Workers Compensation Act 1958 (Vic)
Version No. 161
Workers Compensation Act 1958
No. 6419 of 1958
Version incorporating amendments as at
6 September 2023
TABLE OF PROVISIONS
Section Page
1Short title and commencement
1AApplication of Act
1AACompensation for death of worker
1BConstruction of references
2Repeals and savings
2ATransitional—1975 amendments—compensation
2BTransitional—1975 amendments—insurance
2CTransitional—1975 amendments—recompense etc.
2DTransitional—1979 amendments—compensation
2ETransitional—1979 amendments—insurance
2FTransitional—1979 amendments—recompense to employer
2GTransitional—1979 amendments—recompense to insurer
2HTransitional—1979 amendments—payments into the Fund
2JTransitional—1979 amendments—determinations by the County Court
2KTransitional—1975 and 1979 amendments—operation of section 72(1)(a)
2LTransitional—definitions
3Definitions
3ASecretaries of co-operative societies
4Workers employed by the Crown etc.
Part I—Employers' liability
Division 1—Liability to pay compensation
5Employers' liability
5ANominal defendant
5AAPayments by employer not admission of liability
6Injury due to serious and wilful misconduct
7Victorian workers injured outside Victoria
7APublic servants injured outside Victoria
7BEntitlement to compensation under the law of another State etc.
8Injury in course of employment
Division 2—Compensation generally and for specified injuries
9Compensation for death and incapacity for work
10Worker ceasing to reside in Australia
11Compensation for specified injuries
Division 3—Compensation for industrial diseases
12Disease due to employment
12ACertificate by a registered medical practitioner
13False representation
14From which employer compensation recoverable
15Notice of death or disablement
16Nominal defendant
17Production of section 12 certificate
18Calculation of compensation
19References to medical referee
19AReference under section 19
19BProcedure relating to references under section 19
20Date of disablement
21Proclamation of diseases
22Proclaimed diseases deemed to be due to employment
23Regulations
25Saving as to personal injury
Division 3A—Industrial deafness
25ADefinitions
25BIndustrial deafness due to employment
25CCompensation payable only under Divisions 3A and 4
25DFrom which employer compensation recoverable
25ENominal defendant
25FDeafness deemed to have occurred at a constant rate
25GCompensation in accordance with sections 9 and 11
25GATransitional—presumption under previous section 25G(2)
25HPrior injury
25IFinality of awards
25JExtinguishment of rights
Division 4—Compensation for medical and like services
26Liability for medical etc. services and burial etc. costs
Division 5—Medical examinations of workers
27Medical examinations
Division 6—Payment of compensation under awards, &c.
28Purported payments; awards by consent
29Payment by instalments; interim awards
30Compensation inalienable
31Penalties not affected
31ATransitional provision
Division 7—Payments under schemes under the 1928 Act
32Payments in case of death
Division 8—Administration by the State Trust Corporation of Victoria
34Certain payments to be administered by the State Trust Corporation of Victoria
35Powers of the State Trust Corporation of Victoria in relation to administration
36Power of the State Trust Corporation of Victoria to make determinations
37Transitional provisions in respect of payments into the custody of the Board
Part II—Proceedings under the Act
Division 1—Notice of injuries and claims
41Time for taking proceedings
42Notice may be written or oral
43Service
44Notice of claims
45Defects in notices; injury book
46Enforcement of awards
Part III—Miscellaneous
Division 1—Seamen
59Injuries to seamen employed on Victorian ships
Division 2—Contractors and sub-contractors
60Sub-contracting
Division 3—Insolvency of employer
61Insolvency of employer
Division 4—Action brought independently of this Act
62Remitting of cases etc.
63Application of section 62
63AAcceptance of compensation under this Act
63BWhere judgment unsatisfied
64Where judgment satisfied
65Reduction of judgment by compensation
66Where judgment against third party
67Indemnity by third party
68Payment into court
69Settlement by third party
70Reduction of compensation by damages under Wrongs Act 1958
Division 6—Liability of insurer
71ALiability of insurer
Division 7—Insurance policies and transitional provisions
72AExtension of policies
72BTermination of policies
72CProof of identity
Division 8—Regulations
73Regulations
Division 9—Returns showing compensation paid
74Returns
Division 10—Offences
75Malingering
76Prosecutions
77General penalty
Part IVA—Certain payments out of the Fund
85Payments out of Fund where employer uninsured
Part V—Provisions relating to the Accident Compensation Fund and the Insurers Guarantee and Compensation Supplement Fund
Division 1—Transitional and general provisions
91Definition
92Insurers Guarantee and Compensation Supplementation Fund to be transferred to Accident Compensation Fund
93Payments into the Fund
94Recovery of moneys
95Refund of overpayments
96Obligations under this Part
98Payments out of Fund
98AAdditional amounts paid under section 2A
98BRecompense from the Fund for additional amounts paid under section 2A
99Advances from Public Account
100Transitional
100BAuditor's certificate
100CInspection of insurer's records
Division 2—Payments from Fund
101Claims etc. to which Part applies
102Failure to provide indemnity
103Notice of claims etc.
103AWinding up of insurer
103BNotices and advertisement of winding up
104Contract of indemnity
Part VI—Provisions relating to the Accident Compensation Fund and the Workers Supplementation Fund
105Definitions
106Contributions
107Payment of contributions
108Recovery of moneys
109Overpayments
110Workers Supplementation Fund to be transferred to Accident Compensation Fund
111Payments into the Fund
111AObligations under this Part
112Payments out of the Fund
112AAdditional amounts paid under section 2G
112BRecompense from the Fund for additional amounts paid under section 2G
113Provisions in respect of moneys previously advanced from the Insurers Guarantee and Compensation Supplementation Fund
114Transitional
116Auditor's certificate
117Inspection of insurer's records
Schedules
First Schedule
Second Schedule
Third Schedule—List of diseases proclaimed
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 161
Workers Compensation Act 1958
No. 6419 of 1958
Version incorporating amendments as at
6 September 2023
An Act to consolidate the Law relating to Compensation to Workers for Injuries arising out of or in the Course of their Employment.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
(1)This Act may be cited as the Workers Compensation Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
* * * * *
1AApplication of Act
(1)Despite anything to the contrary in this Act—
(a)this Act applies to and in relation to an injury to a worker—
(i)before the appointed day arising out of or in the course of employment before the appointed day; or
(ii)after the appointed day arising out of or in the course of employment solely before the appointed day; and
(b)this Act does not apply to or in relation to an injury to a worker on or after the appointed day arising out of or in the course of employment on or after the appointed day.
(2)Nothing in this section prevents a worker from being entitled to compensation under this Act in respect of a disease due to the nature of any employment in which the worker was employed before the appointed day if the worker was not employed in employment of that nature on or after the appointed day.
(3)This Act shall be read together with the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013.
1AACompensation for death of worker
(1)Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the Accident Compensation Act 1985.
(2)If a claim for compensation in respect of the death of a worker is made under the Accident Compensation Act 1985, a claim must not be made under this Act by any dependant of the worker unless the claim made under the Accident Compensation Act 1985 is withdrawn or is rejected.
(3)Subsection (1) does not affect the application of the principle referred to in section 129B(6)(a) of the Accident Compensation Act 1985.
(4)This section applies in relation to deaths occurring on or after the appointed day but nothing in this section affects any payment of compensation made before the day on which section 7 of the Accident Compensation (Further Amendment) Act 1992 comes into operation.
1BConstruction of references
Any reference to this Act or to any provision of this Act in any other Act (except the Accident Compensation Act 1985) or in any regulation notice legal or other proceeding instrument document or other writing of any kind whatsoever shall, so far as relates to any matter to which this Act pursuant to section 1A(1)(a) does not apply and if not inconsistent with the context or subject-matter, be deemed and taken to be a reference to the Accident Compensation Act 1985 or the corresponding provision of that Act.
2Repeals and savings
(1)The Acts mentioned in the First Schedule to this Act to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2)Except as in this Act expressly or by necessary implication provided—
(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application claim determination award assessment certificate appointment policy reference arrangement fund notice judgment appeal proceeding liability or right made effected issued granted given presented accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
(3)Notwithstanding the repeal by this Act of the Workers Compensation Act 1953 and the Workers Compensation (Amendment) Act 1953 the provisions of section fifteen of the former Act as re-enacted by section eight of the latter Act shall continue in operation and be given effect according to their tenor so long as the circumstances require; and without limiting the operation of the foregoing provisions of this subsection it is hereby declared that the provisions of the said section fifteen as so re-enacted are as reproduced in the Second Schedule to this Act.
