid or payable by the employer exceeds or is likely to exceed by more than 20 per cent or such other percentage as is prescribed the estimate of rateable remuneration previously provided by the employer for the whole of the policy period or previously assessed under section 24, the employer must advise the Authority of the changed circumstances and submit a revised estimate of rateable remuneration in a form approved by the Authority within 28 days of becoming aware of the changed circumstances. (2) If the actual rateable remuneration paid or payable by an employer as at any time before the last 2 months of a policy period exceeds the estimate of rateable remuneration previously provided by the employer for the whole of the policy period, the employer must advise the Authority and submit a revised estimate of rateable remuneration in a form approved by the Authority within 28 days of the actual rateable remuneration exceeding the estimate. (3) An employer who does not comply with this section is guilty of an offence and liable to a penalty not exceeding 20 penalty units. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 21 Adjustment of premium 21. Adjustment of premium If the Authority considers that the premium payable by an employer should be adjusted because the circumstances specified in subsection (1) or (2) of section 20 apply, the Authority may issue a notice of adjusted premium to the employer. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 22 Application by employer to review premium 22. Application by employer to review premium (1) An employer may apply to the Authority for the premium to be reviewed to determine whether the amount of the premium is the amount calculated in accordance with the relevant premiums order. (1A) An application under subsection (1) may only be made in relation to premium for- (a) the policy period current at the date on which the application is made; (b) any of the 4 completed policy periods before that period. (2) On receiving such an application, the Authority must review the amount of the premium. (3) In this section premium includes amounts- (a) paid or payable as premium; (b) purportedly paid or payable as premium; (c) paid or payable as a default penalty, late payment penalty, interest or otherwise in respect of an amount paid or payable or purportedly paid or payable as premium; (d) purportedly paid or payable as a default penalty, late payment penalty, interest or otherwise in respect of an amount paid or payable or purportedly paid or payable as premium. (4) If, in the course of a review under this section, the Authority determines that, in respect of any of the policy periods to which the application relates, there has been an adjustment to the premium which the Authority was not authorised to make, the Authority must discontinue that review and review the application under section 28A as if the application had been an application under section 22A. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 22A Application for refund of premium 22A. Application for refund of premium (1) Proceedings for the refund or recovery of premium, whether paid before or after 6 May 2004, must not be brought, whether against the Authority or otherwise, except as provided in this section and section 22B. (2) If an employer claims to be entitled to receive a refund of or to recover premium, paid or purportedly paid, the employer must lodge with the Authority an application, in a form approved by the Authority, for the refund of the payment. (3) An application under subsection (2) must be lodged with the Authority within 5 years after the commencement of the policy period to which the payment of premium relates. (4) This section does not apply to a written request for a refund of premium received by the Authority before 6 May 2004. (5) For the purposes of subsection (4), a written request received by an authorised agent of the Authority is not to be taken to be received by the Authority unless the authorised agent has forwarded the request to the Authority, and the Authority has received that request, before 6 May 2004. (6) In this section- premium has the same meaning as in section 22(3); proceedings includes- (a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; (b) seeking any order under the Administrative Law Act 1978. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 22B What happens if Authority refuses or fails to determine an application for a refund or fails to make a refund? 22B. What happens if Authority refuses or fails to determine an application for a refund or fails to make a refund? (1) This section applies if- (a) an employer has lodged an application with the Authority in accordance with section 22A; and (b) within the period of 4 months after the application was lodged, the Authority- (i) by notice in writing to the employer refuses the application; or (ii) fails to determine the application; or (iii) determines that the employer is entitled to a refund but fails to make the refund. (2) If this section applies, the employer may bring proceedings for the refund or recovery of the premium within the period of 4 months commencing after- (a) the day on which the period specified in subsection (1)(b) ends; or (b) the day which is the date of the notice of refusal- whichever first occurs. (3) In this section- premium has the same meaning as in section 22(3); proceedings includes- (a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; (b) seeking any order under the Administrative Law Act 1978. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 23 Certificate of rateable remuneration 23. Certificate of rateable remuneration (1) The Authority may by notice in writing require an employer to provide a certified statement of rateable remuneration paid or payable by the employer in a form approved by the Authority during a specified policy period to workers employed by the employer to the Authority within 28 days of receiving the notice or such longer period as is specified in the notice. (2) The Authority may by notice in writing require an employer who does not hold, or has not held, a WorkCover insurance policy to provide a certified statement of rateable remuneration paid or payable by the employer in a form approved by the Authority during a period specified in the notice to the Authority within 28 days of receiving the notice or such longer period as is specified in the notice. (3) An employer who does not comply with a notice received under subsection (1) or (2) or who provides an incorrect statement is guilty of an offence and liable to a penalty not exceeding 20 penalty units. (4) The Authority may assess the rateable remuneration paid or payable by an employer to which subsection (3) applies during the specified policy period and issue a notice of adjusted premium to the employer. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 24 Assessment by Authority 24. Assessment by Authority If an employer fails to provide an estimate when required to do so under section 18, or the Authority considers that an estimate provided by the employer is incorrect, the Authority may- (a) assess the amount of rateable remuneration paid or payable by the employer; and (b) calculate the premium payable by the employer; and (c) serve a notice on the employer specifying the amount of premium payable. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 25 Default penalty 25. Default penalty (1) If- (a) an employer does not comply with section 18 or 20 or a notice received under section 23(1) or 23(2); or (b) an employer provides an incorrect statement under section 23; or (c) the amount specified in a certified statement of rateable remuneration under section 23(1) or assessed under section 23(4) is more than 20 per cent or such other percentage as is prescribed higher than the previous estimate of rateable remuneration (if any) provided by the employer- the employer is upon being served by the Authority with a notice under this section, liable to pay in addition to the difference between the premium that should have been payable by the employer and the premium calculated on the basis of the employer's rateable remuneration previously estimated, assessed or certified, as the case requires a default penalty of an amount equal to that difference. (2) A default penalty under subsection (1) is due and payable within 28 days of the date of the notice. (3) The Authority may remit the whole or any part of any default penalty imposed under this section. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 26 Payment of premiums 26. Payment of premiums (1) The premium payable by an employer for a WorkCover insurance policy is payable in accordance with the relevant premiums order. * * * * * * * * * * (4) The Authority may, by notice in writing to the employer, adjust the amount of the premium so that the amount is the amount calculated in accordance with the relevant premiums order. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 27 Review of premium 27. Review of premium (1) The Authority may, in its absolute discretion, review the amount calculated as a premium in respect of one or more policy periods. (2) In conducting the review, the Authority may have regard to any matter relevant to the determination or calculation of the premium. (3) If, in the course of a review under this section, the Authority determines that, in respect of any of the policy periods to which the review relates, there has been an adjustment to the premium which the Authority was not authorised to make, the Authority must discontinue that review and conduct a review under section 28A as if an application under section 22A had been made. (4) If the Authority makes a determination under subsection (3) it must, by notice in writing, advise the employer of that determination. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 28 Adjustment of premium after review 28. Adjustment of premium after review (1) This section applies if, as the result of a review of a premium under section 22 or 27, the Authority is of the opinion that the amount calculated as the premium was not, or is not, calculated in accordance with the relevant premiums order. (2) The Authority must, by notice in writing to the employer, adjust the amount of the premium so that the amount is the amount calculated in accordance with the relevant premiums order. (3) In the case of a review under section 28A, an adjustment under this section may only relate to- (a) in the case of an application under section 22 or 22A- (i) the policy period current at the date on which the application is made; (ii) any of the 4 completed policy periods before that period; (iii) any other completed policy period if there is, or was, fraud on the part of the employer or of any person acting, or apparently acting, on the employer's behalf; (b) in the case of a review in which the Authority has made a determination under section 27(3)- (i) the policy period current at the date of the notice under section 27(4); (ii) any of the 4 completed policy periods before that date; (iii) any other completed policy period if there is, or was, fraud on the part of the employer or of any person acting, or apparently acting, on the employer's behalf. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 28A Review of premium in certain circumstances 28A. Review of premium in certain circumstances (1) This section applies if- (a) an employer makes an application under section 22A and the Authority was not authorised to adjust the premium in respect of which the application relates, at the time the Authority made the adjustment; or (b) the Authority has made a determination under section 22(4) or 27(3). (2) The Authority may review the amount calculated as a premium in respect of premium for- (a) in the case of a determination under section 22(4) or an application under section 22A- (i) the policy period current at the date on which the application is made; (ii) any of the 4 completed policy periods before that period; (b) in the case of a determination under section 27(3)- (i) the policy period current at the date of the notice under section 27(4); (ii) any of the 4 completed policy periods before that date. (3) In conducting the review, the Authority may have regard to any matter relevant to the determination or calculation of the premium. (4) In this section premium has the same meaning as in section 22(3). Accident Compensation (WorkCover Insurance) Act 1993 - SECT 28B Adjustment of premium after section 28A review 28B. Adjustment of premium after section 28A review (1) After conducting a review under section 28A, the Authority must determine- (a) the reviewed assessment amount for the relevant period; and (b) the total premium payment; and (c) any deficit amount or excess amount. (2) The Authority must, by notice in writing to the employer- (a) specify- (i) the amount determined to be the reviewed assessment amount and the total premium payment; and (ii) whether there is a deficit amount or an excess amount; and (b) adjust the amount of the premium so that the amount is the reviewed assessment amount. (3) In this section- deficit amount means the amount by which the reviewed assessment amount exceeds the total premium payment; excess amount means the amount by which the total premium payment exceeds the reviewed assessment amount; premium has the same meaning as in section 22(3); relevant period means the total period specified in section 28A(2)(a) or 28A(2)(b); reviewed assessment amount means the sum of the amounts which should have been calculated for each applicable premium order for the relevant period; total premium payment means the total amount paid as premium during the relevant period. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 29 Notice of adjustment 29. Notice of adjustment (1) A notice to an employer under section 26(4), 28(2) or 28B(2) must state the amount of premium that is payable, or that should have been paid, for the relevant period. (2) On the giving of the notice to the employer, the amount stated under subsection (1) becomes the premium payable by the employer. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 30 Exercise of review and adjustment powers 30. Exercise of review and adjustment powers The Authority may exercise its powers under sections 22, 26, 27 and 28 regardless of whether or not- (a) the premium has been fixed, demanded or paid; or (b) the period being reviewed, or in respect of which an adjustment applies, is no longer the current policy period; or (c) the Authority has already reviewed the amount calculated as the premium for any policy period being reviewed, or has already adjusted the premium; or (d) any circumstances have arisen that would, but for this paragraph, estop the Authority from conducting a review of, or adjusting the amount of, the premium. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 31 Application of review and adjustment powers 31. Application of review and adjustment powers (1) The Authority is only entitled to recover the amount of any increased premium resulting from an adjustment under section 28 if the premium relates to one or more of the following- (a) the policy period current at the date on which the notice under section 28 in respect of the amount was given to the employer; (b) any of the 4 completed policy periods before that period; (c) any other completed policy period if there is, or was, fraud on the part of the employer or of any person acting, or apparently acting, on the employer's behalf. (2) The Authority may exercise its powers under sections 22, 26, 27 and 28 in respect of an amount calculated as a premium that relates to a period that is before the date of commencement of section 30 of the Accident Compensation (Amendment) Act 2001. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 31A Refunds 31A. Refunds If, as a result of a review under section 28A the Authority determines there is an excess amount within the meaning of section 28B, the Authority- (a) must refund that excess amount to the employer; or (b) must- (i) apply that excess amount against any liability of the employer to the Authority under this Act; and (ii) refund to the employer any part of that excess amount that is not so applied. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 31B Default penalty where failure to provide full and true disclosure 31B. Default penalty where failure to provide full and true disclosure (1) If- (a) the Authority issues a notice of adjustment under section 26(4), 28(2) or 28B(2); and (b) the notice of adjustment states an amount of premium that is different from any premium that was previously calculated for the employer for the policy period to which the notice of adjustment relates; and (c) the Authority is satisfied that the premium was miscalculated because the employer or a person acting on behalf of the employer failed to provide full and true disclosure to the Authority in respect of matters relevant to the calculation of the premium- the employer is upon being served with a notice of adjustment under this section, liable to pay a default penalty of an amount equal to the difference between the premium stated in the notice of adjustment and the premium that was previously calculated for the employer. (2) The amount of the default penalty imposed under subsection (1) is to be increased by 20% if, after the Authority commenced the review under section 22, 27 or 28A, the employer or a person acting on behalf of the employer took steps to prevent or hinder the Authority from properly calculating the premium payable by the employer. (3) A default penalty under this section is due and payable within 28 days of the date of the notice. (4) The Authority may remit the whole or any part of a default penalty imposed under this section. (5) In this section, premium includes amounts- (a) paid or payable as premium; (b) purportedly paid or payable as premium. __________________ Accident Compensation (WorkCover Insurance) Act 1993 - PART 3 PART 3 LICENSING OF WORKCOVER INSURERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 37 Records and evidence relating to licences 37. Records and evidence relating to licences (1) The Authority must keep records in relation to all licences granted by the Authority, including particulars of- (a) the granting, refusal, duration, conditions, cancellation and suspension of licences; and (b) such other matters relating to licences as the Authority considers appropriate. (2) A certificate issued by the Authority certifying that on any date or during any period specified in the certificate the particulars set forth in the certificate as to any of the matters referred to in subsection (1) did or did not appear on or from the records of the Authority is admissible in any proceedings and is evidence of the particulars certified in the certificate. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 39 Information and records to be supplied by insurers 39. Information and records to be supplied by insurers (1) The Authority may require a former authorised insurer- (a) to disclose to the Authority specified information relating to the business and financial position of the former authorised insurer or of any corporation which is a related corporation; or (b) to forward to the Authority, or make available for inspection, specified records, or copies or extracts from specified records, kept by the former authorised insurer or by any corporation which is a related corporation. (2) A requirement under this section must- (a) be made in writing and served on the former authorised insurer; and (b) specify the manner in which and the time within which the requirement is to be complied with. (3) The manner in which a requirement is to be complied with may include the supply to the Authority of a certificate by a registered tax agent, a registered company auditor or an actuary approved by the Authority as to the correctness of any specified information or specified records or copies of or extracts from specified records. (4) Unless the former authorised insurer satisfies the court that it is not within its power to comply with the requirement, an insurer who fails to comply with the requirement is guilty of an offence and liable to a penalty not exceeding 100 penalty units. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 42 Payment of premiums 42. Payment of premiums (1) An employer must pay any premium under a WorkCover insurance policy direct to the Authority or where appropriate to an authorised agent. Penalty: 50 penalty units. (2) A reference to a premium in this section includes a reference to a part of a premium. _______________ * * * * * _______________ Accident Compensation (WorkCover Insurance) Act 1993 - PART 5 PART 5 UNINSURED EMPLOYERS AND INDEMNITY SCHEME Accident Compensation (WorkCover Insurance) Act 1993 - SECT 55 Uninsured Employers and Indemnity Scheme 55. Uninsured Employers and Indemnity Scheme (1) There is established a scheme called the Uninsured Employers and Indemnity Scheme. (2) A claim may be made under the Scheme by any person who considers that he or she has a claim in respect of an injury to a worker against an employer- (a) in respect of which section 7(1A) applies; or (b) who cannot be identified; or (c) who cannot be found, is dead or has been wound up and was not the holder of a WorkCover insurance policy at the time of the relevant injury; or (d) who exists and can be found but who was not the holder of a WorkCover insurance policy at the time of the relevant injury. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 57 Claims against section 55(2)(a) or 55(2)(d) employers 57. Claims against section 55(2)(a) or 55(2)(d) employers (1) A claim for compensation against an employer in respect of which at the time of the relevant injury section 7(1A) applies or who was not the holder of a WorkCover insurance policy at the time of the relevant injury must first be given to or served on the employer. (2) The employer must forward the claim to the Authority within 5 days of receiving it. (3) If a person making a claim for compensation becomes aware that the employer- (a) has not complied or is not likely to comply with subsection (2); or (b) is refusing to receive the claim- that person may lodge the claim with the Authority. (4) Except as provided in this Part, Division 3 of Part IV of the Accident Compensation Act 1985 applies in relation to the determination and management of the claim. (5) An employer must not fail to comply with subsection (2). Penalty: 10 penalty units for a first offence. 20 penalty units for a second or subsequent offence. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 58 Registration of section 55(2)(a) employer 58. Registration of section 55(2)(a) employer (1) An employer to whom section 55(2)(a) applies must apply to the Authority to be registered and must submit the registration fee fixed in the premiums order. (2) An employer who fails to comply with subsection (1) is to be treated as being uninsured during the relevant policy period. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 59 Claims against section 55(2)(b) or 55(2)(c) employers 59. Claims against section 55(2)(b) or 55(2)(c) employers (1) A claim for compensation against an employer who- (a) cannot be identified after the claimant has taken reasonable steps to identify the relevant employer; or (b) cannot be found after the claimant has taken reasonable steps to find the employer or the employer is dead or has been wound up and who was not the holder of a WorkCover insurance policy at the time of the injury or death- may be lodged with the Authority. (2) The Authority may require a person lodging a claim under subsection (1) to provide further information to the Authority. (3) Except as provided in this Part, Division 3 of Part IV of the Accident Compensation Act 1985 applies in relation to the determination and management of the claim. (3A) Subject to subsection (4), section 109 of the Accident Compensation Act 1985 applies in respect of a claim under this section as if the reference to 28 days were a reference to 35 days. (4) If the relevant employer is identified and was at the time of the injury the holder of a WorkCover insurance policy, section 109 of the Accident Compensation Act 1985 applies as if the reference to 28 days of receiving the claim were a reference to 28 days from the time that the employer is identified. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 59A Common law claim 59A. Common law claim If- (a) a worker has suffered an injury in circumstances which entitle or would entitle the worker or the dependants of the worker to compensation under the Accident Compensation Act 1985; and (b) the injury arose out of or in the course of or due to the nature of employment with an employer to whom section 55(2)(b), 55(2)(c) or 55(2)(d) applies- the worker or dependants may recover from the Authority a sum equivalent to the amount for which the worker or dependants could have obtained judgment at common law or otherwise against the employer subject to any limitation of liability in the deemed contract of insurance under section 59B on or after 4 p.m. on 30 June 1993. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 59B Deemed contract of insurance 59B. Deemed contract of insurance (1) There is deemed to be a contract of insurance in the form approved by the Authority in respect of an employer's liability to which section 59A applies between the employer and the Authority. (1A) A deemed contract of insurance does not indemnify an employer in respect of any liability of the employer to pay compensation for a matter for which compensation is awarded under Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991. (2) For the purposes of a deemed contract of insurance- (a) the Authority may undertake the settlement of any claim against the employer insured under the contract; (b) the Authority may take over during such period as it thinks proper the conduct and control on behalf of the employer of any proceedings taken or had to enforce such claim or for the settlement of any question arising with reference thereto; (c) the Authority may defend or conduct such proceedings in the name of the employer and on the employer's behalf. (3) The Authority may recover under section 61 any amount paid under a deemed contract of insurance. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 60 Authority may require employer to provide information 60. Authority may require employer to provide information (1) The Authority may by notice in writing require an employer or a person whom the Authority suspects is an employer to provide to the Authority within the period specified in the notice any information specified in the notice which may be in the employer's or that person's possession and is required by the Authority in order to deal with a claim under this Part. (2) A person must comply with a notice under subsection (1). Penalty: 20 penalty units. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 61 Authority may recover amount in relation to claim 61. Authority may recover amount in relation to claim (1) The Authority may serve a notice in writing on a person who, in the opinion of the Authority, was- (a) in respect of an injured worker to or in respect of whom compensation has been paid or is payable under the Uninsured Employers and Indemnity Scheme, an employer at the relevant time; * * * * * requiring that person, within a period specified in the notice, to reimburse to the Authority an amount specified in the notice. (1A) Subsection (1) does not apply to an employer to whom section 55(2)(a) applies who is registered under section 58. (2) The Authority may, by instrument in writing, waive all or part of the liability of an employer under subsection (1) to reimburse the Authority an amount, if the Authority is satisfied that- (a) the amount is beyond the capacity of the employer to pay; or (b) the employer could not reasonably have been expected to regard himself or herself as an employer at the relevant time; or (c) the employer, not being a corporation, is bankrupt and the liability under this section is not provable in the bankruptcy; or (d) the employer, being a corporation, is being wound up and the liability under this section is not provable in the winding up; or (e) the employer, being a corporation, has been dissolved; or (f) it would not be commercially feasible for the Authority to attempt to recover the amount. (3) A person on whom a notice has been served under subsection (1) in respect of an injured worker may, within the period specified in the notice, apply to the appropriate court having jurisdiction in relation to the claim under the Accident Compensation Act 1985 for a determination as to the person's liability under this Act. (4) The Authority may recover an amount specified in a notice served under subsection (1) if an application has not been made under subsection (3) from the person to whom the notice was given as a debt in a court of competent jurisdiction. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 62 General power of Authority in relation to proceedings 62. General power of Authority in relation to proceedings (1) If- (a) a claim under the Uninsured Employers and Indemnity Scheme has been made and the employer does not appear and defend the application for an award of compensation; or (b) an award of compensation has, prior to the making of the claim, been obtained in default of appearance by the employer, or by consent of the worker and the employer; or (c) the Authority for any reason thinks fit- the Authority may cause to be made such inquiries as it thinks fit to determine the genuineness of the grounds on which the award is sought or was based. (2) The court having jurisdiction in relation to the matter under the Accident Compensation Act 1985 may adjourn an application referred to in subsection (1) or, if an award has been made, may reopen the proceedings and order some fit person to take and defend the proceedings in substitution for the employer, and for those purposes all the rights of the employer shall be subrogated to that person. At any hearing of an application under this section, the Authority may appear before the court and exercise in respect of any matters and questions arising out of the application the same powers, rights and authorities as an employer may exercise in respect of a claim between a worker and an employer under this Act. _______________ Accident Compensation (WorkCover Insurance) Act 1993 - PART 6 PART 6 GENERAL PROVISIONS Accident Compensation (WorkCover Insurance) Act 1993 - SECT 63 Transfer of Authority's liability9 63. Transfer of Authority's liability9 (1) The liability of the Authority in respect of injuries to a worker arising out of or in the course of or due to the nature of employment after 4 p.m. on 31 August 1985 but before 4 p.m. on 30 June 1993 under the Accident Compensation Act 1985 to pay compensation or as an insurer under that Act is by virtue of this section transferred to authorised insurers on the following basis- (a) to the authorised insurer which has issued or renewed the current WorkCover insurance policy of an employer, if the injury to the worker arose out of or in the course of or due to the nature of employment with that employer after 4 p.m. on 31 August 1985 but before 4 p.m. on 30 June 1993; (b) if paragraph (a) does not apply, to an authorised insurer determined by the Authority. (2) The liability transferred to authorised insurers under subsection (1) and held by authorised insurers immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is by virtue of this section transferred to the Authority. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 64 Transfer of rights, obligations and liabilities 64. Transfer of rights, obligations and liabilities The liability of an authorised insurer to indemnify an employer under a WorkCover insurance policy and the rights, obligations and liabilities of the authorised insurer under the WorkCover insurance policy are by virtue of this section transferred to the Authority. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 65 Reciprocal agreements 65. Reciprocal agreements (1) The Authority may enter into an agreement with a person or body constituted by or under the law of another State or Territory or of the Commonwealth relating to the payment of premium or other amounts in respect of remuneration paid or payable in respect of services performed or rendered partly in Victoria and partly in the corresponding state. (2) An agreement under subsection (1) may provide- (a) that the provisions of this Act apply and the provisions of the law of the corresponding state do not apply in respect of remuneration paid or payable in respect of services performed or rendered partly in Victoria and partly in the corresponding state; or (b) that the provisions of the law of the corresponding state apply and the provisions of this Act do not apply in respect of such remuneration. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 66 Groups 66. Groups (1) For the purposes of this Act, if- (a) an employer that is a body corporate and another body corporate (related person) are, by reason of section 50 of the Corporations Act related to each other; or (b) one or more workers of an employer perform duties for or in connection with one or more businesses carried on by the employer and one or more other persons (associates); or (c) one or more workers of an employer are employed solely or mainly to perform duties for or in connection with one or more businesses carried on by one or more other persons (associates); or (d) one or more workers of an employer perform duties for or in connection with one or more businesses carried on by one or more other persons (associates), being duties performed in connection with, or in fulfilment of the employer's obligation under, an agreement, arrangement or undertaking for the provision of services to any one or more of the associates in connection with that business or those businesses- (i) whether the agreement, arrangement or undertaking is formal or informal, express or implied; and (ii) whether or not the agreement, arrangement or undertaking provides for duties to be performed by the workers or specifies the duties to be performed by them- the employer and all persons who are related persons or associates in relation to that employer together constitute a group and each is a member of that group. Note Subsection (8) allows the Authority to exclude members from a group constituted under this subsection in certain circumstances. (2) If the same person has, or the same persons have together, a controlling interest under subsection (3) in each of two businesses, the persons who carry on those businesses constitute a group and each is a member of the group. Note Subsection (8) allows the Authority to exclude members from a group constituted under this subsection in certain circumstances. (3) For the purposes of subsection (2), the same person has, or the same persons have together, a controlling interest in each of two businesses if that person has, or those persons have together, a controlling interest under any of the following paragraphs in one of the businesses and a controlling interest under the same or another of the following paragraphs in the other business- (a) a person has, or persons have together, a controlling interest in a business, being a business carried on by a corporation, if the directors, or a majority of the directors, or one or more of the directors, being a director or directors who is or are entitled to exercise a majority in voting power at meetings of the directors, of the corporation are or is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of that person or of those persons acting together; (b) a person has, or persons have together, a controlling interest in a business, being a business carried on by a corporation that has a share capital, if that person or those persons acting together may (whether directly or indirectly) exercise, control the exercise of, or substantially influence the exercise of, 50 per cent or more of the voting power attached to voting shares, or any class of voting shares, issued by the corporation; (c) a person has, or persons have together, a controlling interest in a business if that person, or those persons together- (i) constitute more than 50 per cent of the board of management (by whatever name called) of the body corporate or unincorporate carrying on the business; or (ii) control the composition of that board; (d) a person has, or persons have together, a controlling interest in a business, being a business carried on by a partnership, if that person or those persons- (i) owns, or own together, (whether or not beneficially) 50 per cent or more of the capital of the partnership; or (ii) is, or are together, entitled (whether or not beneficially) to 50 per cent or more of any profits of the partnership; (e) a person has, or persons have together, a controlling interest in a business, being a business carried on under a trust, if that person (whether or not as the trustee of, or beneficiary under, another trust) is the beneficiary, or those persons (whether or not as the trustees of, or beneficiaries under, another trust) are together the beneficiaries, in respect of 50 per cent or more of the value of the interests in the trust first-mentioned in this paragraph; (f) a person has a controlling interest in a business if, whether or not the person is a trustee of a trust, the person is the sole owner of the business or persons, being two or more trustees of a trust, have a controlling interest in a business if they are the owners of the business. (4) A person who, as the result of the exercise of a power or discretion by the trustee of a discretionary trust or by any other person or by that trustee and other person, may benefit under that trust is deemed, for the purposes of this Act, to be a beneficiary in respect of 50 per cent or more of the value of the interests in that trust. (5) If a body corporate has a controlling interest under subsection (3) in a business, it is deemed, for the purposes of subsection (3), to have a controlling interest in any other business in which another body corporate that is, by reason of section 50 of the Corporations Act, related to it, has a controlling interest. (6) If- (a) a person has, or persons have together, a controlling interest under subsection (3) in a business; and (b) the person or persons who carries or carry on that business has or have such a controlling interest in another business- the person or persons referred to in paragraph (a) are deemed, for the purposes of subsection (3), to have a controlling interest in the business referred to in paragraph (b). (7) If- (a) a person is a beneficiary under a trust; or (b) two or more persons together are beneficiaries under a trust- in respect of 50 per cent or more of the value of the interests in that trust and the trustee or trustees of that trust has or have under subsection (3) a controlling interest in a business, that beneficiary or those beneficiaries are deemed, for the purposes of subsection (3) to have a controlling interest in that business. (8) If the Authority is satisfied, having regard to the nature and degree of ownership and control of the businesses, the nature of the businesses and any other matters the Authority considers relevant, that a business carried on by a member of a group, other than a group constituted by reason of subsection (10), is carried on independently of, and is not connected with the carrying on of, a business carried on by any other member of that group, the Authority may exclude the member from that group. (9) The Authority must not, under subsection (8), exclude a person from a group if the person is a body corporate that, by reason of section 50 of the Corporations Act, is related to another