Untitled document
Transport Accident and Accident Compensation Legislation Amendment Act 2010
No. 80 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Transport Accident Act 1986
3No liability to pay compensation in certain circumstances
4Compensation not payable or reduced
5Determination of impairment
6New section 56A inserted
56ARedemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents
7Medical and like benefits
8Form of claim
9Time for making claim
10Actions for damages
11New section 93A inserted
93AAbolition of per quod servitium amisit
12Access to documents
126BUse of documents relating to claims
13New section 132D inserted
132DSupreme Court—limitation of jurisdiction
14New Division 6 inserted in Part 11
Division 6—Transport Accident and Accident Compensation Legislation Amendment Act 2010
199Definitions
200Section 39 (No entitlement to compensation)
201Section 40 (Compensation not payable)
202Section 46A (Degree of impairment)
203Section 60 (Medical and like benefits)
204Section 68 (Time for making claims)
205Section 93 (Actions for damages)
Part 3—Accident Compensation Act 1985
Division 1—General Amendment of Part I
15New Division in Part I
"Division 1—General".
16New section 3A inserted
3AAct binds the Crown
17Amendment of section 5(1)
18Consequential amendments relating to professional service
19Amendment of section 5
20Further amendment of section 5
21New sections 5A to 5AE substituted
Division 2—Pre-injury average weekly earnings and current weekly earnings
5ADefinition—pre-injury average weekly earnings
5AADefinitions applying to pre-injury average weekly earnings—relevant period
5ABDefinitions applying to pre-injury average weekly earnings—ordinary earnings
5ACDefinition applying to pre-injury average weekly earnings and current weekly earnings—base rate of
pay5ADDefinitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period
5AEDefinition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work
22New section 5B substituted
5BDefinition—current weekly earnings
23New Schedule 1A inserted
SCHEDULE 1A—Pre-injury Average Weekly Earnings
24New Division 3 inserted in Part I
Division 3—Workers, employers and contractors
5FStudents etc. deemed to be workers and their deemed employers
5GDeclared training programs
5HPersons attending certain employment programs deemed to be workers
5ICo-operatives—deemed workers and employers
5JDoor to door sellers
25New section 6—timber contractors
6Timber contractors
26Passenger vehicles, owner drivers and transport services
7Drivers carrying passengers for reward
7AOwner drivers carrying goods for reward
27Contractors
8Contractors
9Remuneration and contractual arrangements
10Claims to be made against principal's policy
28New section 11—share farmers substituted
11Share farmers
29New section 12 substituted
12Religious bodies and organisations
30Repeal of sections 13 and 14A
31Amendment of section 14
32Amendment of section 14AA—Municipal Councillors
33Amendment of section 15—places of pick-up
34Amendment of sections 16 and 16A
35Amendment of section 17—Outworkers
Division 2—Amendment of Part 2 of the Accident Compensation Act 1985
36Repeal of section 18A
37Amendment of section 20C—Accountability of the Authority
38Repeal of section 23A
39Meetings of the Board
40WorkCover Authority Fund—amendment of section 32
Division 3—Amendment of Parts 3 and 4
41Amendment of section 39
42Repeal of redundant provisions
43Appeals to Court of Appeal—amendment of sections 51 and 52
44Amendment of section 59
45Amendment of section 62(5)
46Payment of compensation—offshore area
47Amendment of section 82C
48Amendment of section 82D
49Amendment of section 86
50Benefits—deductible amount
51New section 91EA inserted
91EATwice State average weekly earnings
52Amendment of section 92A
53Amendments relating to death benefits
54Amendment of section 92D
55Amendment of section 93CA(2)
56Amendment of section 93CE
57Amendment of section 96(2) and (3)
58New Division 2A
"Division 2A—Compensation for maims, pain and suffering and non‑economic loss".
59Amendment of sections 98, 98A and 103
60Amendment of section 98C
61Amendment of section 98E
62Consequential amendments relating to section 98E
63Claim for compensation
64Amendment of section 134AB
65Repeal of section 107
66General right of access to information under this Act—amendment of section 107A
67Amendment of section 114
68Amendment of section 114C
69Amendment of section 114F—Recovery of payments
70Amendment of section 114N
71New section 114S inserted
114SPosition of worker following decision under section 114N
72Consequential amendment
73Repeal of sections 117C to 117G
74Amendment of section 127
75Amendment of section 137A
76New Schedules 3A and 3B inserted
SCHEDULE 3A—Compensation for Maims
SCHEDULE 3B—No Disadvantage—Compensation Table
77New Division 2B inserted in Part IV
Division 2B—Compensation for medical and like services
99AAADefinitions
99Liability of Authority and self-insurer
99AAMedical and like services outside Australia
99ABOccupational rehabilitation services
99ACModification of cars and homes
99ADDuration of compensation under this Division
99AETermination of payment for professional services obtained fraudulently
78Consequential amendments
79New Division 2C
"Division 2C—Rehabilitation services prior to acceptance of claim".
80New Division 2D
Division 2D—Indexation
100Indexation—weekly payments
100AIndexation of weekly pensions for dependants of a worker who dies
100BIndexation of certain amounts—according to average weekly earnings
100CIndexation of certain amounts—consumer price index
100DIndexation—no reduction
100EIndexation—rounding
81Amendments consequential on new Division 2D of Part IV
82Dollar amounts as at 1 July 2010—benefits
83Dollar amounts as at 1 July 2010—payment, contributions etc.
84Dollar amounts as at 1 July 2010—self-insurers
Division 4—Compensation for impairment, hearing loss and non‑economic loss
85Amendment of section 5
86Amendment of section 88
87Amendment of section 89
88Amendment of section 91
89Further amendments relating to diminution of hearing
90Amendment of section 98C—non economic loss
91New section 98DA inserted
98DAEffect of payment of compensation under section 98C or 98E
Division 5—Further amendment of Parts 4 to 8 of Accident Compensation Act 1985
92Repeal of section 123
93Amendment of section 134ABA
94New section 134AFA inserted
134AFALegal practitioner may recover costs
95Amendment of section 134AG
96New sections 134AGA and 134AGB inserted
134AGALitigated claims legal costs order—workers
134AGBLitigated claims legal costs order—Authority and self‑insurers
97Amendment of section 135BBA
98Determination of eligibility to apply for approval as
self-insurer99Application for approval as self-insurer
100New section 144A inserted—Approval of new holding company as self-insurer
144AApproval of new holding company as self-insurer
101Liabilities of self-insurer to be guaranteed
102Acquisition of scheme-insured body corporate by self-insurer—amendment of section 150A
103Provision of guarantees
104Amendments consequential on amendment of section 7 of Accident Compensation (WorkCover Insurance) Act 1993
105Amendment of definition of tail claims
106Penalty inserted in section 248(1)
107Sections 192 and 195
108New section 198A inserted
198AEmployer to notify Authority of return to work of worker
109Amendment of section 208
110Amendment of section 239
111Amendment of section 239AAB(1)
112Amendment of section 240A—Warrants to enter and search
113Amendment of section 243
114Amendment of section 242AD
115Indemnity—amendment of section 248C
116Amendment of section 249BA
117Sections 249B(5) and 249BA(2) aligned
118New sections 250A and 250AA inserted
250AImputing conduct of bodies corporate
250AALiability of officers of bodies corporate
119Institution of prosecutions—amendment of section 252
120New sections 252O to 252R inserted
252OSupreme Court—limitation of jurisdiction
252PSupreme Court—limitation of jurisdiction
252QSupreme Court—Limitation of jurisdiction
252RSupreme Court—limitation of jurisdiction
121New sections 253AA and 253AB inserted
253AADirections
253ABGuidelines
122Consequential amendments
123Regulations—New section 253 substituted
253Regulations
124Amendment of section 313—transitional provision in relation to section 93CD
125Amendment of section 325—transitional provision in relation to section 134AB
126Amendment of section 326—transitional provision in relation to section 134AB
127Amendment of section 327—transitional provision in relation to section 135A
327Section 135A (Actions for damages)
128Amendment of section 328—transitional provision in relation to section 135BBA
328Section 135BBA (Actions by terminally ill workers continued after death of worker)
Division 6—Transitional Provisions
129Savings and Transitional Provisions
Division 13—Transport Accident and Accident Compensation Legislation Amendment Act 2010
365Definitions
366Sections 5A to 5AE, 5B and Schedule 1A
367Part 1, Division 3 and sections 6 to 12, 14 and 15
368Section 82D (Road traffic offences)
369Section 91E (Benefits—definitions)
370Section 92A (Death of a worker)
371Section 93CE (Superannuation contributions)
372Section 98C (Non-economic loss)
373Section 98E (Total loss)
374Part IV, Division 2B (Compensation for medical and like services)
375Sections 117C to 117G
376Section 52 (Appeals to Court of Appeal)
377Section 103(4C) (Claim for compensation)
378Section 134AB (Actions for damages)
379Section 107A (General right of access to information under this Act)
380Section 114N
381Section 114S
382Section 125A(3)
383Section 144A
384Section 148
385Section 150A
386Section 208
387Section 240A
388Section 92B
389Guidelines under section 14AA
Division 7—New Schedule 6 inserted
130New Schedule 6 inserted
SCHEDULE 6—Persons to whom document may be produced or information communicated or divulged
Part 4—Accident Compensation (WorkCover Insurance) Act 1993
131Amendment of definition of WorkCover insurance policy
132Amendment of section 3
133Remuneration—new section 3AA
3AARemuneration
134Consequential amendments to section 3
135New section 4 substituted
4Act does not apply to certain self-insurers
136Definition—deemed policy amendment
137Compulsory WorkCover Insurance
138Repeal of section 7(4A) and (4B)
139Premiums to be calculated in accordance with premiums
order140Compulsory WorkCover insurance—amendment of section 7
141WorkCover Insurance Policy—amendment of section 9
142Estimate of rateable remuneration—amendment of section 18
143Amendments to section 36H
144Authority may recover amount in relation to claim—amendment of section 61
145Amendment of section 66
146Amendment of section 68
147Repeal of section 70
148Amendment of section 82
149Amendment of section 87
Part 5—Miscellaneous
Division 1—Amendment of transitional provisions
150Amendment of transitional provision in relation to section 7
151Amendment of transitional provision in relation to section 103
152Amendment of transitional provision in relation to sections 105 and 108
153Amendment of transitional provision in relation to
section 55AA154Amendment of transitional provision in relation to section 43
155Amendment of transitional provision in relation to section 45
156Amendment of transitional provision in relation to section 134AB
157Amendment of transitional provision in relation to section 138
158Amendment of transitional provision in relation to Part VIIB
Division 2—Statute law revision
159Statute law revision
Division 3—Amendment of other Acts
160Wrongs Act 1958
24AAAWhen employer not liable to indemnify third party in relation to an injury
161Offshore Petroleum and Greenhouse Gas Storage Act 2010
Part 6—Repeal of Act
162Repeal of Act
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Endnotes
Transport Accident and Accident Compensation Legislation Amendment Act 2010
No. 80 of 2010
[Assented to 19 October 2010]
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 improve its efficient operation;
(b)to make further amendments to the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 to provide for further improvement in the operation of those Acts.
