Accident Compensation and Transport Accident Acts (Ombudsman) Act 2005 (Vic)

Accident Compensation and Transport Accident Acts (Ombudsman) Act 2005

Act No. 46/2005

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Insertion of section 21A

21A.Investigation of certain delegates by Ombudsman

4.Insertion of section 23AA

23AA.Investigation of authorised agent by Ombudsman

5.Additional ground for payments out of the WorkCover Authority Fund

6.Insertion of section 153

153.Investigation of self-insurer by Ombudsman

7.Additional ground for payments out of the Transport Accident Fund

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Endnotes

Accident Compensation and Transport Accident Acts (Ombudsman) Act 2005

[Assented to 24 August 2005]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is—

(a)to amend the Accident Compensation Act 1985—

(i)to ensure that the Ombudsman can enquire into and investigate the administrative actions of authorised agents and self-insurers under that Act, and of certain delegates of the Victorian WorkCover Authority; and

(ii)to enable payments to be made from the WorkCover Authority Fund to the Consolidated Fund in respect of enquiries and investigations by the Ombudsman; and

(b)to amend the Transport Accident Act 1986 to enable payments to be made from the Transport Accident Fund to the Consolidated Fund in respect of enquiries and investigations by the Ombudsman.

2.Commencement

(1)This Act, other than sections 3, 4 and 6, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Sections 3, 4 and 6 come into operation on 1 October 2005.

3.Insertion of section 21A

After section 21 of the Accident Compensation Act 1985 insert—

'21A.Investigation of certain delegates by Ombudsman

(1)The Ombudsman may enquire into or investigate—

(a)any administrative action of a person as a delegate of the Authority in administering claims under the Workers Compensation Act 1958; and

(b)any matter relating to such an administrative action.

Note:Under the Ombudsman Act 1973, an "administrative action" is defined as including, among other things, a refusal or failure to take a decision, or to perform an act.  As a result of sub-section (2), this definition applies to references to administrative actions in this sub-section.

(2)For the purposes of sub-section (1), the Ombudsman Act 1973 applies as if—

(a)the delegate was a public statutory body within the meaning of that Act; and

(b)the delegate, or if the delegate is a body corporate, the senior executive officer of the delegate (by whatever title he or she is known), was the principal officer of that public statutory body; and

(c)a reference to the responsible Minister in sections 17 and 23(3) of that Act was a reference to the Minister responsible for administering this section.'.

4.Insertion of section 23AA

After section 23 of the Accident Compensation Act 1985 insert—

'23AA.Investigation of authorised agent by Ombudsman

(1)The Ombudsman may enquire into or investigate—

(a)any administrative action of an authorised agent in its capacity as an authorised agent under this Act; and

(b)any matter relating to such an administrative action.

Note:Under the Ombudsman Act 1973, an "administrative action" is defined as including, among other things, a refusal or failure to take a decision, or to perform an act.  As a result of sub-section (2), this definition applies to references to administrative actions in this sub-section.

(2)For the purposes of sub-section (1), the Ombudsman Act 1973 applies as if—

(a)the authorised agent was a public statutory body within the meaning of that Act; and

(b)the senior executive officer of the authorised agent (by whatever title he or she is known) was the principal officer of that public statutory body; and

(c)a reference to the responsible Minister in sections 17 and 23(3) of that Act was a reference to the Minister responsible for administering this section.'.

5.Additional ground for payments out of the WorkCover Authority Fund

After section 32(4)(a) of the Accident Compensation Act 1985 insert—

"(b)payments to the Consolidated Fund of amounts certified by the Treasurer, after consultation with the Minister, representing the costs incurred, or to be incurred, annually by the Ombudsman in enquiring into or investigating administrative actions (as defined by the Ombudsman Act 1973) of the Authority, of authorised agents and self-insurers under this Act and of delegates in administering claims under the Workers Compensation Act 1958;".

6.Insertion of section 153

After section 152 of the Accident Compensation Act 1985 insert—

'153.Investigation of self-insurer by Ombudsman

(1)The Ombudsman may enquire into or investigate—

(a)any administrative action of a self-insurer in its capacity as a self-insurer under this Act; and

(b)any matter relating to an administrative action.

Note:Under the Ombudsman Act 1973, an "administrative action" is defined as including, among other things, a refusal or failure to take a decision, or to perform an act.  As a result of sub-section (2), this definition applies to references to administrative actions in this sub-section.

(2)For the purposes of sub-section (1), the Ombudsman Act 1973 applies as if—

(a)the self-insurer was a public statutory body within the meaning of that Act; and

(b)the senior executive officer of the self-insurer (by whatever title he or she is known) was the principal officer of that public statutory body; and

(c)a reference to the responsible Minister in sections 17 and 23(3) of that Act was a reference to the Minister responsible for administering this section.'.

7.Additional ground for payments out of the Transport Accident Fund

After section 27(3)(f) of the Transport Accident Act 1986 insert—

"(fa)payments to the Consolidated Fund of amounts certified by the Treasurer, after consultation with the Minister, representing the costs incurred, or to be incurred, annually by the Ombudsman in enquiring into or investigating administrative actions (as defined by the Ombudsman Act 1973) of the Commission;".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 19 May 2005

Legislative Council: 11 August 2005

The long title for the Bill for this Act was "to amend the Accident Compensation Act 1985 and the Transport Accident Act 1986 and for other purposes."