Untitled document

Accident Compensation (Amendment) Act 1996

Act No. 7/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENT OF ACCIDENT COMPENSATION ACT

1985   3

3.	Amendment of definitions	3
4.	Trainees	4
5.	Amendment of section 21—delegation	5
6.	Amendment of section 22	5
7.	Repeal of spent provision	5
8.	Amendment of section 43—Magistrates' Court jurisdiction	6
9.	Referral for conciliation	6
10.	Amendment of section 50—costs where direction revoked	6
11.	Amendment of section 50—costs on settlement or compromise	7
12.	New section 50A inserted	8
50A. Costs liability of legal practitioner	8
13.	Application of sections 58, 58A and 63	10
14.	New section 63A inserted	10
63A. Advisory functions	10
15.	Amendment of section 65	11
16.	Weekly payments	11
17.	Amendment of section 96—pensions	13
18.	Amendment of section 96—eligible termination payments	14
19.	Amendment of section 96—access to funds	15
20.	New section 96A inserted	15
96A. Notification of entitlement to certain payments	16
21.	Amendment of section 97	18
22.	Section 97(6) substituted	18
23.	Amendment of section 98—loss of hearing	19

i

Section Page

24.	Section 104 substituted	19
104. Claims for compensation under sections 98 and 98A	19
104A. Directions relating to claim for compensation under

sections 98 and 98A 23

25.	Amendment of section 99—Family counselling	26
26.	Amendment of section 99—reasonable costs	27
27.	Amendment of section 112	28
28.	Amendment of section 114D	28
29.	Amendment of section 115	29
30.	Amendment of section 122—application of sub-section (1)	29
31.	Amendment of section 122	30
32.	Amendment of section 135A	30
33.	Amendment of section 135A—"serious injury"	31
34.	Amendment of section 141	32
35.	New section 142D inserted	32
142D. Provision relating to approvals	32
36.	Amendment of section 144	33
37.	Amendment of section 146	33
38.	Amendment of section 148	33
39.	Amendment of section 239	34
40.	Section 239A substituted	34
239A. Certificate	34
41.	Amendment of section 240	34
42.	New section 240A inserted	35
240A. Warrants to enter and search	35
43.	Amendment of section 242	37
44.	Amendment of sections 243 and 244	37
45.	Amendment of section 249	37
46.	Amendment of section 249B	37
47.	New section 250A inserted	38
250A. Offences by bodies corporate	38
48.	Amendment of section 252	39
49.	Indexed amounts substituted	39
50.	Supreme Court—limitation of jurisdiction	41

PART 3—AMENDMENT OF ACCIDENT COMPENSATION

(WORKCOVER INSURANCE) ACT 1993 42

51.	Amendment of section 7	42
52.	Amendment of section 13	43
53.	Amendment of section 16	43
54.	Amendment of section 23	43
55.	Amendment of section 25	43

ii

Section Page

56.	Amendment of section 49	44
57.	Amendment of section 57	44
58.	Statute law revision	45

═══════════════

NOTES 46

iii

Victoria

No. 7 of 1996

Accident Compensation (Amendment)

Act 1996†

[Assented to 25 June 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Accident
Compensation Act 1985 and the Accident
Compensation (WorkCover Insurance) Act
1993.

Accident Compensation (Amendment) Act 1996

s. 2 Act No. 7/1996

2. Commencement

(1) Sections 1, 2 and 32 come into operation on the
day on which this Act receives the Royal Assent.

(2) Section 33 is deemed to have come into operation

on 1 December 1992.

(3) Section 4 is deemed to have come into operation on 1 July 1995.

(4) Subject to sub-section (5), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(5) If a provision referred to in sub-section (4) does

not come into operation within a period of 6
months beginning on, and including, the day on
which this Act receives the Royal Assent, it
comes into operation on the first day after the end
of that period.

_______________
Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 3

PART 2—AMENDMENT OF ACCIDENT COMPENSATION

ACT 1985

3. Amendment of definitions

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

Act 1985 the definition of "accredited interpreter" is repealed.

(2) In section 5(1) of the Accident Compensation Act 1985, in the definition of "medical service"—

(a)	in paragraph (b) for ", spectacle glasses or hearing aids" substitute "or spectacle glasses";
(b)	after paragraph (b) insert— "(ba) the provision and as may be necessary

from time to time (including at the time
of the injury) the repair, adjustment or
replacement of hearing aids of a type
approved by the Authority by a person
or a class of persons approved by the

Authority; and".

(3) The Accident Compensation Act 1985 as

amended by section 3(2) applies to the repair,
adjustment or replacement of hearing aids
provided before the commencement of section
3(2) and to the provision, repair, adjustment or
replacement of all hearing aids provided after that

commencement.

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

Act 1985, in the definition of "remuneration"—

(a) after paragraph (e) insert "and";
(b) after paragraph (f) omit "and".

Accident Compensation (Amendment) Act 1996

s. 4 Act No. 7/1996

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

Act 1985, in the definition of "self-insurer" after
"body corporate" insert "or partnership".

4. Trainees

After section 5(4) of the Accident Compensation
Act 1985 insert—

"(4A) A person who is a participant in a declared training program is deemed to be a worker employed by the person who provides the workplace based training during any time that the person participates in the declared training program after the person who is to provide the workplace based training has

entered into an agreement to provide the
workplace based training.

(4B) The Governor in Council may by Order in

Council published in the Government
Gazette—

(a)

declare a training program which based training to be a declared training program;

(b) specify a class of payments which are deemed to be remuneration paid or payable in respect of a participant in a declared training program.

(4C) A payment which is deemed to be

remuneration paid or payable in respect of a participant in a declared training program is deemed to be remuneration for the purposes of the Accident Compensation Act 1985
and the Accident Compensation
(WorkCover Insurance) Act 1993 paid or
payable by the person who provides the
workplace based training.

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 5

(4D) The Landcare and Environment Action

Program and the New Work Opportunities Program conducted by the Commonwealth of Australia are deemed to have been

declared to be declared training programs. (4E) The training allowance payable to

participants in the Landcare and
Environment Action Program and the New

Work Opportunities Program is deemed—

(a)	to be remuneration paid or payable in respect of a participant in a declared training program; and
(b)	to be remuneration for the purposes of the Accident Compensation Act 1985 and the Accident Compensation
(WorkCover Insurance) Act 1993 paid or payable by the person who provides the workplace based training.".

