Accident Compensation and Transport Accident Acts (Amendment) 2003 (Vic)

Accident Compensation and Transport Accident

Acts (Amendment) Act 2003

ts	Act No. 95/2003
n
e
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u	TABLE OF PROVISIONS
c

o	Section	Page
D	PART 1—PRELIMINARY MATTERS	1

ry	1.	Purpose	1
ta	2.	Commencement	3

n	PART 2—GENERAL AMENDMENTS TO THE ACCIDENT
e	COMPENSATION ACT 1985 4

m	3.	Changes concerning the meaning of "injury"	4
ia	4.	Compensation not to include cost of accommodation etc.
rl	unless medically necessary	9
a	5.	Change to calculation of overtime etc. in relation to pre-injury
P	average weekly earnings	12
6.	Additional function of the Authority	14
d	7.	Rounding of assessments of impairment	14
n	8.	Compensation for non-economic loss	15
a	9.	Compensation for non-economic loss—delayed changes	19
10.	Insertion of sections 155A and 155B	20
n	155A.	Employer to re-employ worker	20
o
ti	155B.	Exemption from section 155A	23

11. Consequential amendments relating to section 10 24

la	12.	Occupational rehabilitation and risk management programs	24
is	13.	Insertion of section 238A	26

238A. Incentive agreements to improve employer

g performance 26

e	14.	Insertion of Schedule 2	27
L

n	PART 3—AMENDMENTS TO THE ACCIDENT
a	COMPENSATION ACT 1985—INTERSTATE ARRANGEMENTS 29

ri 15. New section 80 inserted 29

to	80.	Entitlement to compensation only if employment
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i

Section Page

18. New section 84B inserted 32

84B. Person not to be compensated twice 32

19. Amendment of section 85 33

ts	20.	New Division 1A inserted in Part IV	35
n	Division 1A—Determination by Courts and Recognition
e	of Determinations	35

m	91A.	Determination of State with which worker's
u	employment is connected in proceedings under this
c	Act 35
o	91B.	Determination by County Court of State with which
worker's employment is connected 35
D	91C.	Recognition of previous determinations 36
ry	91D.	Determination may be made by consent 37

21. New Division 6AB inserted in Part IV 37

ta	Division 6AB—Choice of Law	37
n
e	129MA. The applicable substantive law for work injury claims	37

129MB. Claims to which Division applies 38

m	129MC.	What constitutes injury and employment and who is
ia	employer 39
rl	129MD.	Claim in respect of death included 40
a	129ME.	Meaning of "substantive law" 40
129MF.	Availability of action in another State not relevant 41

P	22.	New Schedule 3 inserted	42
d

n	PART 4—AMENDMENTS TO THE ACCIDENT
a	COMPENSATION ACT 1985—SAVINGS AND TRANSITIONAL
PROVISIONS 45
n

o	23.	Insertion of Part IX	45
ti	PART IX—SAVINGS AND TRANSITIONAL
la	PROVISIONS—AMENDING ACTS	45
is	Division 1—Accident Compensation (Miscellaneous
g	Amendment) Act 1997	45
e	254.	Definition of amending Act	45
L	255.	Section 91 (Assessment of impairment)	45

n

Division 2—Accident Compensation (Common Law and

a

ri

Benefits) Act 2000 46

to

256.	Definition of amending Act	46
257.	Section 5A (Pre-injury average weekly earnings)	46

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ii

Section Page

Division 3—Accident Compensation and Transport

Accident Acts (Amendment) Act 2003 47

258. Definitions 47

ts	259.	Section 5(1) (Definition of "injury")	47
n	260.	Section 5(1) (Definition of "medical service")	47
e	261.	Section 5A (Pre-injury average weekly earnings)	48
262.	Section 82 (Entitlement to compensation)	48
m	263.	Section 86 (Compensation for disease due to
u	employment)	48
c	264.	Section 91 (Assessment of impairment)	48
o	265.	Section 98C (Compensation for non-economic loss)	49
D	266.	Section 99 (Compensation for medical and like
services)	49
ry	267.	Part IV (Payment of Compensation)	50
ta	268.	Sections 155A and 155B (Employer to re-employ
worker)	51
n	269.	Section 156 (Occupational rehabilitation and risk
e	management programs)	51
m

ia	PART 5—AMENDMENT TO THE ACCIDENT COMPENSATION
rl	(WORKCOVER INSURANCE) ACT 1993 52

a	24.	Amendment of Accident Compensation (WorkCover
Insurance) Act 1993 52
P

d	PART 6—AMENDMENTS TO THE TRANSPORT ACCIDENT
n	ACT 1986 54

a	25.	Compensation not to include cost of accommodation etc.
n	unless medically necessary 54
o	26.	Entitlement to compensation outside Victoria 57
ti	27.	Re-positioning of transitional provisions 58
la	28.	Insertion of section 46C 58
46C. Rounding of assessments of impairment 58
is	29.	Preservation of rights of international visitors 59
g	30.	Payment of medical and like benefits 59
e	31.	Extension of time limit for reviews of decisions on eligibility
L	for compensation 59
32.	Insertion of Part 11 60
n
a	PART 11—SAVINGS AND TRANSITIONAL
ri	PROVISIONS—AMENDING ACTS 60
to	Division 1—Transport Accident (Amendment) Act 1998 60
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Section Page

Division 2—Accident Compensation and Transport

Accident Acts (Amendment) Act 2003 61

178. Definitions 61

ts	179.	Section 3 (Definition of "medical service")	61
n	180.	Section 46C (Rounding of assessments of impairment)	61
e	181.	Section 60 (Medical and like benefits)	62
182.	Section 70 (Decision on eligibility for compensation)	63

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c	ENDNOTES	64
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o	Victoria
D
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n	No. 95 of 2003
e
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ia	Accident Compensation and Transport
rl	†
a	Accident Acts (Amendment) Act 2003
P

[Assented to 2 December 2003]

d
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ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY MATTERS
e
L	1. Purpose
n	The purpose of this Act is—
a

ri	(a)	to amend the Accident Compensation Act
to	1985—

ic	(i) to make changes concerning what
V	constitutes a compensable injury; and

Accident Compensation and Transport Accident Acts

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s. 1

(ii)  to change the way overtime is calculated in determining pre-injury

ts	average weekly earnings; and (iii) to provide increased compensation for
n
e	non-economic loss in certain
m	circumstances; and (iv) to make changes concerning the return
u
c	to work provisions; and
o
D	(v) to confer an additional function on the Victorian WorkCover Authority
ry	concerning the development and
ta	implementation of employer incentive
n	programs; and
e	(vi) to provide that compensation is only
m	payable under that Act in respect of
ia	employment connected with Victoria;
rl	and
a
P	(vii) to make provision as to the substantive law governing claims for damages in
d
n	respect of injuries to workers; and

a	(b)	to amend the Accident Compensation
n	Act 1985 and the Transport Accident
o
ti	Act 1986—

la (i) to clarify that compensation is not

payable for ordinary living expenses

is	unless they are medically necessary;
g	and
e

L (ii) to prevent rounding in assessments of a

n	person's degree of impairment; and (iii) to generally improve the operation of
a
ri	those Acts.
to
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s. 2

2. Commencement

(1) This Act (other than Parts 3 and 5 and sections 5,

ts	6, 9, 10, 11, 12 and 13) comes into operation on
n	the day after the day on which it receives the
e	Royal Assent.
m	(2) Subject to sub-section (3), sections 5, 6, 10, 11, 12
u	and 13 come into operation on a day or days to be
c	proclaimed.
o
D	(3) If a provision of this Act referred to in sub- section (2) does not come into operation before
ry	1 January 2005, it comes into operation on that
ta	day.
n	(4) Parts 3 and 5 come into operation on a day to be
e	proclaimed.
m
ia	(5) Section 9 comes into operation 5 years after the
rl	date of commencement of section 8.
a	__________________
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s. 3

PART 2—GENERAL AMENDMENTS TO THE ACCIDENT

COMPENSATION ACT 1985

ts

n 3. Changes concerning the meaning of "injury"

e	See:	(1) In section 5(1) of the Accident Compensation
Act No.
m	10191.	Act 1985, for the definition of "injury"
u	Reprint No. 12	substitute—
c	as at
o	6 March 2003. LawToday:	' "injury" means any physical or mental injury
D		and, without limiting the generality of that
dpc.vic.
ry	gov.au	definition, includes—

ta	(a) industrial deafness;
n	(b) a disease contracted by a worker in the
e	course of the worker's employment
m	(whether at, or away from, the place of
ia	employment);
rl	(c) a recurrence, aggravation, acceleration,
a	exacerbation or deterioration of any
P	pre-existing injury or disease;
d	Note: This definition only applies to injuries that
n	occur on or after the date of commencement of
a	section 3 of the Accident Compensation and
n	Transport Accident Acts (Amendment) Act
o
ti
2003—see section 259.'.

