Victorian Consolidated Legislation

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.