5. Amendment of section 21—delegation

In section 21 of the Accident Compensation Act
1985—

(a) in sub-section (5) omit "or sub-section (2)"; (b) in sub-sections (6), (8) and (9) omit "or (2)".

6. Amendment of section 22

Sections 22(6) and 22(7) of the Accident

Compensation Act 1985 are repealed.

7. Repeal of spent provision

Sections 38 and 38A of the Accident
Compensation Act 1985 are repealed.

Accident Compensation (Amendment) Act 1996

s. 8 Act No. 7/1996

8.  Amendment of section 43—Magistrates' Court jurisdiction

(1) In section 43(1)(b) of the Accident

Compensation Act 1985 for "$25 000" substitute "$40 000".

(2) In section 43(2) of the Accident Compensation Act 1985 for "52 weeks" substitute "104 weeks".

(3) The Accident Compensation Act 1985 as

amended by this section applies to and in respect
of any proceedings commenced on or after this

Act receives the Royal Assent.

9. Referral for conciliation

(1) In sections 49(a) and 99AA(1)(a) of the Accident

Compensation Act 1985 for "referred to" substitute "referred for".

(2) In sections 49(b)(ii) and 99AA(1)(b)(ii) of the

Accident Compensation Act 1985 for "to conciliation" substitute "for conciliation has been lodged with the Senior Conciliation Officer in accordance with section 55".

10.  Amendment of section 50—costs where direction revoked

(1) After section 50(2A) of the Accident

Compensation Act 1985 insert—

"(2B) If a direction of a Conciliation Officer under

Division 2 of Part III is revoked by the County Court or Magistrates' Court in an application under section 60, unless the County Court or Magistrates' Court has made an order under section 60(4)(b), the County Court or Magistrates' Court must order that the costs of the worker are to be paid by the person who made the application and must not order that the costs of the person who

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 11

made the application be paid by the
worker.".

(2) Section 50 of the Accident Compensation Act

1985 as amended by this section applies in respect
of the revocation of a direction made on or after
the commencement of this section, whether or not
the application was made before, on or after that
commencement.

11.  Amendment of section 50—costs on settlement or compromise

(1) After section 50(3) of the Accident Compensation Act 1985 insert— "(4) If a settlement or compromise is made in

respect of proceedings in the County Court
brought under this Act by a worker or
claimant and the outcome achieved by the
settlement or compromise could have been
achieved by a judgment or decision made by
the Magistrates' Court had the proceedings
been brought in the Magistrates' Court,
sub-sections (5) and (6) apply in respect of
that settlement or compromise.

(5) An agreement must not be entered into in

respect of, or which forms part of, the
settlement or compromise which provides
that the worker or claimant or his or her legal
practitioner is to receive directly or
indirectly from the other party to the
proceedings for or in respect of the legal
practitioner appearing for or acting on behalf
of the worker or claimant in the proceedings,
an amount which exceeds the amount that
the worker or claimant or legal practitioner
could have been awarded if the scale of costs
applicable in the Magistrates' Court applied.

Accident Compensation (Amendment) Act 1996

s. 12 Act No. 7/1996

(6) An agreement which does not comply with

sub-section (5) is void but the validity of the
settlement or compromise is not otherwise
affected.".

(2) Section 50 of the Accident Compensation Act

1985 as amended by this section applies in respect of any settlement or compromise made on or after the commencement of this section.

12. New section 50A inserted

After section 50 of the Accident Compensation

Act 1985 insert—

"50A. Costs liability of legal practitioner

(1) This section is to be construed as being in

addition to, and not in derogation from,
section 78A of the County Court Act 1958.

(2) If the legal practitioner for a party to proceedings before the County Court brought under this Act whether personally or

through a servant or agent, has—

(a) proceedings which could have been

without reasonable cause, caused Magistrates' Court to be commenced in the County Court; or

(b) caused costs to be incurred improperly or without reasonable cause or to be wasted by undue delay or negligence or by any other misconduct or default—

the County Court may make an order as

specified in sub-section (3).

(3) The County Court may order that—

(a) all or any of the costs between the legal practitioner and the client be disallowed or that the legal practitioner repay to

Accident Compensation (Amendment) Act 1996

Act No. 7/1996	s. 12
the client the whole or part of any money paid on account of costs; or

(b)	the legal practitioner pay to the client all or any of the costs which the client has been ordered to pay to any party; or
(c)	the legal practitioner pay all or any of the costs payable by any party other than the client.

(4) Without limiting sub-section (2), a legal

practitioner is in default for the purposes of
that sub-section if any proceeding cannot
conveniently be heard or proceed, or fails or
is adjourned without any useful progress
being made, because the legal practitioner
failed to—

(a)	attend in person or by a proper representative; or
(b)	file any document which ought to have been filed; or
(c)	lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; or
(d)	be prepared with any proper evidence or account; or

(e) otherwise proceed.

(5) The County Court must not make an order

under sub-section (3) without giving the
legal practitioner a reasonable opportunity to
be heard.

(6) The County Court may order that notice of

any proceeding or order against a legal
practitioner under this section be given to the
client in such manner as the County Court
directs.".

Accident Compensation (Amendment) Act 1996

s. 13 Act No. 7/1996

13. Application of sections 58, 58A and 63

(1) In section 58(1) of the Accident Compensation

Act 1985 for "Conciliation Officer's functions"
substitute "functions and powers of a
Conciliation Officer or the Senior Conciliation
Officer".

(2) In section 58A(1) of the Accident Compensation

Act 1985 after "Conciliation Officer" (where secondly occurring) insert "or as the Senior Conciliation Officer".

(3) For section 63(6) of the Accident Compensation

Act 1985 substitute—
"(6) A matter or thing done or omitted to be done

by a member of a Medical Panel or the Convenor of the Medical Panels in the exercise of the functions and powers of a

member of a Medical Panel or the Convenor liability, claim or demand.".

does not, if the matter or thing was done or
omitted in good faith, subject the member of
a Medical Panel or the Convenor of the

14. New section 63A inserted

After section 63 of the Accident Compensation

Act 1985 insert—

"63A. Advisory functions

(1) The Convenor of the Medical Panels—

(a)	must advise the Minister in relation to any matter referred to the Convenor by the Minister; and
(b)	may advise the Minister in relation to the operation and procedures of Medical Panels.

