Accident Compensation (General Amendment) Regulations 1998 (Vic)

Accident Compensation (General Amendment)

Regulations 1998

S.R. No. 88/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Amendment of regulation 1	2
6.	Amendment of regulation 3	2
7.	Revocation of regulations etc.	2
8.	Amendment of regulation 12	2
9.	Amendment of regulation 13	3
10.	Regulations 14B and 14C inserted	3

14B.	Form of warrant under section 240A of the Accident
Compensation Act 1985 3
14C.	Form of warrant under section 70 of the Accident
Compensation (WorkCover Insurance) Act 1993 3

11.	Amendment of regulation 17	3
12.	Amendment of regulation 23	4
13.	Amendment of regulation 25A	4
14.	Amendment of regulation 27	4
15.	Amendment of regulation 27A	4
16.	Amendment of regulation 28	5
17.	Substitution of regulation 29	5

29. Eligibility to apply for approval as a self-insurer 5

18.	Amendment of Schedule 5	6
19.	Amendment to Schedule 7	6
20.	Schedules 8 and 9 inserted	7
SCHEDULE 8—Search warrant	8
SCHEDULE 9—Search warrant	14

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NOTES 20

i

STATUTORY RULES 1998

S.R. No. 88/1998

Accident Compensation Act 1985

Accident Compensation (WorkCover Insurance) Act 1993

Accident Compensation (General Amendment)

Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 7 July 1998

Responsible Minister:

ROGER M. HALLAM

Minister for Finance

STACEY ROBERTSON

Acting Clerk of the Executive Council

1. Objective

The objectives of these Regulations are to—

(a)

prescribe a minimum requirement for Accident Compensation Act 1985;

(b)

make amendments to the Principal the Accident Compensation Act 1985;

(c) prescribe the form of warrants for the purposes of section 240A of the Accident Compensation Act 1985 and section 70 of the Accident Compensation (WorkCover Insurance) Act 1993.

2. Authorising provisions

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998

These Regulations are made under sections 141,
142B, 240A and 253 of the Accident
Compensation Act 1985 and sections 70 and 72
of the Accident Compensation (WorkCover

Insurance) Act 1993.

3. Commencement

These Regulations come into operation on 13 July

1998.

4. Principal Regulations

In these Regulations, the Accident Compensation
Regulations 19901 are called the Principal

Regulations.

5. Amendment of regulation 1

In regulation 1(2) of the Principal Regulations,
after "the Act" insert "and section 72 of the
Accident Compensation (WorkCover

Insurance) Act 1993".

6. Amendment of regulation 3

In regulation 3 of the Principal Regulations, after
"the Act", insert "and the Accident
Compensation (WorkCover Insurance) Act

1993".

7. Revocation of regulations etc.

In the Principal Regulations, regulations 10, 11,
14, 18(1), 18(2), 18(3), 19, 20, 21 and 24,
Schedule 3, and Forms 4B, 7, 8, 9 and 10 in

Schedule 7 are revoked.

8. Amendment of regulation 12

In regulation 12 of the Principal Regulations—

(a) in the definitions of B and C, for "leviable" (wherever occurring) substitute "rateable";

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 9

(b) Act" substitute "the premium for a
WorkCover insurance policy under the

in the definition of B, for "levy under the Insurance) Act 1993".

9. Amendment of regulation 13

In regulation 13 of the Principal Regulations, after

"the Authority" insert ", authorised insurers".

10. Regulations 14B and 14C inserted

After regulation 14A of the Principal Regulations, insert—

"14B. Form of warrant under section 240A of the Accident Compensation Act 1985

For the purposes of section 240A of the Act, the prescribed form of warrant is the form set out in Schedule 8.

14C. Form of warrant under section 70 of the

Accident Compensation (WorkCover

Insurance) Act 1993

For the purposes of section 70 of the warrant is the form set out in Schedule 9.".

Accident Compensation (WorkCover

11. Amendment of regulation 17

In regulation 17 of the Principal Regulations—

(a) for "an incapacity which the Authority or self-insurer has determined under section 97(2) of the Act is likely to be of a

permanent nature" substitute "satisfied the Authority, authorised insurer or self-insurer under section 97(2) of the Act that the

worker has no current work capacity and is
likely to continue indefinitely to have no
current work capacity";

Accident Compensation (General Amendment) Regulations 1998

r. 12 S.R. No. 88/1998

(b) in paragraph (c), after "Authority" insert ", authorised insurer".