2Commencement
(1)This Part, Part 2 (other than sections 6 and 8), Part 3 (other than sections 17(4), 17(5), 17(6), 17(7), 17(8), 19(2), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30(2), 31, 33, 46, 48, 50, 51, 53(2), 61, 62, 63, 64, 80, 81, 82, 83, 84, 90, 107, 108, 109 and 124), Part 4 (other than sections 132, 133, 134, 136, 137, 138, 139, 140, 141, 143, 144, 148 and 149), sections 156 and 158, Division 3 of Part 5 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Sections 90 is deemed to have come into operation on 10 December 2009.
(3)Sections 48, 53(2), 63, 124, 151, 152, 153, 154, 155, 157 and 159 are deemed to have come into operation on 5 April 2010.
(4)Sections 107, 108, 109, 136, 137, 139, 140, 141, 143, 144, 148, 149 and 150 are deemed to have come into operation on 1 July 2010.
(5)Section 64 is deemed to have come into operation on 29 July 2010.
(6)Sections 17(4), 17(5), 17(6), 17(7), 17(8), 19(2), 20, 24, 25, 26, 27, 28, 29, 30(2), 31, 33, 61, 62, 132, 133, 134 and 138 come into operation on 1 July 2011.
(7)Sections 6, 8, 21, 22, 23, 50, 51, 80, 81, 82, 83 and 84 come into operation on a day or days to be proclaimed.
(8)Section 46 comes into operation on the day on which section 799 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 comes into operation.
(9)If a provision referred to in subsection (7) does not come into operation before 1 July 2011, it comes into operation on that day.
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Part 2—Transport Accident Act 1986
3No liability to pay compensation in certain circumstances
In section 39(3)(b) of the Transport Accident Act 1986, after "section 318(1)" insert
"or 319(1)".
4Compensation not payable or reduced
(1)In section 40(2)(b) of the Transport Accident Act 1986, for "section 49(1)(c), 49(1)(d), 49 (1)(e)," substitute "49(1)(ba), (c), (ca), (d), (e), (ea) or (eb),".
(2)After section 40(4) of the Transport Accident Act 1986 insert—
"(4A)Subsection (5A) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted in respect of driving the motor vehicle at the time of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law that is in relation to that Act a corresponding law.".
(3)After section 40(5) of the Transport Accident Act 1986 insert—
"(5A)The compensation under section 44 or 45 in respect of a person to whom subsection (4A) applies is reduced by one-third unless the person satisfies the Commission that the concentration of drugs in the blood of the person did not contribute in any way to the transport accident.".
5Determination of impairment
(1)In section 46A of the Transport Accident Act 1986, for subsection (1A) substitute—
"(1A)If the Commission—
(a)has not made a determination under this section of the degree of impairment of a person injured as a result of a transport accident within the period of 6 years after the later of—
(i)the date of the transport accident; or
(ii)the date on which the injury to the person resulting from the transport accident first manifests itself; and
(b)within that period of 6 years—
(i)has not advised the person that he or she appears likely to be entitled to an impairment benefit; and
(ii)has not received an application in writing from the person requesting the Commission to carry out an impairment assessment—
the Commission is to be taken to have made a determination that the degree of impairment is 0%.".
(2)In section 46A(1B) of the Transport Accident Act 1986—
(a)in paragraph (b), for "occurs." substitute "occurs; and";
(b)after paragraph (b) insert—
"(c)in the case of an injury to a person who was a minor at the time of the transport accident, from the day on which the person attains the age of 18 years.".
6New section 56A inserted
After section 56 of the Transport Accident Act 1986 insert—
"56A Redemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents
(1)This section applies to a person who, immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004—
(a)was receiving periodic payments in accordance with section 48 as then in force; or
(b)had an accrued entitlement to such payments, regardless of whether or not the person's impairment benefit had been assessed.
(2)Unless the periodic payments are redeemed in accordance with this section or the person accepts an offer made under subsection (4), the person is entitled to continue to receive periodic payments in accordance with section 48 as if sections 11 and 13 of the Transport Accident (Amendment) Act 2004 had not been enacted.
(3)The Commission must make an offer to each person who is, or on attaining the age of 65, will be, entitled to periodic payments in accordance with section 48 as in force immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004 to redeem those payments and pay to the person an amount determined in accordance with subsection (5).
(4)Until a person to whom an offer is made under subsection (3) accepts the offer, the person continues to be entitled to periodic payments in accordance with subsection (2) as calculated in accordance with this Act and the Transport Accident (Impairment) Regulations 2010.
(5)The amount payable to a person on redemption of periodic payments is the amount determined in accordance with the formula—
where—
Ais the weekly payment of impairment annuity to which the person is or would become entitled under this section;
Bis the number of weeks in respect of which the person would be entitled to periodic benefits but for the redemption—
and qualified by adopting a discount rate of 3 per centum in order to make appropriate allowance for inflation, the income from investment of the sum awarded and the effect of taxation on that income.
(6)In determining the number of weeks for the purposes of subsection (5), a period of less than one week is to be taken to be a complete week.".
7Medical and like benefits
In section 60 of the Transport Accident Act 1986, for subsection (2AB) substitute—
"(2AB)For the purposes of subsection (2)(c), a person who is injured as a result of a transport accident and is—
(a)a woman who was pregnant at the time of the transport accident; or
(b)a domestic partner of a woman who was pregnant at the time of the transport accident—
is deemed to have been engaged in the care of a child in the 30 days before the transport accident.".
8Form of claim
In section 67(1) of the Transport Accident Act 1986, for paragraph (a) substitute—
"(a)must be in a form approved by the Commission; and".
9Time for making claim
In section 68(3) of the Transport Accident Act 1986, for "within one year of attaining the age of 18 years" substitute "before attaining the age of 21 years or within 3 years after the transport accident, whichever is the later".
10Actions for damages
After section 93(1A) of the Transport Accident Act 1986 insert—
"(1B)For the avoidance of doubt, nothing in subsection (1) or (1A) is to be taken to prevent a legal personal representative (not being a natural person) of a person who dies as a result of a transport accident recovering damages in any proceedings in respect of that death.".
11New section 93A inserted
After section 93 of the Transport Accident Act 1986 insert—
"93A Abolition of per quod servitium amisit
Proceedings cannot be brought in respect of the loss of the services of a person—
(a)who is injured or dies as a result of a transport accident; or
(b)whose injury or death is caused by, or arises out of, the use of a motor vehicle.".
12Access to documents
After section 126A of the Transport Accident Act 1986 insert—
"126B Use of documents relating to claims
Despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities) or at common law, a document produced or served or information acquired in respect of a proceeding or claim for compensation, damages, indemnity or other payment under, or in accordance with, this Act, whether before, on or after the commencement of section 12 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010, may be used in, and for the purposes of, any other proceeding or claim for compensation, damages, indemnity or other payment under, or in accordance with, this Act.".
13New section 132D inserted
After section 132C of the Transport Accident Act 1986 insert—
"132D Supreme Court—limitation of jurisdiction
It is the intention of section 93A as inserted by section 11 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010 to alter or vary section 85 of the Constitution Act 1975.".
14New Division 6 inserted in Part 11
After Division 5 of Part 11 of the Transport Accident Act 1986 insert—
"Division 6—Transport Accident and Accident Compensation Legislation Amendment Act 2010
199Definitions
(1)In this Division—
amending Act means the Transport Accident and Accident Compensation Legislation Amendment Act 2010;
amending provision means a provision of the amending Act specified in a section of this Division;
commencement date means the date on which the amending provision comes into operation.
(2)Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
200Section 39 (No entitlement to compensation)
Section 39, as amended by section 3 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.
201Section 40 (Compensation not payable)
Section 40, as amended by section 4 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.
