Workplace Safety Legislation and Other Matters Amendment Act 2022 (Vic)

Workplace Safety Legislation and Other Matters Amendment Act 2022

No. 10 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Accident Compensation Act 1985

Division 1—Compensation

3New sections 90A to 90D inserted

4Weekly pensions for dependants of worker who dies

5Provisional payment

6Compensation for non-economic loss

7Liability of Authority and self-insurer

8Medical and like services outside Australia

9New Division 9C of Part IV inserted

10New Division 18 of Part IX inserted

Division 2—Minor and technical amendments

11Provisions relating to the payment of compensation

12Actions for damages

13Actions for damages—costs

14Schedule 3A—Compensation for maims

Part 3—Amendment of Dangerous Goods Act 1985

15Definitions

16Proceedings for an offence

17Infringement notices

Part 4—Amendment of Equipment (Public Safety) Act 1994

18Definitions

19Infringement notices

Part 5—Amendment of Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019

20Definitions

21New section 4A inserted

22Section 7 repealed

23Determination as to whether a firefighter is a career firefighter for the purposes of this Division

24Section 10 repealed

25Determination of whether a firefighter is a volunteer firefighter for the purposes of this Division

26New Divisions 3A and 3B of Part 2 inserted

27Special consideration

28What is an exceptional exposure event?

29Application for special consideration

30Determination of application for special consideration

31Claim for injury occurring on or after 1 June 2016

32New section 17A inserted

33Establishment of advisory committee

Part 6—Amendment of Legal Profession Uniform Law Application Act 2014

34Definitions

35Membership

36Chairperson and deputy chairperson

37Appointed members

38Acting appointments

39When does a member's office become vacant?

40Meetings

41Resolutions without meetings

42Validity of acts or decisions

43Delegation

44Division 5 of Part 3 repealed

45New Division 12 inserted in Part 12

Part 7—Amendment of Occupational Health and Safety Act 2004

46Definitions

47Incidents to which this Part applies

48Duty to notify of incidents

49Power to issue prohibition notice

50Power to give directions

51Internal review

52New section 128A inserted

53Infringement notices

54Power to issue prohibition notice

55Power to give directions

Part 8—Amendment of Workplace Injury Rehabilitation and Compensation Act 2013

Division 1—Compensation

56Definitions

57New section 51A inserted

58Definitions

59When and how to make an assessment of impairment

60Further diminution of hearing

61Assessing degree of impairment of whole person

62New Subdivisions 6 and 7 of Division 4 of Part 2 inserted

63Claims for compensation under Division 5

64Definitions

65Compensation for non-economic loss—permanent impairment

66Compensation for non-economic loss—industrial deafness in respect of further injury

67New section 214A inserted

68Limits on compensation

69Liability of Authority and self-insurer

70Medical and like services outside Australia

71Definitions

72Weekly pensions for dependants of worker who dies

73Provisional payments

74New section 243A inserted

75New Subdivision 1 of Division 2 of Part 7 heading inserted

76New Subdivision 2 of Division 2 of Part 7 heading inserted

77New Subdivision 3 of Division 2 of Part 7 inserted

78New section 623N inserted

Division 2—Minor and technical amendments

79Absence from Australia

80Costs

81Power to request or release documents etc.

82New section 329A inserted

83Costs

84Secrecy provisions

85Schedule 1—Students etc. deemed to be workers and their deemed employers

86Schedule 1—Contractors

Part 9—Amendment of Victims of Crime Assistance Act 1996

87Fixing time and place for hearing

88Who is entitled to appear at hearing?

Part 10—Repeal of this Act

89Repeal of this Act

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Endnotes

1      General information

Workplace Safety Legislation and Other Matters Amendment Act 2022

No. 10 of 2022

[Assented to 16 March 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are to amend—

(a)the Accident Compensation Act1985—

(i)to improve compensation arrangements for workers with certain work-related injuries that are progressive in nature; and

(ii)to improve compensation entitlements for family members of deceased workers; and

(iii)to make other minor and technical amendments; and

(b)the Dangerous Goods Act 1985 in relation to amounts recovered for infringement offences; and

(c)the Equipment (Public Safety) Act 1994 in relation to amounts recovered for infringement offences; and

(d)the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 to provide a rebuttable presumption for vehicle and equipment maintenance employees who attend fires and who are suffering from specified forms of cancer that the cancer is presumed to be due to the nature of their employment for the purposes of claiming compensation under the Workplace Injury Rehabilitation and Compensation Act 2013; and

(e)the Legal Profession Uniform Law Application Act 2014 to replace the current process of electing lawyer members to the Victorian Legal Services Board with an appointment process similar to the one used to appoint non-lawyer members to the Board; and

(f)the Occupational Health and Safety Act 2004 in relation to—

(i)notifiable incidents, prohibition notices, directions and reviewable decisions; and

(ii)amounts recovered for infringement offences; and

(g)the Workplace Injury Rehabilitation and Compensation Act 2013—

(i)to improve compensation arrangements for workers with certain work-related injuries that are progressive in nature; and

(ii)to improve compensation entitlements for family members of deceased workers; and

(iii)to make other minor and technical amendments; and

(h)the Victims of Crime Assistance Act 1996 in relation to the conduct of hearings by the Victims of Crime Assistance Tribunal.

2Commencement

(1)Subject to subsections (2), (3) and (4), this Act comes into operation on a day or days to be proclaimed.

(2)This Part, Division 2 of Part 2, Parts 3, 4, 6 and 7, Division 2 of Part 8 and Part 9 come into operation on the day after the day on which this Act receives the Royal Assent.

(3)Division 1 of Part 2 and Division 1 of Part 8 come into operation on 1 July 2022.

(4)If a provision of this Act does not come into operation before 1 December 2022, it comes into operation on that day.

Part 2—Amendment of Accident Compensation Act 1985

Division 1—Compensation

3New sections 90A to 90D inserted

After section 90 of the Accident Compensation Act 1985 insert—

"90A   Assessment of lung injury

Despite section 91(1A)(a), an assessment of the degree of impairment of the whole person resulting from either of the following may be made regardless of whether the degree of impairment has stabilised—

(a)a serious lung injury;

(b)an injury that has been treated with lung transplant surgery.

90BCompensation for serious lung injury

(1)Despite section 104B(1A), the Authority or a self-insurer may receive a claim for compensation under section 98C or 98E for a serious lung injury at any time after the date of the injury.