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

la	Act 1985, insert the following definitions—
is	' "heart attack injury" means an injury to the
g
e	heart, or any blood vessel supplying or
L	associated with the heart, that consists of, is caused by, results in or is associated with—
n
a	(a) any heart attack; or
ri	(b) any myocardial infarction; or
to
ic	(c) any myocardial ischaemia; or
V

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s. 3

(d) any angina, whether unstable or otherwise; or

ts	(e)	any fibrillation, whether atrial or
n	ventricular or otherwise; or

e	(f) any arrhythmia of the heart; or
m	(g) any tachycardia, whether ventricular,
u
c	supra ventricular or otherwise; or (h) any harm or damage to such a blood
o
D	vessel or to any associated plaque; or
ry	(i) any impairment, disturbance or
ta	alteration of blood, or blood circulation,
n	within such a blood vessel; or
e	(j) any occlusion of such a blood vessel,
m	whether the occlusion is total or partial;
ia	or
rl	(k) any rupture of such a blood vessel,
a
P	including any rupture of an aneurism of such a blood vessel; or
d
n	(l) any haemorrhage from such a blood
a	vessel; or
n	(m) any aortic dissection; or
o
ti	(n) any consequential physical harm or
la	damage, including harm or damage to
is	the brain;
g	(o) any consequential mental harm or
e	damage;
L

"stroke injury" means an injury to the brain, or

n

a	any of the blood vessels supplying or
ri	associated with the brain, that consists of, is
to	caused by, results in or is associated with—
ic	(a) any stroke; or
V	(b) any cerebral infarction; or

Accident Compensation and Transport Accident Acts

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s. 3

(c) any cerebral ischaemia; or

(d) any rupture of such a blood vessel,

ts	including any rupture of an aneurism of
n	such a blood vessel; or
e	(e) any subarachnoid haemorrhage; or
m	(f) any haemorrhage from such a blood
u
c	vessel; or
o	(g) any harm or damage to such a blood
D	vessel or to any associated plaque; or
ry	(h) any impairment, disturbance or
ta	alteration of blood, or blood circulation,
n	within such a blood vessel; or
e	(i) any occlusion of such a blood vessel,
m	whether the occlusion is total or partial;
ia	or
rl	(j) any consequential physical harm or
a
P	damage, including neurological harm or damage; or
d
n	(k) any consequential mental harm or
a	damage;'.
n	(3) In section 82(1) of the Accident Compensation
o
ti	Act 1985, for "employment and if the worker's
employment was a significant contributing factor"
la	substitute "employment,".
is	(4) In section 82(2) of the Accident Compensation
g
e	Act 1985—
L	(a) omit "and if the worker's employment was a
n	significant contributing factor";
a

ri	(b)	for "death of the worker" substitute "death
to	of the worker,";
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(c) at the foot of the sub-section insert—

"Note: Sub-sections (1) and (2), as amended by

ts	sections 3(3) and 3(4) of the Accident
Compensation and Transport Accident Acts
n	(Amendment) Act 2003, only apply to injuries
e	that occur on or after the date of
m	commencement of section 3 of that Act—
u	see section 262.".
c	(5) After section 82(2A) of the Accident
o	Compensation Act 1985 insert—
D

"(2B) Compensation is not payable in respect of a

ry	heart attack injury or stroke injury that arises
ta	in the course of, or that was caused by, a
n	disease, unless the worker's employment was
e	a significant contributing factor to the injury
m	or to the disease.
ia	(2C) Compensation is not payable in respect of
rl	the following injuries unless the worker's
a	employment was a significant contributing
P	factor to the injury—
d	(a) a heart attack injury or stroke injury to
n
a	which sub-section (2B) does not apply; (b) a disease contracted by a worker in the
n
o	course of the worker's employment
ti	(whether at, or away from, the place of
la	employment);
is	(c) a recurrence, aggravation, acceleration,
g	exacerbation or deterioration of any
e	pre-existing injury or disease.
L

Note: Sections 82(2B) and 82(2C) only apply to injuries

n	that occur on or after the date of commencement of
a
ri	section 3 of the Accident Compensation and
Transport Accident Acts (Amendment) Act
to	2003—see section 262.".
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s. 3

(6) In section 82(6) of the Accident Compensation

Act 1985—

ts	(a)	for "Where" substitute "Subject to sub-
n	sections (2B) and (2C), if";

e	(b) omit "and if employment of that nature was
m	a significant contributing factor".
u
c	(7) In section 86 of the Accident Compensation Act
o	1985—
D	(a) for "If" substitute "Subject to section
ry	82(2B), if";

ta	(b)	omit "and if employment of that nature was
n	a significant contributing factor";

e	(c) at the end of the section insert—
m
ia	"(2) Despite sub-section (1), compensation
rl	is not payable in respect of a disease to
a	the extent that the disease consists of, is
P	caused by, results in or is associated with a heart attack injury or a stroke
d	injury unless the worker's employment
n
a	was a significant contributing factor to the disease or to the injury.
n

o	Note:	This section in its current form only applies to
ti	injuries that occur on or after the date of
la	commencement of section 3 of the Accident
Compensation and Transport Accident Acts
is	(Amendment) Act 2003—see section 263.".

g	(8) In section 134AB(2) of the Accident
e	Compensation Act 1985 omit "employment of
L	that nature was a significant contributing factor,
n	and".
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4.  Compensation not to include cost of accommodation etc. unless medically necessary

ts	(1) In section 5(1) of the Accident Compensation
n	Act 1985, in the definition of "medical service",
e	after paragraph (e) insert—
m	"and
u
c	(f) the provision, at the request of a medical
o	practitioner, hospital or provider of a hospital
D	service, of special food or a special food
ry	formula; and
ta	(g) the provision, at the request of a medical

practitioner, of room temperature control

n	equipment for a person who is unable to
e	adequately regulate his or her own body
m	temperature; and
ia

rl	(h)	the provision, at the request of a medical
a	practitioner, of equipment intended to treat
P	or stabilize any injury;
d	Examples
n	Examples of equipment referred to in paragraph (h)
a	include life support equipment, ventilators and special
n	lighting.
o

ti (i) the provision of anything needed to operate,

run, maintain or repair any equipment

la	referred to in paragraph (g) or (h);
is	Examples
g
e	Examples of things referred to in paragraph (i) include
L	electricity, water, lubricating oil and replacement
filters and batteries.
n
a	Note: Paragraphs (f) to (i) only apply to services provided
ri	on or after the date of commencement of section 4 of the Accident Compensation and Transport
to	Accident Acts (Amendment) Act 2003—see
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(2) After section 99(14) of the Accident

Compensation Act 1985 insert—

ts	'(15) Nothing in this section renders the Authority,
n	a self-insurer or the employer liable to pay as
e	compensation the cost of the provision to, or
m	for, a worker of any of the following things
u	unless the provision of a particular thing to
c	the worker is a medical service, or a hospital
o	service, provided as a result of the injury—
D	(a) accommodation (including
ry	accommodation-related costs such as
ta	rent, bonds, rates, accommodation costs
levied in accordance with
n
e	Commonwealth legislation, capital contributions and costs associated with
m
ia	the buying or selling of property, but
rl	not including modifications to a home
approved by the Authority under this
a	Act);
P

(b) food or household or personal items;

d

n	(c) power, water or any other service
a	provided by a utility;
n	(d) room temperature controls;
o
ti	(e) any other thing specified by the
la	regulations for the purposes of this sub-
is	section.
g	(16) Sub-section (15) does not apply in the case
e	of a person who is under 18 years of age and
L	who, as a result of his or her injury, is unable
n	to reside at the place that he or she resided at
a
ri	before he or she was injured.
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s. 4

(17) Sub-section (15) also does not apply to a

person—

ts	(a)	who receives a hospital service as a
n	result of an injury; and

e	(b) who is then discharged from hospital;
m	and
u
c	(c) who then resides in a nursing home,
o	aged person's hostel, group home or
D	facility approved by the Authority, supported residential service,
ry	residential care service or state-funded
ta	residential care service—
n	during the first 18 months after the person is
e	first discharged from hospital.
m
ia
rl	(18) For the purposes of sub-section (17)— (a) a person can only be "first" discharged
a	once from hospital in relation to a
P	particular injury; and
d	(b) it does not matter if, during the relevant
n
a	period, the person changes accommodation, or does not live
n	continuously in accommodation of the
o
ti	sort listed in sub-section (17)(c)
la	(although in this latter case sub-
section (17) only applies to the person
is	while he or she is living in
g	accommodation of that sort); and
e

L	(c)	the 18 month period referred to in sub-
n	section (17) is to be extended by the
a	addition of any period during which a
ri	person is in a hospital receiving a
to	hospital service after he or she is first
ic	discharged from hospital.
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Compensation and Transport Accident Acts (Amendment) Act 2003—see section 266(1). Also, those sub-sections do not apply to workers who

ts	had been injured before that date until the expiry of 18 months after that date—see section 266(2).'.
n

e	5.	Change to calculation of overtime etc. in relation to
m	pre-injury average weekly earnings
u	(1) For sections 5A(1A) to 5A(1C) of the Accident
c

o	Compensation Act 1985 substitute—
D	"(1A) For the purposes of sub-section (1), in
ry	calculating a worker's weekly payments for
the first 26 weeks under sections 93CA and
ta	93CB, if—
n
e	(a) the worker, during the relevant period under sub-section (1), worked paid
m	overtime; and
ia

rl	(b)	it is likely that the worker would have
a	worked paid overtime at any time
P	during that first 26 week period if not
d	for the incapacity resulting from, or
n	materially contributed to, by the
a	relevant injury—

n	an additional amount calculated under sub-
o
ti	section (1C) is to be included in the worker's
pre-injury average weekly earnings.
la	(1B) For the purposes of sub-section (1), in
is	calculating a worker's weekly payments for
g
e	the first 26 weeks under sections 93CA and
L	93CB, if—
n	(a) the worker, during the relevant period
a	under sub-section (1), carried out shift
ri	work that attracted a shift allowance;
to	and
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(b) it is likely that the worker would have carried out shift work attracting a shift allowance at any time during that first

ts	26 week period if not for the incapacity
n	resulting from, or materially
e	contributed to, by the relevant injury—
m
u	an additional amount calculated under sub-
c	section (1C) is to be included in the worker's
o	pre-injury average weekly earnings.
D	Note: Sub-sections (1A) and (1B) only apply with respect
ry	to a claim for weekly payments given, served or lodged on or after the date of commencement of
ta	section 5 of the Accident Compensation and
n	Transport Accident Acts (Amendment) Act
e	2003—see section 261.
m	(1C) For the purposes of sub-sections (1A) and
ia	(1B), the additional amount to be included is
rl	the amount derived from the following
a	formula—
P	A
d	B
n
a	where—
n	A is the total of the amounts paid or
o
ti	payable to the worker for overtime or
as a shift allowance (as the case may
la	be) during the relevant period under
is	sub-section (1);
g	B is the number of weeks in the relevant
e
L	period under sub-section (1) during which the worker worked or was on
n	annual, sick or other paid leave.
a
ri	(1D) For the purposes of sub-sections (1B) and
to	(1C), a reference to a shift allowance
ic	includes a reference to an allowance that was
V	paid, or that is payable, for weekend work.".