202Section 46A (Degree of impairment)
Section 46A as amended by section 5 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.
203Section 60 (Medical and like benefits)
Section 60, as amended by section 7 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.
204Section 68 (Time for making claims)
Section 68, as amended by section 9 of the amending Act applies in respect of claims made on or after the commencement date relating to a transport accident whenever it occurred.
205Section 93 (Actions for damages)
Section 93, as amended by section 10 of the amending Act, applies to proceedings commenced on or after the commencement date relating to a transport accident whenever it occurred.".
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Part 3—Accident Compensation Act 1985
Division 1—General Amendment of Part I
15New Division in Part I
In Part I of the Accident Compensation Act 1985, before section 1, insert—
"Division 1—General".
16New section 3A inserted
After section 3 of the Accident Compensation Act 1985 insert—
"3A Act binds the Crown
(1)This Act binds the Crown—
(a)in right of the State of Victoria; and
(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.
(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.".
17Amendment of section 5(1)
(1)In section 5(1) of the Accident Compensation Act 1985, insert the following definitions—
"professional service means—
(a)a hospital service, medical service, ambulance service, nursing service, accident rescue service, personal and household service or occupational rehabilitation service; or
(b)legal services provided by a legal practitioner; or
(c)a service, provision of goods or any other matter referred to in Division 2B of Part IV in relation to the costs of which a liability arises, or may arise, under that Division;
shift allowance means an allowance or loading paid or payable for shift work or working on public holidays, Saturdays or Sundays;".
(2)In section 5(1) of the Accident Compensation Act 1985, for the definition of domestic partner substitute—
"domestic partner of a person means—
(a)a person who is in a registered domestic relationship within the meaning of the Relationships Act 2008 with the person; or
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender), taking into account all the circumstances of their relationship, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case;".
(3)In section 5(1) of the Accident Compensation Act 1985, in the definition of occupational rehabilitation service, for paragraph (k) substitute—
"(k)advice or assistance in return to work planning;".
(4)In section 5(1) of the Accident Compensation Act 1985, insert the following definitions—
"applicable prescribed percentage, in relation to the amount paid or payable to a class of worker, means the percentage of remuneration prescribed by the regulations as not being attributable to the performance of work by a worker of that class;
declared training program means a training program in respect of which a declaration under section 5G is in force;".
(5)In section 5(1) of the Accident Compensation Act 1985, for the definition of employer substitute—
"employer includes—
(a)a person—
(i)for whom a worker works; or
(ii)with whom a worker agrees to perform work—
at the person's direction, instruction or request, whether under a contract of employment (whether express, implied oral or in writing) or otherwise; and
(b)a person who is deemed to be an employer under this Act; and
(c)if the services of a worker are temporarily lent or let on hire to another person by, or with the consent of, the person with whom the worker has entered into a contract of employment or apprenticeship or otherwise—the last mentioned person, while the worker is working for that other person; and
(d)the legal personal representative of an employer who is dead;".
(6)In section 5(1) of the Accident Compensation Act 1985, in the definition of remuneration, for "section 3(1)" substitute "section 3AA".
(7)In section 5(1) of the Accident Compensation Act 1985, for the definition of student worker substitute—
"student worker means a worker within the meaning of section 5F(1)(a) or (b);".
(8)In section 5(1) of the Accident Compensation Act 1985, for the definition of worker substitute—
"worker means an individual—
(a)who—
(i)performs work for an employer; or
(ii)agrees with an employer to perform work—
at the employer's direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise; or
(b)who is deemed to be a worker under this Act;".
18Consequential amendments relating to professional service
In the Accident Compensation Act 1985—
(a)in section 248A, subsection (3) is repealed;
(b)in section 249AA(7), the definition of professional service is repealed;
(c)in section 249AB(3), the definition of professional service is repealed;
(d)in section 249B(11), the definition of professional service is repealed;
(e)in section 249BA(4), the definition of professional service is repealed;
(f)in section 249BC—
(i)for "(1) The Authority" substitute
"The Authority";
(ii)subsection (2) is repealed.
19Amendment of section 5
(1)In section 5 of the Accident Compensation Act 1985, subsections (2), (6), (7) and (18) are repealed.
(2)In section 5 of the Accident Compensation Act 1985, subsections (4), (4A), (4B), (4C), (4D), (4E), (8), (8A) and (9) are repealed.
20Further amendment of section 5
In section 5(11) of the Accident Compensation Act 1985, for "paragraph (e)" substitute "subsection (1)(a)".
21New sections 5A to 5AE substituted
For section 5A of the Accident Compensation Act 1985 substitute—
"Division 2—Pre-injury average weekly earnings and current weekly earnings
5ADefinition—pre-injury average weekly earnings
(1)In this Act, pre-injury average weekly earnings, in respect of a relevant period in relation to a worker, means, subject to this section, the sum of—
(a)the average of the worker's ordinary earnings during the relevant period (excluding any week during which the worker did not actually work and was not on paid leave) expressed as a weekly sum; and
(b)the worker's earnings enhancement (if any) in the relevant enhancement period.
(2)If a worker has been continuously employed by the same employer for less than 4 weeks before the injury, pre-injury average weekly earnings, in relation to that worker, may be calculated having regard to—
(a)the average of the worker's ordinary earnings that the worker could reasonably have been expected to have earned in that employment, but for the injury, during the period of 52 weeks after the injury expressed as a weekly sum; and
(b)the worker's earnings enhancement (if any) in the relevant enhancement period.
(3)If a worker—
(a)was not a full time worker immediately before the injury; and
(b)at the time of the injury was seeking full time employment; and
(c)had been predominantly a full time worker during the period of 78 weeks immediately before the injury—
pre-injury average weekly earnings, in relation to that worker, means the sum of—
(d)the average of the worker's ordinary earnings while employed during the period of 78 weeks immediately before the injury (excluding any week during which the worker did not actually work and was not on paid leave) (the qualifying period), whether or not the employer is the same employer as at the time of the injury expressed as a weekly sum; and
(e)the worker's earnings enhancement (if any) in the relevant enhancement period.
(4)If a worker is a person engaged by an employer to participate as a contestant in a sporting or athletic activity within the meaning of section 16(1) and the injury is not received while the person is—
(a)participating, or training for or preparing to participate, as a contestant in a sporting or athletic activity; or
(b)travelling between a place of residence and a place where the activity, training or preparation is held—
any remuneration paid or payable in respect of such participation, training, preparation or travel is not to be taken into account in calculating the worker's pre-injury average weekly earnings.
(5)In relation to a worker of a class referred to in column 2 of an item in Schedule 1A, pre‑injury average weekly earnings means the amount determined in accordance with column 3 of that item, expressed as a weekly sum.
(6)In relation to a worker to whom section 7 or 7A applies, the worker's pre-injury average weekly earnings must be calculated with reference to the amounts payable to the worker and deemed to be remuneration under that section, expressed as a weekly sum.
(7)In relation to a worker to whom section 6 or 8 applies, the worker's pre-injury average weekly earnings must be calculated with reference to the amounts payable to the contractor and deemed to be remuneration under that section, expressed as a weekly sum.
5AADefinitions applying to pre-injury average weekly earnings—relevant period
(1)Subject to this section, a reference to the relevant period in relation to pre-injury average weekly earnings of a worker is a reference to—
(a)in the case of a worker who has been continuously employed by the same employer for the period of 52 weeks immediately before the injury, that period of 52 weeks;
(b)in the case of a worker who has been continuously employed by the same employer for less than 52 weeks immediately before the injury, the period of continuous employment by that employer.
(2)The relevant period, in relation to pre-injury average weekly earnings of a worker who, during the 52 weeks immediately before the injury, voluntarily (otherwise than by reason of an incapacity for work resulting from, or materially contributed to by, an injury which entitles the worker to compensation under this Act)—
(a)alters the ordinary hours of work; or
(b)alters the nature of the work performed by the worker—
and, as a result, the worker's ordinary earnings are reduced, does not include the period before the reduction takes effect.
(3)If, during the period of 52 weeks immediately before the injury, a worker—
(a)is promoted; or
(b)is appointed to a different position—
(otherwise than on a temporary basis) and, as a result, the worker's ordinary earnings are increased, the relevant period in relation to the worker begins on the day on which the promotion or appointment takes effect.
5ABDefinitions applying to pre-injury average weekly earnings—ordinary earnings
(1)Subject to this section, in relation to pre‑injury average weekly earnings, the ordinary earnings of a worker in relation to a week during the relevant period are—
(a)if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of—
(i)the worker's earnings calculated at that rate for ordinary hours in that week during which the worker worked or was on paid leave; and
(ii)if the worker receives a piece rate payment or a commission or both a piece rate payment and a commission, the amount of piece rate payments and commissions the worker receives in respect of that week; or
(b)if paragraph (a) does not apply, the actual earnings (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c), (e) or (f)) paid or payable to the worker in respect of that week—
and include—
(c)any other amount (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c), (e) or (f)) for the performance of work by the worker, that, under the worker's terms of employment, the employer is required to apply or deal with on behalf of the worker in accordance with the worker's instructions, in respect of that week; and
(d)the monetary value of—
(i)residential accommodation; and
(ii)use of a motor vehicle; and
(iii)health insurance; and
(iv)education fees—
provided in respect of that week to the worker by the employer for the performance of work by the worker (non-pecuniary benefit).