12. Amendment of regulation 23

In regulation 23 of the Principal Regulations—

(a) in sub-regulation (1), after "Authority" insert ", authorised insurer";

(b) in sub-regulation (2)—

(i) after "Authority" (where first
occurring) insert ", authorised insurer";

(ii)  for "Authority" (where last occurring) substitute "Commission".

13. Amendment of regulation 25A

In regulation 25A of the Principal Regulations—

(a) for "121B(4)" substitute "114D(5)";

(b) for "certificate of incapacity in accordance with section 114" substitute "certificate of capacity in accordance with section 111".

14. Amendment of regulation 27

In regulation 27 of the Principal Regulations—

(a)	after "body corporate" insert "or MAV or a partnership";
(b)	after "142(4)" insert ", or 142A(3) or 142C(3)".

15. Amendment of regulation 27A

In Regulation 27A of the Principal Regulations—

(a) in sub-regulation (1)—

(i) omit "by a body corporate";

(ii)  for paragraph (a) substitute— "(a) 0·03 per centum of the total

remuneration paid or payable

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 16

during the financial year
preceding the financial year in
which the application is made to

workers employed by—

(i) corporate that is not a

if the applicant is a body corporate;

(ii) corporate that is a holding
company, that body

if the applicant is a body subsidiaries;

(iii)  if the applicant is MAV, by MAV and each of the local government corporations

which, at the time of the
application, are proposed to
be participating corporations;
and

(iv)  if the applicant is a partnership, by the partnership; or";

(b) in sub-regulation (2), omit "section 198 of the Act or".

16. Amendment of regulation 28

In regulation 28(4) of the Principal Regulations, for "Minister" substitute "Authority".

17. Substitution of regulation 29

For regulation 29 of the Principal Regulations
substitute—

'29. Eligibility to apply for approval as a self-

insurer

Accident Compensation (General Amendment) Regulations 1998

r. 18

r. 19 S.R. No. 88/1998

(1) Nothing in this regulation affects an

application under section 141 or 142B of the
Act made before the commencement of
regulation 17 of the Accident Compensation
(General Amendment) Regulations 1998.

(2) For the purposes of sections 141(2) and

142B(3A) of the Act, the prescribed
minimum requirements as to financial
strength and viability that the body corporate
or partnership respectively must satisfy are
that it is and would be capable of meeting its
claims liabilities as and when they fall due.

(3) For the purposes of sub-regulation (2), "claims liabilities" means the value as estimated by the Authority of the existing

and future financial liabilities of the body
corporate and, if applicable, its subsidiaries
or of the partnership under the Act and at
common law or otherwise, in respect of
injuries incurred or suffered, or to be
incurred or suffered, by workers employed
by the body corporate and, if applicable, its

subsidiaries or by the partnership.'.

18. Amendment of Schedule 5

In Schedule 5 to the Principal Regulations—

(a) in item 2, for "for compensation prescribed by the Accident Compensation Regulations 1990" substitute "forms approved by the

Authority under section 103 of the Act";

(b)

in item 7, for "rehabilitation" (wherever rehabilitation".

19. Amendment to Schedule 7

In Schedule 7 to the Principal Regulations—

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998

(a) in Form 1—

(i) for ' "LEVIABLE
REMUNERATION" ' substitute
' "RATEABLE REMUNERATION" ';

(ii)  for ' "leviable remuneration" ' substitute ' "rateable remuneration" ';

(b) in Form 2, for "is unfit for work" substitute "has no current work capacity and is likely to continue indefinitely to have no current work capacity";

(c) in Form 3—

(i)  for "which the Victorian WorkCover Authority, authorised insurer or self- insurer determined is likely to be of a permanent nature" substitute "in

respect of which weekly payments are
made, as certified by the attached
medical certificate provided in
accordance with regulation 17 of the
Accident Compensation Regulations
1990";

(ii) omit "and the nature of my incapacity";

(iii) omit "Nature of Incapacity".

20. Schedules 8 and 9 inserted

After Schedule 7 to the Principal Regulations, insert—

Accident Compensation (General Amendment) Regulations 1998

r. 20	S.	R. No. 88/1998
SCHEDULE 8

Regulation 14B

SEARCH WARRANT

Accident Compensation Act 1985

Section 240A

EXECUTION COPY/SERVICE COPY

COURT REF.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Premises where search will be conducted:

Street name and number

Suburb/Town

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

AUTHORITY

Being satisfied, by the evidence [on oath] [and] [by affidavit] of the Victorian WorkCover Authority, that there is reasonable ground for suspecting that there are on the premises mentioned above books which are

relevant in determining whether any of the provisions of the Accident
Compensation Act 1985 or the Accident Compensation (WorkCover

Insurance) Act 1993 are being contravened,

This Warrant authorises any member of the police force, together with—

(Names)

(a) to enter the premises mentioned above (using such force as is necessary for the purpose); and

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 20

(b)	to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; and
(c)	to take possession of, or secure against interference, any books that appear to be so relevant; and
(d)	to deliver any books, possession of which is so taken, into the possession of the Victorian WorkCover Authority, or—
being a person authorised by the Victorian WorkCover Authority to receive them.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

This Warrant is issued under section 240A of the Accident

Compensation Act 1985.