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(2) In section 5A(4) of the Accident Compensation Act 1985, for "sub-section (1A)" substitute

ts	"sub-sections (1A) and (1B)".
n	6. Additional function of the Authority
e	After section 20(1)(t) of the Accident
m	Compensation Act 1985 insert—
u
c	"(ta) develop and implement programs to provide
o	incentives for employers—
D	(i) to implement measures designed to
ry	prevent injuries and diseases at
ta	workplaces; and
n	(ii) to improve occupational health and
e	safety and return to work results;".
m	7. Rounding of assessments of impairment
ia
rl	For sections 91(9) and 91(10) of the Accident
a	Compensation Act 1985 substitute—
P	"(9) Despite anything to the contrary in the
d	A.M.A. Guides, in determining a person's
n	degree of impairment, no number determined
a	under the A.M.A. Guides is to be rounded up
n	or down, regardless of whether the number
o	represents an initial, an intermediate, a
ti	combined or a final value, unless the
la	rounding is expressly required or permitted
is	by this Act.
g	(10) A number determined under the A.M.A.
e	Guides must be rounded to the nearest whole
L	percent.
n
a	Example
ri	A final degree of impairment of 9⋅5% must be
to	rounded to 10%. A final degree of impairment of
ic
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s. 8

sections 91(9) and 91(10) (which were
transitional provisions in relation to

amendments made by the Accident

ts	Compensation (Miscellaneous Amendment) Act 1997).
n
e	(11) This sub-section applies if—
m	(a) an assessment is made for the purposes
u
c	of section 98C of a worker's degree of
o	impairment; and

D	(b)	the injury in respect of which the
ry	assessment is made occurred before the
commencement of section 8 of the
ta	Accident Compensation and
n	Transport Accident Acts
e	(Amendment) Act 2003; and

m	(c) the degree of impairment is determined
ia
rl	to be 8% or 9%.
a	(12) If sub-section (11) applies, the degree of
P	impairment may be rounded in accordance
d	with the A.M.A. Guides.".
n	8. Compensation for non-economic loss
a

(1) For sections 98C(2) and 98C(3) of the Accident

n	Compensation Act 1985 substitute—
o
ti	"(2) The amount of the non-economic loss in
la	respect of permanent impairment (other than
is	psychiatric impairment) is to be calculated as
g	at the date of the relevant injury as follows—
e	(a) if the worker's impairment benefit
L	rating is less than 10%—the amount of
n	the non-economic loss is zero;
a
ri	(b) if the worker's impairment benefit
to	rating is a modified whole person
ic	impairment (within the meaning of
sub-section (2A)) and is 10% or more
V	and less than 11%—the amount of the

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non-economic loss is to be determined

in accordance with the formula—

ts	$8990 + [(D − 10) × $7650];
n	Note: Paragraph (b) does not apply with
e	respect to injuries that occur before the date of commencement of section 8 of
m	the Accident Compensation and
u	Transport Accident Acts
c	(Amendment) Act 2003—see
o	section 265.
D

(c) if the worker's impairment benefit

ry	rating is not less than 10% and not
ta	more than 30% and paragraph (b) does
n	not apply to the worker—the amount of
e	the non-economic loss is to be
m	determined in accordance with the
ia	formula—
rl	$14 490 + [(D − 10) × $2170];
a	Note: Paragraph (c) does not apply with
P	respect to injuries that occur before the
d	date of commencement of section 8 of
n	the Accident Compensation and
a	Transport Accident Acts (Amendment) Act 2003—see
n	section 265.
o
ti	(d) if the worker's impairment benefit
la	rating is more than 30% and not more
is	than 70%—the amount of the non-
g	economic loss is to be determined in
e	accordance with the formula—
L	$57 960 + [(D − 30) × $3620];
n
a	(e) if the worker's impairment benefit
ri	rating is more than 70% and not more
to	than 80%—the amount of the non-
economic loss is to be determined in
ic	accordance with the formula—
V
$202 930 + [(D − 70) × $14 500];

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(f) if the worker's impairment benefit rating is more than 80%—the amount

ts	of the non-economic loss is $347 890—
n	where D is the worker's impairment benefit
e	rating expressed as a number. (2A) For the purposes of sub-section (2), a
m
u	worker's impairment benefit rating is—
c
o	(a) if the worker's degree of impairment
D	consists of, or includes, a whole person impairment assessed in accordance with
ry	Chapter 3 of the A.M.A. Guides and
ta	that whole person impairment is not
n	less than 5% and not more than 29%,
e	whichever of the following provides the
m	worker with the higher amount for non-
ia	economic loss under sub-section (2)—
rl	(i) the modified whole person
a	impairment set out in column 2 of
P	Schedule 2 opposite the relevant
d	whole person impairment as
n	assessed in accordance with
a	Chapter 3; or
n	(ii) the worker's degree of
o
ti	impairment; or
la	(b) in any other case, the worker's degree
is	of impairment.
g	(3) The amount of the non-economic loss in
e	respect of permanent psychiatric impairment
L	is to be calculated as at the date of the
n	relevant injury as follows—
a
ri	(a) if the worker's degree of impairment is
to	less than 30%—the amount of the non-
ic	economic loss is zero;
V

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(b) if the worker's degree of impairment is not less than 30% and not more than 50%—the amount of the non-economic

ts	loss is to be determined in accordance
n	with the formula—
e
m	$11 590 + [(D − 30) × $3770];
u	(c) if the worker's degree of impairment is
c	more than 50% and not more than
o	70%—the amount of the non-economic
D	loss is to be determined in accordance
ry	with the formula—
ta	$87 000 + [(D − 50) × $5800];
n	(d) if the worker's degree of impairment is more than 70% and not more than
e
m
ia	80%—the amount of the non-economic
rl	loss is to be determined in accordance
with the formula—
a
P	$202 930 + [(D − 70) × $14 500]; (e) if the worker's degree of impairment is
d
n	more than 80%—the amount of the
a	non-economic loss is $347 890—
n
o	where D is the worker's degree of
ti	impairment expressed as a number.".
la	(2) In section 98C of the Accident Compensation
is	Act 1985—
g	(a) in sub-section (4), for "$46 300" substitute
e
L	"$52 110";
n	(b) in sub-sections (7) and (8), for "$309 100"
a
ri	substitute "$347 890".

(3) In section 91(7) of the Accident Compensation

to	Act 1985—
ic	(a) in paragraph (c), for "assessment."
V	substitute "assessment;";

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(b) after paragraph (c) insert—

"(d) assessments are to specify the whole

ts	person values for each chapter of the
n	A.M.A. Guides used in the assessment.
e	Note: Paragraph (d) only applies in respect of
m	assessments for injuries that occur on or after
u	the date of commencement of section 8 of the
c	Accident Compensation and Transport
o	Accident Acts (Amendment) Act 2003—see section 264(2).".
D

9. Compensation for non-economic loss—delayed

ry	changes
ta	(1) Sections 91(11) and 91(12) of the Accident
n
e	Compensation Act 1985 are repealed.

(2) In section 98C(2) of the Accident Compensation

m

Act 1985—

ia
rl

(a) for "impairment benefit rating" (wherever

a	occurring) substitute "degree of
P	impairment";
d	(b) paragraph (b) and the note at the foot of
n
a	paragraph (b) are repealed;
n	(c) for the formula at the foot of paragraph (c)
o
ti

substitute—

la	'IA1 + [(D – 10) × IA2]
is	where—
g	IA1 is the amount of $11 590 as at the date
e	of commencement of section 8 of the
L	Accident Compensation and
n	Transport Accident Acts
a
ri	(Amendment) Act 2003 as varied in
accordance with section 100(2A) as if it
to	were "D" in the formula in
ic	section 100(2A);
V

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IA2 is the amount of $2320 as at the date of

commencement of section 8 of the
Accident Compensation and

ts	Transport Accident Acts
n	(Amendment) Act 2003 as varied in
e	accordance with section 100(2A) as if it
m	were "D" in the formula in
u	section 100(2A);'.
c
o	(3) Section 98C(2A) of the Accident Compensation
D	Act 1985 is repealed.
ry	Note: This section is effectively a sunset provision that reverses the substantive changes made by section 8
ta	(and one incidental change made by section 7).
n	Section 2(4) provides for it to come into operation 5
e	years after the date of commencement of section 8.
m	10. Insertion of sections 155A and 155B
ia
rl	After the heading to Part VI of the Accident
Compensation Act 1985 insert—
a
P	"155A. Employer to re-employ worker
d	(1) This section applies if—
n
a	(a) a worker receives an injury arising out of, or in the course of, employment
n	with an employer; and
o
ti	(b) the worker makes a claim for weekly
la	payments in respect of the injury and
is	either—
g	(i) the claim is accepted; or
e
L	(ii) a Conciliation Officer gives a
n	direction that weekly payments
a	are to be paid in relation to the
ri	claim; or
to	(iii) a Conciliation Officer makes a
ic	recommendation that weekly
V	payments be paid in relation to the claim and the recommendation is