(2)For the purposes of subsection (1)(d), the monetary value of a non-pecuniary benefit is—
(a)the value that would be the value as a fringe benefit for the purposes of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth, calculated in accordance with section 5C of this Act, divided by 52; or
(b)in the case of residential accommodation that is not a fringe benefit or is otherwise not subject to fringe benefits tax, the amount that would reasonably be payable for that accommodation, or equivalent accommodation in the same area, in respect of that week if it were let on commercial terms.
(3)A reference to ordinary earnings does not include, and is deemed never to have included, a reference to any employer superannuation contribution.
5ACDefinition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay
(1)In relation to pre-injury average weekly earnings and current weekly earnings, a reference to a base rate of pay is a reference to the rate of pay payable to a worker for his or her ordinary hours of work but does not include—
(a)incentive based payments or bonuses;
(b)loadings;
(c)monetary allowances;
(d)piece rates or commissions;
(e)overtime or shift allowances;
(f)any separately identifiable amount not referred to in paragraphs (a) to (e).
(2)In relation to pre-injury average weekly earnings and current weekly earnings, if, at the time of the injury—
(a)a worker's base rate of pay is prescribed by an industrial award that applies to the worker; and
(b)the worker's actual rate of pay for ordinary hours is higher than that rate of pay—
the worker's actual rate of pay is to be taken to be the worker's base rate of pay.
5ADDefinitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period
In relation to pre-injury average weekly earnings—
earnings enhancement, in relation to a worker who—
(a)during the relevant period, worked paid overtime or carried out work that attracted a shift allowance; and
(b)but for the worker's injury or death, would have been likely, at any time during the enhancement period, to have worked paid overtime or carried out work that attracted a shift allowance—
means the amount calculated in accordance with the formula—
where—
Ais the total amount paid or payable to the worker for paid overtime and shift allowances in respect of the relevant period;
Bis the number of weeks during the relevant period during which the worker worked or was on paid annual leave;
enhancement period means—
(a)in relation to compensation in the form of weekly payments to the worker under section 93A or 93B—the first 52 weeks in respect of which such compensation is paid or payable to the worker;
(b)in relation to compensation in the form of weekly payments of pension under section 92B—the first 52 weeks after the death of the worker.
5AEDefinition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work
In relation to pre-injury average weekly earnings and current weekly earnings, the ordinary hours of work—
(a)in the case of a worker to whom an industrial award applies are—
(i)if the ordinary hours of work in relation to a week are agreed or determined in accordance with an industrial award between the worker and the employer—those hours;
(ii)in any other case, the worker's average weekly hours (excluding any week during which the worker did not actually work and was not on paid leave) during the relevant period;
(b)in the case of a worker to whom an industrial award does not apply—
(i)if the ordinary hours of work are agreed between the worker and the employer, those hours;
(ii)in any other case, the worker's average weekly hours (excluding any week during which the worker did not actually work and was not on paid leave) during the relevant period.".
22New section 5B substituted
For section 5B of the AccidentCompensation Act 1985 substitute—
"5B Definition—current weekly earnings
In this Act, current weekly earnings of a worker in relation to a week means—
(a)if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of—
(i)the worker's earnings so calculated for the ordinary hours worked during that week; and
(ii)amounts paid or payable for overtime or shift allowances in respect of that week; and
(iii)amounts paid or payable as piece rates or commissions in respect of that week; or
(b)if paragraph (a) does not apply, the worker's actual earnings (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c) or (f)) in respect of that week.".
23New Schedule 1A inserted
In the Accident Compensation Act 1985, insert the following Schedule before Schedule 1—
"SCHEDULE 1A
Section. 5A(5)
Pre-injury Average Weekly Earnings
| Column 1
| Column 2
| Column 3 Calculation of pre-injury average weekly earnings |
| 1 | Worker who is— (a) under the age of 21 years; or (b) an apprentice; or (c) working under a contract of employment under which the worker is required to undergo training, instruction or examination in order to become qualified to carry on an occupation— and who, but for the injury, would have been entitled to increments in earnings at certain ages or stages during the course of employment to become qualified. | (a) Until the worker attains the age or stage or, but for the injury would have attained the stage at which the highest rate is payable—the worker's pre-injury average weekly earnings are the earnings that the worker would have been entitled to receive in respect of a relevant week if the worker had not sustained the injury and had continued in the employment. (b) On and after the worker attains the age or stage or, but for the injury, would have attained the age or stage at which the highest rate is payable—the worker's pre-injury average weekly earnings are to be calculated as if, at the time of the injury, |
| Column 1
| Column 2
| Column 3 Calculation of pre-injury average weekly earnings |
| the worker were being paid at the highest rate applicable to that age or stage. (c) If (a) or (b) applies but there is no rate applicable to a worker who has attained the age of 21 years, the worker's pre-injury average weekly earnings are twice the State average weekly earnings. | ||
| 2 | Worker employed by 2 or more employers and who works for one of those employers for at least the ordinary hours fixed in any applicable industrial award. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work for the employer for whom the worker works for at least the ordinary hours fixed in the industrial award. |
| 3 | Worker employed by 2 or more employers who works for one of those employers for at least the prescribed number of hours each week and to whom no industrial award is applicable. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work for the employer for whom the worker works for at least the prescribed number of hours. |
| Column 1
| Column 2
| Column 3 Calculation of pre-injury average weekly earnings |
| 4 | Worker employed by 2 or more employers for at least the ordinary hours fixed in any applicable industrial award. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. |
| 5 | Worker employed by 2 or more employers who works for one of those employers for at least the ordinary hours fixed in an applicable industrial award and works for another of those employers for at least the prescribed number of hours each week. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. |
| 6 | Worker employed by 2 or more employers for at least the prescribed number of hours each week and to whom no industrial award is applicable. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. |
| 7 | Worker employed by 2 or more employers who sustains an injury that results in an incapacity to work for one or more of those employers but not for all those employers | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to earnings from work with all the employers |
| 8 | Worker employed by 2 or more employers in circumstances other than those described in the preceding provisions of this Schedule. | The worker's pre-injury average weekly earnings are the worker's average ordinary earnings expressed as an amount per hour for all work carried out by the worker |
| Column 1
| Column 2
| Column 3 Calculation of pre-injury average weekly earnings |
| for all employers multiplied by— (a) the prescribed number of hours per week; or (b) the total of the worker's ordinary hours per week— whichever is the lesser. | ||
| 9 | Worker who, during the period of 52 weeks immediately before the injury, receives advice in writing from the employer that the worker is to be promoted or otherwise appointed to a new position (otherwise than on a temporary basis) with the effect that the worker's ordinary earnings will be increased but has not been so promoted or appointed. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the amount that is the average of the earnings expressed as a weekly sum that the worker could reasonably be expected to have earned after the promotion or appointment had taken effect as if the promotion or appointment had taken effect 52 weeks before the injury. |
| 10 | Full time student at a post-secondary education institution within the meaning of the Education and Training Reform Act 2006. | (a) Until the worker, but for the injury, would have completed the course as a full time student, pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I. |
| Column 1
| Column 2
| Column 3 Calculation of pre-injury average weekly earnings |
| (b) As from the time the worker, but for the injury, would have completed the course in which the worker was a full time student, pre-injury average weekly earnings are twice the State average weekly earnings. | ||
| 11 | Full time student at primary or secondary school. | (a) Until the worker, but for the injury, would have completed secondary school, pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I. (b) As from the time the worker, but for the injury, would have completed secondary school, pre-injury average weekly earnings are $1070. |
| 12 | Worker (not being a worker to whom another item of this Schedule applies) who is a student at a school within the meaning of Part 5.4 of the Education and Training Reform Act 2006 and is employed under a work experience arrangement or a structured workplace learning arrangement under that Part. | The worker's pre-injury average weekly earnings is the amount deemed by operation of section 5.4.9(6) of the Education and Training Reform Act 2006. |
| Column 1
| Column 2
| Column 3 Calculation of pre-injury average weekly earnings |
| 13 | Worker (not being a worker to whom another item of this Schedule applies) who is a post-secondary student within the meaning of Part 5.4 of the Education and Training Reform Act 2006 and is employed under a practical placement agreement under that Part. | The worker's pre-injury average weekly earnings is the amount deemed by operation of section 5.4.16(5) of the Education and Training Reform Act 2006. |
".
24New Division 3 inserted in Part I
In Part I of the Accident Compensation Act 1985, before section 6, insert—
"Division 3—Workers, employers and contractors
5FStudents etc. deemed to be workers and their deemed employers
(1)For the purposes of this Act, each of the following is deemed to be a worker to the extent specified—
(a)a student at a school within the meaning of Division 1 of Part 5.4 of the Education and Training Reform Act 2006 while employed under a work experience arrangement under that Part;
(b)a post-secondary student of a TAFE provider within the meaning of Division 2 of Part 5.4 of the Education and Training Reform Act 2006 while employed under a practical placement agreement under that Part;
(c)an apprentice—
(i)within the meaning of the Education and Training Reform Act 2006 while employed under an approved training scheme within the meaning of Part 5.5 of that Act; or
(ii)employed under a contract of apprenticeship, while so employed;
(d)a person who is a participant in a declared training program, while so participating.
