Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 (Vic)
Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021
No. 5 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Provisional payments scheme for mental injuries
4Objectives of Act
5Flow chart 2—making a claim
6Employer's excess
7New section 73A inserted
8Guidelines
9New section 75A inserted
10Recovery of payments
11New Division 10 of Part 5 inserted
12Protection of information given to Medical Panel
13Certain proceedings referred for conciliation
14Definitions
15Information from provider of medical service or other service
16Powers of ACCS
17ACCS may give directions about payment of compensation
18Genuine disputes about liability for compensation referred to in section 297(1) and (2)
19Revocation of directions of ACCS
20Payments under direction etc. not admission of liability
21Examination by Medical Panel
22Determination of State with which worker's employment is connected in proceedings under this Act
23Determination of the State with which worker's employment is connected
24Definitions
25Objectives of the Authority
26Functions of the Authority
27Suspension of payments for services
28Findings of relevant bodies
29Order for damages or reinstatement
30Supreme Court—limitation of jurisdiction—conferral of exclusive jurisdiction
31Supreme Court—limitation of jurisdiction—no proceedings
Part 3—Amendment of Accident Compensation Act 1985
32Objects of Act
33Determination of State with which worker's employment is connected in proceedings under this Act
34Determination by County Court of State with which worker's employment is connected
35New Division 2BA of Part IV inserted
36Recovery of payments
37Liability to pay compensation—on or after 4 p.m. on 30 June 1993
38Supreme Court—limitation of jurisdiction
Part 4—Amendment of Acts that provide for personal injury compensation for volunteers
Division 1—Amendment of the Education and Training Reform Act 2006
39Definitions
40Compensation for personal injuries
41Authority to represent Crown
42Payments
Division 2—Amendment of the Emergency Management Act 1986
43Definitions
44When is compensation payable?
45Compensation for personal injuries
46Authority to represent Crown
47Payments
Division 3—Amendment of the Juries Act 2000
48Section 54 amended
49Compensation for injury during jury service
50Payments
Division 4—Amendment of the Police Assistance Compensation Act 1968
51Definitions
52Compensation for personal injuries while assisting police
53Expenses for carrying out this Act to be paid from Consolidated Fund
Division 5—Amendment of the Victoria State Emergency Service Act 2005
54New section 46A inserted
55Compensation for injury during emergency service
56Payments
Part 5—Repeal of this Act
57Repeal of this Act
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Endnotes
1 General information
Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021
No. 5 of 2021
[Assented to 23 February 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is—
(a)to amend the Workplace Injury Rehabilitation and Compensation Act 2013 to provide for a provisional payments scheme for workplace mental injuries; and
(b)to make corresponding and consequential amendments to—
(i)the Accident Compensation Act 1985; and
(ii)certain Acts that provide for personal injury compensation for volunteers; and
(c)to make other minor and consequential amendments.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2022, it comes into operation on that day.
3Principal Act
In this Act, the Workplace Injury Rehabilitation and Compensation Act 2013 is called the Principal Act.
Part 2—Provisional payments scheme for mental injuries
4Objectives of Act
In section 10(d) of the Principal Act, after "appropriate compensation" insert
"and provisional payments".
5Flow chart 2—making a claim
For the flow chart in section 19 of the Principal Act substitute—
| " | ". |
6Employer's excess
After section 72(9) of the Principal Act insert—
"(9A)Subsection (1)(c) does not apply in the case of a claim in respect of a mental injury that entitles the worker to provisional payments under Division 10 of Part 5 in relation to that mental injury.".
7New section 73A inserted
(1)After section 73 of the Principal Act insert—
"73A Responsibilities of employer—mental injuries
(1)In addition to any requirement to forward a claim or medical certificate under section 73(1), an employer, within 3 business days after the employer receives a claim for compensation in respect of a mental injury, must notify the Authority of that claim.
(2)This section does not apply to an employer who is a self-insurer or an eligible subsidiary of a self-insurer except in relation to the employment of a student worker.
