Compensation Legislation Amendment Act 2018 (Vic)

Compensation Legislation Amendment Act 2018

No. 1 of 2018

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the Transport Accident Act 1986

3Definitions

4Liability for losses in first five days etc.

5Indexation

6Transitional provision

Part 3—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013

7New section 623K inserted

8Schedule 1 amended

Part 4—Repeal of amending Act

9Repeal of amending Act

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Endnotes

1      General information

Compensation Legislation Amendment Act 2018

No. 1 of 2018

[Assented to 13 February 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Transport Accident Act 1986 to remove the medical excess payable by a person who is injured as a result of a transport accident; and

(b)to amend the Workplace Injury Rehabilitation and Compensation Act 2013 to make further provision in relation to jockeys and apprentice

jockeys.

2Commencement

(1)This Act, except for Part 3, commences on the day after the day on which it receives the Royal Assent.

(2)Part 3 commences on 1 July 2018.

Part 2—Amendments to the Transport Accident Act 1986

3Definitions

In section 3(1) of the Transport Accident Act 1986, in paragraph (b)(i) of the definition of partner, for "sections 43(1D) and" substitute "section".

4Liability for losses in first five days etc.

(1)For section 43(1) of the Transport Accident Act 1986 substitute—

"(1)The Commission is not liable to pay compensation under this Part to an earner injured as a result of a transport accident in respect of loss of earnings during the first five days after the accident or after the injury first manifests itself, whichever last occurs, in respect of which, or any part of which, the earner suffers any loss of earnings as a result of, or materially contributed to by, the injury.".

(2)Section 43(1A), (1B) and (1C) of the Transport Accident Act 1986 are repealed.

(3)In section 43(2) of the Transport Accident Act 1986, for "subsection (1)(a)" substitute "subsection (1)".

5Indexation

(1)In section 61(1) of the Transport Accident Act 1986, omit "section 43(1)(b) or" (where twice occurring).

(2)In section 61(7) of the Transport Accident Act 1986, omit "referred to in section 43(1)(b) or".

6Transitional provision

After Division 10 of Part 11 of the Transport Accident Act 1986 insert—

"Division 11—Compensation Legislation Amendment Act 2018

231Amendment of section 43 (medical excess)

(1)This Act, as amended by Part 2 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

(2)In this section—

amending Act means the Compensation Legislation Amendment Act 2018;

commencement date means the day on which Part 2 of the amending Act comes into operation.".

Part 3—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013

7New section 623K inserted

At the end of Division 15 of Part 13 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"623K   Transitional provision—Compensation Legislation Amendment Act 2018

Schedule 1, as amended by the Compensation Legislation Amendment Act 2018, applies to all injuries occurring on or after the commencement of that Act.".

8Schedule 1 amended

(1)In clause 17(2)(a) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)for "holds a licence, permit or approval to ride" substitute "is a jockey or an apprentice jockey who holds a licence"; and

(b)omit "of Racing Victoria".

(2)In clause 17(3)(a) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)after "race meeting" insert ", or official trial,"; and

(b)omit "of Racing Victoria".

(3)For clause 17(3)(b) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013 substitute—

"(b)who, not being the owner or trainer of the horse to be ridden, is a jockey or an apprentice jockey who holds a licence granted in accordance with the Rules of Racing and who agrees to do ride work for a trainer licensed under the Rules of Racing—

(i)at a location authorised for the holding of a horse race under the Racing Act 1958; or

(ii)at a training venue occupied by a club registered in accordance with the Rules of Racing; or

(iii)at a training venue occupied by a trainer licensed under the Rules of Racing; or

(iv)at a connecting route between any of the training venues referred to in subparagraphs (i) to (iii)—".

(4)In clause 17(3) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)after "to the person" insert ", or to the person's nominee,";

(b) after "participating or doing" insert "(including any prize money)".

(5)For clause 17(4) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013 substitute—

"(4)In this clause—

Racing Victoria has the same meaning as in the Racing Act 1958;

Rules of Racing has the same meaning as in the Racing Act 1958.".

Part 4—Repeal of amending Act

9Repeal of amending Act

This Act is repealed on the first anniversary of the day on which all of its provisions have come into operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it: see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 October 2017

Legislative Council: 2 November 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Accident Act 1986 to remove the medical excess for persons who are injured as a result of a transport accident, to amend the Workplace Injury Rehabilitation and Compensation Act 2013 to make further provision in relation to jockeys and apprentice jockeys and for other purposes."