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 15

(2) The Convenor of the Medical Panels may

constitute a Medical Panel consisting of such
number of members as the Convenor
considers appropriate, for the purpose of
providing a report to the Convenor of the
Medical Panels in respect of any matter
referred to the Convenor of the Medical
Panels under sub-section (1)(a).".

15. Amendment of section 65

After section 65(9) of the Accident Compensation Act 1985 insert—

"(10) The Convenor of the Medical Panels and a

member of a Medical Panel has in the performance of his or her duties as the Convenor of the Medical Panels or as a member of a Medical Panel the same

protection and immunity as a Judge of the or her duties as a Judge.".

16. Weekly payments

(1) For section 93B(3) of the Accident

Compensation Act 1985 substitute—
"(3) The worker's entitlement to weekly

payments under this section ceases after the
expiry of the entitlement period within the
meaning of sub-section (3A) unless the

worker—

(a) has a serious injury; or

(b) is totally and permanently
incapacitated.

(3A) For the purposes of sub-section (3),

"entitlement period" means an aggregate
period of 104 weeks (whether consecutive or
not) in respect of which a weekly payment
has been paid or is payable to the worker.".

Accident Compensation (Amendment) Act 1996

s. 16 Act No. 7/1996

(2) In section 93DA of the Accident Compensation

Act 1985 for "104 weeks" substitute "the
entitlement period within the meaning of section
93B(3A)".

(3) In section 114(9) of the Accident Compensation

Act 1985 for "104 weeks of incapacity" substitute "the entitlement period within the meaning of section 93B(3A)".

(4) In section 114B(1)(a) of the Accident

Compensation Act 1985 for "104 weeks of incapacity" substitute "the entitlement period within the meaning of section 93B(3A)".

(5) In section 114B(2) of the Accident

Compensation Act 1985 for "104 weeks of incapacity" (where twice occurring) substitute "the entitlement period within the meaning of section 93B(3A)".

(6) For section 114B(3) of the Accident

Compensation Act 1985 substitute—

"(3) Notwithstanding anything to the contrary in

section 93B(3), until notice is given to a
worker and the date specified in the notice
has expired, the worker is deemed to be
entitled to weekly payments under section
93B in respect of any period after the expiry
of the entitlement period within the meaning
of section 93B(3A) provided that the worker
is but for the expiry of the entitlement period
within the meaning of section 93B(3A)
otherwise entitled to weekly payments.".

(7) For sections 114B(4) and 114B(5) of the Accident

Compensation Act 1985 substitute—
"(4) Sub-sections (1)(b), (2) and (3) do not apply

if the claim for weekly payments is made
within the period of 56 days before the

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 17

expiry of the entitlement period within the

meaning of section 93B(3A).

(5) If sub-section (4) applies and weekly

payments are commenced, the entitlement to
weekly payments in respect of any period
after the expiry of the entitlement period
within the meaning of section 93B(3A) must
be determined in accordance with section

93B(3).".

(8) Despite section 4A of the Accident

Compensation Act 1985—

(a)	the Accident Compensation Act 1985 as in force after the commencement of this section applies in respect of the entitlement of a
worker to weekly payments unless paragraph (b) applies; and
(b)	the Accident Compensation Act 1985 as in force before the commencement of this section continues to apply in respect of the entitlement of a worker to weekly payments where the period of 104 weeks of incapacity has expired before the commencement of this section.

17. Amendment of section 96—pensions

(1) For section 96(1) of the Accident Compensation

Act 1985 substitute—
"(1) The amount of any weekly payment payable

to a worker under this Part must be reduced

by the weekly amount of—

(a) superannuation pension to which the

any disability, retirement or occurrence of the injury whether or not the entitlement arises because of the injury; and

Accident Compensation (Amendment) Act 1996

s. 18 Act No. 7/1996

(b)

any redundancy or severance payment occurrence of the injury.".

(2) Section 96(1) of the Accident Compensation Act

1985 as in force after the commencement of this
section applies to and in respect of all weekly
payments payable to a worker on or after the
commencement of this section.

18.  Amendment of section 96—eligible termination payments

For sections 96(2) and 96(3) of the Accident
Compensation Act 1985 substitute—

"(2) If a worker—

(a)

receives a lump sum amount on of redundancy or severance; or

(b) benefit lump sum amount that is an
eligible termination payment for the
purposes of the Income Tax
Assessment Act 1936 of the
Commonwealth which has not been
deposited with a complying

receives a superannuation or retirement approved deposit fund or used to purchase an eligible annuity within the meaning of section 27A(1) of that Act; or

(c)	withdraws or redeems any part of the amount or the interest on the amount deposited with a complying
superannuation fund or a complying approved deposit fund or used to purchase an eligible annuity within the

Accident Compensation (Amendment) Act 1996

s. 19
s. 20

Act No. 7/1996

meaning of section 27A(1) of that

Act—

the worker is not entitled to weekly
payments under this Part during the specified
period after the date on which he or she
received, withdrew or redeemed the relevant
amount or became eligible to receive weekly
payments, whichever is the later.

(3) The specified period for the purposes of

sub-section (2) is a number of weeks
determined by dividing the amount received,
withdrawn or redeemed by the worker's
pre-injury average weekly earnings as varied
in accordance with section 100.".

19. Amendment of section 96—access to funds

(1) In section 96(2) of the Accident Compensation

Act 1985 for "If" substitute "Except as otherwise provided in sub-section (4), if".

(2) After section 96(3) of the Accident Compensation Act 1985 insert— "(4) If a worker withdraws or redeems any part of

the amount deposited or used under
sub-section (2) which represents the worker's
own contributions for the purpose of an
approved capital expenditure within the
meaning of sub-section (5), sub-section (2)
does not apply in respect of that withdrawal

or redemption.

(5) For the purposes of sub-section (4)

"approved capital expenditure" means self-insurer in accordance with guidelines issued by the Authority.".

capital expenditure approved by the

20.  New section 96A inserted

Accident Compensation (Amendment) Act 1996

Act No. 7/1996

After section 96 of the Accident Compensation

Act 1985 insert—

"96A. Notification of entitlement to certain

payments

(1) If a worker who is claiming weekly

payments under this Part receives a pension
or payment specified in section 96(1) or a
lump sum amount specified in section 96(2),
the worker must within 14 days of first
receiving the pension, payment or lump sum
amount give notice in writing to the person
from whom weekly payments are being
claimed of the nature, source and amount of
the pension, payment or lump sum amount.