(3)A notification under subsection (1) does not of itself affect any period referred to in section 75 within which a claim is required to be dealt with.
(4)In this section—
business day means a day other than a Saturday, Sunday or public holiday.".
(2)After section 73A(4) of the Principal Act insert—
"(5)An employer must not contravene subsection (1).
Penalty:In the case of a natural person,
60 penalty units;
In the case of a body corporate, 300 penalty units.".
8Guidelines
At the end of section 74 of the Principal Act insert—
"(2)The Authority may make guidelines in accordance with section 612 for the purpose of section 73A specifying the manner in which an employer may notify the Authority of a claim for compensation in respect of a mental injury.".
9New section 75A inserted
After section 75 of the Principal Act insert—
"75A Responsibilities of self-insurers and the Authority—mental injuries
(1)Subject to subsection (4), the Authority must give written notice to a worker of a determination as to the worker's entitlement to provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 within 2 business days after—
(a)being notified of a claim under section 73A; or
(b)receiving a claim under section 29 in respect of a mental injury; or
(c)being otherwise notified by the worker of the existence of a mental injury in connection with a claim forwarded under section 29 or 73.
(2)Subject to subsection (4), a self-insurer must give written notice to a worker of a determination as to the worker's entitlement to receive provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 within 5 business days after—
(a)receiving a claim for compensation in respect of a mental injury under section 20; or
(b)being otherwise notified by the worker of the existence of a mental injury in connection with a claim received under section 20.
(3)If the Authority or a self-insurer is unable to determine whether a worker is entitled to provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 because the notification or claim does not contain enough relevant information, the Authority or self-insurer must make reasonable attempts to request the information from the employer or worker.
(4)If subsection (3) applies, written notice of a determination as to the worker's entitlement to receive provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985 must be given to the worker within 10 business days after—
(a)the claim for compensation was—
(i)received by the employer or self‑insurer under section 20; or
(ii)lodged with the Authority under section 29; or
(b)the Authority was notified under subsection (1)(c).
(5)In this section—
business day means a day other than a Saturday, Sunday or public holiday.".
10Recovery of payments
After section 90(1) of the Principal Act insert—
"(1A)Subsection (1) does not apply in respect of provisional payments made under Division 10 of Part 5, except in the case of a payment obtained fraudulently.".
11New Division 10 of Part 5 inserted
After Division 9 of Part 5 of the Principal Act insert—
'Division 10—Provisional payments for mental injuries
263ADefinition
In this Division—
reasonable costs has the same meaning as in section 223(2).
263BEntitlement to provisional payments for mental injuries
(1)If a worker makes a claim for compensation under this Act in respect of a mental injury, the Authority or a self-insurer must pay the reasonable costs of a service specified in section 224(1)(a) received because of the claimed mental injury as provisional payments in accordance with this Division.
(2)Subsection (1) does not apply—
(a)if the claim for compensation was made before the commencement of this Division; or
(b)subject to section 263I(1)(b), if the Authority or a self-insurer has previously determined a claim for compensation relating to the same mental injury and circumstances.
(3)Guidelines made under section 224(2) apply for the purposes of this Division.
(4)A worker is entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer, as the case may be, offers or provides a service to the worker for the worker's use.
263CTo whom provisional payments under this Division are to be paid
(1)Provisional payments under this Division must be made to a person lawfully entitled to the payment.
(2)If the liability to the person lawfully entitled to payment of the costs specified in section 263B(1) has already been discharged in whole or in part by a payment by the worker or any other person whether legally liable to make the payment or not, the amount by which the liability has been so discharged must be paid to the worker or other person who made the payment.
(3)If a worker is entitled to any of the services specified in section 263B(1) free of charge or at a reduced rate or charge because the worker—
(a)entered into any prior contract, agreement or arrangement; or
(b)was a contributor or subscriber to any institution, fund or scheme—
the payment in respect of those services must not be reduced but, after payment of the amount, if any, actually owing to the person lawfully entitled to payment, the balance of the reasonable cost must be paid to the worker.