body corporate that is a member of that group. (10) Subject to subsection (11), for the purposes of this section, if an employer is a member of a group and that person or another member of that group is a member of another group, a person who is a member of that other group is- (a) deemed to be a member of the first-mentioned group; and (b) called an associate. (11) Subsection (10) does not apply if a person satisfies the Authority that- (a) the trade, business or profession carried on by that person is carried on independently of, and is not connected with the carrying on of a trade, business or profession carried on by a member of the first-mentioned group; and (b) that trade, business or profession is not carried on with an intention, either directly or indirectly, of reducing the amount of premium payable by that person or another member of the group. (12) In this section- business includes- (a) a trade or profession; and (b) any other activity carried on for fee, gain or reward; and (c) the activity- (i) of employing one or more persons if that person performs, or those persons perform, duties for or in connection with another business; or (ii) of holding any money, property or shares used for or in connection with another business.; person includes a body or association (corporate or unincorporate) and a partnership. (13) This section applies whether or not an employer became a member of the group before, on or after the commencement of section 12 of the Treasury and Finance Legislation (Amendment) Act 2004. (14) This section does not affect the calculation of premium for any period before 1 July 2004. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 66A Joint and several liability of group members 66A. Joint and several liability of group members (1) A person who, during a period, is or was a member of a group within the meaning of section 66 is jointly and severally liable with the other persons who are or were members of the group during that period to pay premium and penalties payable by members of that group in respect of that period. (2) For the avoidance of doubt, subsection (1) applies whether or not- (a) the person was an employer during the relevant period; (b) an employer became a member of the group before, on or after the commencement of section 13 of the Treasury and Finance Legislation (Amendment) Act 2004. (3) Subsection (1) does not apply to a premium or penalty payable by the group before the commencement of section 13 of the Treasury and Finance Legislation (Amendment) Act 2004. (4) In this section person includes a body or association (corporate or unincorporate) and a partnership. * * * * * Accident Compensation (WorkCover Insurance) Act 1993 - SECT 68 Recovery of premium or penalty 68. Recovery of premium or penalty (1) This section is in addition to and not in derogation from the rights of recovery by the Authority under a WorkCover insurance policy. (2) Any premium or penalty imposed under this Act and which is unpaid may be sued for and recovered- (a) irrespective of the amount of the premium or penalty, in the Magistrates' Court; or (b) in any other court of competent jurisdiction- by the Authority suing in the name of the Authority or by a person employed in the administration of this Act and authorised to sue for and recover premium or penalty on behalf of the Authority suing in the name of the Authority. (3) Proceedings under this section brought in the name of the Authority are, in the absence of evidence to the contrary, deemed to have been brought by authority of the Authority. (4) The person referred to in subsection (2) may appear in proceedings brought under this section on behalf of the Authority. (5) Notwithstanding any Act or any rule of the court to the contrary, in any proceedings for the recovery of a premium or penalty against any person it is sufficient to disclose a cause of action in such proceedings if the particulars of demand state in respect of what remuneration the premium or penalty is payable, the amount sought to be recovered, the date on which the amount was payable and such further and other particulars as the Authority thinks necessary fully to inform the defendant of the nature of the demand. (6) A reference to a premium or penalty in this section includes a reference to a part of a premium or penalty. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 69 Books and accounts to be preserved 69. Books and accounts to be preserved (1) A person who is or was an employer required to obtain and keep in force a WorkCover insurance policy under this Act must keep proper books and preserve those books for a period of not less than 5 years after the completion of the transactions to which they relate. Penalty: 10 penalty units. (2) This section does not apply so as to require the preservation of any books- (a) in respect of which the Authority has notified the employer that preservation is not required; or (b) of a corporation which has gone into liquidation and which has been finally dissolved. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 70 Warrants to enter and search 70. Warrants to enter and search (1) If a magistrate is satisfied, by the evidence on oath or by affidavit of the Authority, that there is reasonable ground for suspecting that there are on particular premises any books which are relevant to the assessment of a premium the magistrate may issue a warrant authorising any member of the police force together with any other person named in the warrant- (a) to enter those premises (using such force as is necessary for the purpose); (b) to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; (c) to take possession of, or secure against interference, any books that appear to be relevant to the assessment of a premium; and (d) to deliver any books, possession of which is so taken, into the possession of the Authority or a person authorised by the Authority to receive them. (2) Every warrant under subsection (1) may be in the prescribed form and must not be granted except in accordance with subsection (1). (3) Where, under this section, a person takes possession of, or secures against interference, any books, that person or any person to whose possession they are delivered under subsection (1)(d)- (a) may make copies of, or take extracts from, the books; (b) may retain possession of the books for such period as is necessary to enable them to be inspected, and copies of, or extracts from, them to be made or taken, by or on behalf of the Authority; and (c) during that period must permit a person who would be entitled to inspect any one or more of those books if they were not in the possession of the first-mentioned person to inspect at all reasonable times such of those books as that person would be so entitled to inspect. (3A) If the Authority considers that it may be necessary to prove the physical properties of any books or of the contents of any books of which possession has been retained under subsection (3)(b) in any criminal proceedings, the Authority may apply to the magistrate who issued the warrant under subsection (1) for an order authorising the Authority to retain possession of the books specified in the order until the criminal proceedings are concluded. (3B) If the magistrate is satisfied that there is reasonable ground to believe that the physical properties of the books or of the contents of the books are material evidence in the proposed criminal proceedings, the magistrate may make the order specified in subsection (3A). (3C) For the purposes of subsections (3A) and (3B), physical properties includes, but is not limited to- (a) whether or not the books or any of the contents of the books have been forged or tampered with; (b) whether or not there are finger prints on the books which establish who had physical possession of the books before the books were seized under this section; (c) whether or not handwriting in any of the books belongs to a particular person. (4) Every person who- (a) refuses to permit any such search or seizure as is referred to in this section to be made; or (b) assaults, opposes, molests or obstructs any person employed or acting in the execution or under the authority of such warrant or aiding or assisting in the execution thereof- is liable to a penalty not exceeding 100 penalty units. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 71 Evidence 71. Evidence (1) For the purposes of any proceedings against a person for the recovery of a premium or penalty, a certificate purporting to be issued by the Authority or an authorised insurer certifying that- (a) the person named in the certificate was liable to the premium or penalty in respect of the period specified in the certificate; or (b) an assessment of the premium or penalty was duly made against the person; or (c) the particulars of the assessment or penalty are as stated in the certificate; or (d) notice of the assessment or penalty was duly served upon the person; or (e) the amount specified in the certificate was at the date of the certificate payable as the premium or penalty by the person named in the certificate- is evidence of the matters so certified. (2) The production of a notice of assessment, or a document purporting to be executed in accordance with section 18(3) of the Accident Compensation Act 1985 or under the seal of an authorised insurer purporting to be a copy of a notice of assessment, is conclusive evidence of the due making of the assessment and that the amount and all particulars of the assessment are correct. (3) The production of any document purporting to be executed in accordance with section 18(3) of the Accident Compensation Act 1985 or under the seal of an authorised insurer (that document purporting to be a copy of or extract from any document or return furnished to, or of any document issued by, the Authority or an authorised insurer) is for all purposes sufficient evidence of the matter therein set forth, without producing the original. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 72 Regulations 72. Regulations (1) The Governor in Council may make regulations for or with respect to prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act- (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or circumstances; (c) may leave any matter or things to be from time to time determined, applied, dispensed with or regulated by a person or body specified in the regulation; (d) may confer powers or impose duties in connection with the regulations on a person or body specified in the regulations; (e) may apply, adopt or incorporate, with or without modification any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; (f) may make provision for or in relation to any matter by applying, adopting or incorporating, with or without modification, the provisions of any Act of the Commonwealth or of any statutory rule or other instrument made under an Act of the Commonwealth, as in force at a particular time or as in force from time to time; (g) may impose a penalty not exceeding 10 penalty units for any contravention of the regulations. _______________ Accident Compensation (WorkCover Insurance) Act 1993 - PART 7 PART 7 SAVING AND TRANSITIONAL Accident Compensation (WorkCover Insurance) Act 1993 - SECT 73 Authority is successor in law 73. Authority is successor in law For the purposes of this Act and the Accident Compensation Act 1985, the Authority is the successor in law of an authorised insurer. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 74 Transitional provisions 74. Transitional provisions (1) Without limiting section 73, for the purposes of this Act and the Accident Compensation Act 1985- (a) anything of a continuing nature done, commenced or made by or in relation to an authorised insurer under this Act or the Accident Compensation Act 1985 before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 may be done, enforced or completed by or in relation to the Authority; (b) anything of a continuing nature done, commenced or made by or in relation to a WorkCover insurance policy or a claim for compensation by an authorised insurer under this Act or the Accident Compensation Act 1985 before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 may be done, enforced or completed by the Authority; (c) the Authority is substituted for an authorised insurer as a party in any proceedings or dispute to which the authorised insurer was a party under this Act or the Accident Compensation Act 1985 pending or existing in any court, tribunal, conciliation or Medical Panel before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 and the Authority has the same rights in the proceedings or dispute as the authorised insurer had; (d) on and after the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998, any reference in any Act, regulation, contract, WorkCover insurance policy, application, notice, claim, statement, offer, referral, determination, decision order or other document to an authorised insurer, is to the extent that the reference relates to any act, matter or thing under this Act or the Accident Compensation Act 1985, to be construed as a reference to the Authority; (e) all WorkCover insurance policies are deemed to have been issued or renewed by the Authority and all acts or things done or omitted to be done by the Authority under a WorkCover insurance policy issued or renewed by an authorised insurer shall be as valid and effectual and have the same consequences as if those acts or things had been done or omitted to be done by the authorised insurer. (2) No act, matter or thing is affected only because of the repeal of the definitions of superannuation benefit and remuneration in the Accident Compensation Act 1985, and sections 5(15), 5(16), 5(17), 5D and 5E of that Act, by sections 22 and 23 of the Transport Accident and Accident Compensation Acts Amendment Act 2007 and the re-enactment of those provisions in this Act by sections 30 and 31 of the Transport Accident and Accident Compensation Acts Amendment Act 2007. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 75 Cancellation of licences 75. Cancellation of licences (1) Any licence in force under Part 3 immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is by virtue of this section cancelled. (2) Any right or privilege acquired or accrued against the State of Victoria or the Authority in respect of a licence cancelled by this section is extinguished, despite anything to the contrary in section 14(2) of the Interpretation of Legislation Act 1984. (3) Despite any Act or law to the contrary, the State of Victoria and the Authority are not liable in any way for any loss, damage or injury whatsoever resulting from the cancellation of a licence under this section. (4) Except as otherwise provided in this section, the cancellation of a licence under this section does not affect any rights, obligations and liabilities accrued or incurred before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 76 Re-insurance arrangements 76. Re-insurance arrangements (1) Any re-insurance arrangement in force under section 34 immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is by virtue of this section terminated. (2) Despite any Act or law to the contrary, the State of Victoria and the Authority are not liable in any way for any loss, damage or injury whatsoever resulting from the termination of a re-insurance arrangement under this section. (3) The termination of a re-insurance arrangement under this section does not affect any rights, obligations and liabilities accrued or incurred before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998. Accident Compensation (WorkCover Insurance) Act 1993 - SECT 77 Supreme Court-limitation of jurisdiction 77. Supreme Court-limitation of jurisdiction (1) It is the intention of sections 75 and 76 to alter or vary section 85 of the Constitution Act 1975. (2) It is the intention of section 22A as inserted by section 5 of the Treasury and Finance Legislation (Amendment) Act 2004 to