Accident Compensation (Amendment) Act 1998 (Vic)

Accident Compensation (Amendment) Act 1998

Act No. 81/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENT OF ACCIDENT COMPENSATION

(WORKCOVER INSURANCE) ACT 1993 3

3. Purpose 3

1. Purpose 3

4.	Definitions	3
5.	Compulsory WorkCover insurance	4
6.	WorkCover insurance policy	4
7.	Sections 10 and 11 substituted	5

10. Issue and renewal of WorkCover insurance policies 5

8.	Evidence that employer has WorkCover insurance policy	6
9.	Employer ceasing to exist	6
10.	Premiums order	6
11.	Rateable remuneration and premiums	6
12.	Licensing provisions	8
13.	Section 42 substituted	8

42. Payment of premiums 8

14.	Funds and Scheme	9
15.	Amendment of section 63	9
16.	Section 64 substituted	9

64. Transfer of rights, obligations and liabilities 9

17.	Recovery of premium or penalty	10
18.	New Part 7 inserted	10
PART 7—SAVING AND TRANSITIONAL	10

73.	Authority is successor in law	10
74.	Transitional provisions	10
75.	Cancellation of licences	12
76.	Re-insurance arrangements	13
77.	Supreme Court—limitation of jurisdiction	13

i

Section	Page
PART 3—AMENDMENT OF ACCIDENT COMPENSATION ACT

1985   14

19.	Consequential amendments	14
20.	Functions and powers of the Authority	15

23A. Existing authorised insurers 16

21.	WorkCover Authority Fund	18
22.	Dispute resolution	19
23.	Payment of Compensation	20
24.	Settlements	22
25.	Other compensation provisions	22
26.	General provisions	24

PART 4—MISCELLANEOUS AMENDMENTS 26

27.	Medical panels	26
28.	Amendment of section 93C	26
29.	Co-ordinated care programs	27
30.	Settlements	27
31.	Self-insurers	27
143A. Claims management	27
32.	Amendment to unproclaimed provisions	28
33.	Amendments in relation to Petroleum Act 1998	28
34.	Statute law revision	28
35.	Incorrect amendments repealed	29

═══════════════

NOTES 30

ii

Victoria

No. 81 of 1998

Accident Compensation (Amendment)

Act 1998†

[Assented to 17 November 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Accident
Compensation (WorkCover Insurance) Act
1993 and the Accident Compensation Act 1985
and certain other Acts.

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 2

2. Commencement

(1) Part 1 and Part 4 (other than sections 29(2), 32

and 35) and section 20(5) come into operation on
the day on which this Act receives the Royal
Assent.

(2) Section 35 is deemed to have come into operation on 26 May 1998.

(3) Subject to sub-section (4), Parts 2 and 3 (other

than section 20(5)) and section 32 come into
operation on a day to be proclaimed.

(4) If a provision referred to in sub-section (3) does
not come into operation before 30 June 1999, it
comes into operation at 4 p.m. on 30 June 1999.

(5) Section 29(2) comes into operation on a day to be proclaimed being a day on or after 1 July 2000 but before 31 December 2000.

(6) If section 29(2) does not come into operation

before 31 December 2000, it is repealed on
31 December 2000.

_______________
Accident Compensation (Amendment) Act 1998

s. 3 Act No. 81/1998

PART 2—AMENDMENT OF ACCIDENT COMPENSATION

(WORKCOVER INSURANCE) ACT 1993

3. Purpose

For section 1 of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute—
"1. Purpose

The purpose of this Act is to provide for compulsory WorkCover insurance for employers under WorkCover insurance policies and the payment of premiums for WorkCover insurance policies.".

4. Definitions

In section 3(1) of the Accident Compensation

(WorkCover Insurance) Act 1993—

(a)

for the definition of "authorised insurer" ' "authorised insurer" means an insurer

who was the holder of a licence under Part 3 as in force immediately before the commencement of Part 2 of the

Accident Compensation (Amendment) Act 1998;

"authorised agent" has the same meaning

as it has in section 5(1) of the Accident
Compensation Act 1985;'.

