Accident Compensation Act 1985 (Vic)

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Version No. 235

Accident Compensation Act 1985

No. 10191 of 1985

Version incorporating amendments as at


1 November 2025

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

Division 1—General

1Short title

2Commencement

3Objects of Act

3AAct binds the Crown

4Application of Act

4AInterpretation

4AACompensation for death of worker

5Definitions

Division 2—Pre-injury average weekly earnings and current weekly earnings

5ADefinition—pre-injury average weekly earnings

5AADefinitions applying to pre-injury average weekly earnings—relevant period

5ABDefinitions applying to pre-injury average weekly earnings—ordinary earnings

5ACDefinition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay

5ADDefinitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period

5AEDefinition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work

5BDefinition—current weekly earnings

Part IV—Payment of compensation

Division 1—Application

80Entitlement to compensation only if employment connected with Victoria

81Application to sailors

82Entitlement to compensation

82ACircumstances in which weekly payments are reduced because of conviction for drink-driving offence

82BCircumstances in which weekly payments are reduced because of conviction for drug-driving offence

82BACircumstances in which weekly payments are reduced because of combined drink and drug driving offence

82CNo entitlement to compensation where conviction for certain serious road traffic offences

82DWhere conviction or finding of guilt overturned

83Out of or in the course of employment

84Compensation for workers injured outside Victoria

84BPerson not to be compensated twice

85Entitlement to damages outside Victoria

86Compensation for disease due to employment

87Proclaimed diseases

88Compensation for industrial deafness

89Further diminution of hearing

90Effect of determination for industrial deafness

90AAssessment of lung injury

90BCompensation for serious lung injury

90CCompensation for injury treated with lung transplant surgery

90DFurther impairment related to lung injury

91Assessment of impairment

Division 1A—Determination by courts and recognition of determinations

91ADetermination of State with which worker's employment is connected in proceedings under this Act

91BDetermination by County Court of State with which worker's employment is connected

91CRecognition of previous determinations

91DDetermination may be made by consent

Division 2—Benefits

91EDefinitions applicable to this Division

91EATwice State average weekly earnings

92Compensation for death of a worker

92ARevised compensation for death of worker

92AAReimbursement of expenses incurred by non-dependent family members of a deceased worker

92BWeekly pensions for dependants of worker who dies

92CPayment of weekly pensions

92DProvisional payment

93Compensation in weekly payments

93AWeekly payments in first entitlement period

93BWeekly payments in second entitlement period

93CWeekly payments after the second entitlement period

93CACompensation for incapacity arising from surgery after second entitlement period

93CABReview of impairment arising from surgery after second entitlement period

93CDContinuation of weekly payments after second entitlement period

93CDAEntitlement under section 93CD not affected by certain circumstances

93CECompensation in the form of superannuation contributions

93EInjury after retirement

93EACompensation for incapacity arising after retirement age

93FCompensation after retirement

96Effect of disability or other pensions and lump sums on weekly payments

96ANotification of entitlement to certain payments

97Provisions relating to the payment of compensation

Division 2A—Compensation for maims, pain and suffering and non‑economic loss

98Compensation for maims

98ACompensation for pain and suffering

98CCompensation for non-economic loss

98DPayment of Compensation

98DAEffect of payment…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.