WORKERS COMPENSATION ACT 1958

Victorian Consolidated Legislation

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WORKERS COMPENSATION ACT 1958

No. 6419 of 1958
Version incorporating amendments as at 22 June 2011

TABLE OF PROVISIONS

Section Page
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.

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

12. Disease due to employment
12A. Certificate by a registered medical practitioner
13. False representation
14. From which employer compensation recoverable
15. Notice of death or disablement
16. Nominal defendant
17. Production of section 12 certificate
18. Calculation of compensation
19. References to medical referee
19A. Reference under section 19.
19B. Procedure relating to references under section 19.
20. Date of disablement
21. Proclamation of diseases
22. Proclaimed diseases deemed to be due to employment
23. Regulations
24. Repealed
25. Saving as to personal injury

Division 3A-Industrial deafness

25A. Definitions
25B. Industrial deafness due to employment
25C. Compensation payable only under Divisions 3A and 4.
25D. From which employer compensation recoverable
25E. Nominal defendant
25F. Deafness deemed to have occurred at a constant rate
25G. Compensation in accordance with sections 9 and 11.
25GA. Transitional-presumption under previous section 25G(2)
25H. Prior injury
25I. Finality of awards
25J. Extinguishment of rights

Division 4-Compensation for medical and like services

26. Liability for medical etc. services and burial etc. costs

Division 5-Medical examinations of workers

27. Medical examinations

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
33. Repealed

Division 8-Administration by the State Trust Corporation of Victoria

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
38-40. Repealed

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

Divisions 2-5-Repealed

47-58. Repealed

PART III-MISCELLANEOUS

Division 1-Seamen

59. Injuries to seamen employed on Victorian ships

Division 2-Contractors and sub-contractors

60. Sub-contracting

Division 3-Insolvency of employer

61. 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
68. Payment into court
69. Settlement by third party
70. Reduction of compensation by damages under Wrongs
Act 1958.

Division 5-Repealed

Division 6-Liability of insurer

71. Repealed
71A. Liability of insurer

Division 7-Insurance policies and transitional provisions

72. Repealed
72A. Extension of policies
72B. Termination of policies
72C. Proof of identity

Division 8-Regulations

73. Regulations

Division 9-Returns showing compensation paid

74. Returns

Division 10-Offences

75. Malingering
76. Prosecutions
77. General penalty
Divisions 11, 12-Repealed
78, 79. Repealed

PART IV-Repealed

80-84. Repealed

PART IVA-CERTAIN PAYMENTS OUT OF THE FUND

85. Payments out of Fund where employer uninsured
86-90. Repealed

PART V-PROVISIONS RELATING TO THE ACCIDENT COMPENSATION FUND AND THE INSURERS GUARANTEE AND COMPENSATION SUPPLEMENT FUND

Division 1-Transitional and general provisions

91. Definition
92. Insurers Guarantee and Compensation Supplementation Fund
to be transferred to Accident Compensation Fund
93. Payments into the Fund
94. Recovery of moneys
95. Refund of overpayments
96. Obligations under this Part
97. Repealed
98. Payments out of Fund
98A. Additional amounts paid under section 2A.
98B. Recompense from the Fund for additional amounts paid under section 2A.
99. Advances from Public Account
100. Transitional
100A. Repealed
100B. Auditor's certificate
100C. Inspection of insurer's records

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
115. Repealed
116. Auditor's certificate
117. Inspection of insurer's records
__________________
SCHEDULE 1-Repeals
SCHEDULE 2-Reproduced Provisions of Section 15 of the Workers Compensation Act 1953 as re-enacted by Section 8
of the Workers Compensation (Amendment) Act 1953.
SCHEDULE 3-List of Diseases Proclaimed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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