(2) If a worker has received or is receiving a

pension or payment specified in section
96(1) or a lump sum amount specified in
section 96(2) or has withdrawn or redeemed
any part of the amount deposited or used
under section 96(2) at the time that the
worker makes a claim for the payment of
weekly payments under this Part, the worker
must give notice in writing of the nature,
source and amount of the pension, payment
or lump sum amount or of the withdrawal or
redemption at the same time that the claim is
given, served or lodged.

(3) A worker required to give notice in writing under sub-section (1) or (2) must within 14 days give notice in writing to the person

from whom weekly payments are being
claimed if there is any change in the amount
of the pension, payment or lump sum amount
or if he or she withdraws or redeems any part
of the amount deposited or used under
section 96(2).

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 20

(4) If an employer (not being a self-insurer or a subsidiary of a self-insurer) against whom a worker is claiming weekly payments under this Part becomes aware that the worker is, or may be, entitled to a pension or payment specified in section 96(1) or a lump sum

amount specified in section 96(2), the
employer must within 28 days of becoming
so aware give notice in writing to the
relevant authorised insurer or, if there is no
relevant authorised insurer, to the Authority,
of the entitlement.

(5) If an employer (not being a self-insurer or a subsidiary of a self-insurer) against whom a worker makes a claim for the payment of

weekly payments under this Part is at the
time that the worker makes the claim aware
that the worker is, or may be, entitled to a
pension or payment specified in section
96(1) or a lump sum amount specified in
section 96(2), the employer must within 28
days of the making of the claim give notice
in writing to the relevant authorised insurer
or, if there is no relevant authorised insurer,

to the Authority, of the entitlement.

(6) A reference in this section to claiming

weekly payments includes making a claim,
or claiming to be entitled to weekly
payments, or receiving weekly payments.

(7) A person who fails to comply with this

section is guilty of an offence.
Penalty: 10 penalty units.".

Accident Compensation (Amendment) Act 1996

s. 21 Act No. 7/1996

21. Amendment of section 97

(1) After section 97(2) of the Accident
Compensation Act 1985 insert—

"(2AA) If a worker ceases to reside in Australia and

subsequently claims to be entitled to the
payment of weekly payments, the worker
must in addition to establishing his or her
entitlement satisfy the Authority, authorised
insurer or self-insurer that the worker has a
serious injury or is totally and permanently
incapacitated or both.".

(2) In section 97(3) of the Accident Compensation Act 1985 for "who ceases to reside in Australia" substitute "to whom sub-section (2) or (2AA)

applies".

(3) After section 97(4) of the Accident

Compensation Act 1985 insert—

"(4A) Despite sub-section (4), the Authority,

authorised insurer or self-insurer is entitled
to set-off against any weekly payments to
which a worker is entitled any amount of
compensation in the form of weekly
payments previously paid to the worker if
the worker was not entitled to receive that
amount of compensation by virtue of section
96(1) or 96(2) and the worker has failed to
give any notice in writing required under

section 96A.".

22. Section 97(6) substituted

For section 97(6) of the Accident Compensation
Act 1985 substitute—

"(6) If a worker is entitled to receive weekly

payments under the Workers
Compensation Act 1958 and under this Act

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 23

at the same time, the sum of the rate of the rate of the weekly payments under this Act must not exceed the maximum rate of weekly payments specified in this Part and the amount of weekly payments payable under this Act is reduced accordingly.".

weekly payments received under the

23. Amendment of section 98—loss of hearing

(1) In section 98(2AB) of the Accident

Compensation Act 1985 omit "on the
recommendation of the convenor of the Medical

Panels".

(2) After section 98(2AB) of the Accident
Compensation Act 1985 insert—

"(2AC) An approval by the Minister for the purposes of sub-section (2AB)(a)(i) continues in force for the period not exceeding 12 months as is specified by the Minister in the approval

unless revoked by the Minister.".

(3) Section 98 of the Accident Compensation Act

1985 as amended by this section applies in respect
of all determinations made on or after the
commencement of this section.

24. Section 104 substituted

(1) For section 104 of the Accident Compensation Act 1985 substitute—

"104. Claims for compensation under sections 98

and 98A

(1) In addition to the requirements under section 103, a claim for compensation under section 98 or 98A must be given, served or lodged

with a copy of all the medical reports—

Accident Compensation (Amendment) Act 1996

s. 24 Act No. 7/1996

(a)	which the claimant intends to tender in any proceedings relating to the claim; or
(b)	intends to adduce in evidence in support of the entitlement of the claimant to compensation or as evidence of the extent of any relevant loss, impairment, disfigurement or pain

the substance of which the claimant relating to the claim.

(2) The Authority, authorised insurer or

self-insurer must within 60 days of receiving

the claim—

(a) accept or reject the claim; and

(b) advise the claimant of the decision; and

(c)	if the decision is to accept the claim, advise the claimant of its offer based on its determination of the worker's entitlement to compensation; and
(d)	give the claimant a copy of all the medical reports—

(i)  which the Authority, authorised insurer or self-insurer intends to tender in any proceedings relating

to the claim; or

(ii) Authority, authorised insurer or
self-insurer intends to adduce in

the substance of which the relating to the claim.

(3) If the claimant disputes the decision in

respect of the claim, the claimant must not commence proceedings unless the claimant first refers the dispute for conciliation by a

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 24

Conciliation Officer in accordance with sub-section (8).

Division 2 of Part III and the Conciliation

(4) If the Conciliation Officer considers that it is

necessary for the purpose of settling the dispute, the Conciliation Officer may—

(a)	obtain a medical report in relation to the worker from a medical practitioner appointed under section 63(2);
(b)	request the worker to submit to a medical examination conducted by that medical practitioner.

(5) The costs of any medical report and medical examination under sub-section (4) are to be paid by the Authority, authorised insurer or self-insurer.

(6) The Conciliation Officer must serve a copy

of a medical report obtained under sub-
section (4) with the certificate under sub-
section (8).

(7) If the Conciliation Officer is satisfied that all

reasonable steps have been taken by the
claimant to settle the dispute, the
Conciliation Officer must issue a certificate
under
sub-section (8).

(8) The certificate must—

(a)	certify that all reasonable steps have been taken by the claimant to settle the dispute; and
(b)

identify all copies of medical reports sub-sections (1) and (2) and any

Accident Compensation (Amendment) Act 1996

s. 24	Act No. 7/1996
medical report obtained under sub- section (4); and

(c)	if any medical question has been referred by the Conciliation Officer under section 56(6) for an opinion by a Medical Panel, specify that opinion; and
(d)	be served by post on all the parties to the dispute.