(4)The payment of the whole of the reasonable costs of any service specified in section 263B(1) wholly and finally discharges the worker and any other person from all liability whatsoever in respect of those costs.
263DCertain actions etc. not permitted
For the purposes of this Division, section 227 applies as if in subsection (1) of that section, for "this Division" there were substituted "Division 10".
263EMedical and like services outside Australia
For the purposes of this Division, section 228 applies as if—
(a)in subsection (1) of that section, for "compensation" there were substituted "provisional payments"; and
(b)in subsections (1) and (2) of that section ", burial or cremation" (wherever occurring) were omitted; and
(c)in subsection (2) of that section, for "section 232" there were substituted "section 263I"; and
(d)in subsection (3) of that section ", burial or cremation" were omitted; and
(e)in subsection (4) of that section ", burials or cremations" were omitted.
263F Provisional payments not payable for certain accommodation etc.
For the purposes of this Division, section 229 applies as if in subsection (1) of that section—
(a)for "compensation" there were substituted "provisional payments"; and
(b)for "injury" there were substituted "mental injury".
263GOccupational rehabilitation services
For the purposes of this Division, section 230 applies as if in subsection (1) of that section—
(a)for "this Division" there were substituted "section 224(1)(a)"; and
(b)in paragraph (a)(i), for "type of injury" there were substituted "nature of the mental injury".
263HModification of cars and homes
For the purposes of this Division, section 231 applies as if—
(a)in subsections (2), (3), (4)(a), (b) and (c) and (5) of that section, for "injury" there were substituted "mental injury"; and
(b)in subsection (6)(b) and (c) of that section, for "injuries" there were substituted "mental injuries".
263IDuration of provisional payments under this Division
(1)Provisional payments are payable under this Division on and from the day the worker is determined under section 75A to be entitled to provisional payments until—
(a)if the worker's claim for compensation in respect of the mental injury is accepted by the Authority or a self‑insurer, the day the claim is accepted; or
(b)in any other case, 13 weeks after the day the worker is determined under section 75A to be entitled to provisional payments.
(2)To avoid doubt, a worker whose claim for compensation in respect of a mental injury is rejected by the Authority or a self-insurer or terminated under section 182 or 183 is entitled to provisional payments under this Division for that claimed injury until the day referred to in subsection (1)(b).
263JProvisional payments are not compensation
(1)Provisional payments made under this Division are not a payment of compensation under this Act except for the purposes of—
(a)seeking a refund of payments under section 599 or any other amount relating to the recovery of payments under this Act; and
(b)calculating employer premiums.
(2)A decision made by the Authority or self‑insurer to make provisional payments under this Division is not an admission of liability to pay compensation under this Act.
(3)Except as provided in subsection (4), nothing in this Division limits or otherwise affects a worker's entitlement to compensation or damages arising from the worker's mental injury.
(4)If the reasonable costs of a service are paid as provisional payments under this Division, the liability of the Authority or a self-insurer to pay compensation under Division 7 in respect of that service is discharged.
263KTermination of provisional payments for services obtained fraudulently
For the purposes of this Division, section 233 applies as if—
(a)in subsection (1) of that section—
(i)for "payment for professional services" there were substituted "provisional payments made under Division 10"; and
(ii)for "payment of those professional services" there were substituted "those provisional payments"; and
(b)in subsection (2) of that section, for "payment of professional services" there were substituted "those provisional payments".
263LGuidelines for the purposes of this Division
(1)The Authority may make guidelines for the purposes of this Division relating to the process to be observed by the Authority or self-insurer when acting under this Division.
(2)The Authority must ensure that guidelines made under subsection (1) are published and are generally available.
263MDisputes about provisional payments
For the purposes of this Division, section 6(6)(a) applies as if in that subsection, for "claim for compensation under" there were substituted "request for provisional payments under Division 10 of Part 5 of".