(b)	in the definition of "former authorised insurer" for "or suspension" substitute ", suspension or operation of law";
(c)	in the definition of "policy period" omit "by an authorised insurer in accordance with guidelines issued";

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 5

(d)	the definition of "statutory fund" is repealed;
(e)	in the definition of "WorkCover insurance policy" omit "by an authorised insurer".

5. Compulsory WorkCover insurance

(1) In section 7(1)(a) of the Accident Compensation

(WorkCover Insurance) Act 1993 for "an
authorised insurer" substitute "the Authority".

(2) In section 7(4A) of the Accident Compensation

(WorkCover Insurance) Act 1993 omit "with
the authorised insurer of the Department of
Education".

(3) In section 7(4C) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "with the authorised insurer of the Transport Accident Commission".

(4) After section 7(7) of the Accident Compensation

(WorkCover Insurance) Act 1993 insert—

"(8) A WorkCover insurance policy issued or

deemed to have been issued before the deemed to have been issued under this Act as amended by Part 2 of the Accident Compensation (Amendment) Act 1998.".

commencement of Part 2 of the Accident

6. WorkCover insurance policy

In section 9 of the Accident Compensation

(WorkCover Insurance) Act 1993—

(a)	in sub-section (2) for "policy of insurance" substitute "WorkCover insurance policy";
(b)	in sub-sections (2)(a) and (2)(b) for "authorised insurer" substitute "Authority";

Accident Compensation (Amendment) Act 1998

s. 7 Act No. 81/1998

(c) an authorised insurer" substitute

in sub-section (3) for "policy of insurance of Authority";

(d) sub-sections (4) and (5) are repealed.

7. Sections 10 and 11 substituted

For sections 10 and 11 of the Accident
Compensation (WorkCover Insurance) Act
1993 substitute—

"10. Issue and renewal of WorkCover insurance

policies

(1) A person, other than the Authority, must not

issue or renew a WorkCover insurance
policy or a purported WorkCover insurance
policy.
Penalty: 100 penalty units.

(2) Subject to sub-section (3), the Authority

must not refuse to issue a WorkCover
insurance policy to an employer or to renew
a WorkCover insurance policy issued to an
employer.

(3) Sub-section (2) does not apply in any case

where—

(a)	the employer has not complied with any conditions prescribed by this Act or the regulations in respect of the issue or
renewal of a WorkCover insurance policy; or
(b)	the employer has persistently failed to pay, or to pay when due and payable, premium or adjusted premium for a

WorkCover insurance policy.".

Accident Compensation (Amendment) Act 1998

s. 8
s. 11

Act No. 81/1998

8.  Evidence that employer has WorkCover insurance policy

In section 13 of the Accident Compensation (WorkCover Insurance) Act 1993 for "a specified authorised insurer" substitute "either a specified authorised insurer or the Authority".

9. Employer ceasing to exist

In section 14 of the Accident Compensation

(WorkCover Insurance) Act 1993—

(a)	in sub-section (2)(a) after "declaration" insert "or with the Authority";
(b)	in sub-section (3) after "of the worker" insert "or between the Authority and the employer of the worker".

10. Premiums order

(1) At the end of section 15 of the Accident

Compensation (WorkCover Insurance) Act
1993 insert—

"(2) The Governor in Council may on the

recommendation of the Authority by Order
in Council amend a premiums order which is
in force under sub-section (1) to insert
provisions of a savings and transitional
nature consequent on the enactment of the
Accident Compensation (Amendment) Act
1998, including provisions providing for the
construction of the premiums order.

(3) An Order in Council made under sub-section

(2) has effect from the commencement of
Part 2 of the Accident Compensation
(Amendment) Act 1998.".

(2) Section 17(2) of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

11.  Rateable remuneration and premiums

Accident Compensation (Amendment) Act 1998

Act No. 81/1998

(1) In section 18 of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) for sub-section (1)(a) substitute— "(a) an employer receives a notice from the

Authority; and";

(b)	in sub-section (1) for "the authorised insurer" substitute "the Authority";
(c)	for sub-section (2)(a) substitute— "(a) an employer receives a notice from the

Authority; and";

(d) in sub-section (2) for "the authorised insurer" substitute "the Authority".