(9) The Authority, authorised insurer or

self-insurer must within 14 days after the
certificate has been served on the Authority,
authorised insurer or self-insurer make a
final offer in writing in settlement or
compromise of the claim.

(10) If any medical question has been referred by the Conciliation Officer under section 56(6) for an opinion by a Medical Panel, the final offer must be consistent with that opinion.

(11) If the Authority, authorised insurer or

self-insurer fails to comply with sub-section
(9), the Authority, authorised insurer or
self-insurer is deemed to have made a final

offer of nothing.

(12) A party to any proceedings relating to a

claim for compensation under section 98 or 98A cannot in evidence submit any medical evidence or tender a medical report or
adduce evidence dependent on a medical
report unless that evidence is disclosed by a
medical report a copy of which has been
provided to the other party in accordance
with sub-section (1) or (2) or a copy of
which has been provided in accordance with
sub-section (8).

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 24

(13) Sub-section (12) does not affect the

admissibility of the opinion of the Medical
Panel.

(14) For the purposes of this section if a medical report was oral, a copy of the medical report is to be taken to have been provided to the

other party in accordance with sub-section
(1) or (2) if notice in writing of the substance
of the medical report is provided to the other
party in accordance with sub-section (1) or

(2).

(15) In this section—

"medical report"—

(a) means a statement on medical matters concerning the worker whether in writing or oral made

by a medical practitioner; and

(b) medical practitioner intends
should be read with a statement
whether the document was in
existence at the time the statement
was made or was a document
which he or she obtained or

includes any document which the existence subsequently.

104A. Directions relating to claim for

compensation under sections 98 and 98A

(1) For the purposes of section 104, the Minister

may issue directions for or with respect to procedures for the resolution of disputes in connection with claims for compensation
under sections 98 and 98A.

(2) The directions must be published in the Government Gazette.

Accident Compensation (Amendment) Act 1996

s. 24 Act No. 7/1996

(3) The directions apply to claims for

compensation under sections 98 and 98A
given, served or lodged after the publication

of the directions.

(4) The parties to a dispute and their legal

practitioners and agents must comply with
the directions.

(5) The directions may specify that the failure to

comply with a particular provision of the
directions has the effect of suspending the
claim or any proceeding relating to the claim
until the provision is complied with.".

(2) In section 50(2A) of the Accident Compensation

Act 1985 for "98B" (where twice occurring) substitute "104".

(3) Section 98B of the Accident Compensation Act 1985 is repealed.

(4) The Accident Compensation Act 1985 as in

force before the commencement of this section
continues to apply to any claim for compensation
under section 98 or 98A of that Act which was
given, served or lodged before that
commencement if—

(a)	before that commencement the claim has been referred to a Medical Panel under section 104(3) of the Accident Compensation Act 1985 and the claimant has submitted to a medical examination in accordance with section 65 of that Act; or
(b)

before that commencement any proceedings the Accident Compensation Act 1985 in respect of the claim.

(5) The Accident Compensation Act 1985 as in force on the commencement of this section applies

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 24

to claims for compensation under section 98 or
98A of that Act which were given, served or
lodged before the commencement and to which
sub-section (4) does not apply with the following

modifications—

(a) if within the period specified under section 104(2) of that Act as in force before that commencement, the authorised insurer, Authority or self-insurer has complied or has failed to comply with that section and the claim has not been referred to a Medical Panel under section 104(3) of that Act as in force before that commencement or has been so referred but the claimant has not submitted to a medical examination in accordance with section 65 of that Act, as if for section 104(3) there were substituted— "(3) Notwithstanding sub-sections (1) and

(2), any copies of medical reports provided to the other party by the Authority, authorised insurer or

self-insurer or the worker within 120 days of the commencement of section 24 of the Accident Compensation
(Amendment) Act 1996 are to be taken
to have been provided in accordance

with sub-section (1) or (2).

(3A) The claimant must not commence

proceedings in respect of the claim unless before the expiry of 30 days after the period specified in sub-section

(3) the dispute has first been referred of Part III and the Conciliation Officer has issued a certificate under sub- section (8).";

for conciliation by a Conciliation

Accident Compensation (Amendment) Act 1996

s. 25 Act No. 7/1996

(b) of that Act as in force before that
commencement has not expired and the
authorised insurer, Authority or self-insurer

if the period specified under section 104(2) after section 104(1) there were inserted—

"(1A) Notwithstanding sub-section (1),

any copies of medical reports
provided to the Authority,
authorised insurer or self-insurer
by the worker within 60 days of
the commencement of section 24
of the Accident Compensation
(Amendment) Act 1996 are to be
taken to have been provided to
the other party in accordance with
sub-section (1).";

in section 104(2) for "60 days of receiving the claim" there were substituted "120 days of the commencement of section 24 of the

Accident Compensation (Amendment) Act
1996".

(6) The Accident Compensation Act 1985 as in

force on the commencement of this section applies
to claims for compensation under section 98 or
98A of that Act which are given, served or lodged
on or after the commencement.

25. Amendment of section 99—Family counselling

(1) After section 99(1)(a) of the Accident

Compensation Act 1985 insert—

"(aa) where death results from the injury or the

injury is a prescribed injury the reasonable
costs incurred in Australia of family
counselling services provided to family
members by a medical practitioner or

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 26

registered psychologist not exceeding $1530
in respect of that death or injury; and".

(2) After section 99(1) of the Accident Compensation Act 1985 insert— '(1A) In sub-section (1)(aa), "family member"

means a spouse, parent, sibling or child of
the worker.

(1B) Regulations under this Act may prescribe an injury to be a prescribed injury by reference to the degree of impairment resulting from

the injury or the seriousness or severity of

the injury.'.

26. Amendment of section 99—reasonable costs

(1) After section 99(2)(b) of the Accident

Compensation Act 1985 insert—

"(ba) any guidelines issued by the Authority in

respect of that service or provision;".

(2) After section 99(2) of the Accident

Compensation Act 1985 insert—

"(2A) Guidelines issued for the purposes of

sub-section (2)(ba) may include transitional
provisions in respect of the application of the
guidelines to services or provisions without
regard to when the injury occurred.".

(3) Section 99B of the Accident Compensation Act 1985 is repealed.