alter or vary section 85 of the Constitution Act 1975. __________________ * * * * * __________________ * * * * * --------------- ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 29 April 1993 Legislative Council: 14 May 1993 The long title for the Bill for this Act was "A Bill to require compulsory WorkCover insurance for employers and to establish a WorkCover insurance system, to generally amend the Accident Compensation Act 1985 and the Workers Compensation Act 1958 and to make minor amendments to the Stamps Act 1958 and the Accident Compensation (WorkCover) Act 1992 and for other purposes.". The Accident Compensation (WorkCover Insurance) Act 1993 was assented to on 1 June 1993 and came into operation as follows: Part 1 (sections 1-6), sections 19, 94(1), 102, 110(1), 111(1) on 1 June 1993: s. 2(1); sections 111(2), 112(1) on 19 November 1992: section 2(2)(a); Sections 84(1), 92, 94(2), 95, 100, 110(2) on 1 December 1992: section 2(2)(b); Section 93 on 1 April 1993: s. 2(2)(c); Sections 87, 88 on 29 April 1993: s. 2(2)(d); Part 3 (sections 27-42), sections 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 June 1993; sections 12-14, 18, 20-26, 55, 57-71, 73, 75, 78(1)(c)-(h)(2), 83, 101 on 30 June 1993; Part 4 (sections 43-54), sections 56, 74, 76, 78(1)(a), 80(1)(b)-(d)(2), 81, 84(2), 91, 99, 109(3) on 1 July 1993; sections 96, 97 on 1 August 1993: Special Gazette (No. 39) 16 June 1993 page 1; Sections 77, 82 never proclaimed, repealed by No. 50/1994 section 104. 2. Table of Amendments This Version incorporates amendments made to the Accident Compensation (WorkCover Insurance) Act 1993 by Acts and subordinate instruments. ------------------------------------------------------------ Accident Compensation (Amendment) Act 1994, No. 50/1994 Assent Date: 15.6.94 Commencement Date: Ss 89, 90(1)(2) on 1.6.93: s. 2(2)(c); s. 92(2) at 4 p.m. on 30.6.93: s. 2(2)(d); ss 88, 90(3)(4), 92(1), 94-97, 100-104 on 24.6.94: Special Gazette (No. 37) 24.6.94 p. 2-see Interpretation of Legislation Act 1984; ss 91, 93, 98, 99 on 1.7.94: Special Gazette (No. 37) on 24.6.94 p. 2 Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Transport Accident (General Amendment) Act 1994, No. 84/1994 Assent Date: 29.11.94 Commencement Date: S. 64 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 (WorkCover Insurance) Act 1993 Accident Compensation (Amendment) Act 1996, No. 7/1996 Assent Date: 25.6.96 Commencement Date: Ss 52-54, 55(1), 58 on 25.6.96; ss 51, 55(2), 56, 57 on 1.7.96: Special Gazette (No. 71) 25.6.96 p. 2 Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Education (Amendment) Act 1996, No. 47/1996 Assent Date: 26.11.96 Commencement Date: S. 24 on 1.1.97: s. 2(1) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation (Further Amendment) Act 1996, No. 60/1996 Assent Date: 17.12.96 Commencement Date: S. 31 on 17.12.96: s. 2(1); s. 32 on 1.7.98 Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Vocational Education and Training (Training Framework) Act 1997, No. 80/1997 Assent Date: 25.11.97 Commencement Date: S. 51 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 (WorkCover Insurance) Act 1993 Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997 Assent Date: 23.12.97 Commencement Date: S. 67 on 23.12.97: s. 2(1); ss 65, 66 on 1.1.98: s. 2(3); ss 64, 68 on 1.2.98: Government Gazette 22.1.98 p. 101 Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation (Amendment) Act 1998, No. 81/1998 Assent Date: 17.11.98 Commencement Date: Ss 3-18 at 4 p.m. on 30.6.99: s. 2(4) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation (Common Law and Benefits) Act 2000, No. 26/2000 Assent Date: 30.5.00 Commencement Date: S. 27 on 1.7.97: s. 2(3) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000 Assent Date: 12.9.00 Commencement Date: S. 25(5) on 1.1.01: s. 2(2) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 1) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation (Amendment) Act 2001, No. 82/2001 Assent Date: 11.12.01 Commencement Date: Pt 5 (ss 26-31) on 12.12.01: s. 2(1) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation and Transport Accident Acts (Amendment) Act 2003, No. 95/2003. Assent Date: 2.12.03 Commencement Date: S. 24 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 (WorkCover Insurance) Act 1993 Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004 Endnotes Assent Date: 8.6.04 Commencement Date: Ss 4-10, 15 on 6.5.04: s. 2(2); ss 11-14 on 9.6.04: s. 2(1) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation Legislation (Amendment) Act 2004, No. 102/2004 Assent Date: 21.12.04 Commencement Date: Ss 42-44 on 21.12.04: s. 2(1); s. 45 on 1.7.05: s. 2(4) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation (Amendment) Act 2005, No. 28/2005 Assent Date: 21.6.05 Commencement Date: Pt. 3 Div. 2 (s. 27) on 22.6.05: s. 2(1); s. 26 on 1.7.05: s. 2(4) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006 Assent Date: 25.7.06 Commencement Date: S. 27 on 1.7.06: s. 2(4) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007 Assent Date: 27.11.07 Commencement Date: S. 49 on 28.11.07: s. 2(1) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Transport Accident and Accident Compensation Acts Amendment Act 2007, No. 60/2007 Assent Date: 27.11.07 Commencement Date: Ss 30-32 on 19.9.07: s. 2(4) Current State: This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 ------------------------------------------------------------ 3. Explanatory Details 1 S. 7(1): Section 51(4) of the Accident Compensation (Amendment) Act 1996, No. 7/1996 reads as follows: 51. Amendment of section 7 (4) Section 7 of the Accident Compensation (WorkCover Insurance) Act 1993 as amended by this section applies to and in respect of the financial year commencing on 1 July 1996 and to each subsequent financial year. 2 S. 7(1)(a): Section 90(3)(4) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows: 90. References (3) The Principal Act is deemed to have been enacted as amended by this section. (4) A WorkCover insurance policy issued before the enactment of this Act is deemed to have been issued under the Principal Act as amended by this section. 3 S. 7(1A): See note 1. 4 S. 7(1B): See note 1. 5 S. 7(4): See note 1. 6 S. 7(4A): Section 92(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows: 92. WorkCover Insurance for work experience students (2) The Authority must calculate or adjust the relevant premiums payable in respect of WorkCover insurance policies issued for the financial year 1993-1994 as if the Principal Act was in force at 4 p.m. on 30 June 1993 as amended by subsection (1). 7 S. 7(4B): See note 6. 8 S. 15: Section 103 of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows: 103. WorkCover Insurance Premiums Order 1993/94 (1) This section applies for the purpose of calculating any adjusted premium payable- (a) after a WorkCover insurance policy has been cancelled before 4 p.m. on 30 June 1994 and the relevant employer ceases to be an employer; or (b) after a policy period has expired at 4.00 p.m. on 30 June 1994. (2) The WorkCover Insurance Premiums Order 1993/94 is to be construed as if it had been made with the following provisions included in the Order- (a) after item 3(1)(h) of Schedule 3- "(i) shall not include the cost of weekly payments of compensation or the cost of increased weekly payments of compensation made to a worker solely as the result of the invalidity of a notice issued under section 112 of the Act on and after 1 December 1992 by reason of the failure of the notice to comply with section 123A of the Accident Compensation Act 1985;"; (b) after item 4(c) of Schedule 3- "(d) claims for compensation under section 98 of the Accident Compensation Act 1985 for loss of hearing which were given, served or lodged after 1 July 1991 if the total amount of compensation paid or payable in respect of such claims is for a binaural loss of hearing of less than 7 percent;". 9 S. 63: See note 2. ?? ?? Accident Compensation (WorkCover Insurance) Act 1993 No. 50 of 1993