(2) In sections 20(1) and 20(2) of the Accident

Compensation (WorkCover Insurance) Act
1993 for "authorised insurer" substitute
"Authority".

(3) In section 21 of the Accident Compensation

(WorkCover Insurance) Act 1993 omit "or the
authorised insurer" (where twice occurring).

(4) In section 22 of the Accident Compensation

(WorkCover Insurance) Act 1993 for
"authorised insurer" substitute "Authority".

(5) Section 22A of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed.

(6) In section 23(1) of the Accident Compensation

(WorkCover Insurance) Act 1993—

(a)	for "An authorised insurer" substitute "The Authority";
(b)	for "the authorised insurer" substitute "the Authority".

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 12

(7) In section 25(1) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "or the authorised insurer".

(8) Section 25(4) of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

(9) For section 26(3) of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute—

"(3) The Authority may defer the payment of the

whole or part of the premium to a date or
dates after the commencement of the policy
period.".

(10) In section 26(4) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "or the authorised insurer".

12. Licensing provisions

(1) Sections 27 to 36, 38, 40 and 41 of the Accident

Compensation (WorkCover Insurance) Act
1993 are repealed.

(2) In section 39 of the Accident Compensation (WorkCover Insurance) Act 1993—

(a)	in sub-section (1) for "an authorised insurer or" substitute "a";
(b)	for "the authorised insurer or" (wherever occurring) substitute "the".

13. Section 42 substituted

For section 42 of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute—

"42. Payment of premiums

An employer must pay any premium under a authorised agent.

WorkCover insurance policy direct to the

Accident Compensation (Amendment) Act 1998

s. 14 Act No. 81/1998

Penalty: 50 penalty units.".

14. Funds and Scheme

(1) Part 4 of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed. (2) Section 56 of the Accident Compensation
(WorkCover Insurance) Act 1993 is repealed. (3) In section 59A of the Accident Compensation

(WorkCover Insurance) Act 1993 for
"Uninsured Employers and Indemnity Fund"
substitute "Authority".

(4) In section 61(1) of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) omit "or" after paragraph (a);

(b) paragraph (b) is repealed.

15. Amendment of section 63

At the end of section 63 of the Accident
Compensation (WorkCover Insurance) Act
1993 insert—
"(2) The liability transferred to authorised

insurers under sub-section (1) and held by authorised insurers immediately before the commencement of Part 2 of the Accident

Compensation (Amendment) Act 1998 is
by virtue of this section transferred to the

Authority.".

16. Section 64 substituted

For section 64 of the Accident Compensation

(WorkCover Insurance) Act 1993 substitute—

"64. Transfer of rights, obligations and

liabilities

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 17

The liability of an authorised insurer to indemnify an employer under a WorkCover insurance policy and the rights, obligations and liabilities of the authorised insurer under the WorkCover insurance policy are by virtue of this section transferred to the Authority.".

17. Recovery of premium or penalty

In section 68(1) of the Accident Compensation
(WorkCover Insurance) Act 1993 for "an

authorised insurer" substitute "the Authority".

18. New Part 7 inserted

After Part 6 of the Accident Compensation (WorkCover Insurance) Act 1993 insert—

"PART 7—SAVING AND TRANSITIONAL

73.

Authority is successor in law Accident Compensation Act 1985, the Authority is the successor in law of an authorised insurer.

74.

Transitional provisions 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;

Accident Compensation (Amendment) Act 1998

s. 18 Act No. 81/1998

(b) 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,

anything of a continuing nature done, Authority;

(c) 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

the Authority is substituted for an Authority has the same rights in the proceedings or dispute as the authorised insurer had;

(d) Part 2 of the Accident Compensation
(Amendment) Act 1998, any reference
in any Act, regulation, contract,
WorkCover insurance policy,

on and after the commencement of 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

Accident Compensation (Amendment) Act 1998

Act No. 81/1998	s. 18
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.