(2)For the purposes of this Act—
(a)in relation to a student who, under subsection (1)(a) or (b), is deemed to be a worker—
(i)the Department of Education and Early Childhood Development is deemed to be the employer of that student; and
(ii)the amount paid or payable to the student for services rendered under the work experience arrangement or practical placement agreement, as the case requires, is deemed to be remuneration;
(b)in relation to an apprentice referred to in subsection (1)(c)—
(i)the person who enters into the approved training scheme or contract of apprenticeship with the apprentice is deemed to be the employer of the apprentice; and
(ii)the amount paid or payable to the apprentice under the approved training scheme or contract of apprenticeship is deemed to be remuneration;
(c)in relation to a person referred to in subsection (1)(d), the provider of the declared training program is deemed to be the employer of that person.
5GDeclared training programs
(1)The Governor in Council may, by Order in Council published in the Government Gazette, declare a training program provided by a person or body specified in the Order that includes the provision of workplace based training to be a declared training program.
(2)The Governor in Council may, by Order in Council published in the Government Gazette, specify, in relation to a declared training program—
(a)a class of payments; or
(b)a training allowance—
payable to participants in that declared training program.
(3)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, a payment of a class or a training allowance, specified in an Order under subsection (2) is deemed to be remuneration paid or payable in respect of a participant in the training program to which that Order applies.
5HPersons attending certain employment programs deemed to be workers
If a person (not being a worker within the meaning of any other provision of this Division) is injured while attending an employment program provided or arranged by the Authority—
(a)for the purposes of this Act—
(i)the person is deemed to be a worker; and
(ii)the Authority is deemed to be the employer of the person; and
(b)for the purposes of Division 2 of Part IV, the person's pre-injury average weekly earnings are deemed to be the pre-injury average weekly earnings of the person as calculated for the purposes of this Act in relation to the injury suffered by that person by reason of which the person is attending the employment program as indexed in accordance with this Act.
5ICo-operatives—deemed workers and employers
For the purposes of this Act, a person who—
(a)is a secretary of a co-operative housing society within the meaning of the Co‑operative Housing Societies Act 1958 or a co-operative within the meaning of the Co-operatives Act 1996; and
(b)is entitled, as secretary, to be paid more than $400 per annum (other than in respect of expenses)—
is deemed to be a worker and—
(c)the co-operative, or co-operative society, is deemed to be the employer of that person; and
(d)the amount (other than in respect of expenses) paid or payable to that person by the employer is deemed to be remuneration.
5JDoor to door sellers
If—
(a)a person (the seller) is engaged under a contract or arrangement (not being a contract of employment with an employer)—
(i)to sell goods door to door; or
(ii)to party plan on-sell goods; or
(iii)to sell services ancillary to a sale or on-sale of goods referred to in subparagraph (i) or (ii); and
(b)the Authority determines that the contract or arrangement was entered into with an intention of directly or indirectly avoiding or evading the payment of premium by any person—
then, for the purposes of this Act—
(c)the seller is deemed to be a worker; and
(d)the person who engaged the seller is deemed to be the employer of the seller; and
(e)the amount paid or payable to the seller by the person who engaged the seller is deemed to be remuneration.".
25New section 6—timber contractors
For section 6 of the Accident Compensation Act 1985 substitute—
"6 Timber contractors
(1)For the purposes of this Act, if a person who, in the course of, or for the purposes of, a trade or business carried on by the person (principal), enters into a timber contract with one or more individuals (timber contractor)—
(a)each timber contractor is deemed to be a worker; and
(b)the principal is deemed to be the employer of each timber contractor.
(2)Subsection (1) does not apply if—
(a)the timber contractor—
(i)subcontracts the timber contract in its entirety; or
(ii)does not perform personally any work under the contract and employs or engages persons to perform all the work under the timber contract; or
(b)where the timber contractor is a partnership of 2 or more individuals, no part of the work under the timber contract is performed personally by a member of the partnership.
(3)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, in relation to a timber contractor who is deemed to be a worker, the amount payable by the principal to the timber contractor, less the applicable prescribed percentage (if any), is deemed to be remuneration.
(4)In this section—
timber contract means a contract under which one or more individuals agree with another person (principal) to do all or any of the following—
(a)fell trees and deliver the timber to the principal;
(b)cut firewood and deliver the firewood to the principal;
(c)fell trees or cut scrub on land of which the principal is the occupier;
(d)clear stumps or logs from land of which the principal is the occupier;
(e)remove stumps or logs from land, whether by loading them onto a vehicle or otherwise.".
26Passenger vehicles, owner drivers and transport services
For section 7 of the Accident Compensation Act 1985 substitute—
"7 Drivers carrying passengers for reward
(1)For the purposes of this Act, a person engaged in driving a motor vehicle is deemed to be a worker if the person (driver)—
(a)has the use of a motor vehicle under a contract of bailment entered into with another person (the operator) (other than a bona fide contract for the purchase of the vehicle); and
(b)uses the motor vehicle to carry passengers for reward; and
(c)is required under the contract to make payments to the operator for the use of the motor vehicle.
(2)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, if, under subsection (1), a driver is a worker—
(a)the operator is deemed to be the employer of the driver; and
(b)the amount received by the driver for carrying passengers, less the amount paid or payable to the operator for the use of the motor vehicle, is deemed to be remuneration.
7AOwner drivers carrying goods for reward
(1)For the purposes of this Act but subject to this section, an individual (owner-driver) is deemed to be a worker if under a contract (not being a contract of employment) entered into by the individual with another person (principal), the owner-driver drives a motor vehicle, of which he or she is the owner, mainly for the purposes of providing transport services to the principal.
(2)This section does not apply in respect of an individual who is an owner-driver if the Authority determines that, in providing transport services to the principal, the owner-driver is carrying on an independent trade or business.
(3)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, if, under subsection (1), an owner-driver is deemed to be, a worker—
(a)the principal is deemed to be the employer of the owner-driver; and
(b)the amount paid or payable by the principal for transport services to the owner-driver, less the percentage deduction (if any) applicable to owner-drivers and specified in guidelines issued by the Authority, is deemed to be remuneration.
(4)The Authority may issue guidelines—
(a)as to the circumstances in which it may determine that an individual, in providing transport services to a principal, is carrying on an independent trade or business;
(b)as to the determination of a percentage deduction for the purposes of subsection (3)(b).
(5)In this section—
"owner, in relation to a motor vehicle, has the same meaning as in the Road Safety Act 1986;
transport services means the service of transporting and delivering goods.".
27Contractors
For sections 8, 9, 10 and 10A of the Accident Compensation Act 1985 substitute—
"8 Contractors
(1)This section applies where—
(a)an entity (the principal), in the course of, and for the purposes of, a trade or business carried on by the entity, enters into a contractual arrangement with another entity (the contractor) for the provision by the contractor of services (not being transport services within the meaning of section 7A) to the principal for reward in respect of a relevant period; and
(b)the provision of the services by the contractor under the contractual arrangement is not ancillary to the provision of materials or equipment by the contractor to the principal under the contractual arrangement; and
(c)at least 80% of those services are, or are to be, pursuant to the contractual arrangement, provided by the same individual (the individual) being—
(i)the contractor; or
(ii)if the contractor is a partnership, an individual member of the partnership; or
(iii)if the contractor is a body corporate—a member, director, shareholder or employee of the body corporate; or
(iv)if the contractor is the trustee of a trust—a person who may benefit under that trust or is an employee of the trustee; and
(d)the gross income of the contractor that is, or is to be, derived from the provision of the services pursuant to the contractual arrangement is, or is to be, at least 80% of the total gross income of the contractor earned from services of the same class provided by or on behalf of the contractor in the relevant period.
(2)This section does not apply in respect of a contractual arrangement if the Authority determines that, in providing services to the principal, the contractor is carrying on an independent trade or business.
(3)The Authority may issue guidelines as to the circumstances in which it may determine that a contractor, in providing services to a principal, is carrying on an independent trade or business.
(4)If subsection (1) applies—
(a)the individual is deemed to be a worker in respect of the relevant period; and
(b)the principal is deemed to be the employer of the individual in respect of the relevant period; and
(c)the total amount paid or payable by the principal to the contractor under the contractual arrangement, less—
(i)the applicable prescribed percentage (if any); or
(ii)if there is no applicable prescribed percentage, the part of that total amount not attributable to the provision of labour—
is deemed to be remuneration for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993.
(5)In this section—
principal includes a group, or one or more members of a group, within the meaning of section 66 of the Accident Compensation (WorkCover Insurance) Act 1993;
relevant period, in relation to services provided under a contractual arrangement referred to in subsection (1), means—
(a)the financial year in which those services are, or are to be, provided; or
(b)if those services are, or are to be, provided in two consecutive financial years, the twelve month period beginning on the date on which those services are first provided pursuant to the contractual arrangement;
services includes results (whether goods or services) of work performed.
9Remuneration and contractual arrangements
If—
(a)a person (the principal) enters into a contract with a body corporate (the contractor) under which the contractor agrees to provide services to the principal; and
(b)the contractor engages an individual to perform work for the purposes of the contract; and
(c)the individual engaged is deemed under section 8 to be a worker employed by the principal—
the amount of remuneration for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993 is the total amount paid or payable by the principal to the contractor under the contract, less—
(d)the applicable prescribed percentage; or
(e)if there is no applicable prescribed percentage, the part of that total amount not attributable to the provision of labour.
10Claims to be made against principal's policy
If an individual referred to in section 8(1)(c)(iii) or (iv)—
(a)is deemed under section 8(4) to be a worker employed by the principal; and
(b)makes a claim for compensation under this Act in relation to an injury arising out of, or in the course of being so employed—
the claim must be made against the principal within the meaning of section 8.".