(4)Notwithstanding anything to the contrary in any rule of law or construction the provisions of this Act as in force immediately before the commencement of the Workers Compensation Act 1973 so far as they relate to rates or amounts of compensation, shall apply with respect to every payment of compensation made on or after the 6th March, 1973 irrespective of the date of occurrence or origin of the injury or disease giving rise to the right to compensation and—
(a)notwithstanding that an award for a lesser rate or amount may have been made by the Board before the commencement of the Workers Compensation Act 1973; and
(b)notwithstanding that payments at a lesser rate or of a lesser amount may have been made before the commencement of the Workers Compensation Act 1973—
and every policy of accident insurance or indemnity which operated to indemnify an employer against claims which arose under the Act before the commencement of the Workers Compensation Act 1973 shall notwithstanding anything to the contrary therein be read and construed as fully insuring or indemnifying the employer against the increased liability incurred by reason of the provision made by the Workers Compensation Act 1973.
2ATransitional—1975 amendments—compensation
(1)The provisions of this Act, so far as they relate to amounts of compensation payable in accordance with the Table appended to subsection (1) of section 11 in respect of an injury of a worker shall—
(a)where the injury occurs on or after the 1st day of July, 1975 and before the commencement of section 3 of the Workers Compensation (Amendment) Act 1982—apply as amended by the Workers Compensation (Amendment) Act 1975; and
(b)except as provided by paragraph (a)—continue to apply where the injury occurred before the 1st day of July, 1975, notwithstanding the commencement of section 7 of the Workers Compensation (Amendment) Act 1975 as in force immediately before the said commencement.
(2)The provisions of this Act, so far as they relate to amounts of compensation payable in respect of the death of a worker shall—
(a)where the death of a worker occurs on or after the 1st day of July, 1975—apply as amended by the Workers Compensation (Amendment) Act 1975; and
(b)except as provided by paragraph (a)—continue to apply notwithstanding the commencement of section 6 of the Workers Compensation (Amendment) Act 1975 as in force immediately before the said commencement.
(3)Notwithstanding anything to the contrary in any rule of law or construction, the provisions of this Act as amended by the Workers Compensation (Amendment) Act 1975, so far as they relate to rates or amounts of compensation payable otherwise than in respect of the death of a worker or in accordance with the Table appended to subsection (1) of section 11, shall apply with respect to every payment of compensation made on or after the 1st day of July, 1975 irrespective of the date of occurrence or origin of the injury or disease giving rise to the right to compensation and notwithstanding that compensation had accrued or was payable before the 1st day of July, 1975 but was unpaid before that date or that—
(a)an award for a lesser rate or amount may have been made by the Board before the said day; or
(b)payment at a lesser rate or of a lesser amount may have been made before the said day.
2BTransitional—1975 amendments—insurance
(1)This section applies to a policy of accident insurance or indemnity operating to insure or indemnify an employer against claims under this Act.
(2)Subject to subsections (3) and (4), a policy shall not insure or indemnify the employer against any additional amount payable by him by virtue of the provisions of the Workers Compensation (Amendment) Act 1975.
(3)Where the employer is not entitled to be recompensed from the Fund for any additional amount payable by him the policy shall insure or indemnify the employer for that amount.
(4)Subsection (3) shall not be construed as having required an employer to be insured or indemnified in respect of any amount in respect of which an employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
(5)In this section and in section 2C—
additional amount means an amount by which the sum payable as compensation under this Act as in force immediately before 1 July 1975 in respect of an injury of a worker arising out of or in the course of the employment of the worker before 1 July 1975 is increased by virtue of a provision of the Workers Compensation (Amendment) Act 1975;
employer means an employer who was required to obtain a policy of accident insurance or indemnity pursuant to section 72(1)(a) as in force before the appointed day.
* * * * *
2CTransitional—1975 amendments—recompense etc.
(1)Where an additional amount is payable by an employer as compensation by virtue of section 2A(3), so far as it relates to rates of compensation, the employer shall, subject to subsections (2), (3) and (4), be entitled to be recompensed from the Fund for that additional amount.
(2)Where in pursuance of the provisions of section 72(1)(a) as in force before the appointed day an employer had elected not to be indemnified or insured in respect of the first $500 of any claim for compensation, subsection (1) shall not entitle him to be recompensed from the Fund in respect of that first $500.
(3)Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $25 930, subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $25 930.
(4)Where in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $25 930, subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $25 930.
(5)An insurer may, and shall if required by the Authority to do so, pay on behalf of an employer any additional amount payable as compensation by virtue of section 2A(3), so far as it relates to rates of compensation.
(6)Subsection (5) shall not be construed as permitting the Authority to require an insurer to pay or the insurer to pay the first $500 of any claim in respect of which the employer had elected not to be indemnified or insured pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
(7)Subject to subsections (8) and (9), where an insurer pays or is required to pay an amount under subsection (5), the insurer shall be entitled to be recompensed from the Fund for that additional amount.
(8)Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $25 930, subsection (7) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $25 930.
(9)Where in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $25 930, subsection (7) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the total liability exceeds $25 930.
(10)Where in respect of an injury of a worker an employer or insurer—
(a)has been recompensed from the Fund in pursuance of subsection (1) or subsection (7); and
(b)has recovered by virtue of section 62 an amount of damages in respect of that injury—
the employer or insurer shall forthwith pay into the Fund an amount equal to an amount calculated in accordance with the formula where—
Ais the amount that has been recompensed from the Fund;
Bis the amount recovered by virtue of section 62; and
Cis the total amount of compensation payable under this Act.
(11)Where—
(a)in pursuance of section 9(2) the County Court awards a lump sum in respect of an injury of a worker arising out of or in the course of the employment of the worker before 1 July 1975; and
(b)the County Court considers that the worker's total or partial incapacity for work resulting from that injury continues or will continue after 30 June 1975—
the County Court shall specify—
(c)the period of total or partial incapacity for which the award is calculated;
(d)the weekly payment used to calculate the sum awarded for the period of total or partial incapacity ending on 30 June 1975; and
(e)the weekly payment used to calculate the sum awarded for the period of total or partial incapacity commencing on and from 1 July 1975.
2DTransitional—1979 amendments—compensation
(1)Subject to subsection (2) but notwithstanding anything to the contrary in any other provision of this Act or in any rule of law or construction, the provisions of this Act as amended by section 6 of the Workers Compensation (Miscellaneous Provisions) Act 1979 so far as they relate to the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of an injury of a worker shall apply with respect to every payment of compensation made on or after the commencement of this section, whether the date of the occurrence of the injury was before or is on or after the commencement of this section and irrespective of the origin of the injury or disease giving rise to the compensation, and notwithstanding the fact that compensation had accrued or was payable before the said commencement but was unpaid before that date or that—
(a)an award for a lesser rate or amount may have been made by the Board before the said date; or
(b)payment at a lesser rate or of a lesser amount may have been made before that date.
(2)Notwithstanding anything to the contrary in this Act or in any rule of law or construction, where the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of an injury of a worker are increased or decreased in any year pursuant to the provisions of section 9(3), the rates and amounts of compensation as so increased or decreased shall apply in respect of every payment of compensation accruing on or after 1 July in that year whether the date of the occurrence of the injury was before or is on or after that date and irrespective of the origin of the injury or disease giving rise to the compensation, and notwithstanding the fact that—
(a)an award for a lesser rate or amount may have been made by the Board, the Tribunal or the County Court (as the case may be) before that date; or
(b)payments at a lesser rate or of a lesser amount may have been made before that date.
(3)The provisions of this Act, so far as they relate to rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of the death of a worker, shall—
(a)where the death occurs on or after the commencement of this section—apply as amended by section 6 of the Workers Compensation (Miscellaneous Provisions) Act 1979; and
(b)except as provided by paragraph (a)—continue to apply notwithstanding the commencement of section 6 of the Workers Compensation (Miscellaneous Provisions) Act 1979 as in force immediately before the said commencement.
(4)Where the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of the death of a worker are increased or decreased in accordance with the provisions of section 9(3), the rates or amounts of compensation shall—
(a)where the death occurs on or after the date of the increase or decrease—apply as so increased or decreased; and
(b)except as provided by paragraph (a)—continue to apply notwithstanding the increase or decrease as in force immediately before the increase or decrease.
2ETransitional—1979 amendments—insurance
(1)This section applies to a policy of accident insurance or indemnity operating to insure or indemnify an employer against claims under this Act.
(2)Subject to subsections (3) and (4), a policy shall not insure or indemnify the employer against any additional amount payable by him by virtue of the provisions of section 2D(1) or section 2D(2).
(3)Where the employer is not entitled to be recompensed from the Fund for any additional amount payable by him, the policy shall insure or indemnify the employer for that amount.
(4)Subsection (3) shall not be construed as having required an employer to be insured or indemnified in respect of an amount in respect of which an employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
2FTransitional—1979 amendments—recompense to employer
(1)Where an additional amount is payable by an employer as compensation by virtue of section 2D(1) or section 2D(2) so far as it relates to rates of compensation the employer shall, subject to subsections (1A), (2), (3) and (4), be entitled to be recompensed from the Fund for that additional amount.
(1A)An employer shall not be entitled to be recompensed from the Fund for an additional amount in respect of an injury of a worker occurring after 1 July 1982.