(2)For the purposes of subsection (1), the Authority or self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that—

(a)the degree of impairment from the injury is unlikely to stabilise; and

(b)the injury requires treatment with lung transplant surgery.

90CCompensation for injury treated with lung transplant surgery

(1)Despite section 104B(1A), the Authority or a self-insurer may receive a claim for compensation under section 98C or 98E for an injury that has been treated with lung transplant surgery at any time after the date of the injury.

(2)For the purposes of a claim referred to in subsection (1), the degree of impairment of the worker is taken to be the greater of—

(a)the degree of impairment assessed in accordance with this Part; or

(b)30 per cent.

(3)For the purposes of subsections (1) and (2), the Authority or self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that lung transplant surgery was required to treat the injury.

90DFurther impairment related to lung injury

(1)Despite section 104B(5AA), a worker who has received or become entitled to receive compensation under section 98C in respect of a serious lung injury may make a further claim for compensation under that section in respect of the injury after undergoing lung transplant surgery.

(2)Compensation referred to in subsection (1) is to be determined in accordance with section 98C(3B), being compensation referrable to a percentage which is the difference between—

(a)the degree of impairment suffered by the worker after undergoing lung transplant surgery; and

(b)the degree of impairment resulting from the worker's serious lung injury, as assessed for the purposes of the earlier claim.

Note

The deemed minimum level of impairment of a worker who has undergone lung transplant surgery is 30 per cent—see section 90C(2).

(3)Compensation payable in accordance with section 98C(3B) is payable in addition to any other compensation payable in accordance with this Act.".

4Weekly pensions for dependants of worker who dies

(1)In section 92B(1) of the Accident Compensation Act 1985, for "Words" substitute "Subject to subsection (1A), words".

(2)After section 92B(1) of the Accident Compensation Act 1985 insert—

"(1A)In this section, child includes a person who is 16 years or more but under the age of 25 years if the person has a disability within the meaning of section 3(1) of the Disability Act 2006;".

(3)After section 92B(9)(a) of the Accident Compensation Act 1985 insert—

"(ab)if the child has a disability within the meaning of section 3(1) of the Disability Act 2006, on attaining the age of 25 years; or".

5Provisional payment

(1)In section 92D(7) of the Accident Compensation Act 1985—

(a)in paragraph (b), for "suicide;" substitute "suicide.";

(b)paragraph (c) is repealed.

(2)After section 92D(7) of the Accident Compensation Act 1985 insert—

"(7A)If, under subsection (7), a provisional payment is payable to a minor or a person under a disability, the provisional payment must be paid to a trustee for the minor or person under a disability appointed by the court or VCAT to be invested, applied or otherwise dealt with for the benefit of the minor or person under a disability as the trustee thinks fit.".

6Compensation for non-economic loss

After section 98C(3A) of the Accident Compensation Act 1985 insert—

'(3B)Despite subsection (1), the amount of non-economic loss in respect of impairment resulting from an injury referred to in section 90D is to be calculated as at the relevant date in accordance with the formula—

where—

"T"is the percentage referred to in section 90D(2)(a);

"P"is the percentage referred to in section 90D(2)(b).'.

7Liability of Authority and self-insurer

(1)After section 99(1)(a) of the Accident Compensation Act 1985 insert—

"(ab)if the worker dies, the reasonable costs of household help received by a family member of the worker for a period of 6 months commencing from the date on which the Authority is notified of the death, in circumstances where—

(i)it appears to the Authority that the worker's death results from the injury for which compensation is payable; and

(ii)at the time of the death of the worker, the worker was receiving compensation for household help within the meaning of paragraph (c) of the definition of personal and household service; and

(iii)the family member resides at the worker's home; and

(iv)the Authority is notified of the death of the worker within 3 months from the date of the death; and".

(2)In section 99(1)(d) of the Accident Compensation Act 1985—

(a)in subparagraph (iii), for "members; and" substitute "members—";

(b)subparagraph (iv) is repealed.

8Medical and like services outside Australia

(1)In section 99AA(1) of the Accident Compensation Act 1985—

(a)for "or of burial or cremation specified in section 99(1)" substitute "specified in section 99(1)(a), (ab) or (b)";

(b)omit "or burial or cremation specified in section 99(1)".

(2)In section 99AA(2) and (3) of the Accident Compensation Act 1985, for "or burial or cremation specified in section 99(1)" substitute "specified in section 99(1)(a), (ab) or (b)".

(3)In section 99AA(4) of the Accident Compensation Act 1985, for "services, burials or cremations" substitute "services".

9New Division 9C of Part IV inserted

After Division 9B of Part IV of the Accident Compensation Act 1985 insert—

"Division 9C—Subsequent actions by workers with silica-related conditions

135BCDefinitions

In this Division—

initial award has the meaning set out in section 135BD(a);

serious silica-related condition means a condition that is—

(a)specified in an Order made under section 51A of the Workplace Injury Rehabilitation and Compensation Act 2013 as being an eligible progressive disease that is attributable to exposure to silica dust; and

(b)a serious injury within the meaning of section 134AB(37);

subsequent action means an action for a subsequent award of damages for a serious silica-related condition;

subsequent award has the meaning set out in section 135BD(b).

135BDInitial and subsequent award of damages for serious silica-related conditions

If it is proved or admitted in an action for damages in respect of a serious silica-related condition that the worker may at some time in the future develop another serious silica‑related condition wholly or partly as a result of the act or omission giving rise to the cause of action, the court may—

(a)award, in the first instance, damages for the serious silica-related condition assessed on the assumption that the worker will not develop another serious silica-related condition (the initial award); and

(b)award damages at a future date if the worker does develop another serious silica-related condition (the subsequent award).

135BEOnly one subsequent award of damages permitted

If an initial award of damages has been made to a worker in respect of a serious silica-related condition only one subsequent award of damages for another serious silica‑related condition can be made to that worker.

135BFRegard must be had to initial award of damages

If an initial award of damages has been made to a worker for a serious silica-related condition, a court must have regard to those damages when assessing damages to be awarded in a subsequent action for damages for another serious silica-related condition suffered by that worker.

135BGRegard must be had to legal costs incurred in initial action

(1)If an initial award of damages has been made to a worker for a serious silica-related condition, a court must have regard to the legal costs incurred in respect of the action for those damages (the initial action) when assessing the amount to be awarded as legal costs in a subsequent action for damages by that worker for another serious silica-related condition.

(2)The purpose of subsection (1) is to ensure that legal costs awarded in a subsequent action are not in respect of work undertaken for the purposes of the initial action.