75. Cancellation of licences

(1) Any licence in force under Part 3

immediately before the commencement of
Part 2 of the Accident Compensation
(Amendment) Act 1998 is by virtue of this
section cancelled.

(2) Any right or privilege acquired or accrued

against the State of Victoria or the Authority
in respect of a licence cancelled by this
section is extinguished, despite anything to
the contrary in section 14(2) of the
Interpretation of Legislation Act 1984.

(3) Despite any Act or law to the contrary, the State of Victoria and the Authority are not liable in any way for any loss, damage or

injury whatsoever resulting from the
cancellation of a licence under this section.

(4) Except as otherwise provided in this section,

the cancellation of a licence under this
section does not affect any rights, obligations
and liabilities accrued or incurred before the
commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998.

Accident Compensation (Amendment) Act 1998

s. 18 Act No. 81/1998

76. Re-insurance arrangements

(1) Any re-insurance arrangement in force under

section 34 immediately before the
commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998 is
by virtue of this section terminated.

(2) Despite any Act or law to the contrary, the State of Victoria and the Authority are not liable in any way for any loss, damage or

injury whatsoever resulting from the
termination of a re-insurance arrangement

under this section.

(3) The termination of a re-insurance

arrangement under this section does not
affect any rights, obligations and liabilities
accrued or incurred before the
commencement of Part 2 of the Accident
Compensation (Amendment) Act 1998.

77. Supreme Court—limitation of jurisdiction It is the intention of sections 75 and 76 to alter or vary section 85 of the Constitution Act 1975.".

_______________
Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 19

PART 3—AMENDMENT OF ACCIDENT COMPENSATION

ACT 1985

19. Consequential amendments

(1) In section 5(1) of the Accident Compensation

Act 1985—

(a)	the definition of "authorised insurer" is repealed;
(b)	in the definition of "medical service", in paragraph (e) omit "or authorised insurer" (where twice occurring);
(c)	in the definition of "notional earnings", in paragraph (b) omit ", authorised insurer" (where twice occurring);
(d)	after the definition of "Tribunal" insert— ' "Uninsured Employers and Indemnity

Scheme" means the scheme established
under section 55 of the Accident
Compensation (WorkCover

Insurance) Act 1993;';

(e)

after the definition of "weekly payment" ' "WorkCover insurance policy" has the

same meaning as it has in section 3(1)
of the Accident Compensation
(WorkCover Insurance) Act 1993;'.

(2) In sections 5D(1), 5D(4), 5E, 9(1), 9(4) and 10(2)

of the Accident Compensation Act 1985 omit
"or authorised insurer" (wherever occurring).

(3) In section 10A(6) of the Accident Compensation

Act 1985—

(a) in paragraph (a) for "policy of insurance" substitute "WorkCover insurance policy";

Accident Compensation (Amendment) Act 1998

s. 20 Act No. 81/1998

(b) contractor's insurer" substitute "in

in paragraph (b) for "by the principal WorkCover insurance policy";

(c) in paragraph (c) omit "to the insurer";

(d) for "pay the insurer" substitute "pay the Authority".

(4) In section 10A(7) of the Accident Compensation

Act 1985 for "policy of insurance" substitute
"WorkCover insurance policy".

(5) Section 10A(8) of the Accident Compensation Act 1985 is repealed.