(2)Where in pursuance of section 72(1)(a) as in force before the appointed day an employer had elected not to be insured or indemnified in respect of the first $500 for a claim of compensation, subsection (1) shall not entitle him to be recompensed from the Fund in respect of that first $500.
(3)Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it, and the amount of the compensation awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3), subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3).
(4)Where, in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9 the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with section 9(3), subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $36 960 or (as the case requires) that amount as increased or decreased in accordance with section 9(3).
2GTransitional—1979 amendments—recompense to insurer
(1)An insurer may, and shall, if required by the Authority to do so, pay on behalf of an employer any additional amount payable as compensation by virtue of section 2D(1) or section 2D(2), so far as it relates to rates of compensation.
(2)Subsection (1) shall not be construed as permitting the Authority to require an insurer to pay or the insurer to pay the first $500 of any claim in respect of which the employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
(3)Subject to subsections (3A), (4) and (5), where an insurer pays or is required to pay an amount under subsection (1), the insurer shall be entitled to be recompensed for that additional amount from the Fund.
(3A)An insurer shall not be entitled to be recompensed from the Fund for an amount paid or required to be paid under subsection (1) on behalf of an employer which relates to any additional amount payable in respect of an injury of a worker occurring after 1 July 1982.
(4)Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3), subsection (3) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3).
(5)Where, in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with section 9(3), subsection (3) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $36 960 or (as the case requires) that amount as increased or decreased in accordance with section 9(3).
2HTransitional—1979 amendments—payments into the Fund
Where in respect of an injury of a worker an employer or insurer—
(a)has been recompensed from the Fund in pursuance of section 2F(1) or section 2G(3); and
(b)has recovered, by virtue of section 62, an amount of damages in respect of that injury—
the employer or insurer shall forthwith pay into the Fund an amount equal to an amount calculated in accordance with the formula where—
Ais the amount that has been recompensed from the Fund;
Bis the amount recovered by virtue of section 62; and
Cis the total amount of compensation payable under this Act.
2JTransitional—1979 amendments—determinations by the County Court
(1)Where—
(a)in pursuance of section 9(2) the County Court awards a lump sum in respect of an injury of a worker arising out of or in the course of the employment of the worker before the commencement of this section; and
(b)the County Court considers that the worker's total or partial incapacity for work resulting from that injury will continue on and after the commencement of this section—
the County Court shall specify—
(c)the period of total or partial incapacity for which the award is calculated;
(d)the weekly payment used to calculate the sum awarded for the period of total or partial incapacity ending immediately before the commencement of this section; and
(e)the weekly payment used to calculate the sum awarded for the period of total or partial incapacity commencing on and from the commencement of this section.
(2)Where—
(a)the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 are increased or decreased in accordance with the provisions of section 9(3);
(b)in pursuance of section 9(2) the County Court awards a lump sum in respect of an injury of a worker arising out of or in the course of the employment of the worker before the date on which the rates or amounts of compensation are increased or decreased; and
(c)the County Court considers that the worker's total or partial incapacity for work resulting from that injury will continue on and after the date of the increase or decrease—
the County Court shall specify—
(d)the period of total or partial incapacity for which the award is calculated;
(e)the weekly payment used to calculate the sum awarded for the period of total or partial incapacity ending immediately before the date of the increase or decrease; and
(f)the weekly payment used to calculate the sum awarded for the period of total or partial incapacity commencing on and from the date of the increase or decrease.
2KTransitional—1975 and 1979 amendments—operation of section 72(1)(a)
An employer is not guilty of an offence against the provisions of section 72(1)(a) as in force before the appointed day by reason only of the fact that a policy of accident insurance or indemnity obtained by him does not insure or indemnify him in respect of an additional amount within the meaning of section 2L or section 2B(5) if the amount is an amount in respect of which the employer or the insurer is entitled to be recompensed from the Fund.
2LTransitional—definitions
In sections 2E to 2J inclusive—
additional amount means—
(a)in relation to any increase in the rates or amounts of compensation by virtue of the provisions of section 2D(1)—an amount by which the sum payable as compensation under this Act as in force immediately before the commencement of this section in respect of an injury of a worker arising out of or in the course of the employment of the worker before the said commencement is increased by virtue of the provisions of section 2D(1); and
(b)in relation to any increase in the rates or amounts of compensation by virtue of the provisions of section 2D(2)—an amount by which the sum payable as compensation under this Act as in force immediately before the date of the increase in respect of an injury of a worker arising out of or in the course of the employment of the worker before that date is increased by virtue of the provisions of section 2D(2);
employer means an employer who was required to obtain a policy of accident insurance or indemnity pursuant to section 72(1)(a) as in force before the appointed day.
* * * * *
3Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
accident insurance means insurance against liability in relation to workers compensation to which employers are subject under this or any other Act or at common law or otherwise;
Authority means the Victorian WorkCover Authority;
Board means the Workers Compensation Board established under this Act as in force before the appointed day;
* * * * *
dependants means such persons as were wholly mainly or in part dependent upon the earnings of the worker at the time of the death or who would but for the incapacity due to the injury have been so dependent;
disease includes any physical or mental ailment disorder defect or morbid condition whether of sudden or gradual development and also includes the aggravation acceleration exacerbation or recurrence of any pre-existing disease as aforesaid;
employer includes any body of persons corporate or unincorporate and the legal personal representative of a deceased employer, and where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship or otherwise the latter shall for the purposes of this Act be deemed to continue to be the employer of the worker whilst he is working for that other person;
Fund means the WorkCover Authority Fund under the Workplace Injury Rehabilitation and Compensation Act 2013.
Government department includes any Government department heretofore or hereafter created and also the State Transport Authority, Metropolitan Transit Authority and the State Rivers and Water Supply Commission;
injury means any physical or mental injury, and without limiting the generality of the foregoing includes—
(a)a disease contracted by a worker in the course of his employment whether at or away from his place of employment and to which the employment was a contributing factor and contributed to a recognizable degree; and
(b)the recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease where the employment was a contributing factor and contributed to a recognizable degree to that recurrence, aggravation, acceleration, exacerbation or deterioration—
and for the purposes of this interpretation the employment of a worker shall be taken to include any travelling referred to in section 8(2);
insurer means the State Insurance Office or any company approved by the Governor in Council as an insurer for the purposes of this Act;
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member of a family means wife or husband father mother grandfather grandmother step-father step-mother son daughter grandson granddaughter step-son step-daughter brother sister half-brother half-sister and for the purposes of this Act includes any person who stands in loco parentis to another person and also that other person;
midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
outworker means a person to whom articles or materials are given out to be made up cleaned washed altered ornamented finished or repaired or adapted for sale in his own home or in other premises not under the control or management of the person who gave out the materials or articles;
place of practice means the consulting rooms of the registered medical practitioner;
port includes place or harbour;
prescribed means prescribed by this Act or the regulations or the rules;
registered chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);
registered dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);
registered osteopath means a person registered as under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);
registered physiotherapist means a person registered as a physiotherapist under the Health Practitioner Regulation National Law;
registered podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);
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seaman means a worker employed as a master officer seaman apprentice or in any other capacity whatever on board a ship by the owner or charterer thereof;
ship includes any ship vessel boat or other craft;
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the appointed day means the appointed day within the meaning of the Accident Compensation Act 1985;
the Previous Funds means the Insurers Guarantee and Compensation Supplementation Fund and the Workers Supplementation Fund established under this Act as in force prior to the appointed day;
Tribunal means the Accident Compensation Tribunal established under the Accident Compensation Act 1985 as in force before the commencement of section 6 of the Accident Compensation (WorkCover) Act 1992;
worker does not include an outworker; but save as aforesaid means any person (including a domestic servant) who has entered into or works under a contract of service or apprenticeship or otherwise with an employer whether by way of manual labour clerical work or otherwise and whether the contract is expressed or implied is oral or in writing.
(2)Any reference to a worker who has been injured shall where the worker is dead include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable.
(3)As between a tributer or sub-tributer and the lessee or owner of any mine or claim the tributer or sub-tributer (as the case may be) shall for the purposes of this Act be deemed to be working under a contract of service with such lessee or owner and such lessee or owner shall for the said purposes be deemed to be the employer of such tributer or sub-tributer within the meaning of this Act.
In this subsection the expressions claim lessee mine sub-tributer and tributer have respectively the same meanings as in Part I or (if the case so requires) Part II of the Mines Act 1958.
(4)Notwithstanding anything in this Act or any law where—
(a)any person (in this subsection referred to as "the principal") in the course of or for the purposes of his trade or business enters into a contract with any other person or persons (in this subsection referred to as "the contractor") under which the contractor agrees—
(i)to fell trees or cut firewood and deliver the timber or firewood obtained therefrom to the principal; or
(ii)to fell trees or cut scrub on land in the occupation of the principal; or
(iii)to clear such land of stumps or logs; and
(b)the contractor does not either sublet the contract or employ workers or although employing workers actually performs any part of the work himself—
the contractor shall for the purposes of this Act be deemed to be working under a contract of service with an employer and the principal shall for the said purposes be deemed to be the employer of the contractor within the meaning of this Act.