263NRequests for information about provisional payments
For the purposes of this Division, section 9 applies as if—
(a)in subsection (1) of that section—
(i)for "made a claim for compensation" there were substituted "requested provisional payments under Division 10 of Part 5"; and
(ii)for "the claim for compensation" there were substituted "the request for provisional payments"; and
(b)in subsection (2) of that section—
(i)for "made a claim for compensation" there were substituted "requested provisional payments under Division 10 of Part 5"; and
(ii)for "the claim" there were substituted "the request for provisional payments".'.
12Protection of information given to Medical Panel
For section 270(c) of the Principal Act substitute—
"(c)for an offence against the Crimes Act 1958 that arises in connection with—
(i)a claim for compensation under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958; or
(ii)a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985.".
13Certain proceedings referred for conciliation
After section 273(2) of the Principal Act insert—
"(2A)To avoid doubt, a proceeding referred to in subsection (2)(a) does not include a proceeding in respect of provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985.".
14Definitions
In section 281(2) of the Principal Act—
(a)after "1985" insert "or a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985";
(b)after "the claim" insert "or request";
(c)in paragraphs (b) and (c), for "is" substitute "or provisional payments are".
15Information from provider of medical service or other service
In section 288 of the Principal Act—
(a)for "Division 6 or 7" substitute "Division 6, 7 or 10";
(b)for "2B or 2C" substitute "2B, 2BA or 2C of Part IV".
16Powers of ACCS
In section 294(1)(b)(i) of the Principal Act, after "compensation" insert "or a request for provisional payments".
17ACCS may give directions about payment of compensation
(1)After section 297(2)(c) of the Principal Act insert—
"(ca)a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985; or".
(2)For section 297(8)(a) of the Principal Act substitute—
"(a)the dispute is, or includes, a dispute as to liability for—
(i)payment of compensation, or continuation of payment of compensation, under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985; or
(ii)payment of provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985; and".
(3)In section 297(9) of the Principal Act—
(a)after "Division 7" (where twice occurring) insert "or 10";
(b)after "Division 2B" (where twice occurring) insert "or 2BA".
18Genuine disputes about liability for compensation referred to in section 297(1) and (2)
(1)In section 298(1) of the Principal Act—
(a)after "and (2)" insert "or provisional payments referred to in section 297(2)";
(b)in paragraph (a), after "compensation" insert "or request for provisional payments";
(c)in paragraph (b), after "compensation" insert "or provisional payments".
(2)In section 298(2) of the Principal Act, after "compensation" insert "or provisional payments".
19Revocation of directions of ACCS
(1)In section 299(2) and (3) of the Principal Act, after "compensation" insert "or provisional payments".
(2)In section 299(4) of the Principal Act—
(a)after "compensation" insert "or provisional payments";
(b)in paragraph (b), after "compensation" insert "or request for provisional payments".
20Payments under direction etc. not admission of liability
In section 300(1)(a) of the Principal Act, after "compensation" insert "or provisional payments".
21Examination by Medical Panel
After section 308(1)(a) of the Principal Act insert—
"(ab)receives provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985; or".
22Determination of State with which worker's employment is connected in proceedings under this Act
In section 314(1) of the Principal Act, after "1985" insert "or a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985".
23Determination of the State with which worker's employment is connected
In section 315(1) of the Principal Act—
(a)after "1985" insert "or a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985";
(b)after "the claim" insert "or request".
24Definitions
In section 413 of the Principal Act, in paragraph (b) of the definition of tail claims, after "242AD)" insert ", provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985,".
25Objectives of the Authority
In section 492(c) of the Principal Act, for "compensation is" substitute "compensation and provisional payments are".
26Functions of the Authority
After section 493(1)(b) of the Principal Act insert—
"(ba)pay provisional payments to persons entitled to provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985.".
27Suspension of payments for services
(1)For section 568(4)(b) of the Principal Act substitute——
"(b)an order that the person is a person for the costs of whose professional services the Authority is not liable to pay—
(i)as compensation under this Act; or
(ii)as provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985—
during a period specified in the order;".