20. Functions and powers of the Authority

(1) In section 20(1) of the Accident Compensation

Act 1985—

(a) for paragraph (b) substitute— "(aa) receive and assess and accept or reject

claims for compensation;

(b)	pay compensation to persons entitled to compensation under this Act;";
(b)	for paragraph (f) substitute— "(f) provide insurance for the purposes of

this Act and the Accident
Compensation (WorkCover

Insurance) Act 1993;";

(c) for paragraph (g) substitute— "(g) defend actions against employers under

this Act and at common law;

(ga) determine, collect and recover

premiums payable for WorkCover
insurance policies issued in accordance

Accident Compensation (Amendment) Act 1998

s. 20
s. 20

Act No. 81/1998

with the Accident Compensation

(WorkCover Insurance) Act 1993;";

(d) in paragraph (p) omit ", authorised insurers". (2) For section 20A(3) of the Accident

Compensation Act 1985 substitute—
'(3) For the purposes of sub-section (2),

"accident insurance" means insurance reference to the practices, usages, form and procedure for the time being followed by other persons engaged in the general business of insurance.'.
under and for the purposes of this Act and
the Accident Compensation (WorkCover

(3) In section 23(1) of the Accident Compensation

Act 1985 after "Act" insert "or the Accident
Compensation (WorkCover Insurance) Act
1993".

(4) For section 23(4) of the Accident Compensation

Act 1985 substitute—
"(4) An authorised agent must not contravene or

fail to comply with—

(a)	the terms and conditions specified in the instrument of appointment; or
(b)	any directions given to the authorised agent under sub-section (2)(b).
Penalty:	50 penalty units for a first offence; 100 penalty units for a second or subsequent offence.".

(5) After section 23 of the Accident Compensation Act 1985 insert—

"23A. Existing authorised insurers
Accident Compensation (Amendment) Act 1998

Act No. 81/1998

(1) The Authority must before the

commencement of section 12 of the
Accident Compensation (Amendment) Act
1998 offer to each corporation who is the
holder of a licence to be an authorised
insurer under the Accident Compensation
(WorkCover Insurance) Act 1993
immediately before the commencement of
section 20(5) of the Accident
Compensation (Amendment) Act 1998 an
appointment as an authorised agent under

section 23 in accordance with this section.

(2) The instrument of appointment must—

(a) authorised to act on behalf of the
Authority in the issuing of WorkCover
insurance policies, the collection of
premiums and the administration of
claims, subject to such terms,

provide that the corporation is specified;

(b)	subject to any termination provisions, be for a minimum period equal to the unexpired term of the licence held by the corporation as at the
commencement of section 12 of the Accident Compensation (Amendment) Act 1998;
(c)	contain terms and conditions as to remuneration which are certified by the Minister as being no less favourable than the terms and conditions as to remuneration which apply in relation to the licence to be an authorised insurer;

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 21

(d)

include any other terms and conditions section 23.".

21. WorkCover Authority Fund

(1) After section 32(2) of the Accident

Compensation Act 1985 insert—

"(2A) The following funds established under the

Accident Compensation (WorkCover
Insurance) Act 1993 as in force
immediately before the commencement of
Part 2 of the Accident Compensation

(Amendment) Act 1998—

(a)	the statutory funds of authorised insurers;
(b)	the Uninsured Employers and Indemnity Fund—

become, on that commencement, part of the WorkCover Authority Fund and any money authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior to that commencement to be paid into those

funds or any payments authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior to that
commencement to be paid out of those funds
must be paid into or may be paid out of the

WorkCover Authority Fund.".

(2) For section 32(3)(fa) of the Accident

Compensation Act 1985 substitute—

"(fa) premiums received for WorkCover insurance

policies;

(fb) any other amount or penalty paid in

connection with WorkCover insurance
policies;

Accident Compensation (Amendment) Act 1998

s. 22 Act No. 81/1998

(fc) registration fees paid under section 58 of the

Accident Compensation (WorkCover
Insurance) Act 1993;

(fd) any amount recovered or penalty received from uninsured employers;

(fe) any amount recovered in relation to claims

against the Uninsured Employers and
Indemnity Scheme;".

(3) For sections 32(4)(ha) and 32(4)(hb) of the

Accident Compensation Act 1985 substitute— "(ha) any payment arising under or in connection

with a WorkCover insurance policy;

(hb) any payment towards a claim against the

Uninsured Employers and Indemnity
Scheme;

(hc) any payment of costs and expenses in

relation to a claim against the Uninsured
Employers and Indemnity Scheme;

(hd) any payment of expenses incurred by or on behalf of the Authority in administering the Uninsured Employers and Indemnity

Scheme;".