(5)Notwithstanding anything in this Act or any law, where a person engaged in driving a vehicle used for carrying passengers for reward has the use of that vehicle pursuant to a contract of bailment (not being a bona fide contract for the purchase of the vehicle whether by hire purchase or otherwise) under which he is required to pay any sum or sums (whether of fixed amount or proportionate to mileage or receipts or otherwise) for the use thereof, then for the purposes of this Act—
(a)such person shall be deemed to be working under a contract of service with an employer; and
(b)the person from whom the use of the vehicle is obtained under the said contract of bailment shall be deemed to be that employer.
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(6)Notwithstanding anything in this Act or any law where any person (in this subsection referred to as the principal) in the course of and for the purposes of his trade or business enters into a contract with any other person (in this subsection referred to as the contractor)—
(a)under or by which the contractor agrees to perform any work not being work incidental to a trade or business regularly carried on by the contractor in his own name or under a firm or business name; and
(b)in the performance of which the contractor does not either sublet the contract or employ workers or although employing workers actually performs some part of the work himself—
then for the purposes of this Act the contractor shall be deemed to be working under a contract of service with an employer and the principal shall be deemed to be that employer.
(6A)Notwithstanding anything in this Act a share farmer shall be deemed to be a worker for the purposes of this Act, if and only if—
(a)he is employed under a contract with the owner of the land under which he is entitled to receive as consideration whether in cash or in kind or partly in cash and partly in kind less than one-third of the income derived from the land; or
(b)he is employed under a contract in writing which provides that the owner of the land shall be 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 him in the performance of the contract.
(6B)A share farmer is not a worker for the purposes of this Act unless he is deemed to be a worker by virtue of subsection (6A).
(6C)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 shall be deemed not to be a worker in the employ of the owner of the land by reason of the performance of such duties.
(6D)For the purposes of subsections (6A), (6B) and (6C)—
income in relation to land means the gross value of the production derived from the land;
owner in relation to land includes any person who is in possession of, or entitled to the receipt of the rents and profits from the land;
primary production shall mean 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 is under contract to the owner of land to perform any work in relation to land used substantially for primary production and who is to be remunerated in whole or in part by receiving a share of the income, whether in cash or in kind, derived from the land.
(7)Notwithstanding anything in this Act or any law, where any person is ordinarily engaged in any employment in connexion with which persons customarily attend certain pre-arranged places in this Act called places of pick-up) at which employers select and engage persons for employment, any such person shall be deemed, while in attendance at any such place of pick-up for the purpose of being so selected or while travelling thereto from his place of residence, or (where he fails to be so selected) while travelling from such place of pick-up to his place of residence, to be working under a contract of service with an employer, and the employer who last employed him in his customary employment shall be deemed to be that employer.
(7A)Nothing in this Act shall operate to make an employer liable to pay compensation for an injury received after the commencement of the Workers Compensation (Special Provisions) Act 1978 by a person who is engaged by that employer to participate as a contestant in any sporting or athletic activity if that injury is received while he is—
(a)participating as a contestant in any sporting or athletic activity;
(b)engaged in training or preparing himself with a view to his so participating; or
(c)travelling between his place of residence and the place at which he is so participating or so engaged—
and if under the contract pursuant to which he does any of these things or any other contract with that employer he is not entitled to any remuneration other than the remuneration for the doing of those things.
(7B)For the purposes of subsection (7A) person does not include a person engaged to participate as a rider or driver in horse, pony or trotting races at race-meetings within the meaning of the Racing Act 1958 on a racecourse licensed under that Act or on lands otherwise authorized for the holding of race meetings under Part I of that Act.
(7C)A pupil at a school within the meaning of Part IVA of the Education Act 1958 who is employed pursuant to an arrangement within the meaning of that Part shall for the purposes of this Act be deemed to be a worker employed by the employer whilst he is employed pursuant to the arrangement.
(7D)The employer of a pupil employed pursuant to an arrangement referred to in subsection (7C) shall in respect of—
(a)any liability to pay compensation under this Act in respect of an injury caused to the pupil; and
(b)any other liability to pay damages with respect to the death of or the personal injury to the pupil in circumstances arising out of his employment pursuant to that arrangement—
be deemed to hold a policy of insurance with the State Insurance Office for the full amount of such liability but otherwise having the same provisions as policies issued by it to employers who obtained policies from it in accordance with section 72(1)(a) as in force before the appointed day.
(7DA)A student at a technical and further education college specified in Schedule 3 to the Post-Secondary Education Act 1978 who is employed pursuant to an arrangement within the meaning of Division 5A of Part III of that Act shall for the purposes of this Act be deemed to be a worker whilst that student is employed pursuant to the arrangement.
(7DB)The employer of a student employed pursuant to an arrangement referred to in subsection (7DA) shall in respect of—
(a)any liability to pay compensation under this Act in respect of an injury caused to the student; and
(b)any other liability to pay damages with respect to the death of or the personal injury to the student in circumstances arising out of the employment of that student pursuant to that arrangement—
be deemed to hold a policy of insurance with the State Insurance Office for the full amount of that liability but otherwise having the same provisions as policies issued by it to employers who obtained policies from it in accordance with section 72(1)(a) as in force before the appointed day.
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(7F)The employer of an apprentice shall in respect of—
(a)any liability to pay compensation under this Act in respect of injury occurring to the apprentice during the period of indemnity; and
(b)any other liability to pay damages in respect of the death of or personal injury to the apprentice, being death or injury that occurs during the period of indemnity, in circumstances arising out of such employment—
be deemed to hold a policy of insurance with the State Insurance Office for the full amount of that liability but otherwise having the same provisions as the provisions of policies issued by the State Insurance Office to employers who obtained policies from it in accordance with section 72(1)(a) as in force before the appointed day.
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(7J)An insurer (other than the State Insurance Office) shall not be subject to any civil or criminal liability by reason only of the fact that he fails in whole or in part to satisfy any claim made in respect of an apprentice, where the claim is one in respect of which the employer is indemnified under a policy deemed to be held under subsection (7F).
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* * * * *
(7N)In subsections (7F) and (7J), apprentice means—
(a)an applicant for apprenticeship within the meaning of the Industrial Training Act 1975 who was employed on probation on 1 January 1979;
(b)an apprentice within the meaning of the Industrial Training Act 1975 whose indentures of apprenticeship were executed by his employer on 1 January 1979;
(c)an applicant for apprenticeship within the meaning of the Industrial Training Act 1975 or an apprentice within the meaning of that Act, being an applicant or apprentice who commenced or commences employment as an apprentice (whether on probation or not) after 1 January 1979; and
(d)an applicant for apprenticeship within the meaning of the Industrial Training Act 1975 or an apprentice within the meaning of that Act, being an applicant or apprentice whose employment commenced or commences before, on or after the commencement of section 4 of the Workers Compensation (Miscellaneous Provisions) Act 1979.
(7P)For the purposes of subsections (7F) and (7J), the period of indemnity—
(a)in relation to a person to whom paragraph (a) or paragraph (b) of the interpretation of apprentice in subsection (7N) applies—is the period of twelve months commencing on 1 January 1979;
(b)in relation to a person to whom paragraph (c) of the interpretation of apprentice in subsection (7N) applies—is the period of twelve months commencing on the day on which the person commenced or commences employment as an apprentice; and
(c)in relation to a person to whom paragraph (d) of the interpretation of apprentice in subsection (7N) applies—is the period falling on or after the commencement of section 4 of the Workers Compensation (Miscellaneous Provisions) Act 1979 excluding any period of indemnity applicable in respect of the apprentice under paragraph (a), (b) or (c) during which the apprentice is travelling between his place of residence or place of employment and any trade, technical or other training school which he is required to attend as an apprentice or is in attendance at any such school.
(7Q)Notwithstanding anything to the contrary in the State Insurance Office Act 1984, the State Insurance Office shall be and be deemed always to have been authorized to make payments out of the State Insurance Fund in respect of the amount of—
(a)any liability of the employer to pay compensation under this Act in respect of injury occurring to an apprentice within the meaning of paragraph (a), (b) or (c) of the interpretation of apprentice in subsection (7N) during the period commencing on 1 January 1979 and ending immediately prior to the commencement of section 4 of the Workers Compensation (Miscellaneous Provisions) Act 1979;
(b)any other liability of the employer to pay damages in respect of the death of or personal injury to an apprentice mentioned in paragraph (a), being death or injury that occurred during the period commencing on 1 January 1979 and ending immediately prior to the commencement of section 4 of the Workers Compensation (Miscellaneous Provisions) Act 1979 in circumstances arising out of the employment of the apprentice; and
(c)any administrative or other expenses incurred by the State Insurance Office in discharging any liability mentioned in paragraph (a) or paragraph (b).
(7R)There shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) in such sums and at such times as the Treasurer of Victoria directs any amount or amounts necessary to reimburse the State Insurance Office for such payments out of the State Insurance Fund as are mentioned in subsection (7Q).
