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…