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accepted by the employer or the Authority or the self-insurer (as

ts	the case may be); or (iv) the claim is determined by a court
n
e	in favour of the worker.
m	(2) If, within the period specified in sub-
u	section (3), the worker no longer has an
c	incapacity for work or has a current work
o	capacity, the employer must provide the
D	worker—
ry	(a) if the worker no longer has an
ta	incapacity for work, with employment
n	in a position which is the same as, or
e	equivalent to, the position which the
m	worker held before the injury; or (b) if the worker has a current work
ia
rl	capacity, with suitable employment.
a
P	(3) The period—
d	(a) starts on the day this section first
n	applies in respect of the worker; and
a

(b) includes any period or periods after that

n	time during which the worker has an
o
ti	incapacity for work; and
la	(c) does not include—
is	(i) any period or periods after that
g	time during which the worker
e	does not have an incapacity for
L	work; nor
n
a	(ii) any of the following periods (if
ri	applicable)—
to	(A) the period between when the
ic	Authority rejects a claim
V	after it has been accepted by the employer and when

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weekly payments are

resumed;

ts	(B) the period between when a
n	direction of a Conciliation
e	Officer that weekly
m	payments are to be made is
u	revoked and when weekly
c	payments are resumed; and
o	(d) ends as soon as the total of the period
D	or periods described in paragraph (b)
ry	less any period described in
ta	paragraph (c)(ii) is equal to—
n	(i) 12 months; or
e	(ii) if the employer provided the
m	worker with employment of the
ia	nature described in sub-section
rl	(2)(a) or (2)(b) (as the case may
a	be) before the employer was
P	required to do so by this section,
d	12 months less the period of that
n	employment (or less the total of
a	the periods of that employment, if
n	there are more than one).
o
ti	(4) This section does not apply to an employer
la	of a worker in respect of a worker who is a
pupil at a school within the meaning of
is	Part IVA of the Education Act 1958 and
g
e	who is employed under a work experience
L	arrangement under that Part.

Note: This section only applies with respect to injuries that

n

a	occur after the date of commencement of section 10
ri	of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see
to	section 268(1).
ic
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155B. Exemption from section 155A

(1) An employer need not comply with

ts	section 155A if doing so would cause
n	unjustifiable hardship to the employer.
e	(2) Relevant factors in determining whether
m	compliance with section 155A would cause
u	unjustifiable hardship to an employer
c	include—
o
D	(a) the nature of the benefit likely to accrue, or the detriment likely to be
ry	suffered, by any relevant person;
ta	(b) the effect on the worker of his or her
n
e	incapacity for work;

(c) the financial circumstances of the

m

ia	employer and the estimated cost to the
rl	employer of compliance;
a	(d) the extent of previous efforts by the
P	employer to rehabilitate the worker;
d	(e) the sustainability of the relevant work
n
a	in the medium to longer term with regard to the worker's injury;
n
o
ti

(f) the length of service of the worker;

(g) the employer's documented return to

la	work policy;
is	(h) the potential for retraining the worker;
g
e	(i) the number of workers to which the
L	employer has already extended suitable
n	employment;
a

ri	(j)	the extent to which the injury that
to	caused or materially contributed to the
worker's incapacity is related to the
ic	worker's employment with the
V	employer;

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(k) the potential of the worker to obtain suitable employment elsewhere in the labour market if he or she is not

ts	provided with suitable employment by
n	the employer.".
e

11. Consequential amendments relating to section 10

m

u	In the Accident Compensation Act 1985—
c
o	(a) section 122 is repealed;
D	(b) in sections 160(1)(a)(iii) and 242(1), for
ry	"section 122" substitute "section 155A".

ta	12.	Occupational rehabilitation and risk management
n	programs
e	(1) In section 156(1) of the Accident Compensation

m	Act 1985, for "Subject to section 157, an"
ia	substitute "An".
rl	(2) In section 156(2) of the Accident Compensation
a
P	Act 1985, for the phrase starting "Subject to" and ending "calendar days must—" substitute "The
d	employer of a worker who has an incapacity for
n
a	work that was caused by, or that was materially contributed to by, an injury must—".
n
o	(3) In sections 156(2)(a) and 156(2)(b) of the
ti	Accident Compensation Act 1985, for "twentieth
la	day of no current work capacity" substitute
is	"relevant day".
g	(4) After section 156(2) of the Accident
e	Compensation Act 1985 insert—
L
'(3) The relevant day is whichever of the
n
a
ri

following 2 days occurs later—

(a) the day on which the earliest of these

to	events occurs—
ic	(i) a claim by the worker for weekly
V	payments in respect of the injury is accepted; or

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(ii) (iii) a Conciliation Officer makes a a Conciliation Officer gives a are to be paid in relation to such a

ts	claim; or
n
e
m	recommendation that weekly
u	payments be paid in relation to
c	such a claim and the
o	recommendation is accepted by
D	the employer or the Authority or
ry	the self-insurer (as the case may be); or
ta	(iv) such a claim is determined by a
n
e	court in favour of the worker; or
m	(b) the day on which the employer
ia	becomes aware, or ought reasonably to
rl	have become aware, that the worker's
a	period or periods of incapacity caused,
P	or materially contributed to, by the
d	injury is likely to exceed 20 days.
n	Note: The concept of "relevant day" only applies
a	with respect to injuries that occur on or after the date of commencement of section 12 of the
n	Accident Compensation and Transport
o
ti	Accident Acts (Amendment) Act 2003— see section 269. For injuries occurring before
la	that date, sub-section (2) applies as if a
is	reference to the relevant day was a reference to the twentieth day of no current work capacity.'.
g
e
L
n
a
ri
to
ic
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13. Insertion of section 238A

After section 238 of the Accident Compensation

ts	Act 1985 insert—
n	"238A. Incentive agreements to improve
e	employer performance
m	(1) Without limiting the powers conferred on the
u
c	Authority, for the purpose of carrying out its
o	functions under section 20(1)(ta), the
D	Authority may—

ry	(a)	enter into agreements with any person
ta	or body and may agree to pay money
under the agreement to any person or
n
e	body;

(b) require anyone seeking to enter into

m

ia	such an agreement to meet specified
rl	criteria or to successfully complete an
a	approval or application process;

P	(c)	impose fees in relation to an approval
d	or application process;

n	(d) in agreeing to the payment of money under an agreement, base the amount to
a
n	be paid on factors relevant to the
o
ti	calculation of premium under the
la	Accident Compensation (WorkCover
Insurance) Act 1993.
is	Example:
g
e	The Authority may agree to pay a representative of a
L	group of employers an annual amount that represents the difference between the amount the group paid
n	collectively in premiums in the previous year and the
a
ri	amount of premium that it is likely would have been paid in that year had the group of employers been a
to	single employer. Under this scheme each employer
ic
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(2) Nothing in this section authorises the

Authority to agree to waive or reduce the amount of premium an employer is liable to

ts	pay under the Accident Compensation
n	(WorkCover Insurance) Act 1993, but the
e	Authority may make payments in the nature
m	of a refund of premium.".
u
c	14. Insertion of Schedule 2
o	After Schedule 1 to the Accident Compensation
D	Act 1985 insert—
ry
ta	"SCHEDULE 2
n	MODIFICATION TO DEGREES OF
e	IMPAIRMENT FOR THE PURPOSES OF
m	SECTION 98C
ia

rl Column 1 Column 2

a	Whole person impairment
P	as assessed in accordance

with Chapter 3 of the Modified whole person

d	A.M.A. Guides	impairment
n
a	5	10.00
n	6	10.20
o
ti	7	10.40
la	8	10.60
is	9	10.80
g	10	11.00
e	11	11.95
L
12	12.90
n
a
ri
13	13.85
14	14.80
to	15	15.75
ic
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Column 1 Column 2

Whole person impairment

ts as assessed in accordance

with Chapter 3 of the Modified whole person

n	A.M.A. Guides	impairment
e

18   18.60

m

u	19	19.55
c	20	20.50
o
21	21.45
D
22	22.40
ry	23	23.35
ta	24	24.30
n
e	25	25.25
m	26	26.20
ia	27	27.15
rl	28	28.10
a
P	29	29.05

d	".
n	__________________
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
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Arrangements

PART 3—AMENDMENTS TO THE ACCIDENT

COMPENSATION ACT 1985—INTERSTATE

ts	ARRANGEMENTS
n
e	15. New section 80 inserted
m	In Division 1 of Part IV of the Accident
u	Compensation Act 1985, before section 81
c
o	insert—
D	'80. Entitlement to compensation only if
ry	employment connected with Victoria
ta	(1) There is no entitlement to compensation

under this Act other than in respect of

n

e	employment that is connected with this State. (2) The fact that a worker is outside this State
m
ia	when the injury happens does not prevent an
rl	entitlement to compensation arising under
a	this Act in respect of employment that is
P	connected with this State.
d	(3) A worker's employment is connected with— (a) the State in which the worker usually
n
a

works in that employment; or

n

o	(b) if no State or no one State is identified
ti	by paragraph (a), the State in which the
la	worker is usually based for the
is	purposes of that employment; or
g	(c) if no State or no one State is identified
e	by paragraph (a) or (b), the State in
L	which the employer's principal place of
n	business in Australia is located.
a
ri	(4) In the case of a worker working on a ship, if no State or no one State is identified by sub- section (3), a worker's employment is, while
to
ic	working on a ship, connected with the State
V	in which the ship is registered or (if the ship is registered in more than one State) the State

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Arrangements

in which the ship most recently became

registered.

ts	(5) If no State is identified by sub-section (3) or
n	(if applicable) (4), a worker's employment is
e	connected with this State if—
m	(a) a worker is in this State when the injury
u	happens; and
c
o	(b) there is no place outside Australia
D	under the legislation of which the worker may be entitled to
ry	compensation for the same matter.
ta	(6) In deciding whether a worker usually works
n	in a State, regard must be had to the worker's
e	work history with the employer over the
m	preceding 12 months and the intentions of
ia	the worker and employer. However, regard
rl	must not be had to any temporary
a	arrangement under which the worker works
P	in a State for a period of not longer than
d	6 months.
n
a	(7) Subject to sub-section (6), in determining whether a worker usually works in a State or
n
o	is usually based in a State for the purposes of
ti	employment, regard must be had to any
la	period during which a worker works in a
State or is in a State for the purposes of
is	employment whether or not under the
g
e	statutory workers compensation scheme of
L	that State the person is regarded as a worker or as working or employed in that State.
n
a	(8) Compensation under this Act does not apply
ri	in respect of the employment of a worker on
to	a ship if the Seafarers Rehabilitation and
ic	Compensation Act 1992 of the
Commonwealth applies to the worker's
V	employment.