(7S)Notwithstanding anything to the contrary in this Act or the regulations or in any policy of accident insurance or indemnity, the following provisions shall apply to every policy of accident insurance or indemnity operating to insure or indemnify an employer against claims under this Act and against any other liability of the employer to pay damages in respect of the death of or personal injury to a worker in circumstances arising out of the employment of the worker—
(a)the policy shall not insure or indemnify and shall be deemed never to have insured or indemnified the employer for any claim in respect of which—
(i)the employer is deemed to hold a policy with the State Insurance Office under subsection (7F); or
(ii)any payment mentioned in subsection (7Q) has been made from the State Insurance Fund to the employer; and
(b)a premium is not and shall be deemed never to have been payable in respect of an apprentice within the meaning of paragraph (a), (b) or (c) of the interpretation of apprentice in subsection (7N) for the appropriate period of indemnity under subsection (7P).
(8)Any reference in this Act to the payment of compensation under or in accordance with this Act shall be deemed to include a reference to the payment of compensation or benefits under any scheme which was certified under the Workers' Compensation Act 1928.
3ASecretaries of co-operative societies
(1)In this section society means a society registered under the Co-operative Housing Societies Act 1958 or the Co-operation Act 1958 and includes an association of co-operative societies or a union of co-operative associations registered under the Co-operation Act 1958.
(2)For the purposes of this Act but subject to subsection (3)—
(a)a person who is the secretary of one society only shall be deemed to be a worker and the society shall be deemed to be his employer; and
(b)a person who is secretary of more than one society shall be deemed to be a worker and those societies shall be deemed to be his employer.
(3)Subsection (2) does not operate to deem a person who is the secretary of a society to be a worker nor the society to be his employer if that person is entitled to receive as secretary of the society—
(i)payment of his expenses only; or
(ii)payment of his expenses and a sum not exceeding $200 per annum—
or if he is not entitled to receive any payment as secretary of the society.
4Workers employed by the Crown etc.[1]
(1)This Act shall apply to workers employed by or under the Crown or any Government department in all cases where this Act would apply if the employer were a private person.
(1A)For the purposes of this Act—
(a)a responsible Minister of the Crown;
(b)a member of the Legislative Council or the Legislative Assembly;
(c)a person holding any judicial or other public office to which he is appointed by the Governor in Council (not being an office of member of a corporation institution or body or the governing body thereof prescribed for the purposes of subsection (1B))—
shall be deemed to be a worker employed by or under the Crown.
(1B)For the purposes of this Act any person being the holder of any prescribed office as member of any public or other corporation institution or body or of the governing body thereof shall be deemed to be a worker employed thereby or thereunder.
(1C)For the purposes of this Act every police officer, protective services officer or police reservist shall be deemed to be employed by the Crown under a contract of service, and notwithstanding any rule of law to the contrary, that contract of service and the relationship of master and servant shall be deemed to exist between the Crown and each police officer, protective services officer or police reservist in respect of the exercise and performance by him of all his powers and duties as such a police officer, protective services officer or police reservist, whether arising at common law or under any statute or by the instructions of his superiors or otherwise.
(2)All proceedings for or in respect of claims under this Act against the Crown or any Government department shall be taken in accordance with the provisions of this Act as if the claim were against a private person:
Provided that the County Court or Administrative Appeals Tribunal may make rules providing for any matter or thing necessary or convenient to be provided for with respect to claims against the Crown or any Government department or any matter arising out of any such claim.
(3)Notwithstanding anything in this Act any sum payable under this Act in respect of any claim against the Crown or any Government department or in respect of premiums payable before the appointed day by the Crown or any Government department may with the authority of the responsible Minister of the Crown administering the department concerned be paid out of any moneys available for the purpose, or out of any accident or insurance fund or fund in the nature of an accident or insurance fund established pursuant to any Act of Parliament and available for the purpose or out of moneys otherwise available for the purpose.
(4)The exercise and performance of the powers duties or functions of any body of persons corporate or unincorporate shall for the purposes of this Act be treated as the trade or business of such corporation or body of persons. In this subsection body of persons unincorporate does not include an unincorporate body of persons temporarily associated together for any purpose other than that of personal gain which employs workers for a period not exceeding three consecutive days.
(5)In this section—
police officer has the same meaning as in the Victoria Police Act 2013;
police reservist has the same meaning as in the Victoria Police Act 2013;
protective services officer has the same meaning as in the Victoria Police Act 2013.
PART I—EMPLOYERS' LIABILITY
Division 1—Liability to pay compensation
5Employers' liability
(1)If in any employment personal injury arising out of or in the course of the employment is caused to a worker his employer shall subject as hereinafter mentioned be liable to pay compensation in accordance with the provisions of this Act.
(2)If personal injury deemed under section 8(2)(b)(v) to arise out of or in the course of the employment is caused to a worker who has a contract of employment with more than one employer, his employers shall be liable to pay compensation in equal shares in accordance with the provisions of this Act.
5ANominal defendant
(1)Where the employer of the worker—
(a)cannot be identified; or
(b)is dead or cannot be found or (in the case of a company) has been wound up—
any claim for compensation shall be made against a nominal defendant to be named by the County Court or Administrative Appeals Tribunal.
(1A)Without affecting the generality of subsection (1), where the employer cannot be found at the last-known place of abode of the employer or the last place of business at which the worker was employed by the employer, the employer shall be deemed to be unable to be found and the said subsection shall apply to and in relation to the worker accordingly.
(2)The nominal defendant shall not be liable to pay any compensation but—
(a)where the policy of accident insurance or indemnity held by the employer in accordance with section 72(1)(a) as in force before the appointed day or that policy as extended indemnifies the employer in respect of his liability to pay the compensation concerned or any part thereof, the compensation or the part concerned shall be paid by the insurer; and
(b)where the policy of accident insurance or indemnity held by the employer in accordance with section 72(1)(a) as in force before the appointed day or that policy as extended does not indemnify the employer in respect of his liability to pay the compensation concerned or any part thereof, the compensation or the part concerned shall be paid out of the Fund.
(2A)Where the insurer with whom the employer was insured at the relevant time cannot be determined to the satisfaction of the County Court or Administrative Appeals Tribunal, the compensation shall be paid out of the Fund.
(3)Nothing in subsections (1) and (2) shall apply to or in relation to the payment of compensation in accordance with Division 3 or 3A of this Part.
(4)The provisions of subsections (3), (4) and (5) of section 16 shall apply to and in relation to nominal defendants named by the County Court or Administrative Appeals Tribunal for the purposes of this section.
5AAPayments by employer not admission of liability
A payment or payments made by an employer to a worker by way of weekly payments or in respect of medical hospital nursing or ambulance services shall not be taken to be an admission by the employer of his liability to pay compensation if under the terms of the policy of accident insurance or indemnity held by him in accordance with section 72(1)(a) as in force before the appointed day or that policy as extended the payment or payments are made in respect of any liability to pay compensation for which the employer is not entitled to be indemnified by the insurer.
6Injury due to serious and wilful misconduct
If it is proved that the injury to a worker is attributable to his serious and wilful misconduct (including being under the influence of intoxicating liquor) any compensation claimed in respect of that injury shall unless the injury results in death or serious and permanent disablement be disallowed and if it is proved that the injury to a worker was deliberately self-inflicted no compensation shall be payable under this Act.
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7Victorian workers injured outside Victoria
Where any employer who resides or has a place of business in Victoria engages a worker in Victoria then, if personal injury is caused to such a worker outside Victoria under such circumstances that if the injury had occurred in Victoria he or his dependants would have been entitled to compensation under this Act, the worker and, in the case of the death of the worker, his dependants shall subject to this Act be entitled to compensation in accordance with this Act.
7APublic servants injured outside Victoria
(1)Where a worker is employed by the Crown in right of the State of Victoria or by any Government Department of the State of Victoria or by any public statutory body constituted by or under the law of Victoria then, if personal injury is caused to such a worker outside Victoria under such circumstances that if the injury had occurred in Victoria he or his dependants would have been entitled to compensation under this Act, the worker and, in the case of the death of the worker, his dependants shall subject to this Act be entitled to compensation in accordance with this Act.
(2)Where a worker employed by the Crown in right of the State of Victoria or by any Government Department of the State of Victoria or by any public statutory body constituted by or under the law of Victoria is directed to work for or under the direction of any other person outside Victoria the Crown Government Department or public statutory body by which he was so directed shall for the purposes of this Act be deemed to continue to be the employer of that worker while he is working under that direction.
7BEntitlement to compensation under the law of another State etc.