28New section 11—share farmers substituted
For section 11 of the Accident Compensation Act 1985 substitute—
"11 Share farmers
(1)For the purposes of this Act—
(a)if, under a contract entered into between an owner of land and a share farmer, the share farmer is engaged by the owner and—
(i)is entitled to receive as consideration a share of the income (being less than one third of that income) derived from the land whether in cash or in kind or partly in cash and partly in kind; or
(ii)if the contract is in writing, the contract provides that the owner is liable to pay compensation under this Act in respect of any injury arising out of or in the course of any work carried out by the share farmer in the performance of the contract—
then, for the purposes of this Act—
(b)the share farmer is deemed to be a worker; and
(c)the owner is deemed to be the employer of the share farmer.
(2)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, where, under this section, a share farmer is deemed to be a worker and an owner of land is deemed to be that share farmer's employer in respect of a particular contract, then only the cash paid or payable under the contract by the owner to the share farmer is deemed to be remuneration.
(3)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, a share farmer engaged by an owner of land is not a worker unless subsection (1) applies.
(4)A member of a share farmer's family who is employed by, or assists, the share farmer, whether for remuneration or otherwise, in the performance of the duties of the share farmer, whether pursuant to the contract between the share farmer and the owner of the land or otherwise, is not to be deemed to be a worker employed by the owner of the land by reason of the performance of such duties.
(5)In this section—
income, in relation to land, means the gross value of the production derived from the land;
owner, in relation to land, includes a person in possession of, or entitled to the receipt of, the rents and profits from the land;
primary production means agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, cultivation of soils, gathering in of crops or rearing of livestock;
share farmer means a person who, under a contract with the owner of land used substantially for primary production—
(a)is to perform work in relation to that land; and
(b)is to be remunerated in whole or in part by receiving a share of the income, whether in cash or in kind, derived from that land.".
29New section 12 substituted
For section 12 of the Accident Compensation Act 1985 substitute—
"12 Religious bodies and organisations
(1)If, by Order in Council published in the Government Gazette at the request of a religious body or organisation specified in the Order as having made the request, the Governor in Council declares that—
(a)persons within a class specified in the Order, who are not otherwise workers within the meaning of this Act, are workers of that body or organisation; and
(b)the employer of those persons is the person specified in the Order as the employer—
then, for the purposes of this Act—
(c)the persons referred to in paragraph (a) are deemed to be workers; and
(d)the person specified in paragraph (b) is deemed to be the employer of those workers.
(2)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, where an Order in Council is made under this section in relation to a religious body or organisation, such amounts as are determined by agreement between the Authority and the religious body or organisation are deemed to be remuneration.".
30Repeal of sections 13 and 14A
(1)Section 14A of the Accident Compensation Act 1985 is repealed.
(2)Section 13 of the Accident Compensation Act 1985 is repealed.
31Amendment of section 14
(1)In section 14 of the Accident Compensation Act 1985, for subsection (4) substitute—
"(4)For the purposes of this Act, a member of police personnel within the meaning of the Police Regulation Act 1958 is deemed to be employed by the Crown under a contract of employment and, despite any rule of law to the contrary, that contract of employment and the relationship of master and servant is deemed to exist between the Crown and each such member in respect of the exercise and performance of the powers and duties as such a member, whether arising at common law or under any statute or by the instructions of superiors or otherwise.".
(2)After section 14(4) of the Accident Compensation Act 1985 insert—
"(5)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, amounts paid or payable by the Crown as deemed employer to a member of police personnel within the meaning of the Police Regulation Act 1958 are deemed to be remuneration.".
32Amendment of section 14AA—Municipal Councillors
(1)In section 14AA of the Accident Compensation Act 1985, for subsections (1) and (2) substitute—
"(1)For the purposes of this Act—
(a)a Councillor, while carrying out duties as a Councillor, is deemed to be a worker; and
(b)the Council of which the Councillor is a member is deemed, while the Councillor is carrying out duties as a Councillor, to be the employer of the Councillor.
(2)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, allowances determined by the Governor in Council by Order made under section 74B of the Local Government Act 1989 and paid or payable to the Councillor are deemed to be remuneration.".
(2)In section 14AA(4) of the Accident Compensation Act 1985, for "taken not to be" substitute "taken to be, or not to be,".
33Amendment of section 15—places of pick-up
In section 15 of the Accident Compensation Act 1985—
(a)for "contract of service" substitute "contract of employment";
(b)after "deemed to be that employer" insert "and, for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, amounts paid or payable by the deemed employer to that person are deemed to be remuneration".
34Amendment of sections 16 and 16A
(1)In section 16(4)(a) of the Accident Compensation Act 1985, for "horse race at a race meeting" substitute "horse race conducted as part of a race meeting".
(2)In section 16A of the Accident Compensation Act 1985—
(a)in paragraph (d) for "driver." substitute "driver; and";
(b)after paragraph (d) insert—
"(e)amounts paid or payable to the rider or driver for so participating are deemed to be remuneration for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993.".
35Amendment of section 17—Outworkers
(1)In section 17 of the Accident Compensation Act 1985—
(a)in subsection (1)(b), after "a family entity" insert "or a family business";
(b)in subsection (1)(b)(i), after "the family entity" insert "or family business";
(c)in subsection (2), after "person" insert
"or persons";
(d)in subsection (3), for "the family entity" (where first occurring) substitute "a family entity".
(2)After section 17(4) of the Accident Compensation Act 1985 insert—
"(4A)For the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993, an amount paid or payable for the performance of outwork—
(a)to a person who, under subsection (1)(a)(i) is deemed to be a worker; or
(b)to a family entity or family business referred to in subsection (1)(b)(i)—
by the person deemed under subsection (1)(a)(ii) or (b)(ii), as the case requires, to be the employer, is deemed to be remuneration.".
(3)In section 17(5) of the Accident Compensation Act 1985, insert the following definition—
"family business means an unincorporated business—
(a)of which a natural person who is an outworker is the sole proprietor; and
(b)that does not engage any person other than the outworker or a member of the outworker's family;".
Division 2—Amendment of Part 2 of the Accident Compensation Act 1985
36Repeal of section 18A
Section 18A of the Accident Compensation Act 1985 is repealed.
37Amendment of section 20C—Accountability of the Authority
Section 20C(2) of the Accident Compensation Act 1985 is repealed.
38Repeal of section 23A
Section 23A of the Accident Compensation Act 1985 is repealed.
39Meetings of the Board
In section 28(1) of the Accident Compensation Act 1985, for paragraph (b) substitute—
"(b)must, if requested to do so by a Director—".
40WorkCover Authority Fund—amendment of section 32
For section 32(4)(d) of the Accident Compensation Act 1985 substitute—
"(d)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 County Court, the Magistrates' Court or the Tribunal arising out of the operation of the Act;".
Division 3—Amendment of Parts 3 and 4
41Amendment of section 39
(1)In section 39 of the Accident Compensation Act 1985, for subsection (1A) substitute—
"(1A)Proceedings must not be brought in respect of any question or matter arising out of a decision of the Authority under section 134AB(20), 134AB(20A), 135A(6A) or 135A(6B).
(1B)In subsection (1A), proceedings includes—
(a)the inquiry into, hearing and determination of any question or matter under this Act;
(b)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction;
(c)seeking any order under the Administrative Law Act 1978;
(d)any other action or proceeding.".
(2)In section 39(2)(b) of the Accident Compensation Act 1985, for "V; or" substitute "V.".
(3)Section 39(2)(c) of the Accident Compensation Act 1985 is repealed.
42Repeal of redundant provisions
Sections 42, 42A and 42B of the Accident Compensation Act 1985 are repealed.
43Appeals to Court of Appeal—amendment of sections 51 and 52
(1)Insert the following heading to section 51 of the Accident Compensation Act 1985—
"Appeals to the Court of Appeal".
(2)In section 51 of the Accident Compensation Act 1985, for "Supreme Court" (wherever occurring) substitute "Court of Appeal".
(3)In section 52(1) of the Accident Compensation Act 1985, for "Any" substitute "Subject to subsection (1A), any".
(4)After section 52(1) of the Accident Compensation Act 1985 insert—
"(1A)If the judgement, decision or determination a person intends to appeal against was in respect of an interlocutory matter, the person may only appeal to the Court of Appeal with leave of the Court of Appeal.".
(5)For section 52(2), (3) and (4) of the Accident Compensation Act 1985 substitute—
"(2)If a person intends to appeal to the Court of Appeal under subsection (1), the person, within 21 days after the giving of the judgement or making of the decision or determination, must—
(a)serve a notice of appeal on the County Court and on each other party to the proceedings; and
(b)lodge the notice of appeal with the Court of Appeal.
(3)A person who intends to appeal to the Court of Appeal in accordance with subsection (2), may apply to the Court of Appeal for an extension of time to serve and lodge the notice of appeal as required by that subsection within 21 days after the giving of the judgement or making of the decision or determination that the person intends to appeal.
(4)The Court of Appeal may extend the time by which a person must serve and lodge a notice of appeal under subsection (2) whether or not—
(a)an application has been made to extend that time;
(b)the time for lodging and serving the notice of appeal has expired.
(5)The Court of Appeal must not consider an appeal if the notice of appeal has not been served and lodged as required by this section.".
(6)For section 52(6) of the Accident Compensation Act 1985 substitute—
"(6)If the judgement, decision or determination appealed against included a finding that compensation in the form of weekly payments be paid, the weekly payments must continue despite service of a notice of appeal or the lodging of that notice until the County Court reviews the judgement, decision or determination in accordance with subsection (8).".