(3)In considering any possible duplication of legal costs, the court must have regard to the following factors—

(a)any work undertaken in the initial action—

(i)to identify the party or parties to be named as defendants; and

(ii)to identify the circumstances of the worker's exposure to silica; and

(iii)in relation to the negligence or breach of duty of the party or parties to be named as defendants; and

(iv)as to the relationship and causal nexus between the worker's condition and the exposure to silica;

(b)any other factors that the court considers appropriate.

135BHTotal award of damages not to exceed relevant statutory maximum

Despite anything to the contrary in this Part, a worker is not entitled to an amount of damages under this Division to the extent that the total amount of damages from the initial award of damages and the subsequent award of damages exceeds any maximum amount payable under section 134AB(22), as in force at the time the subsequent award of damages is made.".

10New Division 18 of Part IX inserted

After Division 17 of Part IX of the Accident Compensation Act 1985 insert—

"Division 18—Workplace Safety Legislation and Other Matters Amendment Act 2022

395Section 92B

(1)Section 92B, as in force on the commencement date, is taken to apply to a person for the purposes of a claim that relates to the death of a worker that occurred before the commencement date if the person is under 25 years of age on the commencement date.

(2)In this section, commencement date means the date of commencement of Division 1 of Part 2 of the Workplace Safety Legislation and Other Matters Amendment Act 2022.".

Division 2—Minor and technical amendments

11Provisions relating to the payment of compensation

In section 97(3) of the Accident Compensation Act 1985, for "at quarterly intervals the amount of weekly payments accruing due during the preceding quarter" substitute "weekly payments".

12Actions for damages

(1)After section 134AB(6) of the Accident Compensation Act 1985 insert—

"(6A)In calculating a period of time for the purpose of subsection (7), (10), (11), (12), (13), (14) or (16), the period from 24 December to 9 January next following must be disregarded.".

(2)In section 134AB(28)(a), (b) and (c) of the Accident Compensation Act 1985, for "party and party costs" substitute "costs assessed on the standard basis".

13Actions for damages—costs

In section 135A(13A) of the Accident Compensation Act 1985—

(a)in paragraph (a), for "the party and party costs" substitute "costs assessed on the standard basis";

(b)in paragraph (b), for "party and party costs" substitute "costs assessed on the standard basis";

(c)in paragraph (c), for "the party and party costs" substitute "costs assessed on the standard basis".

14Schedule 3A—Compensation for maims

In the Table in Schedule 3A to the Accident Compensation Act 1985, for "Quadraplegia" substitute "Quadriplegia".

Part 3—Amendment of Dangerous Goods Act 1985

15Definitions

In section 3(1) of the Dangerous Goods Act 1985—

(a)insert the following definition—

"WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013.";

(b)in the definition of vehicle, for "stock." substitute "stock;".

16Proceedings for an offence

In section 41(1) of the Dangerous Goods Act 1985, for "Act:" substitute "Act—".

17Infringement notices

After section 45B(2) of the Dangerous Goods Act 1985 insert—

"(3)Despite anything to the contrary in the Fines Reform Act 2014, any amount recovered in relation to an offence referred to in subsection (1) must be paid into the WorkCover Authority Fund, unless regulations made under the Workplace Injury Rehabilitation and Compensation Act 2013 expressly provide otherwise.".

Part 4—Amendment of Equipment (Public Safety) Act 1994

18Definitions

In section 3(1) of the Equipment (Public Safety) Act 1994—

(a)insert the following definition—

"WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013.";

(b)in the definition of Tribunal, for "1998." substitute "1998;".

19Infringement notices 

After section 27(2) of the Equipment (Public Safety) Act 1994 insert—

"(3)Despite anything to the contrary in the Fines Reform Act 2014, any amount recovered in relation to an offence referred to in subsection (1) must be paid into the WorkCover Authority Fund, unless regulations made under the Workplace Injury Rehabilitation and Compensation Act 2013 expressly provide otherwise.".

Part 5—Amendment of Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019

20Definitions

In section 4(1) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 insert the following definitions—

"Fire Rescue Victoria means the authority established under the Fire Rescue Victoria Act 1958;

occupational forest firefighter has the same meaning as in the Forests Act 1958;

surge forest firefighter has the same meaning as in the Forests Act 1958;

vehicle and equipment maintenance employee has the meaning given by section 4A;".

21New section 4A inserted

After section 4 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 insert—

"4A   Meaning of vehicle and equipment maintenance employee

(1)For the purposes of this Act, vehicle and equipment maintenance employee means a person who is, or was, employed in duties involving the mechanical, auto-electrical or fitting and turning maintenance and repair of firefighting vehicles and equipment.

(2)The role of the person must include the attendance at fires from time to time to maintain and repair firefighting vehicles and equipment.

(3)The person must be, or must have been, employed by the CFA or Fire Rescue Victoria.".

22Section 7 repealed

Section 7 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 is repealed.

23Determination as to whether a firefighter is a career firefighter for the purposes of this Division

In section 8(2) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019—

(a)for "firefighter" (where first occurring) substitute "person";

(b)in paragraph (a), after "a firefighter" insert "or vehicle and equipment maintenance employee";

(c)in paragraph (b), for "the majority of their employment or service" substitute "the greatest proportion of their employment or service as a firefighter or vehicle and equipment maintenance employee".

24Section 10 repealed

Section 10 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 is repealed.

25Determination of whether a firefighter is a volunteer firefighter for the purposes of this Division

For section 11(2) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 substitute—

"(2)Subject to sections 8(2) and 12B(2), if a person has ceased employment or service as a firefighter or vehicle and equipment maintenance employee, they are to be taken to be a volunteer firefighter for the purposes of this Division if their most recent service or employment as a firefighter or vehicle and equipment maintenance employee was as a volunteer firefighter.".

26New Divisions 3A and 3B of Part 2 inserted

After Division 3 of Part 2 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 insert—

"Division 3A—Operation of presumption in relation to vehicle and equipment maintenance employees

12ARebuttable presumption as to cause of certain diseases in relation to vehicle and equipment maintenance employees

(1)An injury to a vehicle and equipment maintenance employee is presumed to be due to the nature of their employment as a vehicle and equipment maintenance employee if—

(a)the injury—

(i)is a disease referred to in column 1 of the Table in Schedule 1; and

(ii)occurs on or after 1 June 2016; and

(b)the injury occurs during a period in which the worker is employed as a vehicle and equipment maintenance employee or within the 10 year period after the worker ceases to be employed as a vehicle and equipment maintenance employee; and

(c)before the date on which the injury that is a disease referred to in column 1 of the Table in Schedule 1 occurred, the worker is or was employed as a vehicle and equipment maintenance employee for at least the qualifying period specified in column 2 of that Table opposite the disease, and the worker attended fires to the extent reasonably necessary to fulfil the purpose of their employment as a vehicle and equipment maintenance employee—

in the absence of proof to the contrary.