22. Dispute resolution

In the Accident Compensation Act 1985—

(a)	in sections 39(1)(a), 45(4), 50, 59(3), 59(5), 59(8), 59(9), 67 and 68 omit ", authorised insurer" (wherever occurring);
(b)	in section 46(1) omit "or authorised insurer" (wherever occurring);
(c)	with a claim for compensation between

in section 53, for the definition of "dispute" ' "dispute" means a dispute in connection

Accident Compensation (Amendment) Act 1998

Act No. 81/1998	s. 23
the person who makes or has made the claim and any one or more of the following—
(a)

the employer (not being a self- insurer) of the relevant worker;

(b)	where the compensation is or may be payable by the Authority, the Authority;
(c)	where the compensation is or may be payable by a self-insurer, that self-insurer.'.

23. Payment of Compensation

In the Accident Compensation Act 1985—

(a)	in sections 85(6), 87(3), 88(3), 92C(1), 92C(7), 93B(5), 93C, 93CC(1), 93CC(4), 97, 99, 99AAA, 99A, 102(6), 103, 104, 104B, 105(3), 114(6) and 123A omit ", authorised insurer" (wherever occurring);
(b)	in sections 87(2), 93A(3), 93B(2), 93CA(3), 93CB(3), 93CC(3) and 99(5) omit "or authorised insurer" (wherever occurring);
(c)	in sections 93CD(2), 99AAA(1) and 107 omit ", an authorised insurer" (wherever occurring);
(d)	in section 96(5) omit "an authorised insurer or";
(e)	in sections 96A(4) and 96A(5) omit "to the relevant authorised insurer or, if there is no relevant authorised insurer,";
(f)	for section 101(1)(b) substitute— "(b) if an authorised agent is responsible for

managing claims under the Act against

Accident Compensation (Amendment) Act 1998

s. 23	Act No. 81/1998
the employer, the name of the authorised agent; and";

(g)	in section 106(1) omit "the relevant authorised insurer or, if there is no relevant authorised insurer,";
(h)	in section 106(3) for "relevant authorised insurer" substitute "Authority";

(i)  in section 108(1) omit "to its authorised insurer or, if there is no current authorised insurer,";

(j)	in section 108(3) omit "to the authorised insurer, or, if there is no current authorised insurer,";
(k)	in sections 108(5) and 114F(2) omit "an authorised insurer or";
(l)	in section 108(5) for "authorised insurer or the Authority (as the case may be)" substitute "Authority";
(m)

in sections 109(1), 114E(1)(e) and 114F(1) occurring);

(n)	in section 109(1) omit "the authorised insurer,";
(o)	112(1), 113(1), 113(2), 113(3), 114(1), 114(2), 114(3), 114(11), 114(12) 114A(1),

in sections 110(1), 110(2), 111(1), 111(3), insurer," (wherever occurring);

(p)	in section 114D(1) for "authorised insurer or Authority unless the authorised insurer or" substitute "Authority unless";
(q)

in section 114D(2), 114D(3), 114D(4), or" (wherever occurring);

Accident Compensation (Amendment) Act 1998

s. 24
s. 25

Act No. 81/1998

(r)	in section 114E(2) omit "the authorised insurer or, where applicable,";
(s)	in section 114F(2) omit "the authorised insurer or".

24. Settlements

(1) In section 115(4)(b) of the Accident

Compensation Act 1985—

(a)	in sub-paragraph (iv) for "employer's authorised insurer" substitute "Authority";
(b)	in sub-paragraph (v) for "authorised insurer" substitute "Authority".

(2) Section 115A of the Accident Compensation Act

1985 is repealed.

(3) In section 128 of the Accident Compensation

Act 1985—

(a)	in sub-section (1) omit ", the authorised insurer" (wherever occurring);
(b)	in sub-section (2) omit "or the authorised insurer";
(c)	in sub-section (2) omit "or authorised insurer".

