Victorian Consolidated Legislation

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.