(2)For the purposes of this section, if a vehicle and equipment maintenance employee suffers an injury that is a disease specified in column 1 of the Table in Schedule 1, the injury is to be taken to have occurred on the day on which the vehicle and equipment maintenance employee—

(a)is first diagnosed as suffering from the disease; or

(b)dies by reason of the disease—

whichever occurs first.

12BDetermination of whether a person is a vehicle and equipment maintenance employee

(1)Subject to section 8(2), if a person is employed as a vehicle and equipment maintenance employee at the time the injury occurs, they are taken to be a vehicle and equipment maintenance employee for the purposes of this Division.

(2)Subject to section 8(2), if a person has ceased employment as a vehicle and equipment maintenance employee, they are taken to be a vehicle and equipment maintenance employee for the purposes of this Division if—

(a)their most recent employment or service as a vehicle and equipment maintenance employee or firefighter was as a vehicle and equipment maintenance employee; or

(b)on balance, the greatest proportion of their employment or service as a vehicle and equipment maintenance employee or firefighter was as a vehicle and equipment maintenance employee.

12CDetermination of whether section 12A requirement is met

(1)For the purposes of determining whether a vehicle and equipment maintenance employee attended fires to the extent reasonably necessary to fulfil the purpose of their employment as a vehicle and equipment maintenance employee under section 12A, the Authority must seek an expert opinion from the advisory committee.

(2)In providing the expert opinion to the Authority, the advisory committee must have regard to—

(a)any relevant records, employer data and local knowledge; and

(b)any other matter prescribed by the regulations.

(3)The Authority—

(a)must have regard to the expert opinion provided to the Authority under subsection (1); and

(b)is not required to make a determination that is consistent with the expert opinion provided under subsection (1).

Division 3B—Determination of the qualifying period for firefighters and vehicle and equipment maintenance employees

12DDetermination of the qualifying period

(1)For the purposes of determining a period under section 6(1)(c), 9(1)(c) or 12A(1)(c)—

(a)a worker is taken to have been employed or served as a firefighter or vehicle and equipment maintenance employee for a full year in respect of any year the worker was employed or served as a firefighter or vehicle and equipment maintenance employee for only part of that year; and

(b)the following periods may be combined—

(i)any period during which the worker was employed as a career firefighter;

(ii)any period during which the worker served as a volunteer firefighter;

(iii)any period during which the worker was employed as a vehicle and equipment maintenance employee;

(iv)any period during which the worker was employed as an occupational forest firefighter;

(v)any period during which the worker served as a surge forest firefighter.

(2)For the purposes of subsection (1)(b), any consecutive or non-consecutive periods during which a worker has been employed or has served as specified in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1)(b) may be combined.

(3)If a worker has been employed or has served as specified in 2 or more subparagraphs of subsection (1)(b) at the same time, the period of concurrent employment or service is to be counted once only for the purposes of subsection (1)(b).".

27Special consideration

(1)After section 13(1) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 insert—

"(1A)If a vehicle and equipment maintenance employee—

(a)suffers an injury that is a disease referred to in column 1 of the Table in Schedule 1; and

(b)would not be entitled to the presumption under Division 3A only because the vehicle and equipment maintenance employee does not satisfy the relevant qualifying period; and

(c)can prove in accordance with this Division that the vehicle and equipment maintenance employee has had an exceptional exposure event in the course of attending a fire to repair and maintain firefighting vehicles and equipment whether within or outside Victoria while employed as a vehicle and equipment maintenance employee—

the injury is presumed to be due to the nature of their employment as a vehicle and equipment maintenance employee.".

(2)In section 13(2) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, for "firefighter who intends to rely on subsection (1)" substitute "person who intends to rely on subsection (1) or (1A)".

28What is an exceptional exposure event?

In section 14 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019—

(a)after "firefighter" insert "or vehicle and equipment maintenance employee";

(b)in paragraph (b), after "firefighters" insert "or vehicle and equipment maintenance employees".

29Application for special consideration

In section 15(3) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, for "or 3" substitute ", 3 or 3A".

30Determination of application for special consideration

In section 16(2) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, after "firefighter" insert "or vehicle and equipment maintenance employee (as appropriate)".

31Claim for injury occurring on or after 1 June 2016

In the heading to section 17 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, after "2016" insert "—firefighters".

32New section 17A inserted

After section 17 of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 insert—

"17A   Claim for injury occurring on or after 1 June 2016—vehicle and equipment maintenance employees

If, before the commencement of Part 5 of the Workplace Safety Legislation and Other Matters Amendment Act 2022—

(a)a vehicle and equipment maintenance employee has made a claim for compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of an injury that is a disease referred to in column 1 of the Table in Schedule 1 which occurred on or after 1 June 2016; and

(b)the Authority has rejected the claim for compensation—

the vehicle and equipment maintenance employee is entitled to make a new claim for compensation in accordance with this Act.".

33Establishment of advisory committee

In section 20(2) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019—

(a)after paragraph (a) insert—

"(ab)whether a vehicle and equipment maintenance employee has attended fires to the extent reasonably necessary to fulfil the purpose of their employment as a vehicle and equipment maintenance employee as required by section 12A(1)(c); or";

(b)in paragraph (b), after "firefighter" insert "or vehicle and equipment maintenance employee".

Part 6—Amendment of Legal Profession Uniform Law Application Act 2014

34Definitions

(1)In section 3(1) of the Legal Profession Uniform Law Application Act 2014 insert the following definitions—

"lawyer member, of the Victorian Legal Services Board, means a member appointed under section 35(1)(b);

non-lawyer member, of the Victorian Legal Services Board, means a member appointed under section 35(1)(a);".

(2)In section 3(1) of the Legal Profession Uniform Law Application Act 2014—

(a)in the definition of advocate member, for "section 62(1)(a)" substitute "section 35(3A)(a)";

(b)in the definition of non-advocate member, for "section 62(1)(b)" substitute "section 35(3A)(b)".