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Arrangements

(9) In this section—

"ship" means any kind of vessel used in

ts	navigation by water, however propelled
n	or moved, and includes—
e	(a) a barge, lighter, or other floating
m	vessel; and
u
c	(b) an air-cushion vehicle, or other
o	similar craft—
D	used wholly or primarily in navigation
ry	by water;
ta	"State" includes Territory and, in a
n	geographical sense, a State's or
e	Territory's relevant adjacent area as
m	described in Schedule 3.'.
ia	16. Application to sailors
rl	(1) In section 81(1) of the Accident Compensation
a
P	Act 1985—
d	(a) in the definition of "sailor", for "employed or
n	engaged" substitute "working";
a	(b) for the definition of "ship" substitute—
n
o	' "ship" has the same meaning as in
ti	section 80.';
la	(c) the definition of "Victorian ship" is
is	repealed.
g	(2) In section 81(2) of the Accident Compensation
e
L	Act 1985, for the expression commencing "in respect of an injury" and ending "following
n
a	modifications" substitute "with the following
ri	modifications in respect of an injury that happens
to	on a ship to a sailor working on the ship where the sailor's employment is connected with Victoria".
ic
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Arrangements

17. Compensation for workers injured outside Australia

(1) In section 84(1), (2) and (4) of the Accident

ts	Compensation Act 1985, for "outside Victoria"
n	substitute "outside Australia".
e	(2) In section 84(3)(b) of the Accident
m	Compensation Act 1985, after "outside Victoria"
u	insert "(whether within or outside Australia)".
c
o	18. New section 84B inserted
D	Before section 85 of the Accident Compensation
ry	Act 1985 insert—
ta	"84B. Person not to be compensated twice
n	(1) Compensation under this Act is not payable
e	in respect of an injury to the extent that
m	compensation has been received in respect of
ia	the same injury under the laws of a place
rl	other than this State (whether within or
a	outside Australia).
P

(2) If a person receives compensation under this

d	Act in respect of an injury and, in respect of
n
a	the same injury, subsequently receives compensation under the laws of a place other
n	than this State (whether within or outside
o
ti	Australia), the person from whom
la	compensation under this Act is received
may, in a court of competent jurisdiction, sue
is	and recover from the person the amount
g	described in sub-section (3).
e
L	(3) The amount that is recoverable under sub-
n	section (2) is—
a
ri	(a) the amount of compensation paid under

this Act; or

to
ic
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Arrangements

(b) the amount of compensation received under the laws of the place other than

ts	this State—
n	whichever is less.".
e	19. Amendment of section 85
m	(1) Insert the following heading to section 85 of the
u
c	Accident Compensation Act 1985—
o	"Entitlement to damages outside Victoria".
D

(2) In section 85(1) of the Accident Compensation

ry	Act 1985—
ta	(a) omit "a right to claim compensation or";
n
e	(b) after "Victoria" insert "(whether within or
m	outside Australia)".
ia	(3) In section 85(2) of the Accident Compensation
rl	Act 1985—
a	(a) in paragraph (a) omit "compensation or";
P
(b) in paragraph (b) omit "an award of
d
n	compensation or";
a	(c) after "Victoria" (where first occurring) insert
n	"(whether within or outside Australia)";
o
ti	(d) omit "right to claim compensation or".
la	(4) In section 85(3) of the Accident Compensation
is	Act 1985—
g	(a) omit "a right to claim compensation or";
e
L	(b) after "Victoria" (where first occurring) insert
n	"(whether within or outside Australia)"; (c) in paragraph (a) omit "compensation or";
a
ri
to
ic
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Arrangements

(d) for paragraph (b) substitute—

"(b) judgment for damages has been given

ts	or entered;";
n	(e) in paragraph (e) omit "claim for
e	compensation or".
m	(5) In section 85(4) of the Accident Compensation
u
c	Act 1985—
o	(a) in paragraph (a) omit "compensation or";
D
(b) in paragraph (b) omit "an award of
ry	compensation or";
ta	(c) after "Victoria" insert "(whether within or
n	outside Australia)".
e

(6) In section 85(5) of the Accident Compensation

m

ia	Act 1985, after "Victoria" insert "(whether within
rl	or outside Australia)".
a	(7) In section 85(6) of the Accident Compensation
P	Act 1985—
d	(a) omit "compensation or" (wherever
n	occurring);
a

(b) after "Victoria" insert "(whether within or

n

outside Australia)".

o
ti

(8) In section 85(8) of the Accident Compensation

la	Act 1985—
is	(a) after "Victoria" insert "(whether within or
g
e	outside Australia)".

L	(b)	omit "compensation or" (where first and
n	secondly occurring).
a
ri
to
ic
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20. New Division 1A inserted in Part IV

After Division 1 of Part IV of the Accident

ts	Compensation Act 1985 insert—
n
e	'Division 1A—Determination by Courts and

Recognition of Determinations

m

u	91A. Determination of State with which
c
o	worker's employment is connected in
D	proceedings under this Act
ry	(1) If the question of whether this State is connected with a worker's employment
ta	arises in proceedings in a court in relation to
n	a claim for compensation under this Act, that
e	court must—
m
ia	(a) determine the State with which the
rl	worker's employment is connected in
a	accordance with section 80; and

P	(b)	cause that determination to be entered
d	in the records of the court.

n	(2) Sub-section (1) does not apply if there is a
a	determination that is to be recognised under
n	section 91C.
o
ti	91B. Determination by County Court of State
la	with which worker's employment is
is	connected
g	(1) If a claim for compensation has been made
e	under this Act, a party to the claim may
L	apply to the County Court for a
n	determination of the question of which State
a
ri	is the State with which the worker's
employment is connected.
to
ic
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(2) The County Court must determine an

application under sub-section (1) in
accordance with section 80 and cause that

ts	determination to be entered in the records of
n	the court.
e

(3) An application under sub-section (1) is not to

m

u	be made or heard if there is a determination
c	that is to be recognised under section 91C.
o	91C. Recognition of previous determinations
D

(1) If a determination of the State with which a

ry	worker's employment is connected has been
ta	made—
n	(a) by a court of this State under section
e	91A or 91B; or
m
ia	(b) by a designated court under a provision
rl	of a law that corresponds with section
a	91A or 91B; or

P	(c)	by a court of this State or another State
d	in the course of proceedings on a claim
n	for damages—
a

the State so determined is to be recognised

n	for the purposes of this Act as the State with
o
ti	which the worker's employment is
la	connected.
is	(2) This section does not prevent any appeal
g	relating to any such determination of a court.
e	If the determination is altered on appeal, the
L	altered determination is to be recognised
n	under sub-section (1).
a
ri	(3) In this section—
to	"corresponding law" means the provisions

of the statutory workers compensation

ic	scheme of another State that
V	corresponds with section 80;

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"designated court" means—

(a) the Supreme Court of a State in

ts	which a corresponding law is in
n	force; or (b) a court, tribunal or other decision-
e
m	making body of a State in which a
u	corresponding law is in force that
c	is declared by the regulations to be
o	a designated court for the
D	purposes of this section;
ry	"State" includes Territory.
ta	91D. Determination may be made by consent
n
e	In this Division a reference to a
m	determination made by a court or a
ia	designated court in a proceeding includes a
rl	reference to a determination made by the
a	court with the consent of the parties to the
P	proceeding.'.
d	21. New Division 6AB inserted in Part IV
n
a	After Division 6A of Part IV of the Accident Compensation Act 1985 insert—
n
o
ti	'Division 6AB—Choice of Law
la	129MA. The applicable substantive law for work
is	injury claims
g	(1) If there is an entitlement to compensation
e
L	under the statutory workers compensation scheme of a State in respect of an injury to a
n
a	worker (whether or not compensation has
ri	been paid), the substantive law of that State
to	is the substantive law that governs—
ic	(a) whether or not a claim for damages in
V	respect of the injury can be made; and

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(b) if it can be made, the determination of the claim.

ts	(2) This Division does not apply if
n	compensation is payable in respect of the
e	injury under the statutory workers
m	compensation scheme of more than one
u	State.
c	(3) For the purposes of this section,
o	compensation is considered to be payable
D	under a statutory workers compensation
ry	scheme of a State in respect of an injury if
ta	compensation in respect of it—
n	(a) would have been payable but for a
e	provision of the scheme that excludes
m	the worker's right to compensation
ia	because the injury is attributable to any
rl	conduct or failure of the worker that is
a	specified in that provision; or
P	(b) would have been payable if a claim for
d	that compensation had been duly made,
n	and (where applicable) an election to
a	claim that compensation (instead of
n	damages) had been duly made.
o
ti	(4) A reference in this section to compensation
la	payable in respect of an injury does not
include a reference to compensation payable
is	on the basis of the provisional acceptance of
g
e	liability.
L	(5) In this Division—
n	"State" includes Territory.
a
ri	129MB. Claims to which Division applies
to	(1) This Division applies only to a claim for
ic	damages or recovery of contribution brought
V	against a worker's employer in respect of an injury that was caused by—