(7)In section 52(7) of the Accident Compensation Act 1985—
(a)after "If the" insert "judgement, decision or";
(b)for paragraphs (b) and (c) substitute—
"(b)if a notice of appeal has been served and lodged under subsection (2) or within a period of time extended under subsection (4), must not be paid until the Court of Appeal has considered the appeal and the County Court has made a determination under subsection (8) or the appeal has been withdrawn.".
(8)For section 52(8) of the Accident Compensation Act 1985 substitute—
"(8)On the making of a determination by the Court of Appeal on an appeal under this section, the County Court must review its judgement, decision or determination and make a new determination not inconsistent with the Court of Appeal's determination.".
44Amendment of section 59
Insert the following heading to section 59 of the Accident Compensation Act 1985—
"Disputes relating to compensation".
45Amendment of section 62(5)
In section 62(5) of the Accident Compensation Act 1985—
(a)in paragraph (c), after "section 138" insert "or any other indemnity under this Act";
(b)in paragraph (d), after "section 249A" insert "or any other amount relating to the recovery of payments under this Act".
46Payment of compensation—offshore area
(1)In section 80(9) of the Accident Compensation Act 1985, for the definition of State substitute—
"State includes—
(a)Territory; and
(b)the offshore area, within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, of the relevant State or Territory.".
(2)Schedule 3 of the Accident Compensation Act 1985 is repealed.
47Amendment of section 82C
(1)In section 82C(1)(b)(iii) of the Accident Compensation Act 1985, for "1958." substitute "1958;".
(2)After section 82C(1)(b)(iii) of the Accident Compensation Act 1985 insert—
"(iv)a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986.".
48Amendment of section 82D
In section 82D of the Accident Compensation Act 1985—
(a)in paragraph (c), for "paid." substitute
"paid; and";
(b)after paragraph (c) insert—
(2)For the purposes of subsection (1), a decision includes a deemed decision under section 114N(3).
381Section 114S
(1)Section 114S, as amended by section 71 of the amending Act, applies to objections made by a claimed employer under section 114I on or after the commencement date in respect of which the Authority has not, before that date, made a decision under section 114N.
(2)For the purposes of subsection (1), a decision includes a deemed decision under section 114N(3).
382Section 125A(3)
(1)Section 125A(3), as amended by section 72 of the amending Act, applies to objections made by a claimed employer under section 114I on or after the commencement date in respect of which the Authority has not, before that date, made a decision under section 114N.
(2)For the purposes of subsection (1), a decision includes a deemed decision under section 114N(3).
383Section 144A
Section 144A, as inserted by section 100 of the amending Act, applies to any employer that is a self-insurer that, on or after the commencement date, becomes a subsidiary of another body corporate.
384Section 148
Section 148, as amended by section 101 of the amending Act, applies on and after the commencement date to assessments of employers carried out under section 148(4) for the purposes of providing a guarantee under section 148.
385Section 150A
Section 150A, as amended by section 102 of the amending Act, applies to elections made by a self-insurer to assume the liability for, and responsibility for management of, the tail claims of an acquired body on or after the commencement date.
386Section 208
Section 208, as amended by section 109 of the amending Act, applies to the obligation to provide information on and after the commencement date.
387Section 240A
Section 240A, as amended by section 112 of the amending Act, applies to warrants issued on or after the commencement date.
388Section 92B
(1)Section 92B as amended by section 53(2) of the amending Act applies to weekly payments of pension paid or payable on or after the commencement date.
(2)Payments of weekly pensions under section 92B made on or after 5 April 2010 and before the commencement of section 129 of the amending Act in accordance with section 92B as amended by section 53(2) of the amending Act are deemed to have been validly made.
389Guidelines under section 14AA
Guidelines made under section 14AA(4) on 21 June 2010 are deemed to have been made in accordance with section 14AA(4) as amended by section 32(2) of the amending Act.".
Division 7—New Schedule 6 inserted
130New Schedule 6 inserted
After Schedule 5 to the Accident Compensation Act 1985 insert—
"SCHEDULE 6
Section 243(2)(d)
Persons to whom document may be produced or information communicated or divulged
1.The Secretary to the Department of Innovation, Industry and Regional Development.
2.The Secretary to the Department of Treasury and Finance.
3.The Coroners Court.
4.The Public Advocate.
5.The Commissioner of State Revenue.
6.The Transport Accident Commission.
7.A person who has responsibility for the administration of a welfare, benefit or compensation scheme of a State or Territory or the Commonwealth.
8.A corresponding Authority.
9.A Department or public entity within the meaning of the Public Administration Act 2004.
10.The National Occupational Health and Safety Commission.
11.The Australian Statistician.
12.The Board or committee of management (by whatever name called) of a statutory superannuation scheme within the meaning of the Superannuation (Portability) Act 1989.
13.Any special commission (within the meaning of the Evidence (Commissions) Act 1982) where—
(a)the Authority has received a request in writing for information from the special commission; and
(b)the Minister has given written approval to the Authority of the communication of that information;
(c)the Authority has given to that person written approval of the communication of that information.
14.A person, committee or body approved by the Governor in Council.
15.A committee of the Parliament.
16.CPA Australia.
17.A responsible board within the meaning of the Health Professions Registration Act 2005.
18.Legal Services Board.
19.The Legal Services Commissioner within the meaning of the Legal Profession Act 2004.
20.The Victorian Bar Inc. within the meaning of the Legal Profession Act 2004.
21.CoINVEST Limited A.C.N. 078 0040985 or its successors.".
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Part 4—Accident Compensation (WorkCover Insurance) Act 1993
131Amendment of definition of WorkCover insurance policy
In section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993, for the definition of WorkCover insurance policy substitute—
"WorkCover insurance policy means an insurance policy issued or deemed to be in force in accordance with this Act;".
132Amendment of section 3
(1)In section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993 insert the following definition—
"applicable prescribed percentage has the same meaning as in the section 5(1) of the Accident Compensation Act 1985;".
(2)In section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993—
(a)for the definition of Authority substitute—
"Authority has the same meaning as in section 5(1) of the Accident Compensation Act 1985;";
(b)for the definition of employer substitute—
"employer has the same meaning as in the Accident Compensation Act 1985;";
(c)for the definition of remuneration substitute—
"remuneration means remuneration within the meaning of section 3AA;";
(d)for the definition of worker substitute—
"worker has the same meaning as in the Accident Compensation Act 1985;".
(3)In section 3 of the Accident Compensation (WorkCover Insurance) Act 1993, subsection (4) is repealed.
133Remuneration—new section 3AA
After section 3 of the Accident Compensation (WorkCover Insurance) Act 1993 insert—
"3AA Remuneration
(1)Subject to this section, remuneration means any wages, remuneration, salary, commission, incentive-based payment, bonus, penalty rate, loading, overtime payment, monetary allowance or shift allowance (whether at piece work rates or otherwise and whether paid or payable in cash or kind) paid to or in relation to a worker and without limiting the generality of the foregoing includes but is not limited to—
(a)wages, remuneration, salary, commission, an incentive based payment, bonus, penalty rate, loading, overtime rate, monetary allowance, piece rate, shift allowance (however described and whether paid or payable in cash or in kind) and whether paid by or on behalf of the employer or by a person working in concert with, or under an arrangement or understanding (whether formal or informal and whether expressed or implied) with the employer;
(b)an amount or payment that, under the Accident Compensation Act 1985 or this Act, is deemed to be remuneration;
(c)a fringe benefit within the meaning of the Accident Compensation Act 1985;
(d)a superannuation benefit, other than a superannuation benefit paid or payable in respect of services performed or rendered by a worker before 1 January 1998;
(e)an amount paid or payable by a company to or in relation to a director or member of the governing body of that company for services rendered by that person to the company.
(2)In subsection (1), remuneration does not include—
(a)an amount paid or payable to a person within the meaning of section 16 of the Accident Compensation Act 1985 engaged by an employer to participate as a contestant in a sporting or athletic activity in respect of the services provided by the person while the person is—
(i)participating as a contestant in that sporting or athletic activity;
(ii)engaging in training or preparation with a view to so participating;
(iii)travelling between a place of residence and the place at which the person is so participating or so engaged;
(b)an amount paid or payable to an apprentice under a training contract made in accordance with a training scheme that is approved by the Victorian Skills Commission under Part 5.5 of the Education and Training Reform Act 2006 if the apprentice or training scheme is, or is in a class of apprentices or training schemes declared by the Minister to be an apprentice or training scheme to which this paragraph applies;
(c)an allowance for travel or accommodation paid or payable at a rate in a particular class or class of cases that does not exceed the rate prescribed for that class or classes;
(d)an amount that does not exceed the exemption limit;
(e)any payment of compensation in respect of an injury under the Accident Compensation Act 1985 or this Act;
(f)in relation to a worker of a class to which an applicable prescribed percentage applies, that applicable prescribed percentage.".
134Consequential amendments to section 3
In section 3 of the Accident Compensation (WorkCover Insurance) Act 1993, for subsections (3), (4) and (5) substitute—
"(3)A reference in the definition of superannuation benefit to a worker includes a reference to any person to whom, by virtue of the definition of remuneration, an amount paid or payable in the circumstances referred to in that definition constitutes remuneration.
(4)For the purposes of paragraph (c) of the definition of superannuation benefit and section 3B(b), a superannuation, provident or retirement fund or scheme is unfunded to the extent that money paid or payable by an employer in respect of a worker covered by the fund or scheme is not paid or payable during the worker's period of employment with the employer.".