(1)Where personal injury is caused to a worker which gives him a right to claim compensation or a right of action in respect of any injury under the law of any State (other than Victoria) territory or country under such circumstances that if he had no such right to claim compensation or right of action he or his dependants would be entitled to compensation under this Act, the worker and in the case of the death of the worker his dependants shall—
(a)subject to subsection (4), where no compensation or damages has already been paid or recovered and no award of compensation or judgment for damages has already been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country—be entitled to compensation in accordance with the provisions of this Act as if he or his dependants had no such right to claim compensation or right of action under the law of any State (other than Victoria) territory or country;
(b)subject to paragraph (e), where compensation or damages has already been paid or recovered or an award of compensation or judgment for damages has already been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country and the amount of compensation or damages paid or the award or judgment is equal to, or exceeds, the compensation which would have been payable under this Act if he or his dependants had no such right to claim compensation or right of action under the law of any State (other than Victoria) territory or country—not be entitled to compensation under this Act;
(c)where compensation or damages has already been paid or recovered for an award of compensation or judgment for damages has already been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country and the amount of compensation or damages paid or the award or judgment is less than the compensation which would have been payable under this Act if no compensation or damages or award or judgment in his favour had been made given or entered in respect of the injury under any law of any State (other than Victoria) territory or country—be entitled to compensation being an amount equal to the difference between the amount of compensation or damages paid or of the award or judgment and the amount of compensation which would have been payable under this Act if he or his dependants had no right to claim compensation or right of action under any law of any State (other than Victoria) territory or country;
(d)subject to paragraph (e), where a payment into court has been accepted by the worker or his dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under any law of, or in, any State (other than Victoria) territory or country and the amount of the payment into court settlement or compromise is equal to, or exceeds, the compensation which would have been payable under this Act if he or his dependants had no such right to claim compensation or right of action under the law of any State (other than Victoria) territory or country—not be entitled to compensation under this Act;
(e)where a judgment or order for damages has been satisfied only in part, or where a payment into court has been accepted by the worker or his dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under any law of, or in, any State (other than Victoria) territory or country and the amount of the judgment or order satisfied, payment into court, settlement or compromise of the claim is less than the compensation which would have been payable under this Act if no judgment or order, payment into court, settlement or compromise had been made in respect of the injury under any law of, or in, any State (other than Victoria) territory or country—be entitled to an amount of compensation equal to the difference between the amount of the judgment or order satisfied, payment into court, settlement or compromise and the amount of compensation which would have been payable under this Act if he or his dependants had no right to claim compensation or right of action under the law of any State (other than Victoria) territory or country.
(2)If a person receives compensation under any provision of this Act in respect of any injury and subsequently compensation or damages are obtained by him or an award of compensation or damages in his favour is made given or entered or a payment into court is accepted by him or a claim is settled or compromised in his favour in respect of the injury under any law of, or in, any State (other than Victoria) territory or country then the employer shall be entitled to recover from that person the amount of the compensation paid by the employer pursuant to this Act or an amount equal to the compensation or damages or payment obtained or made settled or compromised (whichever is the lesser amount).
(3)Any dispute under subsection (2) shall be determined by the County Court or Administrative Appeals Tribunal whose decision shall be final.
(4)Where any person has a right to claim compensation or a right of action in respect of any injury under the law of, or in, any State (other than Victoria) territory or country he shall not be entitled to claim compensation in respect of the injury under this Act unless he makes a statutory declaration setting out any amounts of compensation or damages already paid or recovered, any award or compensation or judgment for damages already made given or entered, any payment into court he has accepted, or any settlement or compromise of any claim, or any claim for compensation or action for damages pending in respect of the injury under the law of, or in, any State (other than Victoria) territory or country.
(5)Any amount recovered or to be recovered by a worker under the law of any State (other than Victoria) territory or country as compensation or damages in respect of personal injury shall be presumed, unless the worker produces satisfactory evidence to the contrary, to be compensation or damages for the same injury in respect of which the worker claims compensation or a right of action under this Act.
(6)Compensation shall not be payable pursuant to this section or section 5 if compensation has already been paid or is payable under any scheme certified under the Workers' Compensation Act 1928.
8Injury in course of employment
(1)For the purposes of this Act an injury shall be deemed to arise out of or in the course of his employment notwithstanding that the worker was at the time when the injury happened acting in contravention of any statutory or other regulation applicable to his employment, or that he was acting without instructions from his employer if such act was done by the worker for the purposes of and in connexion with his employer's trade or business.
(2)Without limiting the generality of the provisions of section five of this Act but subject to the provisions of subsection (1) of section six of this Act an injury to a worker shall be deemed to arise out of or in the course of the employment if the injury occurs—
(a)while the worker on any working day on which he has attended at his place of employment pursuant to his contract of employment—
(i)is present at his place of employment; or
(ii)having been so present, is temporarily absent therefrom on that day during any ordinary recess and does not during any such absence voluntarily subject himself to any abnormal risk of injury; or
(b)while the worker—
(i)is travelling between his place of residence and place of employment; or
(ii)is travelling between his place of residence or place of employment and any trade technical or other training school which he is required to attend by the terms of his employment or as an apprentice or which he is expected by his employer to attend, or is in attendance at any such school; or
(iii)is travelling between his place of residence or place of employment and any other place for the purpose of obtaining a medical certificate or receiving medical surgical or hospital advice attention or treatment or of receiving payment of compensation in connexion with any injury for which he is entitled to receive compensation or for the purpose of submitting himself for examination by a registered medical practitioner pursuant to any provision of this Act or any requirement made thereunder, or is in attendance at any place for any such purpose; or
(iv)is travelling between his place of residence and a place of pick-up; or
(v)who has a contract of employment with more than one employer, is travelling on any working day on which he has attended at his place of employment pursuant to his contract of employment with one employer between that place and his place of employment pursuant to his contract of employment with another employer;
Provided that any injury incurred while so travelling is not incurred during or after—
any substantial interruption of or substantial deviation from his journey made for a reason unconnected with his employment or unconnected with his attendance at the school or place (as the case may be) which interruption or deviation the County Court or Administrative Appeals Tribunal having regard to all the circumstances considers would ordinarily have materially added to the risk of injury; or
any other break in his journey which the County Court or Administrative Appeals Tribunal, having regard to all the circumstances, considers would ordinarily have materially added to the risk of injury.
(2A)Where—
(a)an employer is required under this Act in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car in Victoria while the worker was travelling on a journey referred to in paragraph (b) of subsection (2)) to pay an amount of compensation;
(b)the amount or any part of the amount so payable is not an amount in respect of which the employer is insured or indemnified under the terms of a policy of accident insurance or indemnity; and
(c)the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of the death or injury under the Motor Accidents Act 1973—
the Motor Accidents Board shall, notwithstanding anything to the contrary in section 15 or section 59 or in any other provision of the Motor Accidents Act 1973, be liable to make payment to the employer in accordance with subsection (2C).
(2B)Where—
(a)an insurer is required under a policy of accident insurance or indemnity to indemnify or insure an employer in respect of the amount or any part of the amount of the employer's liability to pay compensation under this Act in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car in Victoria while the worker was travelling on a journey referred to in paragraph (b) of subsection (2)); and
(b)the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of the death or injury under the Motor Accidents Act 1973—
the Motor Accidents Board shall, notwithstanding anything to the contrary in section 15 or section 59 or in any other provision of the Motor Accidents Act 1973, be liable to make payments to the insurer in accordance with subsection (2D).