35Membership

For section 32(1)(b) and (c) of the Legal Profession Uniform Law Application Act 2014 substitute—

"(b)6 members appointed under section 35—

(i)3 of whom are non-lawyer members; and

(ii)3 of whom are lawyer members.".

36Chairperson and deputy chairperson

In section 33(3) of the Legal Profession Uniform Law Application Act 2014, for "an elected member or appointed" substitute "a".

37Appointed members

(1)For section 35(1) of the Legal Profession Uniform Law Application Act 2014 substitute—

"(1)The Governor in Council, on the recommendation of the Attorney-General, may appoint—

(a)a person to be a non-lawyer member of the Victorian Legal Services Board; or

(b)a person to be a lawyer member of the Victorian Legal Services Board.".

(2)In section 35(2) of the Legal Profession Uniform Law Application Act 2014, for "an appointed member if he or she" substitute "a non-lawyer member if the person".

(3)In section 35(3) of the Legal Profession Uniform Law Application Act 2014, for "appointed members" substitute "non-lawyer members appointed".

(4)After section 35(3) of the Legal Profession Uniform Law Application Act 2014 insert—

"(3A)Of the lawyer members appointed—

(a)one is to be an Australian legal practitioner—

(i)whose home jurisdiction is Victoria; and

(ii)who is of not less than 5 years' standing; and

(iii)who is a barrister (advocate member); and

(iv)who is selected by the Attorney‑General from a panel of 3 barristers nominated by the Victorian Bar; and

(b)two are to be Australian legal practitioners—

(i)whose home jurisdiction is Victoria; and

(ii)who are not of less than 5 years' standing; and

(iii)who are not barristers (non‑advocate members); and

(iv)who have been selected by the Attorney-General from a panel of 6 Australian legal practitioners nominated by the Law Institute.".

(5)In section 35(4) of the Legal Profession Uniform Law Application Act 2014—

(a)for "An appointed member" substitute "A member of the Victorian Legal Services Board";

(b)for "his or her" substitute "the member's".

38Acting appointments

In section 37(2) of the Legal Profession Uniform Law Application Act 2014, for "an elected" (where twice occurring) substitute "a lawyer".

39When does a member's office become vacant?

(1)After section 38(2) of the Legal Profession Uniform Law Application Act 2014 insert—

"(2A)The Governor in Council may remove a lawyer member from office if disciplinary action has been taken in respect of the member.

(2B)The Governor in Council may remove the chairperson of the Victorian Legal Service Board from office if—

(i)the chairperson is an Australian legal practitioner; and

(ii)disciplinary action has been taken in respect of the chairperson.".

(2)In section 38(3) of the Legal Profession Uniform Law Application Act 2014, for "an elected" substitute "a lawyer".

(3)After section 38(3) of the Legal Profession Uniform Law Application Act 2014 insert—

"(4)In this section—

disciplinary action has the same meaning as in Division 2 of Part 9A.".

40Meetings

In section 39(2) of the Legal Profession Uniform Law Application Act 2014, for "one appointed member and one elected member" substitute "one non-lawyer member and one lawyer member".

41Resolutions without meetings

In section 41(1)(b) of the Legal Profession Uniform Law Application Act 2014, for "appointed member and one elected" substitute "non-lawyer member and one lawyer".

42Validity of acts or decisions

In section 42(a)(i) of the Legal Profession Uniform Law Application Act 2014 omit "or the election of a member".

43Delegation

Section 44(2)(f) of the Legal Profession Uniform Law Application Act 2014 is repealed.

44Division 5 of Part 3 repealed

Division 5 of Part 3 of the Legal Profession Uniform Law Application Act 2014 is repealed.

45New Division 12 inserted in Part 12

After Division 11 of Part 12 of the Legal Profession Uniform Law Application Act 2014 insert—

"Division 12—Workplace Safety Legislation and Other Matters Amendment Act 2022

187Elected members of the Victorian Legal Services Board

(1)On the commencement day, a person elected to the Victorian Legal Services Board in accordance with Division 5 of Part 3, as in force before the commencement day, continues to be an elected member of the Board despite the repeal of that Division until the earlier of—

(a)30 June 2023; or

(b)the Governor in Council appoints a lawyer member to the Board in accordance with section 35.

(2)In this section—

commencement day means the day section 44 of the Workplace Safety Legislation and Other Matters Amendment Act 2022 comes into operation.".

Part 7—Amendment of Occupational Health and Safety Act 2004

46Definitions

In section 5(1) of the Occupational Health and Safety Act 2004 insert the following definition—

"WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013;".

47Incidents to which this Part applies

(1)For section 37(2) of the Occupational Health and Safety Act 2004 substitute—

"(2)This Part also applies to an incident that exposes a person to a serious risk to the person's health or safety emanating from an immediate or imminent exposure to—

(a)an uncontrolled escape, spillage or leakage of any substance, including dangerous goods within the meaning of the Dangerous Goods Act 1985; or

(b)an implosion, explosion or fire; or

(c)electric shock; or

(d)the fall or release from a height of any plant, substance or thing; or

(e)the collapse, overturning, failure or malfunction of, or damage to, any plant (including plant in relation to a mine)—

(i)that is prescribed by the regulations; or

(ii)the design of which must be registered in accordance with the regulations; or

(f)the collapse or partial collapse of a building or structure; or

(g)the collapse or failure of an excavation or mine or of any shoring supporting an excavation or mine; or

(h)the inrush of water, mud or gas in workings in a mine, underground excavation or tunnel; or

(i)the interruption of the main system of ventilation in a mine, underground excavation or tunnel; or

(j)any other event or circumstance prescribed by the regulations.".

(2)After section 37(2) of the Occupational Health and Safety Act 2004 insert—

"(2A)Without limiting subsections (1) and (2), this Part also applies to an incident constituted by the illness of a person, being an illness prescribed by the regulations.".

(3)In section 37(3) of the Occupational Health and Safety Act 2004, for "subsections (1) and (2)" substitute "subsections (1), (2) and (2A)".

48Duty to notify of incidents

In section 38(4)(b) of the Occupational Health and Safety Act 2004, for "immediate risk" substitute "serious risk".

49Power to issue prohibition notice

In section 112(1)(a) and (b) of the Occupational Health and Safety Act 2004, for "an immediate risk to the health or safety of a person" substitute "a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard".

50Power to give directions

In section 120(1) of the Occupational Health and Safety Act 2004, for "an immediate risk to the health or safety of any person" substitute "a serious risk to the health or safety of any person emanating from an immediate or imminent exposure to a hazard".