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(a) the negligence or other tort (including breach of statutory duty) of the worker's

ts	employer; or
n	(b) a breach of contract by the worker's
e	employer.
m	(2) This Division also applies to a claim for
u	damages or recovery of contribution brought
c	against a person other than a worker's
o	employer in respect of an injury if—
D

(a) the worker's employment is connected

ry	with Victoria; and
ta	(b) the negligence or other tort or the
n	breach of contract on which the claim is
e	founded occurred in Victoria.
m
ia	(3) Sub-sections (1)(a) and (2) apply even if
rl	damages resulting from the negligence or
a	other tort are claimed in an action for breach
P	of contract or other action.
d	(4) A reference in this Division to a worker's
n	employer includes a reference to—
a

(a) a person who is vicariously liable for

n	the acts of the employer; and
o
ti	(b) a person for whose acts the employer is
la	vicariously liable.
is	129MC. What constitutes injury and employment
g	and who is employer
e
L	For the purposes of this Division—
n	(a) "injury" and "employer" include
a
ri	anything that is within the scope of a
corresponding term in the statutory
to	workers compensation scheme of
ic	another State; and
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(b) the determination of what constitutes employment or whether or not a person is the worker's employer is to be made

ts	on the basis that those concepts include
n	anything that is within the scope of a
e	corresponding concept in the statutory
m	workers compensation scheme of
u	another State.
c
o	129MD. Claim in respect of death included
D	For the purposes of this Division, a claim for
ry	damages in respect of death resulting from
ta	an injury is to be considered as a claim for damages in respect of the injury.
n
e	129ME. Meaning of "substantive law"
m	In this Division—
ia
rl	"a State's legislation about damages for a
a	work related injury" means—

P	(a)	for this State—this Part and the
d	Accident Compensation
n	(WorkCover Insurance) Act
a	1993 and any other provision of
n	this Act providing for the
o	interpretation of anything in this
ti	Part; and

la	(b) for any other State—any
is	provisions of a law of the State
g	that is declared by the regulations
e	to be the State's legislation about
L	damages for a work related injury;
n
a
ri

"substantive law" includes—

(a) a law that establishes, modifies or

to	extinguishes a cause of action or a
ic	defence to a cause of action; and
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(b) a law prescribing the time within which an action must be brought (including a law providing for the

ts	extension or abridgment of that
n	time); and
e

(c) a law that provides for the

m

u	limitation or exclusion of liability
c	or the barring of a right of action
o	if a proceeding on, or arbitration
D	of, a claim is not commenced
ry	within a particular time limit; and (d) a law that limits the kinds of
ta	injury, loss or damage for which
n
e	damages or compensation may be recovered; and
m
ia	(e) a law that precludes the recovery
rl	of damages or compensation or
a	limits the amount of damages or
P	compensation that can be
d	recovered; and
n	(f) a law expressed as a presumption,
a	or rule of evidence, that affects
n	substantive rights; and
o

ti	(g)	a provision of a State's legislation
la	about damages for a work related
injury, whether or not it would be
is	otherwise regarded as procedural
g
e	in nature—

L	but does not include a law prescribing
n	rules for choice of law.
a
ri	129MF. Availability of action in another State not
to	relevant
ic	(1) It makes no difference for the purposes of

this Division that, under the substantive law

V of another State—

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(a) the nature of the circumstances is such that they would not have given rise to a cause of action had they occurred in

ts	that State; or
n
e	(b) the circumstances on which the claim is
m	based do not give rise to a cause of
u	action.
c	(2) In this section—
o
D	"another State" means a State other than the State with which the worker's
ry	employment is connected.'.
ta	22. New Schedule 3 inserted
n
e	At the end of the Accident Compensation Act
m	1985 insert—
ia
rl	'SCHEDULE 3
a
P	ADJACENT AREAS
d	1. Definitions
n
a	In this Schedule—
"continental shelf" has the same meaning as
n	in the Seas and Submerged Lands Act
o
ti	1973 of the Commonwealth;
la	"territorial sea" has the same meaning as in the Seas and Submerged Lands Act 1973
is	of the Commonwealth.
g	2. Adjacent areas
e
L	(1) The "adjacent area" for Victoria, New South Wales, South Australia or Tasmania is so much
n	of the area described in Schedule 2 to the
a
ri	Petroleum (Submerged Lands) Act 1967 of the Commonwealth in relation to that State as is
to	within the outer limits of the continental shelf
ic
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(2) The "adjacent area" for Queensland is—

(a) so much of the area described in Schedule 2 to the Petroleum (Submerged

ts	Lands) Act 1967 of the Commonwealth
n	in relation to Queensland as is within the
e	outer limits of the continental shelf; and

m	(b)	the Coral Sea area (within the meaning of
u	sub-section (7) of section 5A of the
c	Petroleum (Submerged Lands) Act 1967
o	of the Commonwealth) other than the territorial sea within the Coral Sea area;
D	and

ry	(c) the areas within the outer limits of the
ta	territorial sea adjacent to certain islands of Queensland as determined by
n	proclamation of 4 February 1983 under
e	section 7 of the Seas and Submerged
m	Lands Act 1973 of the Commonwealth;
ia
rl
and

(d) the space above and below the areas

a	described in paragraphs (a), (b) and (c).
P	(3) The "adjacent area" for Western Australia is so much of the area described in Schedule 2 to
d	the Petroleum (Submerged Lands) Act 1967 of
n	the Commonwealth in relation to Western
a	Australia as—
n	(a) is within the outer limits of the
o
ti	continental shelf; and

la (b) is not within Area A of the Zone of Cooperation—

is	and includes the space above and below that
g	area.
e
L	(4) The "adjacent area" for the Northern Territory is—
n
a	(a) so much of the area described in
ri	Schedule 2 to the Petroleum (Submerged
to	Lands) Act 1967 of the Commonwealth in relation to the Northern Territory as—
ic
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(ii)  is not within Area A of the Zone of Cooperation;

(b) the adjacent area for the Territory of

ts	Ashmore and Cartier Islands (within the
n	meaning of sub-section (3) of section 5A
e	of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth) other than
m	the territorial sea within that area; and
u
c	(c) the space above and below the areas
o	described in paragraphs (a) and (b).
D	(5) However, the adjacent area for a State does not include any area inside the limits of any State
ry	or Territory.'.
ta	__________________
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
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Transitional Provisions

PART 4—AMENDMENTS TO THE ACCIDENT COMPENSATION ACT 1985—SAVINGS AND

ts	TRANSITIONAL PROVISIONS
n
e	23. Insertion of Part IX
m	After Part VIII of the Accident Compensation
u	Act 1985 insert—
c
o	'PART IX—SAVINGS AND TRANSITIONAL
D	PROVISIONS—AMENDING ACTS
ry
ta	Division 1—Accident Compensation
n	(Miscellaneous Amendment) Act 1997
e

254. Definition of amending Act

m

ia	In this Division "amending Act" means the
rl	Accident Compensation (Miscellaneous
a	Amendment) Act 1997.
P	255. Section 91 (Assessment of impairment)
d	(1) Section 91, as amended by section 25 of the
n
a	amending Act, applies to all claims for compensation under section 98C,
n	irrespective of when the injury occurred or
o
ti	the claim is made.
la	(2) Section 91, as in force immediately before
is	1 September 1998, continues to apply—
g	(a) to claims for compensation under
e	section 98;
L

(b) to applications for determinations under

n

a	section 135A(3);
ri
to
ic
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Transitional Provisions

(c) to all claims for weekly payments to which section 93C applies—

ts	irrespective of when the injury occurred or
n	the claim is made.
e	Note: 1 September 1998 is the date of commencement of
m	section 25 of the Accident Compensation
u	(Miscellaneous Amendment) Act 1997.
c
o	Division 2—Accident Compensation (Common
D	Law and Benefits) Act 2000
ry	256. Definition of amending Act
ta	In this Division "amending Act" means the
n	Accident Compensation (Common Law
e	and Benefits) Act 2000.
m	257. Section 5A (Pre-injury average weekly
ia
rl	earnings)
a	(1) Section 5A(1A), as amended by section 4 of
P	the amending Act, applies in respect of a
d	claim for weekly payments given, served or
n	lodged—
a	(a) on or after 1 September 2000; but
n	(b) before the date of commencement of
o
ti	section 5 of the Accident
la	Compensation and Transport
is	Accident Acts (Amendment) Act
2003.
g
e	(2) Section 5A as in force immediately before
L	1 September 2000 continues to apply in
n	respect of a claim for weekly payments
a
ri	given, served or lodged before that date.
to
ic
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(3) Section 5A(4), as amended by section 4 of

the amending Act, applies in respect of a
claim for weekly payments given, served or

ts	lodged on or after 1 September 2000.
n
e	Note: 1 September 2000 is the date of commencement of section 4 of the Accident Compensation (Common
m	Law and Benefits) Act 2000.
u
c	Division 3—Accident Compensation and
o	Transport Accident Acts (Amendment) Act
D	2003
ry	258. Definitions
ta
n	In this Division—
e	"amending Act" means the Accident
m	Compensation and Transport
ia	Accident Acts (Amendment) Act
rl	2003;
a	"commencement date" means the day after
P	the day on which the amending Act
d	receives the Royal Assent.
n
a	259. Section 5(1) (Definition of "injury")
n	The definition of "injury" in section 5(1), as
o
ti	amended by section 3(1) of the amending
Act, only applies to injuries that occur on or
la	after the date of commencement of section 3.
is	260. Section 5(1) (Definition of "medical
g
e	service")
L	The definition of "medical service" in
n	section 5(1), as amended by section 4(1) of
a
ri	the amending Act, only applies to services
provided on or after the date of
to	commencement of section 4.
ic
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261.  Section 5A (Pre-injury average weekly earnings)

ts	Section 5A, as amended by section 5 of the
n	amending Act, applies in respect of a claim
e	for weekly payments given, served or lodged
m	on or after the date of commencement of
u	section 5.
c	262. Section 82 (Entitlement to compensation)
o
D	Section 82, as amended by section 3 of the amending Act, applies to all injuries that
ry	occur on or after the date of commencement
ta	of section 3.
n	263. Section 86 (Compensation for disease due
e	to employment)
m
ia	Section 86, as amended by section 3(7) of
rl	the amending Act, applies to all injuries that
a	occur on or after the date of commencement
P	of section 3.
d	264. Section 91 (Assessment of impairment)
n	(1) Section 91, as amended by section 7 of the amending Act, applies to all assessments
a
n	(including assessments made for the
o
ti	purposes of claims and applications referred
la	to in section 255) made on or after the date
is	of commencement of section 7.