Issued 
at:  place by:

signature ..............................

on:  date

name ..............................

at:  time Magistrate

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

RESULT OF SEARCH

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

A. EXECUTION

Warrant executed

at am/pm on / /

-OR-

This Warrant is returned unexecuted because—
Accident Compensation (General Amendment) Regulations 1998

r. 20 S.R. No. 88/1998

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

B. SERVICE

Copy Warrant served on—

(owner/occupier/person in charge of premises)

of

OR, description of person on

whom served

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

C.	PROPERTY DAMAGE
Owner/occupier/person	I acknowledge that no damage has been
in charge of premises to	caused to property in the execution of this
sign.	Warrant.
OR, where	-OR-
owner/occupier/person in
charge of premises is
absent, or declines to sign,	The following damage was caused to property
complete "Property	in the execution of this Warrant:
damaged" and "Reasons" boxes (including "Nil Damage" where applicable).

Property damaged:  Reasons (if known):

Signed:

(owner/occupier/person in charge of premises)

WARNING TO PERSONS ON PREMISES
(on Service Copy only)
Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 20

It is an offence under section 240A of the Accident Compensation Act

1985, punishable by fine or imprisonment, for any person—

(a)	to refuse to permit any search or seizure pursuant to this Warrant to be made; or
(b)	to assault, oppose, molest or obstruct any person employed or acting in the execution or under the authority of this Warrant or aiding or assisting in its execution.
D.	BOOKS SEIZED (number each item):

If insufficient space, attach additional pages. No. of pages attached:.......................

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

E. DELIVERY OF BOOKS SEIZED

I delivered these books to—

at am/pm on / /

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

F. SIGNATURE OF POLICE MEMBER

Dated:  ....../........./...... Signed:

Name, rank and no.

Station and address

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOTE TO PERSONS EXECUTING WARRANT
Accident Compensation (General Amendment) Regulations 1998

r. 20 S.R. No. 88/1998

Where, pursuant to this Warrant, a person takes possession of, or secures against interference, any books, that person or any person to whose possession they are delivered pursuant to this Warrant—

• may make copies of, or take extracts from, the books;

• may retain possession of the books for such period as is necessary to
enable them to be inspected, and copies of, or extracts from, them to be
made or taken, by or on behalf of the Victorian WorkCover Authority;

• during that period must permit a person who would be entitled to inspect any one or more of those books if they were not in the possession of the first-named person to inspect at all reasonable times such of those books as that person would be so entitled to inspect;

• may retain the original books, or some of them, for a longer period only
where the Magistrate who issued this Warrant makes an order under sub-
section (3B) of section 240A of the Accident Compensation Act 1985.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

RETENTION OF ORIGINAL BOOKS FOR CRIMINAL

PROCEEDINGS

G. BOOKS TO BE RETAINED FOR CRIMINAL

PROCEEDINGS (number each item):

If insufficient space, attach additional pages. No. of pages attached:.....................

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

H. ORDER FOR RETENTION FOR CRIMINAL

PROCEEDINGS

Being satisfied, on application by the Victorian WorkCover Authority, that there is reasonable ground to believe that the physical properties of the abovementioned books, or of the contents of these books, are material evidence in proposed criminal proceedings against—

Name of proposed
defendant(s)

I order that the Victorian WorkCover Authority is authorised to retain possession of these books until the criminal proceedings are concluded.

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 20

This Order is made under section 240A(3B) of the Accident Compensation

Act 1985.

Made	place by:
at:

signature ..............................

on:  date

name ..............................

at:  time Magistrate

__________________
Accident Compensation (General Amendment) Regulations 1998

r. 20	S.	R. No. 88/1998
SCHEDULE 9

Regulation 14C

SEARCH WARRANT

Accident Compensation (WorkCover Insurance) Act 1993

Section 70

EXECUTION COPY/SERVICE COPY

COURT REF.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Premises where search will be conducted:

Street name and number

Suburb/Town

_____________________________________________________________

AUTHORITY

Being satisfied, by the evidence [on oath] [and] [by affidavit] of the Victorian WorkCover Authority, that there is reasonable ground for suspecting that there are on the premises mentioned above books which are

relevant to the assessment of a premium for the purposes of the Accident

Compensation (WorkCover Insurance) Act 1993,

This Warrant authorises any member of the police force, together with—

Names

(a)	to enter the premises mentioned above (using such force as is necessary for the purpose); and
(b)	to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture
or not, in the premises; and
(c)	to take possession of, or secure against interference, any books that appear to be so relevant; and

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 20

(d)	to deliver any books, possession of which is so taken, into the possession of the Victorian WorkCover Authority, or—
being a person authorised by the Victorian WorkCover Authority to receive them.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

This Warrant is issued under section 70 of the Accident Compensation

(WorkCover Insurance) Act 1993.

