WORKERS COMPENSATION ACT 1958
Table of Provisions
- 1 Short title and commencement
- 1A Application of Act
- 1AA Compensation for death of worker
- 1B Construction of references
- 2 Repeals and savings
- 2A Transitional—1975 amendments—compensation
- 2B Transitional—1975 amendments—insurance
- 2C Transitional—1975 amendments—recompense etc.
- 2D Transitional—1979 amendments—compensation
- 2E Transitional—1979 amendments—insurance
- 2F Transitional—1979 amendments—recompense to employer
- 2G Transitional—1979 amendments—recompense to insurer
- 2H Transitional—1979 amendments—payments into the Fund
- 2J Transitional—1979 amendments—determinations by the County Court
- 2K Transitional—1975 and 1979 amendments—operation of section 72(1)(a)
- 2L Transitional—definitions
- 3 Definitions
- 3A Secretaries of co-operative societies
- 4 Workers employed by the Crown etc.[1]
PART I--EMPLOYERS' LIABILITY
Division 1--Liability to pay compensation
- 5 Employers' liability
- 5A Nominal defendant
- 5AA Payments by employer not admission of liability
- 6 Injury due to serious and wilful misconduct
- 7 Victorian workers injured outside Victoria
- 7A Public servants injured outside Victoria
- 7B Entitlement to compensation under the law of another State etc.
- 8 Injury in course of employment
Division 2--Compensation generally and for specified injuries
- 9 Compensation for death and incapacity for work
- 10 Worker ceasing to reside in Australia
- 11 Compensation for specified injuries
Division 3--Compensation for industrial diseases
Division 3A--Industrial deafness
Division 4--Compensation for medical and like services
- 26 Liability for medical etc. services and burial etc. costs
Division 5--Medical examinations of workers
Division 6--Payment of compensation under awards, &c.
- 28 Purported payments; awards by consent
- 29 Payment by instalments; interim awards
- 30 Compensation inalienable
- 31 Penalties not affected
- 31A Transitional provision
Division 7--Payments under schemes under the 1928 Act
- 32 Payments in case of death
Division 8--Administration by the State Trust Corporation of Victoria[6]
- 34 Certain payments to be administered by the State Trust Corporation of Victoria
- 35 Powers of the State Trust Corporation of Victoria in relation to administration
- 36 Power of the State Trust Corporation of Victoria to make determinations
- 37 Transitional provisions in respect of payments into the custody of the Board
PART II--PROCEEDINGS UNDER THE ACT
Division 1--Notice of injuries and claims
- 41 Time for taking proceedings
- 42 Notice may be written or oral
- 43 Service
- 44 Notice of claims
- 45 Defects in notices; injury book
- 46 Enforcement of awards
PART III--MISCELLANEOUS
Division 1--Seamen
Division 2--Contractors and sub-contractors
Division 3--Insolvency of employer
Division 4--Action brought independently of this Act
- 62 Remitting of cases etc.
- 63 Application of section 62
- 63A Acceptance of compensation under this Act
- 63B Where judgment unsatisfied
- 64 Where judgment satisfied
- 65 Reduction of judgment by compensation
- 66 Where judgment against third party
- 67 Indemnity by third party[9]
- 68 Payment into court
- 69 Settlement by third party
- 70 Reduction of compensation by damages under Wrongs Act 1958
Division 6--Liability of insurer
Division 7--Insurance policies and transitional provisions
- 72A Extension of policies
- 72B Termination of policies
- 72C Proof of identity
Division 8--Regulations
Division 9--Returns showing compensation paid
Division 10--Offences
- 75 Malingering
- 76 Prosecutions
- 77 General penalty
PART IVA--CERTAIN PAYMENTS OUT OF THE FUND
PART V--PROVISIONS RELATING TO THE ACCIDENT COMPENSATION FUND AND THE INSURERS GUARANTEE AND COMPENSATION SUPPLEMENT FUND
Division 1--Transitional and general provisions
Division 2--Payments from Fund
- 101 Claims etc. to which Part applies
- 102 Failure to provide indemnity
- 103 Notice of claims etc.
- 103A Winding up of insurer
- 103B Notices and advertisement of winding up
- 104 Contract of indemnity
PART VI--PROVISIONS RELATING TO THE ACCIDENT COMPENSATION FUND AND THE WORKERS SUPPLEMENTATION FUND
- 105 Definitions
- 106 Contributions
- 107 Payment of contributions
- 108 Recovery of moneys
- 109 Overpayments
- 110 Workers Supplementation Fund to be transferred to Accident Compensation Fund
- 111 Payments into the Fund
- 111A Obligations under this Part
- 112 Payments out of the Fund
- 112A Additional amounts paid under section 2G
- 112B Recompense from the Fund for additional amounts paid under section 2G
- 113 Provisions in respect of moneys previously advanced from the Insurers Guarantee and Compensation Supplementation Fund
- 114 Transitional
- 116 Auditor's certificate
- 117 Inspection of insurer's records