(2C)The amount of any payment to be made to the employer by the Motor Accidents Board shall be an amount equal to—
(a)any amount of compensation payable under this Act (other than any amount recoverable from the Fund and any amount in respect of which the employer is insured or indemnified under the policy of accident insurance or indemnity); or
(b)the total amount of the payments which the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make under the Motor Accidents Act 1973 in respect of that death or injury—
| Description of Disease | Description of Process or Occupation |
| Dermatitis venenata | Any occupation, involving the use of or contact with vegetable or mineral matter. |
| Lead poisoning or its sequelae | Any manufacturing or other process involving the use of or contact with lead or its preparations or compounds. |
| Leptospirosis, as caused by any of the serotypes of the micro-organism Leptospira, in any of its clinical manifestations. | Any work done at abattoirs, slaughterhouses and knackeries involving contact directly or indirectly with animals or tissues of animals. |
| Mercury poisoning or its sequelae | Any manufacturing or other process involving the use of or contact with mercury or its preparations or compounds. |
| Pathological manifestations due to radium and other radioactive substances or X‑rays | Any process involving exposure to the action of radium, radioactive substances or X-rays. |
| Phosphorus poisoning or its sequelae | Any manufacturing or other process involving the use of or contact with phosphorus or its perpetrations or compounds. |
| Poisoning by benzol, its homologues or its nitro and amido derivates and the sequelae of these poisonings | Any process or occupation involving the production, liberation of or exposure to benzol, its homologues or its nitro and amido derivates. |
| Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series | Any process or occupation involving the production, liberation or utilization of halogen derivatives of hydrocarbons of the aliphatic series. |
| Primary epitheliomatous cancer of the skin | Any process or occupation involving handling of or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of those substances. |
| Q fever as caused by the micro-organism Coxiella burneti (also known as Rickettsia burneti), in any of its clinical manifestations | Any work done at abattoirs, slaughterhouses and knackeries involving contact directly or indirectly with animals or tissues of animals. |
| Description of Disease | Description of Process or Occupation |
| Septic poisoning or its sequelae | Any work involving the handling of meat or the manufacture of meat products or animal by-products in connexion with the trade of a butcher or slaughterman. |
| Silicosis with or without pulmonary tuberculosis | Any manufacturing or other process involving exposure to the inhalation of silica dust. |
| Subcutaneous cellulitis or acute bursitis over the elbow (beat elbow) | Mining. |
| Subcutaneous cellulitis or acute bursitis arising at or about the knee (beat knee) | Mining. |
| Tenosynovitis (inflammation of the tendon sheaths of the hand, wrist, forearm or elbow) | Any process or occupation connected with the preparation, preserving, canning or bottling of jams, sauces, fruits, pickles or other similar foods for human consumption. |
| Zinc poisoning or its sequelae | Any manufacturing or other process involving the use of or contact with zinc or its preparations or compounds. |
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Workers Compensation Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Workers Compensation Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Companies Act 1958, No. 6455/1958 (as amended by No. 6505)
Assent Date: 2.12.58 Commencement Date: 1.4.59: Government Gazette 4.3.59 p. 496 CurrentState: All of Act in operation
State Accident Insurance Office Act 1961, No. 6803/1961
Assent Date: 5.12.61 Commencement Date: 5.12.61 CurrentState: All of Act in operation
Companies Act 1961, No. 6839/1961
Assent Date: 19.12.61 Commencement Date: 1.7.62: Government Gazette 21.2.62 p. 392 CurrentState: All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 CurrentState: All of Act in operation
Insurance Commissioner (Costs and Expenses) Act 1963, No. 6986/1963
Assent Date: 7.5.63 Commencement Date: 7.5.63 CurrentState: All of Act in operation
State Insurance Funds Act 1963, No. 7063/1963
Assent Date: 3.12.63 Commencement Date: 22.4.64: Government Gazette 22.4.64 p. 1305 CurrentState: All of Act in operation
State Insurance Funds Act 1964, No. 7152/1964
Assent Date: 29.9.64 Commencement Date: 1.7.64: s. 1 CurrentState: All of Act in operation
Public Lands and Works Act 1964, No. 7228/1964
Assent Date: 15.12.64 Commencement Date: 15.3.65: Government Gazette 11.3.65 p. 557 CurrentState: All of Act in operation
Workers Compensation (Amendment) Act 1965, No. 7292/1965
Assent Date: 9.6.65 Commencement Date: 1.7.65: Government Gazette 23.6.65 p. 1962 CurrentState: All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 14.12.65 Commencement Date: 14.12.65: subject to s. 3 CurrentState: All of Act in operation
Hospitals and Charities (Liability of Patients) Act 1966, No. 7455/1966
Assent Date: 15.11.66 Commencement Date: 21.12.66: Government Gazette 21.12.66 p. 4257 CurrentState: All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5, 6, 7(k)(m)–(o)) on 1.4.70; ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 CurrentState: All of Act in operation
Workers Compensation Act 1970, No. 8084/1970
Assent Date: 22.12.70 Commencement Date: 22.12.70 CurrentState: All of Act in operation
Statutory Salaries Act 1971, No. 8165/1971
Assent Date: 3.11.71 Commencement Date: 3.11.71 CurrentState: All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) CurrentState: All of Act in operation
Workers Compensation Act 1972, No. 8271/1972
Assent Date: 9.5.72 Commencement Date: 9.5.72 CurrentState: All of Act in operation
Railways (Amendment) Act 1972, No. 8353/1972
Assent Date: 13.12.72 Commencement Date: 8.5.73: Government Gazette 2.5.73 p. 946 CurrentState: All of Act in operation
Workers Compensation Act 1973, No. 8417/1973
Assent Date: 17.4.73 Commencement Date: 17.4.73 CurrentState: All of Act in operation
State Insurance Office Act 1975, No. 8727/1975
Assent Date: 16.5.75 Commencement Date: 1.7.75: Government Gazette 25.6.75 p. 2180 CurrentState: All of Act in operation
Workers Compensation (Amendment) Act 1975, No. 8733/1975
Assent Date: 16.5.75 Commencement Date: Ss 12, 21, 24 on 28.5.75: Government Gazette 28.5.75 p. 1857; rest of Act on 1.7.75: Government Gazette 25.6.75 p. 2179 CurrentState: All of Act in operation
Workers Compensation (Surcharge Payments) Act 1975, No. 8804/1975
Assent Date: 2.12.75 Commencement Date: 2.12.75 CurrentState: All of Act in operation
Age of Majority Act 1977, No. 9075/1977
Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97 CurrentState: All of Act in operation
Workers Compensation (Special Provisions) Act 1978, No. 9134/1978
Assent Date: 23.5.78 Commencement Date: 23.5.78 CurrentState: All of Act in operation
Workers Compensation (Amendment) Act 1978, No. 9136/1978 (as amended by No. 9215)
Assent Date: 23.5.78 Commencement Date: S. 3(2)(4) on 2.8.78: Government Gazette 2.8.78 p. 2505; s. 2 on 1.1.79: Government Gazette 29.11.78 p. 3676; s. 3(1) repealed by No. 9215; ss 4, 5 on 14.5.79: Government Gazette 9.5.79 p. 1351; s. 3(3) repealed by No. 9613 CurrentState: All of Act in operation
Workers Compensation (Share Farmers) Act 1978, No. 9215/1978
Assent Date: 19.12.78 Commencement Date: 1.3.79: Government Gazette 24.1.79 p. 201 CurrentState: All of Act in operation
Workers Compensation (Miscellaneous Provisions) Act 1979, No. 9297/1979
Assent Date: 27.11.79 Commencement Date: 1.12.79: Government Gazette 30.11.79 p. 2995 CurrentState: All of Act in operation
Workers Compensation (General Amendment) Act 1980, No. 9372/1980
Assent Date: 30.4.80 Commencement Date: Ss 2, 3 on 1.12.79: s. 1(3); s. 4 on 30.4.80: s. 1(4) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law Revision Act 1981, No. 9549/1981
Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) CurrentState: All of Act in operation
Workers Compensation (Insurers Guarantee and Compensation Supplementation Fund) Act 1981, No. 9610/1981
Assent Date: 1.12.81 Commencement Date: 1.12.81 CurrentState: All of Act in operation
Workers Compensation (Amendment) Act 1981, No. 9613/1981
Assent Date: 1.12.81 Commencement Date: Ss 1, 2 (except insofar as it inserts s. 25G(2) into the Workers Compensation Act 1958), 3–9, 11–20, 22 on 9.12.81; ss 2 (insofar as it inserts s. 25G(2) into the Workers Compensation Act 1958), 10, 21 on 19.1.82: Government Gazette 9.12.81 p. 4073 CurrentState: All of Act in operation
Workers Compensation (Actions) Act 1981, No. 9683/1981
Assent Date: 5.1.82 Commencement Date: 5.1.82 CurrentState: All of Act in operation
Companies (Consequential Amendment) Act 1981, No. 9699/1981
Assent Date: 5.1.82 Commencement Date: Ss 9, 14, 18 on 1.7.81: s. 2(2); s. 19 on 1.10.81: s. 2(3); s. 22 on 5.1.82: s. 2(4); rest of Act on 1.7.82: s. 2(1) CurrentState: All of Act in operation
Workers Compensation (Benefit Rates) Act 1982, No. 9747/1982
Assent Date: 6.7.82 Commencement Date: 30.6.82: s. 1(3) CurrentState: All of Act in operation
Workers Compensation (Amendment) Act 1982, No. 9840/1982 (as amended by No. 10100)