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

Act 1985, in the definition of "occupational rehabilitation service", after "following services" insert "provided by a person who is approved by the Authority as a provider of an occupational rehabilitation service".

(5) The Accident Compensation Act 1985 as in force on the commencement of this section applies

Accident Compensation (Amendment) Act 1996

s. 27 Act No. 7/1996

to services or provisions rendered on or after that

commencement.

27. Amendment of section 112

(1) For section 112(1) of the Accident

Compensation Act 1985 substitute—
"(1) The authorised insurer, Authority or a

self-insurer may require a worker who has
made a claim for compensation to submit at
reasonable intervals to an examination by an
independent medical examiner provided and
paid for by the authorised insurer, Authority

or self-insurer.".

(2) After section 112(4) of the Accident

Compensation Act 1985 insert—

'(5) In this section "independent medical

examiner" means—

(a) a medical practitioner; or

(b) a registered physiotherapist; or

(c) a registered chiropractor and osteopath; or

(d) a registered psychologist—

approved by the Authority for the purposes

of this section.'.

28. Amendment of section 114D

In section 114D(4) of the Accident
Compensation Act 1985 for "the
commencement" substitute "making the
payment".

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 29

29. Amendment of section 115

(1) In section 115(1) of the Accident Compensation

Act 1985 omit "to the Authority, authorised insurer or self-insurer".

(2) After section 115(1) of the Accident

Compensation Act 1985 insert—

"(1A) An application under this section must be

made—

(a) if the liability to pay compensation lies with a self-insurer, to the self-insurer; or

(b) in any other case, to the Authority.".

(3) In section 115(2) of the Accident Compensation
Act 1985 for ", authorised insurer or self-insurer"
substitute "or self-insurer (as the case may be)".
(4) In section 115(5) of the Accident Compensation

Act 1985 for ", authorised insurer or self-insurer"

(where twice occurring) substitute "or self-
insurer (as the case may be)".

(5) Section 115 of the Accident Compensation Act

1985 as in force before the commencement of this
section continues to apply to applications made
under that section before that commencement.

(6) Section 115 of the Accident Compensation Act

1985 as in force on the commencement of this section applies to applications which are made under that section on or after that commencement.

30.  Amendment of section 122—application of sub-section (1)

In section 122(2) of the Accident Compensation Act 1985 for "suitable employment in accordance with that sub-section" substitute "employment in accordance with sub-section (1)(a) or suitable

Accident Compensation (Amendment) Act 1996

s. 31 Act No. 7/1996

employment in accordance with sub-section

(1)(b)".

31. Amendment of section 122

After section 122(3) of the Accident
Compensation Act 1985 insert—

"(4) The Authority must not commence

proceedings against an employer under

section 242(1) unless—

(a)

the Authority has given the employer notice in writing that the Authority intends to file a charge against the employer for failing to comply with sub-section (1) unless within the period of 60 days after service of the notice the employer can demonstrate to the Authority's satisfaction that it was not possible for the employer to comply with sub-section (1) at the time of the alleged offence; and

(b)

provide any information or sufficient information to demonstrate to the

the employer fails within that period to possible for the employer to comply with sub-section (1).

(4A) Sub-section (2) does not apply if the

Authority has given notice in writing under sub-section (4).".

32. Amendment of section 135A

(1) After section 135A(2) of the Accident

Compensation Act 1985 insert—

"(2A) Subject to sub-section (2D), a worker may

not bring proceedings in accordance with this section unless a determination of the

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 33

degree of impairment of the worker has been

made under sub-section (3).

(2B) Subject to sub-section (2C), the Authority,

authorised insurer or self-insurer must make a determination under sub-section (3) within 60 days of receiving a written application for a determination from the worker.

(2C) Despite sub-section (2B), if the application is

received during the first 104 weeks after the
injury, the Authority, authorised insurer or
self-insurer may refuse to make a
determination if the Authority, authorised
insurer or self-insurer is not satisfied that the
worker's injury has stabilised.

(2D) If the Authority, authorised insurer or self-insurer has not within 60 days of receiving the application advised the worker

in writing—

(a) of the determination; or

(b) of the refusal to make a determination under sub-section (2C)—

the worker is entitled to bring proceedings in accordance with this section and to have the question of whether or not the injury in

respect of which the worker is seeking to
receive damages is a serious injury
determined in the proceedings.".

(2) Section 135A of the Accident Compensation Act 1985 as amended by this section applies in respect of any proceedings brought on or after the

commencement of this section.

33. Amendment of section 135A—"serious injury"

(1) After section 135A(3) of the Accident
Compensation Act 1985 insert—
Accident Compensation (Amendment) Act 1996

s. 34 Act No. 7/1996

"(3A) A decision by the Authority, authorised

insurer or self-insurer that a worker has a serious injury for the purposes of section 93B is not to be taken to be a determination
for the purposes of sub-section (3) unless the
decision specifically states that it is to be
taken to be a determination for the purposes
of sub-section (3).".

(3) This section does not affect the rights of the parties in any proceedings commenced and determined before 16 May 1996.

34. Amendment of section 141

(1) After section 141(1) of the Accident
Compensation Act 1985 insert—

"(1A) For the purposes of this section if a holding

company satisfies the requirements of
sub-section (2) but does not itself employ
any workers, the holding company is deemed
to be an employer.".

(2) In section 141(2)(a) of the Accident

Compensation Act 1985 for "by it and each of its subsidiaries is not less than 500" substitute "on a full-time basis by it and each of its subsidiaries is not less than 500 or if it does not employ any
workers in Victoria, the sum of the number of
workers in Victoria employed on a full-time basis

by each of its subsidiaries is not less than 500".

35. New section 142D inserted

After section 142C of the Accident Compensation Act 1985 insert—

"142D. Provision relating to approvals

(1) If any of the requirements for approval as a

self-insurer cease to be met during the period
of approval, the approval as a self-insurer
may be revoked in accordance with this Part.

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 36

(2) An approval as a self-insurer—

(a)	may take effect from a date after the approval is given as is specified in the approval;
(b)	may be subject to compliance with a condition precedent determined by the Authority.

(3) An approval as a self-insurer may be subject

to a term or condition which relates to the applicant before the applicant becomes a self-insurer.

(4) This section applies in respect of any

approval under this Part, whether made
before, on or after the commencement of
section 35 of the Accident Compensation

(Amendment) Act 1996.".

36. Amendment of section 144

In section 144 of the Accident Compensation
Act 1985 for "intention to refuse" substitute
"Authority's intention to recommend that the

Minister refuse".

