Untitled document

Treasury and Finance Legislation Amendment Act 2016

No. 41 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment to the Workplace Injury Rehabilitation and Compensation Act 2013

3Twice the State average weekly earnings

Part 3—Amendment to the Accident Compensation Act 1985

4Twice State average weekly earnings

Part 4—Amendments to the Occupational Health and Safety Act 2004

5Duty not to recklessly endanger persons at workplaces

6Regulations

Part 5—Repeal of amending Act

7Repeal of amending Act

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Endnotes

1      General information

Treasury and Finance Legislation Amendment Act 2016

No. 41 of 2016

[Assented to 28 June 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend—

(a)the Workplace Injury Rehabilitation and Compensation Act 2013; and

(b)the Accident Compensation Act 1985; and

(c)the Occupational Health and Safety Act 2004—

to further improve the operation of those Acts.

2Commencement

(1)This Act, except for Parts 2 and 3, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Parts 2 and 3 are taken to have come into operation on 1 July 2014.

Part 2—Amendment to the Workplace Injury Rehabilitation and Compensation Act 2013

3Twice the State average weekly earnings

After section 159(3) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"(4)For the purposes of this section—

(a)a person who becomes entitled, in relation to a financial year, to an amount at the rate of the whole or a part of twice the State average weekly earnings; and

(b)in that financial year, the amount of State average weekly earnings is reduced in respect of the previous financial year—

the person's entitlement, in respect of that financial year, is to be calculated using the amount of State average weekly earnings in the last preceding financial year in which the State average weekly earnings was not reduced.".

Part 3—Amendment to the Accident Compensation Act 1985

4Twice State average weekly earnings

After section 91EA(3) of the Accident Compensation Act 1985 insert—

"(4)For the purposes of this section—

(a)a person who becomes entitled, in relation to a financial year, to an amount at the rate of the whole or a part of twice the State average weekly earnings; and

(b)in that financial year, the amount of State average weekly earnings is reduced in respect of the previous financial year—

the person's entitlement, in respect of that financial year, is to be calculated using the amount of State average weekly earnings in the last preceding financial year in which the State average weekly earnings was not reduced.".

Part 4—Amendments to the Occupational Health and Safety Act 2004

5Duty not to recklessly endanger persons at workplaces

In section 32(b) of the Occupational Health and Safety Act 2004, for "9000" substitute "20 000".

6Regulations

In section 158(1)(c) of the Occupational Health and Safety Act 2004, after "as trainers" insert "and assessors".

Part 5—Repeal of amending Act

7Repeal 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: 9 March 2016

Legislative Council: 5 May 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Workplace Injury Rehabilitation and Compensation Act 2013, the Accident Compensation Act 1985 and the Occupational Health and Safety Act 2004 to further improve the operation of those Acts and for other purposes."