(2) For the purposes of assessments made for the

g

e	purposes of claims and applications referred
L	to in section 255(2), a reference in
n	sections 91(9) and 91(10) to the A.M.A.
a	Guides is to be read as a reference to the
ri	American Medical Association's Guides to
to	the Evaluation of Permanent Impairment
ic	(Second Edition).
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(3) Section 91(7), as amended by section 8(3) of
the amending Act, only applies in respect of

assessments for injuries that are made on or

ts	after the date of commencement of section 8.
n
e	(4) Despite the repeal of sections 91(11) and
m	91(12) by section 9(1) of the amending Act,
u	those sections continue to apply according to
c	their terms in respect of claims for
o	compensation lodged before the date of
D	commencement of section 9(1).

ry	265.	Section 98C (Compensation for non-
ta	economic loss)
n	Section 98C, as amended by section 8 of the
e	amending Act, only applies in respect of
m	injuries that occur on or after the date of
ia	commencement of section 8.
rl	Note:	The only effective changes made by section 8 are the
a	inclusion of section 98C(2)(b), an increase to the
P	formula amounts in section 98C(2)(c) and the inclusion of associated section 98C(2A). The other
d	amendments made to amounts by section 8 were
n	made for the purposes of consistency and merely
a	reflect the amounts that applied under section 98C on
n	the date of commencement of section 8 as a result of
o	the indexation that occurred under section 100.
ti	Therefore nothing in section 265 affects those
la	amounts.

is	266. Section 99 (Compensation for medical and
g	like services)
e	(1) Section 99, as amended by section 4(2) of
L	the amending Act, only applies to claims for
n	compensation under section 99 made after
a
ri	the commencement date.
to	(2) This Act continues to apply to a person who

was injured before the commencement date

ic	for 18 months after the commencement date
V	as if it had not been amended by section 4(2) of the amending Act.

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267. Part IV (Payment of Compensation)

(1) The amendments made to Part IV by Part 3

ts	of the amending Act do not apply in respect
n	of an injury that occurred before the
e	commencement of Part 3, and Part IV
m	applies in respect of such an injury as if
u	those amendments had not been made.
c	(2) If the death of a worker results from both an
o	injury that occurred before the date of
D	commencement of Part 3 of the amending
ry	Act and an injury that occurred on or after
ta	that date, the worker is, for the purposes of
the application of the amendments made by
n
e	Part 3 of that Act to and in respect of the death of the worker, to be treated as having
m
ia	died as a result of the injury that occurred on
rl	or after that date.
a	(3) If a period of incapacity for work resulted
P	both from an injury that occurred before the
d	date of commencement of Part 3 of the
n	amending Act and an injury that occurred on
a	or after that date, the incapacity is, for the
n	purposes of the application of the
o	amendments made by Part 3 of that Act to
ti	and in respect of that incapacity for work, to
la	be treated as having resulted from the injury
is	that occurred on or after that date.
g	(4) The amendments made by Part 3 of the
e	amending Act and sub-sections (2) and (3)
L	do not affect the apportionment of liability in
n	a case where one or more of the injuries
a
ri	concerned occurred before, and one or more
occurred on or after, the date of
to	commencement of Part 3.
ic
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268.  Sections 155A and 155B (Employer to re-employ worker)

ts	(1) Sections 155A and 155B, as inserted by
n	section 10 of the amending Act, only apply
e	in respect of injuries that occur on or after
m	the date of commencement of section 10. (2) Section 122, despite its repeal by section 11
u
c	of the amending Act, continues to apply in
o	respect of injuries that occur before the date
D	of commencement of section 11.
ry	(3) Sections 160(1)(a)(iii) and 242(1), in the
ta	form they were in immediately before the
n	date of commencement of section 11 of the
e	amending Act, continue to apply in respect
m	of injuries that occur before that date.
ia	269. Section 156 (Occupational rehabilitation
rl	and risk management programs)
a
P	(1) Section 156, as amended by section 12 of the amending Act, only applies in respect of
d
n	injuries that occur on or after the date of
a	commencement of section 12.
n	(2) Section 156, in the form it was in
o	immediately before the date of
ti	commencement of section 12 of the
la	amending Act, continues to apply in respect
is	of injuries that occur before that date.'.
g	__________________
e
L
n
a
ri
to
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s. 24

Act 1993

PART 5—AMENDMENT TO THE ACCIDENT

COMPENSATION (WORKCOVER INSURANCE) ACT 1993

ts

n	24. Amendment of Accident Compensation
e	(WorkCover Insurance) Act 1993
m	(1) After section 7(1) of the Accident Compensation
u	(WorkCover Insurance) Act 1993 insert—
c
o	'(1AA) It is a defence to a prosecution for an offence
D	against sub-section (1) concerning an
ry	employer's liability in respect of injuries to a
worker if the court is satisfied that at the time
ta	of the alleged offence—
n	(a) the employer believed on reasonable grounds that the employer could not be
e
m
ia	liable under the Accident
rl	Compensation Act 1985 or at common
law or otherwise in respect of injuries
a	to the worker because under section 80
P	of that Act the worker's employment
d	was not connected with this State; and
n
a	(b) the employer had workers
n	compensation cover in respect of the
o	worker's employment under the law of
ti	the State or Territory with which the
la	employer believed on reasonable
is	grounds the worker's employment was
connected under section 80 of that Act.
g
e	(1AB) In sub-section (1AA), "workers
L	compensation cover" means insurance or
n	registration required under the law of a State
a
ri	or Territory in respect of liability for
statutory workers compensation under that
to	law.'.
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s. 24

Act 1993

(2) After section 7(7) of the Accident Compensation (WorkCover Insurance) Act 1993 insert—

ts	'(7A) Despite any other provision of this section, if
n	the Authority is satisfied that—
e	(a) the reason for the employer not
m	obtaining or keeping in force a policy
u	of insurance as required in accordance
c	with sub-section (1) in respect of
o	injuries to a worker in a period is that
D	the employer believed on reasonable
ry	grounds that the employer could not be
ta	Compensation Act 1985 or at common liable under the Accident
n
e	law or otherwise in respect of injuries to the worker because under section 80
m
ia	of that Act the worker's employment
rl	was not connected with this State; and (b) the employer had workers
a
P	compensation cover in respect of the
d	worker's employment under the law of
n	the State or Territory with which the
a	employer believed on reasonable
n	grounds the worker's employment was
o	connected under section 80 of that
ti	Act—
la	the employer is not liable to pay a penalty
is	under sub-section (6) in respect of that
g	liability.
e	(7B) In sub-section (7A), "workers compensation cover" has the same meaning
L
n
a	as in sub-section (1AB).'.
ri	__________________
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Part 6—Amendments to the Transport Accident Act 1986

s. 25

PART 6—AMENDMENTS TO THE TRANSPORT ACCIDENT

ACT 1986

ts

n	25. Compensation not to include cost of accommodation
e	etc. unless medically necessary
m	(1) In section 3(1) of the Transport Accident Act
u	1986, in the definition of "medical service", after
c
o	paragraph (e) insert—
D	"and

ry	(f)	the provision, at the request of a medical
ta	service, of special food or a special food
practitioner, hospital or provider of a hospital
n
e	formula; and

m	(g) the provision, at the request of a medical
ia	practitioner, of room temperature control
rl	equipment for a person who is unable to
a	adequately regulate his or her own body
P	temperature; and
d	(h) the provision, at the request of a medical
n	practitioner, of equipment intended to treat
a	or stabilize any injury or condition resulting
n	from a transport accident;
o
ti	Examples
la	Examples of equipment referred to in paragraph (h) include life support equipment, ventilators and special
is	lighting.
g
e	(i) the provision of anything needed to operate,
L	run, maintain or repair any equipment
n	referred to in paragraph (g) or (h);
a
ri	Examples
Examples of things referred to in paragraph (i) include
to	electricity, water, lubricating oil and replacement
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Note: Paragraphs (f) to (i) only apply to services provided on or after the date of commencement of section 26 of the Accident Compensation and Transport

ts	Accident Acts (Amendment) Act 2003—see section 179.".
n
e	(2) After section 60(6) of the Transport Accident
m	Act 1986 insert—
u	'(7) Nothing in this section renders the
c
o	Commission liable to pay as compensation
D	the cost of the provision to, or for, a person who is injured as a result of a transport
ry	accident of any of the following things
ta	unless the provision of a particular thing to
n	the person is a medical service, or a hospital
e	service, provided as a result of the injury—
m	(a) accommodation (including
ia	accommodation-related costs such as
rl	rent, bonds, rates, accommodation costs
a	levied in accordance with
P	Commonwealth legislation, capital
d	contributions and costs associated with
n	the buying or selling of property, but
a	not including the costs and
n	contributions referred to in sub-
o
ti
section (4));