51Internal review

In section 128(4) of the Occupational Health and Safety Act 2004, for "and must" substitute "and, subject to section 128A, must".

52New section 128A inserted

After section 128 of the Occupational Health and Safety Act 2004 insert—

"128A   Requests for further information

(1)The Authority may request an applicant under section 128 to provide further information in relation to the application.

(2)A request under subsection (1) must—

(a)be in writing; and

(b)specify a period (not exceeding 7 days) during which the applicant may respond; and

(c)indicate that, if the applicant does not provide the information within the specified period, the Authority may make a decision on the application without that information.

(3)If the Authority requests further information under subsection (1), the period referred to in section 128(4) is suspended until the earlier of the following—

(a)the applicant has provided all of the information requested;

(b)the period specified by the Authority in its most recent request has expired.".

53Infringement notices

After section 139(3) of the Occupational Health and Safety Act 2004 insert—

"(4)Despite anything to the contrary in the Fines Reform Act 2014, any amount recovered in relation to an offence referred to in subsection (1) must be paid into the WorkCover Authority Fund, unless regulations made under the Workplace Injury Rehabilitation and Compensation Act 2013 expressly provide otherwise.".

54Power to issue prohibition notice

In section 190 of the Occupational Health and Safety Act 2004, in notional section 112(1A) of the Occupational Health and Safety Act 2004, for "an immediate risk to the health or safety of a person" substitute "a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard".

55Power to give directions

In section 191 of the Occupational Health and Safety Act 2004, in notional section 120(1A) of the Occupational Health and Safety Act 2004, for "an immediate risk to the health or safety of a person" substitute "a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard".

Part 8—Amendment of Workplace Injury Rehabilitation and Compensation Act 2013

Division 1—Compensation

56Definitions

In section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert the following definitions—

"eligible progressive disease means a disease that is declared to be an eligible progressive disease by Order made under section 51A;

lung transplant surgery means the replacement of one or both lungs;

serious lung injury means an injury that requires treatment with lung transplant surgery;".

57New section 51A inserted

After section 51 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"51A   Eligible progressive diseases

(1)The Governor in Council, by Order published in the Government Gazette, may declare a disease to be an eligible progressive disease for the purposes of this Act.

(2)An Order under this section—

(a)must only be made on the recommendation of the Minister; and

(b)may relate to a specific disease or a disease of a certain nature; and

(c)may impose any conditions in relation to a disease, including in relation to the date of diagnosis of the disease; and

(d)takes effect on and from the date on which it is published or, if a later date is specified in the Order, that later date.

(3)The Minister must not recommend the making of an Order under this section in respect of a disease unless the Minister is satisfied that the disease is—

(a)serious and potentially life-threatening; and

(b)extremely likely to cause an ongoing deterioration of a person's health, such that the degree of impairment resulting from the disease is unlikely to stabilise for any significant period of time. 

(4)A disease is not an eligible progressive disease for the purposes of this Act unless the disease is diagnosed on or after 1 June 2016 or, if a later date is specified in the Order, that later date.".

58Definitions

In section 52 of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)for the definition of further injury substitute—

"further hearing injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior hearing injury;";

(b)for the definition of prior injury substitute—

"prior hearing injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing.";

(c)insert the following definitions—

"further EPD injury means an increase in the degree of impairment of a worker who has on one or more occasions suffered a prior EPD injury;

prior EPD injury means an eligible progressive disease for which a worker has received or become entitled to receive compensation for impairment;".

59When and how to make an assessment of impairment

In section 55(a) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "after" substitute "subject to sections 68A and 68D, after".

60Further diminution of hearing

(1)In section 61(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "further injury" (where twice occurring) substitute "further hearing injury".

(2)In section 61(2) of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)in paragraph (a), for "further injury" substitute "further hearing injury";

(b)in paragraph (b)—

(i)for "prior injury" (where twice occurring) substitute "prior hearing injury";

(ii)for "prior injuries" substitute "prior hearing injuries".

(3)In section 61(3) of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)for "further injury" (where twice occurring) substitute "further hearing injury";

(b)for "prior injury" substitute "prior hearing injury".

61Assessing degree of impairment of whole person

(1)In section 63(2) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "further injury" (where twice occurring) substitute "further hearing injury".

(2)In section 63(3) of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)for "further injury" substitute "further hearing injury";

(b)for "prior injury" substitute "prior hearing injury".

62New Subdivisions 6 and 7 of Division 4 of Part 2 inserted

After Subdivision 5 of Division 4 of Part 2 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"Subdivision 6—Eligible progressive diseases

68AAssessment of eligible progressive disease

An assessment of the degree of impairment resulting from an eligible progressive disease may be made regardless of whether the degree of impairment has stabilised.

68BClaim for compensation—eligible progressive disease

(1)Despite section 197(2), the Authority or a self-insurer may receive a claim for compensation under Division 5 of Part 5 for an injury that is an eligible progressive disease at any time after the date of the injury.

(2)For the purposes of subsection (1), the Authority or self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that the degree of impairment resulting from the eligible progressive disease is unlikely to stabilise.

68CClaim for compensation—further impairment

(1)Despite section 197(5), a worker who has suffered a prior EPD injury is entitled to make a claim for compensation under Division 5 of Part 5 in respect of a further EPD injury.

(2)For the purposes of subsection (1), the Authority or a self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that—

(a)the worker has suffered further impairment since the date of the claim for the most recent prior EPD injury; and

(b)the further impairment suffered by the worker results from—

(i)the prior EPD injury; or

(ii)an injury directly related to the prior EPD injury.

(3)Compensation referred to in subsection (1) is to be determined in accordance with section 214A, being compensation referrable to a percentage which is the difference between—

(a)the degree of impairment from which the worker is suffering at the time of the claim in respect of the further EPD injury; and

(b)the total degree of impairment from which the worker has suffered as a result of one or more prior EPD injuries.

(4)Compensation payable under section 214A is payable in addition to any other compensation payable in accordance with this Act.

(5)Despite anything to the contrary in this Act, a worker who suffers a further EPD injury is not entitled to compensation under Division 5 of Part 5 unless the worker has a degree of impairment of at least 10 per cent resulting from the further EPD injury and any prior EPD injuries.

Subdivision 7—Injuries requiring lung transplant surgery

68DAssessment of lung injury

An assessment under this Division of the degree of impairment resulting from either of the following may be made regardless of whether the degree of impairment has stabilised—

(a)a serious lung injury;

(b)an injury that has been treated with lung transplant surgery.