Assent Date: 21.12.82 Commencement Date: All of Act (except s. 4) on 21.12.82: s. 1(3); s. 4 on 14.1.83: Government Gazette 12.1.83 p. 80 CurrentState: All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) CurrentState: All of Act in operation
Transport Act 1983, No. 9921/1983
Assent Date: 23.6.83 Commencement Date: S. 255 on 1.7.83: s. 1(2)(c) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Education (Amendment) Act 1983, No. 9993/1983
Assent Date: 13.12.83 Commencement Date: S. 19(2) on 8.2.84: Government Gazette 8.2.84 p. 402 CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) CurrentState: All of Act in operation
State Insurance Office Act 1984, No. 10089/1984
Assent Date: 22.5.84 Commencement Date: 18.9.84: Government Gazette 18.9.84 p. 3219 CurrentState: All of Act in operation
Workers Compensation (Amendment) Act 1984, No. 10100/1984
Assent Date: 11.9.84 Commencement Date: S. 16 on 21.12.82: s. 2(2); ss 1–3, 9, 11, 14 on 11.9.84: s. 2(1); ss 4, 6–8, 10, 12, 13, 15, 17 on 11.10.84: Government Gazette 11.10.84 p. 3705; s. 5 on 1.1.85: Government Gazette 19.12.84 p. 4483 CurrentState: All of Act in operation
Post-Secondary Education (Practical Placements) Act 1984, No. 10156/1984
Assent Date: 20.11.84 Commencement Date: 18.12.84: s. 2 CurrentState: All of Act in operation
Accident Compensation Act 1985, No. 10191/1985
Assent Date: 30.7.85 Commencement Date: S. 264(4) on 30.6.85: s. 2(4); ss 256–264(1)(2)(3)(5), 265–270 on 31.8.85 (at 4. p.m.): Government Gazette 30.8.85 p. 3401 CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation (Amendment) Act 1986, No. 48/1986
Assent Date: 27.5.86 Commencement Date: Ss 35, 37 immediately after the appointed day within the meaning of the Accident Compensation Act 1985 i.e. 4 p.m. on 31.8.85: s. 2(1); ss 33, 34, 36 on 27.5.86: s. 2(3) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Transport Accident Act 1986, No. 111/1986
Assent Date: 16.12.86 Commencement Date: S. 180(3)(Sch. 2 item 9) on 1.1.87: Government Gazette 23.12.86 p. 4777 CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation (Amendment) Act 1987, No. 83/1987
Assent Date: 1.12.87 Commencement Date: S. 6(2) on 30.7.85: s. 2(2); s. 45(1) on 1.1.88: s. 2(3); rest of Act on 1.12.87: s. 2(1) CurrentState: All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 CurrentState: All of Act in operation
Accident Compensation (Further Amendment) Act 1992, No. 37/1992
Assent Date: 16.6.92 Commencement Date: 16.6.92 CurrentState: All of Act in operation
Accident Compensation (WorkCover) Act 1992, No. 67/1992 (as amended by No. 50/1993)
Assent Date: 19.11.92 Commencement Date: S. 64(11) on 1.12.92: s. 2(1) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation (WorkCover Insurance) Act 1993, No. 50/1993
Assent Date: 1.6.93 Commencement Date: Ss 111(2), 112(1) on 19.11.92: s. 2(2)(a); ss 84(1), 92, 94(2), 95, 100, 110(2) on 1.12.92: s. 2(2)(b); s. 93 on 1.4.93: s. 2(2)(c); ss 87, 88 on 29.4.93: s. 2(2)(d); Pt 1 (ss 1–6), 19, 94(1), 102, 110(1), 111(1) on 1.6.93: s. 2(1); Pt 3 (ss 27–42), ss 7–11, 15–17, 72, 78(1)(b), 79, 80(1)(a)(e), 85, 86, 89, 90, 98, 103–108, 109(1)(2), 112(2), 113 on 16.6.93; ss 12–14, 18, 20–26, 55,
57–71, 73, 75, 78(1)(c)–(h)(2), 83, 101 on 30.6.93; Pt 4 (ss 43–54), ss 56, 74, 76, 78(1)(a),
80(1)(b)–(d)(2), 81, 84(2), 91, 99, 109(3) on 1.7.93; ss 96, 97 on 1.8.93: Special Gazette (No. 39) 16.6.93 p. 1; ss 77, 82 never proclaimed, repealed by No. 50/1994 s. 104CurrentState: All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 CurrentState: All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 67) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984 CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation (Amendment) Act 1994, No. 50/1994
Assent Date: 15.6.94 Commencement Date: Ss 109–113, 114(2), 115–117, 119–123 on 24.6.94: Special Gazette (No. 37) 24.6.94 p. 2—see Interpretation of Legislation Act 1984; ss 114(1), 118 on 1.7.94: Special Gazette (No. 37) 24.6.94 p. 2 CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Chiropractors Registration Act 1996, No. 63/1996
Assent Date: 17.12.96 Commencement Date: S. 98(Sch. item 5) on 1.7.97: s. 2(3) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Podiatrists Registration Act 1997, No. 78/1997
Assent Date: 25.11.97 Commencement Date: S. 97(Sch. item 4) on 1.12.98: s. 2(3) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997
Assent Date: 23.12.97 Commencement Date: S. 76 on 23.12.97: s. 2(1) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 129) on 15.7.01: s. 2 CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation Legislation (Amendment) Act 2004, No. 102/2004
Assent Date: 21.12.04 Commencement Date: S. 46 on 21.12.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Health Professions Registration Act 2005, No. 97/2005
Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 54) on 1.7.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 39) on 7.6.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006
Assent Date: 25.7.06 Commencement Date: Ss 31–47 on 5.8.06: s. 2(5) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 67) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 60) on 1.7.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 111) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Workers Compensation Act 1958
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
Assent Date: 12.11.13 Commencement Date: S. 648 on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Workers Compensation Act 1958
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 186) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Workers Compensation Act 1958
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
Assent Date: 5.9.23 Commencement Date: S. 7(Sch. 1 item 35) on 6.9.23: s. 2 Current State: This information relates only to the provision/s amending the Workers Compensation Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 4: As to compensation of casual firefighters see Country Fire Authority Act 1958, No. 6228 Part 5.
[2] S. 6(2)–6(5):
S. 6(2) amended by Nos 8084 s. 4(1)(b), 8733 s. 3(2)(a), repealed by No. 9683 s. 3(b).
S. 6(3) amended by No. 8733 s. 3(2)(b), repealed by No. 9683 s. 3(b).
S. 6(4) amended by No. 8733 s. 3(2)(c)(i)(ii), repealed by No. 9683 s. 3(b).
S. 6(5) amended by No. 8733 s. 3(2)(d), repealed by No. 9683 s. 3(b).
[3] S. 9(3): See Government Gazette 15 June 2023 pages 997, 998 for Notice of Benefit Rates Payable.
[4] S. 27(4): Refer to section 5 of the Decimal Currency Act 1965, No. 7315/1965.
[5] S. 30(1): See the Bankruptcy Act 1966 of the Commonwealth.
[6] Pt 1 Div. 8: Section 118(2)−(4) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
118Administration
(2)The Principal Act as amended by subsection (1) applies in respect of payments of compensation to which section 34 of the Principal Act applies which are paid after the commencement of subsection (1).
(3)Subject to subsection (4), payments of compensation to which section 34 of the Principal Act applies which have been paid to the Authority in accordance with the Principal Act as in force before the commencement of subsection (1) are to continue to be administered by the Authority in accordance with the Principal Act as in force before that commencement.
(4)On the appointed day—
(a)the administration of payments of compensation to which subsection (3) applies is transferred to the State Trust Corporation of Victoria; and
(b)the Authority must transfer to the State Trust Corporation of Victoria such assets (including any money) as the Authority determines to be equivalent in value to the value of payments of compensation administered by the Authority.
[7] Pt 2 Divs 2–5:
Pt 2 Div. 2 (Heading) repealed by No. 10191 s. 263.
Pt 2 Div. 2 (ss 46–49) amended by Nos 8181 s. 2(1)(Sch. item 195), 8733 s. 15(a)(b), 9297 s. 11(a)–(d)(i)–(iii), 10100 s. 10, repealed by No. 10191 s. 263.
Pt 2 Div. 3 (Heading) repealed by No. 10191 s. 263.
Pt 2 Div. 3 (ss 50–52) amended by No. 9297 s. 8, repealed by No. 10191 s. 263.
Pt 2 Div. 4 (Heading) repealed by No. 10191 s. 263.
Pt 2 Div. 4 (ss 53–57) amended by Nos 7876 s. 2(3), 8733 ss 16, 17,
18(a)–(c), 9549 s. 2(1)(Sch. item 257), repealed by No. 10191 s. 263.
Pt 2 Div. 5 (Heading) repealed by No. 10191 s. 263.
Pt 2 Div. 5 (s. 58) amended by No. 8733 s. 19, repealed by No. 10191 s. 263.
[8] S. 61: See note 5.
[9] S. 67: Section 120(2) of the Accident Compensation (Amendment) Act 1994, No. 50/1994 reads as follows:
120Amendment of section 67
(2)Section 67 of the Principal Act as amended by subsection (1) applies in respect of payments of compensation paid or payable after the commencement of this section.
[10] Pt 3 Div. 5:
Pt 3 Div. 5 (Heading) repealed by No. 9683 s. 5.
Pt 3 Div. 5 (s. 63) repealed by No. 9683 s. 5.
[11] S. 73(1)(a)–(da):
S. 73(1)(a)–(c) repealed by No. 8727 s. 3(1).
S. 73(1)(d) repealed by No. 10191 s. 265(2)(a).
S. 73(1)(da) inserted by No. 9297 s. 4(3), repealed by No. 10191 s. 265(2)(a).
[12] Pt 3 Divs 11, 12:
Pt 3 Div. 11 (Heading and s. 78) amended by Nos 7292 s. 12(3)(b), 10191 s. 270(13)(a)(b), repealed by No. 50/1994 s. 115.
Pt 3 Div. 12 (Heading and s. 79) amended by Nos 7292 s. 11(a)–(d), 8084 s. 4(1)(d)(2)(b), 8733 s. 3(6)(a)(b), 9136 s. 5(b)(i)(ii), 9297 s. 9(1)–(3), 9549 s. 2(1)(Sch. item 259), repealed by No. 9683 s. 7.
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