(b) food or household or personal items;

la

is	(c) power, water or any other service
g	provided by a utility;
e	(d) room temperature controls;
L
(e) any other thing specified by the
n
a	regulations for the purposes of this sub-
ri	section.
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s. 25

(8) Sub-section (7) does not apply in the case of

a person who is under 18 years of age and
who, as a result of his or her injury, is unable

ts	to reside at the place that he or she resided at
n	before he or she was injured.
e

(9) Sub-section (7) also does not apply to a

m

u	person—
c	(a) who receives a hospital service as a
o	result of a transport accident; and
D

(b) who is then discharged from hospital;

ry	and
ta	(c) who then resides in a nursing home,
n	aged person's hostel, group home or
e	facility approved by the Commission,
m	supported residential service,
ia	residential care service or state-funded
rl	residential care service—
a
P	during the first 18 months after the person is first discharged from hospital.
d
n	(10) For the purposes of sub-section (9)—
a

(a) a person can only be "first" discharged

n	once from hospital in relation to a
o
ti	particular transport accident; and
la	(b) it does not matter if, during the relevant
is	period, the person changes
g	accommodation, or does not live
e	continuously in accommodation of the
L	sort listed in sub-section (9)(c)
n	(although in this latter case sub-
a	section (9) only applies to the person
ri	while he or she is living in
to	accommodation of that sort); and
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s. 26

(c) the 18 month period referred to in sub- section (9) is to be extended by the addition of any period during which a

ts	person is in a hospital receiving a
n	hospital service after he or she is first
e	discharged from hospital.
m	Note: Sub-sections (7) to (10) only apply to applications for
u	payment made after the date of commencement of
c	section 25 of the Accident Compensation and
o	Transport Accident Acts (Amendment) Act
D	2003—see section 181(1). Also, those sub-sections
ry	do not apply to people who had been injured in a transport accident before that date until the expiry of
ta	18 months after that date—see section 181(3).'.
n	26. Entitlement to compensation outside Victoria
e

For sections 42(2)(b) to 42(2)(e) of the Transport

m	Accident Act 1986 substitute—
ia
rl	"(b) an award of compensation or judgment for
a	damages has been made, given or entered in
P	favour of the person, dependant or surviving
d	spouse; or
n	(c) any payment into court has been accepted by
a	the person, dependant or surviving spouse; or
n	(d) there has been a compromise or settlement of
o
ti	a claim by the person, dependant or
la	surviving spouse; or

is	(e)	a claim for compensation in favour of the
g	person, dependant or surviving spouse has
e	been accepted; or
L

(f) the person, dependant or surviving spouse

n

a	has commenced an action for damages in a
ri	court of competent jurisdiction—
to	unless the Commission is liable under
ic	section 94(1) to pay compensation to the person,
dependant or surviving spouse under the law of a
V	place outside Victoria.".

Accident Compensation and Transport Accident Acts

(Amendment) Act 2003

Act No. 95/2003

Part 6—Amendments to the Transport Accident Act 1986

s. 27

27. Re-positioning of transitional provisions

Sections 46A(8) and 46A(9) of the Transport Act

ts	1983 are repealed.
n	Note: Section 177 re-enacts sections 46A(8) and 46A(9)
e	(which were transitional provisions in relation to amendments made by the Transport Accident
m	(Amendment) Act 1998).
u
c	28. Insertion of section 46C
o

After section 46B of the Transport Accident Act

D

1986 insert—

ry	"46C. Rounding of assessments of impairment
ta	(1) Despite anything to the contrary in the
n
e	A.M.A. Guides, in determining a person's degree of impairment for the purposes of
m
ia	section 46A, 47, 54 or 55, no number
rl	determined under the A.M.A. Guides is to be
rounded up or down, regardless of whether
a	the number represents an initial, an
P	intermediate, a combined or a final value,
d	unless the rounding is expressly required or
n	permitted by this Act.
a

(2) A number determined under the A.M.A.

n

o	Guides must be rounded to the nearest whole
ti	percent.
la	Example:
is	A final degree of impairment of 9⋅5% must be
g	rounded to 10%. A final degree of impairment of
e	8⋅4% must be rounded to 8%.
L	Note: Section 180 sets out the transitional provisions
n	that apply to this section.".
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Part 6—Amendments to the Transport Accident Act 1986

s. 29

29. Preservation of rights of international visitors

In section 47(7)(b) of the Transport Accident

ts	Act 1986, for "or 38A" substitute ", 38A or 42".
n	30. Payment of medical and like benefits
e

For section 60(1A) of the Transport Accident

m

u	Act 1986 substitute—
c	"(1A) The Commission is only liable to pay
o	compensation under this section for the
D	expenses and costs incurred in the following
ry	periods—

ta	(a)	if the application for compensation is
n	made within 3 years after the date of
e	the transport accident, the period
m	between the date of the accident and the
ia

rl	date the application is granted; or (b) in any other case, the period of 2 years
a	immediately before the application is
P	made.
d	Note: Sub-section (1A) applies in respect of all
n	applications for compensation made on or after
a	1 January 2001—see section 181(2).".
n	31. Extension of time limit for reviews of decisions on
o
ti	eligibility for compensation
la	In section 70(3)(b) of the Transport Accident
is	Act 1986, for "28 days" substitute "12 months".
g
e
L
n
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Part 6—Amendments to the Transport Accident Act 1986

s. 32

32. Insertion of Part 11

After Part 10 of the Transport Accident Act

ts	1986 insert—
n
e	'PART 11—SAVINGS AND TRANSITIONAL PROVISIONS—AMENDING ACTS
m
u
c	Division 1—Transport Accident (Amendment)
o	Act 1998
D

176. Definition of "amending Act"

ry

ta	In this Division, "amending Act" means the
Transport Accident (Amendment) Act
n
e	1998.
m	177. Section 46A (Degree of impairment)
ia	(1) Section 46A, as amended by section 8 of the
rl	amending Act, applies for the purpose of
a	determining the degree of impairment in
P	respect of an injury as a result of a transport
d	accident on or after 19 May 1998.
n	(2) Section 46A, as in force, and the Transport Accident (Impairment) Regulations 1988 as
a
n	in force, immediately before 19 May 1998,
o
ti	continue to apply for the purpose of
la	determining the degree of impairment in
respect of an injury as a result of a transport
is	accident before 19 May 1998 as if those
g	Regulations formed part of section 46A.
e
L	Note: 19 May 1998 is the date of commencement of section 8 of the Transport Accident (Amendment)
n	Act 1998.
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s. 32

Division 2—Accident Compensation and

Transport Accident Acts (Amendment) Act

ts	2003
n	178. Definitions
e

In this Division—

m

u	"amending Act" means the Accident
c	Compensation and Transport
o	Accident Acts (Amendment) Act
D	2003;
ry	"commencement date" means the day after
ta	the day on which the amending Act
n	receives the Royal Assent.
e	179. Section 3 (Definition of "medical service")
m
ia	The definition of "medical service" in
rl	section 3(1), as amended by section 25(1) of
a	the amending Act, only applies to services
P	provided on or after the date of commencement of section 25.
d
n	180. Section 46C (Rounding of assessments of
a	impairment)
n	(1) Section 46C applies to any determination of
o
ti	the degree of impairment in respect of an
injury (including any determination of the
la	degree of impairment in respect of an injury
is	referred to in section 177(1)) made on or
g	after the date of commencement of
e	section 28.
L

(2) If— (a) a determination of a degree of

n
a

ri	impairment had been made before the
to	date of commencement of section 28 of
ic	the amending Act; and
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Part 6—Amendments to the Transport Accident Act 1986

s. 32

(b)

no number determined under the down in the making of the

ts	determination—
n
e	in reviewing the determination, the
m	Commission or a court or tribunal (as the
u	case may be) must not round up or down any
c	number determined under the A.M.A.
o	Guides.
D	(3) Sub-section (2) applies regardless of whether
ry	or not an application for review, or an
ta	appeal, had been lodged in respect of the
determination before that date of
n
e	commencement, and regardless of whether or not the fact that there was no rounding in
m
ia	determining the number was one of the
rl	grounds on which an application for review,
or an appeal, was based.
a
P	(4) Despite sub-section (2), the Commission or a
d	court or tribunal may round a final value
n	determined under the A.M.A. Guides to the
a	nearest whole percent.
n	181. Section 60 (Medical and like benefits)
o
ti	(1) Section 60, as amended by section 25(2) of
la	the amending Act, only applies to
applications for payment made after the
is	commencement date.
g
e	(2) Section 60(1A), as substituted by section 31
L	of the amending Act, applies in respect of all
n	applications for compensation made on or
a
ri	after 1 January 2001.
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s. 32

(3) This Act continues to apply to a person who
was injured in a transport accident before the

commencement date for 18 months after the

ts	commencement date as if it had not been
n	amended by section 25(2) of the amending
e	Act.
m
u	182. Section 70 (Decision on eligibility for
c	compensation)
o	Section 70(3)(b), as amended by section 31
D	of the amending Act, applies to all claims—
ry	(a) that are in existence on the
ta	commencement date; or
n	(b) that are made on or after the
e	commencement date;
m
ia	(c) that lapsed before the commencement
rl	date, but in respect of which an
a	application for a review could have
P	been made to the Tribunal had section 70(3)(b), as amended by
d
n	section 31, been in force at the end of
a	the period specified in section 70(1) or 70(2) (as the case requires).'.
n
o	═══════════════
ti
la
is
g
e
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Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 16 October 2003
e
Legislative Council: 19 November 2003
m
u	The long title for the Bill for this Act was "to amend the Accident
c	Compensation Act 1985, the Accident Compensation (WorkCover
o	Insurance) Act 1993 and the Transport Accident Act 1986 and for
D	other purposes."
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
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la
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