Victorian Consolidated Legislation

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.