Issued 
at:  place by:

signature ..............................

on:  date

name ..............................

at:  time Magistrate

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

RESULT OF SEARCH

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

A. EXECUTION

Warrant executed

at	am/pm	on	/ /
-OR-

This Warrant is returned unexecuted because—

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

B. SERVICE

Accident Compensation (General Amendment) Regulations 1998

r. 20 S.R. No. 88/1998

Copy Warrant

served on— (owner/occupier/person in charge of premises)

of

OR, description
of person on

whom served

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

C.	PROPERTY DAMAGE
Owner/occupier/person	I acknowledge that no damage has been
in charge of premises to	caused to property in the execution of this
sign.	Warrant.
OR, where	-OR-
owner/occupier/person in
charge of premises is	The following damage was caused to property
absent, or declines to sign,	in the execution of this Warrant:
complete "Property damaged" and "Reasons" boxes (including "Nil Damage" where applicable).

Property damaged:	Reasons (if known):
Signed:

(owner/occupier/person in charge of premises)

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 20

WARNING TO PERSONS ON PREMISES

(on Service Copy only)

It is an offence under section 70 of the Accident Compensation

(WorkCover Insurance) Act 1993 for any person—

(a) to refuse to permit any search or seizure pursuant to this Warrant

to be made; or

(b) to assault, oppose, molest or obstruct any person employed or

acting in the execution or under the authority of this Warrant or aiding

or	assisting in its execution.
D.	BOOKS SEIZED (number each item):

If insufficient space, attach additional pages. No. of pages attached:....................

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

E. DELIVERY OF BOOKS SEIZED

I delivered these

books to—

at am/pm on / /

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

F. SIGNATURE OF POLICE MEMBER

Dated:  ....../........./...... Signed:

Name, rank and no.

Station and address

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOTE TO PERSONS EXECUTING WARRANT
Accident Compensation (General Amendment) Regulations 1998

r. 20 S.R. No. 88/1998

Where, pursuant to this Warrant, a person takes possession of, or secures against interference, any books, that person or any person to whose possession they are delivered pursuant to this Warrant—

• may make copies of, or take extracts from, the books;

• may retain possession of the books for such period as is necessary to
enable them to be inspected, and copies of, or extracts from, them to be
made or taken, by or on behalf of the Victorian WorkCover Authority;

• during that period must permit a person who would be entitled to inspect any one or more of those books if they were not in the possession of the first-named person to inspect at all reasonable times such of those books as that person would be so entitled to inspect;

• may retain the original books, or some of them, for a longer period only
where the Magistrate who issued this Warrant makes an order under sub-
section (3B) of section 70 of the Accident Compensation (WorkCover
Insurance) Act 1993.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

RETENTION OF ORIGINAL BOOKS FOR CRIMINAL

PROCEEDINGS

G. BOOKS TO BE RETAINED FOR CRIMINAL

PROCEEDINGS (number each item):

If insufficient space, attach additional pages. No. of pages attached:.....................

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

H. ORDER FOR RETENTION FOR CRIMINAL

PROCEEDINGS

Being satisfied, on application by the Victorian WorkCover Authority, that there is reasonable ground to believe that the physical properties of the abovementioned books, or of the contents of these books, are material evidence in proposed criminal proceedings against—

Name of proposed
defendant(s)

I order that the Victorian WorkCover Authority is authorised to retain possession of these books until the criminal proceedings are concluded.

Accident Compensation (General Amendment) Regulations 1998

S.R. No. 88/1998 r. 20

This Order is made under section 70(3B) of the Accident Compensation

(WorkCover Insurance) Act 1993.

Made	place by:
at:

signature ..............................

on:  date

name ..............................

at:  time Magistrate

".

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Accident Compensation (General Amendment) Regulations 1998

Notes S.R. No. 88/1998

NOTES

1 Reg. 4: S.R. No. 49/1990. Reprinted (No. 1) and subsequently amended by

S.R. No. 155/1996.