68EClaim for compensation—serious lung injury

(1)Despite section 197(2), the Authority or a self-insurer may receive a claim for compensation under Division 5 of Part 5 for a serious lung injury at any time after the date of the injury.

(2)For the purposes of subsection (1), the Authority or self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that—

(a)the degree of impairment from the injury is unlikely to stabilise; and

(b)the injury requires treatment with lung transplant surgery.

68FClaim for compensation—injury treated with lung transplant surgery

(1)Despite section 197(2), the Authority or a self-insurer may receive a claim for compensation under Division 5 of Part 5 for an injury that has been treated with lung transplant surgery at any time after the date of the injury.

(2)For the purposes of a claim referred to in subsection (1), the degree of impairment of the worker is taken to be the greater of—

(a)the degree of impairment assessed in accordance with this Division; or

(b)30 per cent.

(3)For the purposes of subsections (1) and (2), the Authority or self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that lung transplant surgery was required to treat the injury.

68GClaim for compensation—further impairment related to lung injury

(1)Despite section 197(5), a worker who has received or become entitled to receive compensation under Division 5 of Part 5 in respect of a serious lung injury may make a further claim for compensation under that Division in respect of the injury after undergoing lung transplant surgery.

(2)Compensation referred to in subsection (1) is to be determined in accordance with section 214A, being compensation referrable to a percentage which is the difference between—

(a)the degree of impairment suffered by the worker after undergoing lung transplant surgery; and

(b)the degree of impairment resulting from the worker's serious lung injury, as assessed for the purposes of the earlier claim.

Note

The deemed minimum level of impairment of a worker who has undergone lung transplant surgery is 30 per cent—see section 68F(2).

(3)Compensation payable under section 214A is payable in addition to any other compensation payable in accordance with this Act.".

63Claims for compensation under Division 5

(1)In section 197(2) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "claim, not being a claim for compensation for industrial deafness," substitute "claim (other than a claim for compensation for industrial deafness, an eligible progressive disease, a further EPD injury, a serious lung injury or an injury that has been treated with lung transplant surgery)".

(2)At the foot of section 197 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"Note

For matters relating to industrial deafness, an eligible progressive disease, a further EPD injury, serious lung injury and an injury that has been treated with lung transplant surgery, see Subdivisions 3, 6 and 7 of Division 4 of Part 2.".

64Definitions

In section 210 of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)for the definition of further injury substitute—

"further hearing injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior hearing injury;";

(b)for the definition of prior injury substitute—

"prior hearing injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing;";

(c)insert the following definitions—

"further EPD injury means an increase in the degree of impairment of a worker who has on one or more occasions suffered a prior EPD injury;

prior EPD injury means an eligible progressive disease for which a worker has received or become entitled to receive compensation for impairment;".

65Compensation for non-economic loss—permanent impairment

In section 211(2) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "further injury" substitute "further hearing injury".

66Compensation for non-economic loss—industrial deafness in respect of further injury

(1)In the heading to section 213 of the Workplace Injury Rehabilitation and Compensation Act 2013, for "further injury" substitute "further hearing injury".

(2)In section 213(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "further injury" substitute "further hearing injury".

67New section 214A inserted

After section 214 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"214A   Compensation for non-economic loss—further impairment

Despite section 211(1), the amount of non‑economic loss in respect of impairment resulting from a further EPD injury or an injury referred to in section 68G is to be calculated as at the relevant date as follows—

(a)if T is not less than 10 per cent and not more than 30 per cent and P is less than 10 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

;

(b)if T is not less than 10 per cent and not more than 30 per cent and P is not less than 10 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

;

(c)if T is more than 30 per cent and P is less than 10 per cent—the amount of the non‑economic loss is to be determined in accordance with the formula—

;

(d)if T is more than 30 per cent and P is not less than 10 per cent and is less than 30 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

;

(e)if T is more than 30 per cent and P is not less than 30 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

;

where—

Tis the percentage referred to in section 68C(3)(a) or 68G(2)(a) (as the case requires);

Pis the total percentage referred to in section 68C(3)(b) or 68G(2)(b) (as the case requires).".

68Limits on compensation

In section 217(3) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "prior injury or prior hearing loss, that prior injury or prior hearing loss" substitute "prior EPD injury, prior hearing injury, prior hearing loss or serious lung injury, that prior EPD injury, prior hearing injury, prior hearing loss or serious lung injury".

69Liability of Authority and self-insurer

(1)After section 224(1)(a) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"(ab)if the worker dies, the reasonable costs of household help received by a family member of the worker for a period of 6 months commencing from the date on which the Authority is notified of the death, in circumstances where—

(i)it appears to the Authority that the worker's death results from the injury for which compensation is payable; and

(ii)at the time of the death of the worker, the worker was receiving compensation for household help within the meaning of paragraph (b) of the definition of personal and household service; and

(iii)the family member resides at the worker's home; and

(iv)the Authority is notified of the death of the worker within 3 months from the date of the death; and".

(2)In section 224(1)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)after "received" insert "or an eligible progressive disease,";

(b)after "severe injury" (where second occurring) insert "or eligible progressive disease".

(3)In section 224(1)(e) of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)in subparagraph (iii), for "members; and" substitute "members.";

(b)subparagraph (iv) is repealed.

70Medical and like services outside Australia

(1)In section 228(1) of the Workplace Injury Rehabilitation and Compensation Act 2013—

(a)for "service, burial or cremation specified in section 224(1)" substitute "service specified in section 224(1)(a), (ab) or (b)";

(b)for "the service, burial or cremation" substitute "the service".

(2)In section 228(2) and (3) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "service, burial or cremation" substitute "service".

(3)In section 228(4) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "services, burials or cremations" substitute "services".

71Definitions

In section 234(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, in the definition of child—

(a)in paragraph (b), for "apprentice;" substitute "apprentice—";

(b)after paragraph (b) insert—

"and in sections 241 and 242, includes a person who is 16 years or more but under the age of 25 years if the person has a disability within the meaning of section 3(1) of the Disability Act 2006;".

72Weekly pensions for dependants of worker who dies

After section 241(8)(a) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"(ab)if the child has a disability within the meaning of section 3(1) of the Disability Act 2006, on attaining the age of 25 years; or".

73Provisional payments

In section 243(7) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

(a)in paragraph (b), for "suicide;" substitute "suicide.";

(b)paragraph (c) is repealed.

