Victorian Consolidated Legislation

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.

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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39) 16 June 1993 page 1; Sections 77, 82 never proclaimed, repealed by No.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
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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.

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Accident Compensation (WorkCover Insurance) Act 1993 No. 50 of 1993