(2)For section 568(7)(b) of the Principal Act substitute——
"(b)an offence against the Crimes Act 1958 that occurs in connection with—
(i)a claim for compensation under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958; or
(ii)a request for provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985.".
28Findings of relevant bodies
In section 571(2)(e) of the Principal Act, after "1958," insert "or provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985,".
29Order for damages or reinstatement
In section 576(2) of the Principal Act, after "damages" insert ", or provisional payments under Division 10 of Part 5 of this Act or Division 2BA of Part IV of the Accident Compensation Act 1985,".
30Supreme Court—limitation of jurisdiction—conferral of exclusive jurisdiction
At the end of section 617 of the Principal Act insert—
"(2)It is the intention of sections 264, 265 and 266, as they apply on and after the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 to alter or vary section 85 of the Constitution Act 1975.".
31Supreme Court—limitation of jurisdiction—no proceedings
At the end of section 618 of the Principal Act insert—
"(2)It is the intention of section 263D as inserted by section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 to alter or vary section 85 of the Constitution Act 1975.".
Part 3—Amendment of Accident Compensation Act 1985
32Objects of Act
In section 3(d) of the Accident Compensation Act 1985, after "appropriate compensation" insert "and provisional payments".
33Determination of State with which worker's employment is connected in proceedings under this Act
In section 91A(1) of the Accident Compensation Act 1985, after "Act" insert "or a request for provisional payments under Division 2BA".
34Determination by County Court of State with which worker's employment is connected
In section 91B(1) of the Accident Compensation Act 1985—
(a)after "Act" insert "or a request for provisional payments has been made under Division 2BA";
(b)after "the claim" insert "or request".
35New Division 2BA of Part IV inserted
After Division 2B of Part IV of the Accident Compensation Act 1985 insert—
'Division 2BA—Provisional payments for mental injuries
99AFDefinition
In this Division—
reasonable costs has the same meaning as in section 99AAA(2).
99AGEntitlement to provisional payments for mental injuries
(1)If a worker makes a claim for compensation under this Act in respect of a mental injury, the Authority or a self-insurer must pay the reasonable costs of a service specified in section 99(1)(a) received because of the claimed mental injury as provisional payments in accordance with this Division.
(2)Subsection (1) does not apply—
(a)if the claim for compensation was made before the commencement of this Division; or
(b)subject to section 99AN(1)(b), if the Authority or a self-insurer has previously determined a claim for compensation relating to the same mental injury and circumstances.
(3)Guidelines made under section 99(2) apply for the purposes of this Division.
(4)A worker is entitled to receive a service referred to in subsection (1) (other than an occupational rehabilitation service) from the provider of the worker's choice notwithstanding that an employer or the Authority or a self-insurer, as the case may be, offers or provides a service to the worker for the worker's use.
99AHTo whom provisional payments under this Division are to be paid
(1)Provisional payments under this Division must be made to a person lawfully entitled to the payment.
(2)If the liability to the person lawfully entitled to payment of the costs specified in section 99AG(1) has already been discharged in whole or in part by a payment by the worker or any other person whether legally liable to make the payment or not, the amount by which the liability has been so discharged must be paid to the worker or other person who made the payment.
(3)If a worker is entitled to any of the services specified in section 99AG(1) free of charge or at a reduced rate or charge because the worker—
(a)entered into any prior contract, agreement or arrangement; or
(b)was a contributor or subscriber to any institution, fund or scheme—
the payment in respect of those services must not be reduced but, after payment of the amount, if any, actually owing to the person lawfully entitled to payment, the balance of the reasonable cost must be paid to the worker.
(4)The payment of the whole of the reasonable costs of any service specified in section 99AG(1) wholly and finally discharges the worker and any other person from all liability whatsoever in respect of those costs.