135New section 4 substituted
For section 4 of the Accident Compensation (WorkCover Insurance) Act 1993 substitute—
"4 Act does not apply to certain self-insurers
This Act does not apply to a self-insurer under Part V of the Accident Compensation Act 1985.".
136Definition—deemed policy amendment
In the definition of WorkCover insurance policy in section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993, after "issued" insert "or deemed to be in force".
137Compulsory WorkCover Insurance
(1)In section 7(3B) of the Accident Compensation (WorkCover Insurance) Act 1993, after "policy period" (where first occurring) insert "calculated in accordance with the premiums order for that period".
(2)In section 7(3C) of the Accident Compensation (WorkCover Insurance) Act 1993—
(a)after "for the deemed part of a policy period" insert "calculated in accordance with the premiums order for that period";
(b)after "full policy period" insert "calculated in accordance with the premiums order for that period".
138Repeal of section 7(4A) and (4B)
In section 7 of the Accident Compensation (WorkCover Insurance) Act 1993, subsections (4A) and (4B) are repealed.
139Premiums to be calculated in accordance with premiums order
(2)At the end of section 17 of the Accident Compensation (WorkCover Insurance) Act 1993 insert—
"(2)If an employer is deemed to have in force a policy of insurance under section 7(3A), the premium payable by the employer for that insurance policy must be calculated in accordance with the relevant premiums order for that period.".
140Compulsory WorkCover insurance—amendment of section 7
In section 7(1AAA) of the Accident Compensation (WorkCover Insurance) Act 1993, for "the employer's liability to pay damages under" substitute "any of the employer's liabilities arising out of or related to".
141WorkCover Insurance Policy—amendment of section 9
In section 9(2A) of the Accident Compensation (WorkCover Insurance) Act 1993, for "damages under" substitute "any of the employer's liabilities arising out of or related to".
142Estimate of rateable remuneration—amendment of section 18
Before section 18(1) of the Accident Compensation (WorkCover Insurance) Act 1993 insert—
"(1AA)The Authority may, for the purposes of this Act, estimate the rateable remuneration an employer is liable to pay to, or in respect of, workers.".
143Amendments to section 36H
(1)In the heading to section 36H of the Accident Compensation (WorkCover Insurance) Act 1993 for "under section 36L" substitute "by the Authority".
(2)In section 36H(1) of the Accident Compensation (WorkCover Insurance) Act 1993, for "this Part" substitute "section 33".
(3)In section 36H(3)(a) of the Accident Compensation (WorkCover Insurance) Act 1993, for "this Part" substitute "section 33".
144Authority may recover amount in relation to claim—amendment of section 61
After section 61(1)(a) of the Accident Compensation (WorkCover Insurance) Act 1993 insert—
"(b)in respect of an injured worker to or in respect of whom compensation has been paid or is payable under the Uninsured Employers and Indemnity Scheme, an employer at the relevant time and deemed to have in force a policy of insurance in accordance with section 7(3A)—".
145Amendment of section 66
For the definition of business in section 66(12) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute—
"business includes—
(a)a profession or trade; and
(b)any other activity carried on for fee, gain or reward; and
(c)the activity of employing one or more persons who perform duties for or in connection with another business; and
(d)the carrying on of a trust (including a dormant trust); and
(e)the activity of holding any money or property used for or in connection with another business—
whether carried on by 1 person or 2 or more persons together;".
146Amendment of section 68
(1)In section 68(2) of the Accident Compensation (WorkCover Insurance) Act 1993, for "under this Act" substitute "by or under this Act".
(2)For section 68(5) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute—
"(5)Notwithstanding any Act or any rule of the court to the contrary, in any proceedings for the recovery of a premium or penalty against any person it is sufficient to disclose a cause of action in those proceedings if the statement of claim specifies, in respect of what remuneration the premium or penalty is payable—
(a)the amount sought to be recovered; and
(b)the date on which the amount was payable; and
(c)any further or other particulars as the Authority thinks necessary to fully inform the defendant of the nature of the statement of claim.".
147Repeal of section 70
Section 70 of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.
148Amendment of section 82
In section 82 of the Accident Compensation (WorkCover Insurance) Act 1993, for "applies to any" substitute "applies to the premiums order commencing on 1 July 2010 and to any other".
149Amendment of section 87
In section 87 of the Accident Compensation (WorkCover Insurance) Act 1993, for "notices of premium" substitute "notices specified in section 33".
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Part 5—Miscellaneous
Division 1—Amendment of transitional provisions
150Amendment of transitional provision in relation to section 7
In section 193 of the Accident Compensation Amendment Act 2010, in proposed new section 80(4)(a) of the Accident Compensation (WorkCover Insurance) Act 1993, after "in respect of any" insert "of the".
151Amendment of transitional provision in relation to section 103
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 306 of the Accident Compensation Act 1985, for "and (4)" substitute ", (4), (4E), (4F), (4G) and (4H)".
152Amendment of transitional provision in relation to sections 105 and 108
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 307 of the Accident Compensation Act 1985, for "received" substitute "given, served or lodged".
153Amendment of transitional provision in relation to section 55AA
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 311 of the Accident Compensation Act 1985 for "a medical question arising in a dispute" substitute "an application made under section 93CD".
154Amendment of transitional provision in relation to section 43
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 322 of the Accident Compensation Act 1985 omit "under this Act".
155Amendment of transitional provision in relation to section 45
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 323 of the Accident Compensation Act 1985 omit "only".
156Amendment of transitional provision in relation to section 134AB
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 325(1) of the Accident Compensation Act 1985, after "damages in" insert "accordance with".
157Amendment of transitional provision in relation to section 138
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 349 of the Accident Compensation Act 1985, after "Sections" insert "138(6),".
158Amendment of transitional provision in relation to Part VIIB
In section 191 of the Accident Compensation Amendment Act 2010, in proposed new section 350(10), for "115A(2)" substitute "155A(2)".
Division 2—Statute law revision
159Statute law revision
In the Accident Compensation Amendment Act 2010—
(a)in section 23—
(i)in proposed new section 242AC(6)(b), for "will not brought" substitute
"will not be brought";
(ii)in proposed new section 242AF, for "under 242AD" substitute "under section 242AD";
(b)in section 26, in proposed new section 252J, for "242AC (7)" substitute "242AC(7)";
(c)in section 30, in proposed new section 91E, in paragraph (b) of the definition of second entitlement period, for "Authority of" substitute "Authority or";
(d)in section 31, in proposed new section 93B—
(i)in subsection (1)(c)(ii), for "earnings-" substitute "earnings—";
(ii)in subsection (2)(b)(i), for "earnings, or" substitute "earnings; or";
(iii)in subsection (3)(b)(i), for "earnings, or" substitute "earnings; or";
(e)in section 32(b), for "93B(2)(a) or (b)" substitute "section 93B(2)(a) or (b)";
(f)in section 32(c), after "135A(18)" insert
"; and";
(g)in section 42 for "After section 97(1)" substitute "In section 97(1)";
(h)in section 44, for "After section 252K" substitute "Before section 253";
(i)in section 46, in proposed new section 114AA(3)(a), for "respect of worker" substitute "respect of a worker";
(j)in section 54, in proposed new section 98C(2)(b)(ii) and (c)(ii), for "1.1" substitute "1·1";
(k)in section 64, for "(2) After section 5(3)" substitute "(3) After section 5(3)";
(l)in section 68—
(i)in subsection (7), for "503 000" substitute "$503 000";
(ii)in subsection (9), for ' "$503 000;' substitute ' "$503 000";
(m)in section 126, in proposed new section 150B(1), for "self insurer" substitute
"self-insurer";
(n)in section 138(a), for 'paragraph (a), "prepare' substitute 'paragraph (a), for "prepare';
(o)in section 141(a), for 'paragraph (a), "prepare' substitute 'paragraph (a), for "prepare';
(p)in section 143, in proposed new section 249B—
(i)in subsection (4)(b), for "case of a subsection" substitute "case of a suspension under subsection";
(ii)in subsection (11), in the definition of relevant body, omit "means";
(q)in section 191—
(i)in proposed new section 308, in the heading, for "Sections" substitute "Section";
(ii)in proposed new section 317, for "applies" substitute "apply";
(iii)in proposed new section 319, for "before ," substitute "before,";
(iv)in proposed new section 350(6), for "commencement date" substitute "commencement date.".
Division 3—Amendment of other Acts
160Wrongs Act 1958
After section 24 of the Wrongs Act 1958 insert—
"24AAA When employer not liable to indemnify third party in relation to an injury
A term of a contract that requires, or has the effect of requiring, an employer within the meaning of the Accident Compensation Act 1985 to indemnify a third party, or make contribution, in respect of the third party's liability to pay damages for an injury to, or death of, a worker within the meaning of that Act arising in the course of the worker's employment with the employer is void.".
161Offshore Petroleum and Greenhouse Gas Storage Act 2010
In Schedule 6 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010, item 2 is repealed.
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Part 6—Repeal of Act
162Repeal of Act
This Act is repealed on 1 July 2012.
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
Minister's second reading speech—
Legislative Assembly: 29 July 2010
Legislative Council: 16 September 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Accident Act 1986 and to make further amendments to the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993, to make consequential amendments to certain other Acts and for other purposes"
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 15 September 2010
Legislative Council: 5 October 2010
0
0
0