25. Other compensation provisions

(1) In section 123(1) of the Accident Compensation

Act 1985 omit "the authorised insurer, or if the claim is being administered by the Authority under Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993,".

(2) For section 123(2) of the Accident

Compensation Act 1985 substitute—

Accident Compensation (Amendment) Act 1998
Act No. 81/1998

"(2) If a person who has been receiving weekly

payments directly from the Authority returns
to any work (whether as a worker or
otherwise), the person must immediately
notify the Authority of the return to work.".

(3) In section 127 of the Accident Compensation

Act 1985 for "authorised insurer" (wherever occurring) substitute "Authority".

(4) In sections 129(5), 129A (definition of

"contribution injury") and 129B(1) of the Accident Compensation Act 1985 after "Accident Compensation (WorkCover Insurance) Act 1993" insert "or under a WorkCover insurance policy under that Act".

(5) In section 129D(4) of the Accident

Compensation Act 1985 omit "or in the case of the Authority, in the possession or control of an authorised insurer".

(6) In section 129N (in the definition of "common law

insurer") of the Accident Compensation Act 1985 omit "or an authorised insurer within the meaning of the Accident Compensation

(WorkCover Insurance) Act 1993".

(7) In section 129O(1) of the Accident

Compensation Act 1985 omit "an authorised insurer or the Authority is liable to indemnify a defendant in whole or in part".

(8) Section 129O(3) of the Accident Compensation Act 1985 is repealed.

(9) In sections 135A, 135B(4), 135B(6) and 138(1) of

the Accident Compensation Act 1985 omit ", authorised insurer" (wherever occurring).

(10) In sections 135A(18), 135A(18A), 135C(7) and 138(1) of the Accident Compensation Act 1985

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 26

omit ", an authorised insurer" (wherever

occurring).

(11) In section 138(3)(b) of the Accident

Compensation Act 1985 omit ", the authorised insurer".

(12) Division 10 of Part IV of the Accident

Compensation Act 1985 is repealed.

26. General provisions

(1) In sections 162(1), 184(1), 184(3), 184(4), 188(1) and 242(3)(b)(iii) of the Accident Compensation Act 1985 omit ", authorised insurer" (wherever

occurring).

(2) In sections 184(1) and 184(4) of the Accident

Compensation Act 1985 omit ", an authorised insurer" (wherever occurring).

(3) In section 185(1) of the Accident Compensation Act 1985 for "authorised insurers" substitute "the agent who is the subject of the relevant

notification".

(4) In section 185(6) of the Accident Compensation Act 1985 omit "authorised insurers and".

(5) In sections 238(1) and 239A of the Accident

Compensation Act 1985 omit "or an authorised insurer" (wherever occurring).

(6) In section 246(1) of the Accident Compensation Act 1985 for ", self-insurer or authorised insurer" substitute "or a self-insurer".

(7) In section 247 of the Accident Compensation

Act 1985—

(a)	omit "or authorised insurer" (where first, thirdly and fourthly occurring);
(b)	for "authorised insurer" (where secondly occurring) substitute ", if an authorised

Accident Compensation (Amendment) Act 1998

s. 26 Act No. 81/1998

agent is acting on behalf of the Authority in
the relevant matter, at the office of the
authorised agent,".

(8) In section 249A of the Accident Compensation Act 1985 omit "or authorised insurer" (wherever occurring).

(9) In section 249B of the Accident Compensation Act 1985 omit "authorised insurers," (wherever occurring).

_______________
Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 27

PART 4—MISCELLANEOUS AMENDMENTS

27. Medical panels

For section 63(4) of the Accident Compensation
Act 1985 substitute—

"(4) A panel constituted after the commencement

of section 27 of the Accident Compensation
(Amendment) Act 1998 is to consist of the
number of members not exceeding 5 as is
determined by the Convenor of the Medical

Panels in each particular case.

(4A) Sub-section (4) as in force before the

commencement of section 27 of the
Accident Compensation (Amendment) Act
1998 continues to apply in respect of a panel

constituted before that commencement.".