99AICertain actions etc. not permitted
For the purposes of this Division, section 99(10) and (11) apply as if in subsection (10) of that section, for "this Division" there were substituted "Division 2BA".
99AJMedical and like services outside Australia
For the purposes of this Division, section 99AA applies as if—
(a)in subsection (1) of that section—
(i)for "compensation" there were substituted "provisional payments"; and
(ii)for "or of burial or cremation" were omitted; and
(b)in subsections (1) and (2) of that section "or burial or cremation" were omitted; and
(c)in subsection (2) of that section, for "section 99AD(2), (4) and (5)" there were substituted "section 99AN"; and
(d)in subsection (3) of that section
"or burial or cremation" were omitted; and(e)in subsection (4) of that section
", burials or cremations" were omitted.
99AKProvisional payments not payable for certain accommodation etc.
For the purposes of this Division, section 99(12) to (16) apply as if in subsection (12) of that section—
(a)for "compensation" there were substituted "provisional payments"; and
(b)for "injury" there were substituted "mental injury".
99ALOccupational rehabilitation services
For the purposes of this Division, section 99AB applies as if—
(a)in subsection (1) of that section, for "this Division" there were substituted "section 99(1)(a)"; and
(b)in subsection (2)(a) of that section, for "type of injury" there were substituted "nature of the mental injury".
99AMModification of cars and homes
For the purposes of this Division, section 99AC applies as if—
(a)in subsections (2), (3), (4)(a), (b) and (c) and (5) of that section, for "injury" there were substituted "mental injury"; and
(b)in subsection (6)(b) and (c) of that section, for "injuries" there were substituted "mental injuries".
99ANDuration of provisional payments under this Division
(1)Provisional payments are payable under this Division on and from the day the worker is determined under section 75A of the Workplace Injury Rehabilitation and Compensation Act 2013 to be entitled to provisional payments until—
(a)if the worker's claim for compensation in respect of the mental injury is accepted by the Authority or a self‑insurer, the day the claim is accepted; or
(b)in any other case, 13 weeks after the day the worker is determined under section 75A of the Workplace Injury Rehabilitation and Compensation Act 2013 to be entitled to provisional payments.
(2)To avoid doubt, a worker whose claim for compensation in respect of a mental injury is rejected by the Authority or a self-insurer or terminated under section 114 is entitled to provisional payments under this Division for that claimed injury until the day referred to in subsection (1)(b).
99AOProvisional payments are not compensation
(1)Provisional payments made under this Division are not a payment of compensation under this Act except for the purposes of—
(a)seeking a refund of payments under section 599 of the Workplace Injury Rehabilitation and Compensation Act 2013 or any other amount relating to the recovery of payments under this Act; and
(b)calculating employer premiums.
(2)A decision made by the Authority or self-insurer to make provisional payments under this Division is not an admission of liability to pay compensation under this Act.
(3)Except as provided in subsection (4), nothing in this Division limits or otherwise affects a worker's entitlement to compensation or damages arising from the worker's mental injury.
(4)If the reasonable costs of a service are paid as provisional payments under this Division, the liability of the Authority or a self-insurer to pay compensation under Division 2B in respect of that service is discharged.
99APTermination of provisional payments for services obtained fraudulently
For the purposes of this Division, section 99AE applies as if—
(a) in subsection (1) of that section—
(i)for "payment for professional services" there were substituted "provisional payments made under Division 2BA"; and
(ii)for "payment of those professional services" there were substituted "those provisional payments"; and
(b)in subsection (2) of that section, for "payment of professional services" there were substituted "those provisional payments".
99AQ Guidelines for the purposes of this Division
(1)The Authority may make guidelines for the purposes of this Division relating to the process to be observed by the Authority or self-insurer when acting under this Division.
(2)The Authority must ensure that guidelines made under subsection (1) are published and are generally available.