37. Amendment of section 146

Sections 146(2) and 146(3) of the Accident

Compensation Act 1985 are repealed.

38. Amendment of section 148

In section 148(2) of the Accident Compensation

Act 1985—

(a)	for "applies shall give notice to the Minister of the occurrence of circumstances referred to in that sub-section" substitute "or (3)
applies must give notice of the occurrence of any of the circumstances referred to in sub-section (1) or (3) to the Authority within

Accident Compensation (Amendment) Act 1996

s. 39 Act No. 7/1996

28 days of the occurrence of the

circumstances";

(b) at the end of the sub-section insert— "Penalty: 100 penalty units".

39. Amendment of section 239

After section 239(1)(d) of the Accident
Compensation Act 1985 insert—

"; or

(e) in the case of paragraph (a), determining whether any of the provisions of this Act or the Accident Compensation (WorkCover Insurance) Act 1993 are being contravened.".

40. Section 239A substituted

For section 239A of the Accident Compensation

Act 1985 substitute—

"239A. Certificate

A certificate purporting to be signed by an officer or employee of the Authority certifying as to the prescribed particulars relating to amounts (including amounts of compensation) paid or payable by the Authority or an authorised insurer under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 is evidence of the matters stated in the certificate and, in the absence of evidence to the contrary, is proof of those matters.".

41. Amendment of section 240

In section 240(1) of the Accident Compensation

Act 1985—

(a) after "may" insert "with an interpreter or such other assistance as the person requires";

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 42

(b) in paragraph (a) omit "with an interpreter or such other assistance as the person requires,";

42. New section 240A inserted

After section 240 of the Accident Compensation

Act 1985 insert—

"240A. Warrants to enter and search

(1) If a magistrate is satisfied, by the evidence

there is reasonable ground for suspecting that
there are on particular premises any books
which are relevant in determining whether
any of the provisions of this Act or the

on oath or by affidavit of the Authority, that Insurance) Act 1993 are being contravened, the magistrate may issue a warrant authorising any member of the police force together with any other person named in the warrant—

(a)

to enter those premises (using such force as is necessary for the purpose);

(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;

(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 Authority or a person authorised by the Authority to receive them.

Accident Compensation (Amendment) Act 1996

s. 42 Act No. 7/1996

(2) A warrant under sub-section (1) must be in

the prescribed form and must not be granted
except in accordance with sub-section (1).

(3) Where, under this section, a person takes

possession of, or secures against
interference, any books, that person or any
person to whose possession they are
delivered under sub-section (1)(d)—

(a)	may make copies of, or take extracts from, the books;
(b)	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 Authority; and
(c)	who would be entitled to inspect any one or more of those books if they

during that period must permit a person first-mentioned person to inspect at all reasonable times such of those books as that person would be so entitled to inspect.

(4) A person must not—

(a)	refuse to permit any such search or seizure as is referred to in this section to be made; or
(b)	assault, oppose, molest or obstruct any person employed or acting in the execution or under the authority of such warrant or aiding or assisting in the execution thereof.
Penalty:  25 penalty units or imprisonment for 6 months.".

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 43

43. Amendment of section 242

In section 242(4)(a) of the Accident
Compensation Act 1985 for "102" substitute

"101".

44. Amendment of sections 243 and 244

(1) In section 243 of the Accident Compensation Act 1985 after sub-section (2)(c)(ib) insert— "(ii) the Guardianship and Administration Board;

(iii) the Public Advocate;

(iiia) the Commissioner of State Revenue;".

(2) In section 244(2)(c) of the Accident

Compensation Act 1985 for sub-paragraphs (ii)
and (iii) substitute—

"(ii) the Commissioner of State Revenue;".

45. Amendment of section 249

In section 249(2)(d) of the Accident
Compensation Act 1985 for "114(1)" substitute

"111(1)".

46. Amendment of section 249B

After section 249B(3) of the Accident
Compensation Act 1985 insert—

"(3A) Section 21A of the Evidence Act 1958

applies to and in relation to a review under
sub-section (3) as if the Authority or a
delegate of the Authority conducting the
review were the sole Commissioner issued
with a commission by the Governor in
Council.".

Accident Compensation (Amendment) Act 1996

s. 47 Act No. 7/1996

47. New section 250A inserted

After section 250 of the Accident Compensation

Act 1985 insert—

'250A. Offences by bodies corporate

(1) If an offence against this Act or the Accident Compensation (WorkCover Insurance) Act 1993 committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the body corporate or person purporting to act as such an officer, that officer or person is also guilty of that offence and liable to the penalty for that offence.

(2) If in any proceedings for an offence under

this Act or the Accident Compensation (WorkCover Insurance) Act 1993 it is necessary to establish the intention of a body
corporate it is sufficient to show that a
servant or agent of the body corporate had
that intention.

(3) In sub-section (1) "officer" in relation to a body corporate means—

(a)	a director, secretary or executive officer of the body corporate; or
(b)	any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to

act; or

(c) a person concerned in the management of the body corporate.'.

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 48

48. Amendment of section 252

(1) In section 252 of the Accident Compensation Act 1985, in sub-sections (1)(b) and (1)(d) for "lay informations" substitute "file charges".

(2) For section 252(4) of the Accident

Compensation Act 1985 substitute—
"(4) Despite any law to the contrary, proceedings

may be instituted for an offence against—

(a)	section 242(4)(d), 242(5), 248, 248A or 249, within 3 years after the alleged offence occurred;
(b)	section 242(1), 242(3), 242(4)(b) or 242(4)(c) of this Act or section 7 or 57(5) of the Accident Compensation
(WorkCover Insurance) Act 1993 which is alleged to have occurred on or after the commencement of section 48 of the Accident Compensation (Amendment) Act 1996, within 3 years after the alleged offence occurred.".

