Accident Compensation (Amendment) Act 2005
Act No. 28/2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purpose
2.Commencement
PART 2—ACCIDENT COMPENSATION ACT 1985
Division 1—Non-WorkCover Employers
3.Amendment of sections 141, 142 and 142C
4.Amendment of section 148
5.New sections 151A and 151B inserted
151A.Provisions to apply where subsidiary of body corporate becomes a non-WorkCover employer
151B.Non-WorkCover employer ceases to be a self-insurer
6.New Part VIA inserted
PART VIA—NON-WORKCOVER EMPLOYERS
164.Definitions
165.Authority retains or assumes liability for tail claims
166.Actuary to assess tail claims liabilities
167.Obligation of non-WorkCover employer who was insured under a WorkCover insurance policy
168.Obligation of non-WorkCover employer who was a self‑insurer or a subsidiary of a self-insurer to which this Part applies
169.Annual assessment of tail claims liabilities
170.Adjustment of payments as at the end of the third year
171.Adjustment of payments as at the end of the sixth year
172.Provision of guarantees
173.Review of final revised assessment at the end of the liability period
174.Liability of Authority under this Part
175.Legal proceedings excluded
176.Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer
Division 2—Provisions relating to the Crown
7.New section 14A inserted
14A.Act binds the Crown
8.New sections 250B and 250C inserted
250B.Responsible agency for the Crown
250C.Proceedings against successors to public bodies
Division 3—Secrecy Provisions
9.Amendment of section 5—Definitions
10.Amendment of section 155—Secrecy provisions
11.Amendment of section 243—Secrecy provisions applying to Act except Parts 6 and 7
12.Amendment of section 244—Secrecy provisions applying to Part 7
Division 4—Amendments relating to Common Seals
13.Amendment of section 18
14.Consequential amendments
15.Amendment of section 52A
16.New section 52LA inserted—Signature
52LA.Signature
Division 5—Amendments relating to Compensation for Hearing
Loss
17.Amendment of section 89—Further loss of hearing
18.Amendment of section 91—Assessment of impairment
19.Amendment of section 98C—Compensation for non‑economic loss
20.Amendment of section 270
Division 6—Amendments relating to Weekly Payments
21.Amendment of section 39—Jurisdiction—general
22.Amendment of section 111—Worker's capacity for work
23.Amendment of sections 114 and 114B—Termination or alteration of weekly payments
Division 7—Transitional Provisions
24.New Division 5 inserted into Part IX
Division 5—Accident Compensation (Amendment)
Act 2005284.Sections 89, 91 and 98C—(claims for compensation for further loss of hearing)
285.Sections 111, 114 and 114B
Division 8—Section 85 Provision
25.New section 252G inserted
252G.Supreme Court—limitation of jurisdiction
PART 3—ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993
Division 1—Rateable Remuneration
26.Amendment of section 8—Rateable remuneration
Division 2—Consequential Amendments
27.Consequential amendments
PART 4—OCCUPATIONAL HEALTH AND SAFETY ACT 2004
28.Amendment of section 5—Definitions
29.New sections 151A to 151F inserted
151A.Contributions by non-WorkCover employers to the WorkCover Authority Fund
151B.Provision of return by non-WorkCover employers
151C.Authority may require non-WorkCover employer to provide further information
151D.Authority may require information from non-WorkCover employers
151E.Authority may require non-WorkCover employer to facilitate the provision of information
151F.Application of sections 151A to 151E
PART 5—TRANSPORT ACCIDENT ACT 1986
Division 1—Amendments relating to Official Seal
30.Amendment of section 10
31.Consequential amendments
Division 2—Statute Law Revision
32.Statute law revision
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ENDNOTES
Accident Compensation (Amendment) Act 2005
[Assented to 21 June 2005]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1.