99ARDisputes about provisional payments
For the purposes of this Division, section 6(6)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 applies as if in that subsection, for "on or after 1 July 2014 in relation to a claim for compensation under the Accident Compensation Act 1985, whether made before, on or after 1 July 2014" there were substituted "under the Accident Compensation Act 1985 in relation to a request for provisional payments under Division 2BA of Part IV of that Act".
99ASRequests for information about provisional payments
For the purposes of this Division, section 9 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies as if—
(a)in subsection (1) of that section—
(i)for "made a claim for compensation" there were substituted "requested provisional payments under Division 2BA of Part IV of the Accident Compensation Act 1985"; and
(ii)for "the claim for compensation" there were substituted "the request for provisional payments"; and
(b)in subsection (2) of that section—
(i)for "made a claim for compensation" there were substituted "requested provisional payments under Division 2BA of Part IV of the Accident Compensation Act 1985"; and
(ii)for "the claim" there were substituted "the request for provisional payments".'.
36Recovery of payments
After section 114F(1) of the Accident Compensation Act 1985 insert—
"(1AA)Subsection (1) does not apply in respect of provisional payments made under Division 2BA, except in the case of a payment obtained fraudulently.".
37Liability to pay compensation—on or after 4 p.m. on 30 June 1993
After section 125A(9) of the Accident Compensation Act 1985 insert—
"(9A)Subsection (3)(c) does not apply in the case of a claim in respect of a mental injury that entitles the worker to provisional payments under Division 2BA in relation to that mental injury.".
38Supreme Court—limitation of jurisdiction
At the end of section 252P of the Accident Compensation Act 1985 insert—
"(2)It is the intention of section 99AI as inserted by section 35 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 to alter or vary section 85 of the Constitution Act 1975.".
Part 4—Amendment of Acts that provide for personal injury compensation for volunteers
Division 1—Amendment of the Education and Training Reform Act 2006
39Definitions
Insert the following definition in section 5.6.1(1) of the Education and Training Reform Act 2006—
"provisional payments means payments provided for under—
(a)Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)Division 2BA of Part IV of the Accident Compensation Act 1985;".
40Compensation for personal injuries
(1)After section 5.6.2(2) of the Education and Training Reform Act 2006 insert—
"(2A)If a volunteer school worker or volunteer student worker who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the worker is entitled to be paid provisional payments in relation to that mental injury.
(2B)Subsection (2A) does not apply —
(a)if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b)if a claim for compensation relating to the same mental injury and circumstances has previously been determined.".
(2)In section 5.6.2(4) and (5) of the Education and Training Reform Act 2006, after "compensation" insert "or provisional payments".
41Authority to represent Crown
In section 5.6.5 of the Education and Training Reform Act 2006, after "of compensation" insert "and provisional payments".
42Payments
In section 5.6.6(2) of the Education and Training Reform Act 2006, after "of compensation" insert "or provisional payments".
Division 2—Amendment of the Emergency Management Act 1986
43Definitions
Insert the following definition in section 25 of the Emergency Management Act 1986—
"provisional payments means payments provided for under—
(a)Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)Division 2BA of Part IV of the Accident Compensation Act 1985.".
44When is compensation payable?
At the end of section 27 of the Emergency Management Act 1986 insert—
"(2)If a volunteer emergency worker who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the worker is entitled to be paid provisional payments in relation to that mental injury.
(3)Subsection (2) does not apply —
(a)if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b)if a claim for compensation relating to the same mental injury and circumstances has previously been determined.".
45Compensation for personal injuries
In section 28(1) of the Emergency Management Act 1986—
(a)for "is" substitute "and provisional payments are";
(b)after "benefit, compensation" insert
"or provisional payments".
46Authority to represent Crown
In section 31 of the Emergency Management Act 1986, after "of compensation" insert
"or provisional payments".
47Payments
In section 32(2) of the Emergency Management Act 1986, after "of compensation" insert
"or provisional payments".
Division 3—Amendment of the Juries Act 2000
48Section 54 amended
For section 54 of the Juries Act 2000 substitute—
"54 Definitions
In this Part—
Authority means the Victorian Workcover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013;
provisional payments means payments provided for under—
(a)Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)Division 2BA of Part IV of the Accident Compensation Act 1985.".