49. Indexed amounts substituted

In the Accident Compensation Act 1985—

(a) 93A(2)(b)(ii), 93B(1)(a)(i)(B),
93B(1)(a)(ii)(B), 93B(1)(b)(ii),

in sections 5A(8), 5A(9)(b)(ii), 93A(2)(a)(ii), 93C(1)(c)(ii) for "$603" substitute "$650";

(b)	in sections 92(2)(a), 92(3) and 92(4) for "$100 000" substitute "$128 420";
(c)	in section 92(2)(b) for the amounts of compensation in Column 2 substitute in descending order—

Accident Compensation (Amendment) Act 1996

s. 49	Act No. 7/1996
"$24 470 $22 870 $21 310 $19 720 $18 140 $16 540 $14 970 $13 410 $11 840 $10 260 $ 8 690 $ 7 120 $ 5 530 $ 5 530";

(d)	in sections 93B(1)(c)(ii) and 93C(1)(d)(ii) for "$362" substitute "$390";
(e)	in sections 98(1)(a), 98(1)(b) and 98(3) for "$93 080" substitute "$100 300";
(f)	in section 98A(1) for "$50 000" substitute "$53 880";
(g)	in section 98A(2) for "$10 000" substitute "$10 770"
(h)	in section 99(5) for "$317" (where twice occurring) substitute "$407";

(i)  in section 125(1)(a)(iii) for "$250" substitute "$407";

(j) in section 125A(3)(c) for "$378" substitute "$407";

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 50

(k)	in section 129B(7) for "$5700" substitute "$8090";
(l)	in sections 135A(7)(a)(i) and 135A(7)(b)(i) for "$29 860" substitute "$32 170".
(m)	in section 135A(7)(a)(ii) for "$671 960" substitute "$724 070";
(n)	in section 135A(7)(b)(ii) for "$298 640" substitute "$326 380".

50. Supreme Court—limitation of jurisdiction

(1) In section 63(1)(d) of the Accident

Compensation (WorkCover) Act 1992 after
"1994" (where last occurring) insert "and as
amended by sections 32 and 33 of the Accident
Compensation (Amendment) Act 1996".

(2) In section 85(9) of the Constitution Act 1975

after "1994" insert "and as amended by section
50(1) of the Accident Compensation
(Amendment) Act 1996".

_______________
Accident Compensation (Amendment) Act 1996

s. 51 Act No. 7/1996

PART 3—AMENDMENT OF ACCIDENT COMPENSATION

(WORKCOVER INSURANCE) ACT 1993

51. Amendment of section 7

(1) In section 7(1) of the Accident Compensation

(WorkCover Insurance) Act 1993 for "has paid
or is liable to pay rateable remuneration exceeding
the exemption limit" substitute "employs a
worker within the meaning of section 5(1) of the
Accident Compensation Act 1985".

(2) For section 7(1A) of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute—
"(1A) Subject to sub-section (1B), sub-section (1)
does not apply in respect of a financial year

or part of a financial year during which the

employer has reasonable grounds for
believing that the total rateable remuneration
that the employer is or will be liable to pay
during that financial year does not exceed
the exemption limit.

(1B) Sub-section (1A) does not operate to exclude

the application of sub-section (1) to an
employer who employs an apprentice within
the meaning of section 5(1) of the Accident
Compensation Act 1985.".

(3) For section 7(4) of the Accident Compensation
(WorkCover Insurance) Act 1993 substitute—
"(4) An employer in respect of which sub-section

(1A) applies is deemed to have in force a policy of insurance under sub-section (1) with the Authority for the purposes of this

Act during the period in respect of which sub-section (1A) applies.".

(4) Section 7 of the Accident Compensation

(WorkCover Insurance) Act 1993 as amended

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 52

by this section applies to and in respect of the
financial year commencing on 1 July 1996 and to

each subsequent financial year.

(5) For section 55(2)(a) of the Accident

Compensation (WorkCover Insurance) Act
1993 substitute—

"(a) in respect of which section 7(1A) applies;

or".

(6) In section 57(1) of the Accident Compensation (WorkCover Insurance) Act 1993 for "whose rateable remuneration at the time of the relevant injury did not exceed the exemption limit"

substitute " in respect of which at the time of the

relevant injury section 7(1A) applies".

52. Amendment of section 13

In section 13 of the Accident Compensation
(WorkCover Insurance) Act 1993 after "had"

insert "or did not have".

53. Amendment of section 16

In section 16(1)(c) of the Accident
Compensation (WorkCover Insurance) Act

1993 for "issued" substitute "which is in force".

54. Amendment of section 23

In section 23(3) of the Accident Compensation
(WorkCover Insurance) Act 1993 after "comply

with" insert "a notice received under".

55. Amendment of section 25

(1) In section 25(1) of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) in paragraph (a) for ", 20 or 23" substitute "or 20 or a notice received under section 23(1) or 23(2)";

Accident Compensation (Amendment) Act 1996

s. 56 Act No. 7/1996

(b)	in paragraph (c) for "23(3)" substitute "23(4)";
(c)	any)" substitute "calculated on the basis of the employer's rateable remuneration

for "previously estimated or assessed (if as the case requires".

(2) For section 25(3) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute— "(3) The Authority may remit the whole or any

part of any default penalty imposed under
this section.

(4) An authorised insurer may, in accordance

with guidelines issued by the Authority,
remit the whole or any part of any default
penalty imposed under this section.".

56. Amendment of section 49

After section 49(4) of the Accident
Compensation (WorkCover Insurance) Act
1993 insert—

'(5) This section extends to the Authority in

respect of any rights under re-insurance
arrangements entered into under section 34
as if a reference to "appropriate policy
holders" includes a reference to the

Authority.'.

57. Amendment of section 57

After section 57(4) of the Accident
Compensation (WorkCover Insurance) Act
1993 insert—

"(5) An employer must not fail to comply with

sub-section (2).

Accident Compensation (Amendment) Act 1996

Act No. 7/1996 s. 58

Penalty:  10 penalty units for a first offence.
20 penalty units for a second or
subsequent offence.".

58. Statute law revision

In the Accident Compensation (WorkCover

Insurance) Act 1993—

(a)	in section 54(3) for "a authorised" substitute "an authorised";
(b)	in section 65(2)(a) for "the Act" substitute "this Act";
(c)	in section 66(1)(g) for "or substantially influence the exercise of" substitute ", or substantially influence the exercise of,";
(d)	in section 70(1)(d) for "delivery" substitute "deliver";

(e) in section 72(2)(c) after "(c)" insert "may"; (f) in section 72(2)(d) after "(d)" insert "may".

═══════════════
Accident Compensation (Amendment) Act 1996

Notes Act No. 7/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 May 1996

Legislative Council: 5 June 1996

The long title for the Bill for this Act was "to amend the Accident
Compensation Act 1985 and the Accident Compensation (WorkCover

Insurance) Act 1993 and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 5 June 1996

Legislative Council: 20 June 1996