28. Amendment of section 93C

(1) For section 93C(2) of the Accident

Compensation Act 1985 substitute—
"(2) Sections 93CA to 93CC only apply in

respect of a claim for weekly payments specified in sub-section (1) to the extent necessary to give effect to this section.

(2A) The procedure specified in section 93CD

applies in respect of a claim for weekly
payments specified in sub-section (1) as if
sub-sections (1) to (4) of that section were
incorporated in this section with such
modifications as are necessary".

(2) For section 93C(5)(c)(iii) of the Accident

Compensation Act 1985 substitute—

"(iii) if the Authority or self-insurer makes a

determination in accordance with sub-section
(2A) that the worker's entitlement to weekly

Accident Compensation (Amendment) Act 1998

s. 29 Act No. 81/1998

payments does not cease, the rate specified

in section 93B(1)(c).".

(3) For section 93C(11)(b)(iii) of the Accident

Compensation Act 1985 substitute—

"(iii) if the Authority or self-insurer makes a

determination in accordance with sub-section
(2A) that the worker's entitlement to weekly
payments does not cease, the rate specified

in section 93B(1)(c).".

29. Co-ordinated care programs

(1) In section 99AAA of the Accident

Compensation Act 1985—

(a)	in sub-section (12) for "31 December 1998" substitute "31 December 2000";
(b)	in sub-section (13) for "1 January 1999" substitute "1 January 2001".

(2) In section 99AAA of the Accident

Compensation Act 1985, sub-sections (12) and

(13) are repealed.

30. Settlements

In section 115(2) of the Accident Compensation
Act 1985 after "(as the case may be)" insert "in
accordance with guidelines (if any) issued by the

Authority for the purposes of this section".

31. Self-insurers

After section 143 of the Accident Compensation

Act 1985 insert—

"143A. Claims management

(1) A self-insurer may appoint a person

approved by the Authority to act as the self- insurer's agent in relation to the carrying out of the functions and powers of the self-
insurer under Parts III and IV.

Accident Compensation (Amendment) Act 1998

Act No. 81/1998 s. 32

(2) Nothing in this section or any arrangement

entered into under this section affects the liability of a self-insurer under this Act.".

32. Amendment to unproclaimed provisions

(1) In section 14 of the Accident Compensation (Further Amendment) Act 1996 in proposed section 98B(9) omit ", authorised insurer"

(wherever occurring).

(2) In section 38 of the Accident Compensation

(Miscellaneous Amendment) Act 1997 in
proposed section 98D(11) omit ", authorised
insurer" (wherever occurring).

33. Amendments in relation to Petroleum Act 1998

After section 38(1) of the Occupational Health and Safety Act 1985 insert—

"(1A) The Authority may appoint any person who

Resources and Environment under the
Public Sector Management and

is employed in the Department of Natural for the purposes of this Act in respect of activities carried out under the Petroleum Act 1998.".

34. Statute law revision

(1) In section 2(1) of the Accident Compensation

(Further Amendment) Act 1996 omit ", 27".

(2) After section 2(3) of the Accident Compensation

(Further Amendment) Act 1996 insert—

"(3A) Section 27 comes into operation on

25 December 1996."

(3) The Accident Compensation (Further

Amendment) Act 1996 is deemed to have been enacted as amended by this section.

Accident Compensation (Amendment) Act 1998

s. 35 Act No. 81/1998

35. Incorrect amendments repealed

In the Public Sector Reform (Miscellaneous
Amendments) Act 1998, the provisions of
Schedule 1 under the heading "Occupational

Health and Safety Act 1985" are repealed.

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Accident Compensation (Amendment) Act 1998

Act No. 81/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 8 October 1998

Legislative Council: 28 October 1998

The long title for the Bill for this Act was "to amend the Accident
Compensation (WorkCover Insurance) Act 1993 and the Accident

Compensation Act 1985 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 8 October 1998

Legislative Council: 28 October 1998

Absolute majorities:

Legislative Assembly: 22 October 1998

Legislative Council: 10 November 1998