49Compensation for injury during jury service
(1)After section 55(3) of the Juries Act 2000 insert—
"(3A)If a person who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.
(3B)Subsection (3A) does not apply —
(a)if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b)if a claim for compensation relating to the same mental injury and circumstances has previously been determined.".
(2)In section 55(4) of the Juries Act 2000—
(a)for "is" substitute "or provisional payments are";
(b)for "compensation would" substitute "compensation or provisional payments would".
(3)In section 55(8) of the Juries Act 2000, after "from compensation" insert "or provisional payments".
(4)In section 55(10) of the Juries Act 2000, for "is" substitute "or provisional payments are".
50Payments
In section 59(2) of the Juries Act 2000, after
"of compensation" insert "or provisional payments".
Division 4—Amendment of the Police Assistance Compensation Act 1968
51Definitions
In section 1A of the Police Assistance Compensation Act 1968—
(a)in the definition of police officer, for "2013." substitute "2013;";
(b)insert the following definition—
"provisional payments means payments provided for under—
(a)Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)Division 2BA of Part IV of the Accident Compensation Act 1985.".
52Compensation for personal injuries while assisting police
(1)After section 2(1) of the Police Assistance Compensation Act 1968 insert—
"(1AA)If a person who is entitled to make a claim for compensation under this Act does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.
(1AB)Subsection (1AA) does not apply —
(a)if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b)if a claim for compensation relating to the same mental injury and circumstances has previously been determined.".
(2)After section 2(2AB) of the Police Assistance Compensation Act 1968 insert—
"(2AC)The provisional payments referred to in subsection (1AA) are to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires to, or for the benefit of, those persons to whom or for whose benefit, provisional payments would be payable under that Act if—
(a)the person had been, at the time the personal injury was suffered, a worker employed by the Crown; and
(b)the personal injury has arisen out of or in the course of that employment—
within the meaning of that Act.".
53Expenses for carrying out this Act to be paid from Consolidated Fund
In section 5 of the Police Assistance Compensation Act 1968, after "compensation" insert "or provisional payments".
Division 5—Amendment of the Victoria State Emergency Service Act 2005
54New section 46A inserted
Before section 47 of the Victoria State Emergency Service Act 2005 insert—
"46A Definition
In this Part—
provisional payments means payments provided for under—
(a)Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)Division 2BA of Part IV of the Accident Compensation Act 1985.".
55Compensation for injury during emergency service
(1)After section 47(2) of the Victoria State Emergency Service Act 2005 insert—
"(2A)If a registered member or probationary member who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.
(2B)Subsection (2A) does not apply —
(a)if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b)if a claim for compensation relating to the same mental injury and circumstances has previously been determined.".
(2)In section 47(3) of the Victoria State Emergency Service Act 2005—
(a)for "is" substitute "or provisional payments are";
(b)for "compensation would" substitute "compensation or provisional payments would".
(3)In section 47(7) of the Victoria State Emergency Service Act 2005, after "from compensation" insert "or provisional payments".
(4)In section 47(9) of the Victoria State Emergency Service Act 2005, for "is" substitute
"or provisional payments are".
56Payments
In section 52(2) of the Victoria State Emergency Service Act 2005, after "of compensation" insert "or provisional payments".
Part 5—Repeal of this Act
57Repeal of this Act
This Act is repealed on 1 January 2023.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 26 November 2020
Legislative Council: 4 February 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Workplace Injury Rehabilitation and Compensation Act 2013 to provide for a provisional payments scheme for workplace mental injuries, to make corresponding and consequential amendments to the Accident Compensation Act 1985 and certain Acts that provide for personal injury compensation for volunteers, and to make other minor and technical amendments, and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 26 November 2020
Legislative Council: 4 February 2021
Absolute majorities:
Legislative Assembly: 4 February 2021
Legislative Council: 16 February 2021
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