74New section 243A inserted

After section 243 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"243A   Certain provisional payments payable to trustee

If, under section 243, a provisional payment is payable to a minor or a person under a disability, the provisional payment must be paid to a trustee for the minor or person under a disability appointed by a court or VCAT to be invested, applied or otherwise dealt with for the benefit of the minor or person under a disability as the trustee thinks fit.".

75New Subdivision 1 of Division 2 of Part 7 heading inserted

After the heading to Division 2 of Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert the following heading—

"Subdivision 1—Preliminary".

76New Subdivision 2 of Division 2 of Part 7 heading inserted

Before section 328 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert the following heading—

"Subdivision 2—Proceedings for damages".

77New Subdivision 3 of Division 2 of Part 7 inserted

After section 356 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"Subdivision 3—Subsequent action for damages

356ADefinitions

In this Subdivision—

initial award has the meaning set out in section 356B(a);

serious silica-related condition means a condition that is—

(a)an eligible progressive disease; and

(b)a serious injury; and

(c)attributable or related to exposure to respirable crystalline silica;

subsequent action means an action for a subsequent award of damages for a serious silica-related condition;

subsequent award has the meaning set out in section 356B(b).

356BInitial and subsequent award of damages for serious silica-related conditions

If it is proved or admitted in an action for damages in respect of a serious silica-related condition that the worker may at some time in the future develop another serious silica‑related condition wholly or partly as a result of the act or omission giving rise to the cause of action, the court may—

(a)award, in the first instance, damages for the serious silica-related condition assessed on the assumption that the worker will not develop another serious silica-related condition (the initial award); and

(b)award damages at a future date if the worker does develop another serious silica-related condition (the subsequent award).

356COnly one subsequent award of damages permitted

If an initial award of damages has been made to a worker in respect of a serious silica-related condition only one subsequent award of damages for another serious silica‑related condition can be made to that worker.

356DRegard must be had to initial award of damages

If an initial award of damages has been made to a worker for a serious silica-related condition, a court must have regard to those damages when assessing damages to be awarded in a subsequent action for damages for another serious silica-related condition suffered by that worker.

356ERegard must be had to legal costs incurred in initial action

(1)If an initial award of damages has been made to a worker for a serious silica-related condition, a court must have regard to the legal costs incurred in respect of the action for those damages (the initial action) when assessing the amount to be awarded as legal costs in a subsequent action for damages by that worker for another serious silica-related condition.

(2)The purpose of subsection (1) is to ensure that legal costs awarded in a subsequent action are not in respect of work undertaken for the purposes of the initial action.

(3)In considering any possible duplication of legal costs, the court must have regard to the following factors—

(a)any work undertaken in the initial action—

(i)to identify the party or parties to be named as defendants; and

(ii)to identify the circumstances of the worker's exposure to silica; and

(iii)in relation to the negligence or breach of duty of the party or parties to be named as defendants; and

(iv)as to the relationship and causal nexus between the worker's condition and the exposure to silica;

(b)any other factors that the court considers appropriate.

356FTotal award of damages not to exceed relevant statutory maximum

Despite anything to the contrary in this Division, a worker is not entitled to an amount of damages under this Subdivision to the extent that the total amount of damages from the initial award of damages and the subsequent award of damages exceeds any maximum amount payable under section 340, as in force at the date the subsequent award of damages is made.".

78New section 623N inserted

Before the Schedules to the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"623N   Transitional provision—Workplace Safety Legislation and Other Matters Amendment Act 2022

(1)Sections 234 and 241, as in force on the commencement date, are taken to apply to a person for the purposes of a claim that relates to the death of a worker that occurred before the commencement date if the person is under 25 years of age on the commencement date.

(2)In this section, commencement date means the date of commencement of Division 1 of Part 8 of the Workplace Safety Legislation and Other Matters Amendment Act 2022.".

Division 2—Minor and technical amendments

79Absence from Australia

In section 175(4) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "at quarterly intervals the amount of weekly payments accruing due during the preceding quarter" substitute "weekly payments".

80Costs

(1)In section 278(3)(a) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "party and party costs" substitute "costs assessed on the standard basis".

(2)In section 278(3)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "the party and party costs" substitute "costs assessed on the standard basis".

81Power to request or release documents etc.

In section 291(2) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "may, at his or her discretion," substitute "has discretion to".

82New section 329A inserted

After section 329 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert—

"329A   Calculation of period of time for certain matters

In calculating a period of time for the purpose of section 330, 331, 332, 333, 334, 335 or 337, the period from 24 December to 9 January next following must be disregarded.".

83Costs

(1)In section 344(2)(a) and (b) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "party and party costs" substitute "costs assessed on the standard basis".

(2)In section 344(2)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "the party and party costs" substitute "costs assessed on the standard basis".

84Secrecy provisions

In section 595(2)(e) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "section 92(1)(c), (e) and (vf)" substitute "section 92(1)(c) and (1)(e)(vi)".

85Schedule 1—Students etc. deemed to be workers and their deemed employers

In clause 1(2)(a)(i) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013, for "Early Childhood Development" substitute "Training".

86Schedule 1—Contractors

In clause 9(6) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013, in paragraph (b) of the definition of relevant period, after "provided in 2" insert "or more".

Part 9—Amendment of Victims of Crime Assistance Act 1996

87Fixing time and place for hearing

After section 34(3) of the Victims of Crime Assistance Act 1996 insert—

"(4)Despite subsections (2) and (3), the Tribunal must not give notice of the time and place for the hearing to the person who committed, or is alleged to have committed, the act of violence if the act of violence involves—

(aa)an offence against section 20, 21 or 21A of the Crimes Act 1958 or any corresponding previous enactment; or

(a)an offence against Subdivision (8A), (8B), (8C), (8D), (8E), (8F) or (8FA) of Division 1 of Part I of the Crimes Act 1958 or any corresponding previous enactment (sexual offences); or

(b)an offence at common law of rape or assault with intent to rape; or

(c)family violence within the meaning of the Family Violence Protection Act 2008.".

88Who is entitled to appear at hearing?

(1)After section 35(1) of the Victims of Crime Assistance Act 1996 insert—

"(1A)Despite subsection (1), a person is not entitled to appear and be heard by the Tribunal on the hearing of the matter (and must not appear or be heard) if the person committed, or is alleged to have committed, the act of violence that is the subject of the application and the act of violence involves—

(aa)an offence against section 20, 21 or 21A of the Crimes Act 1958 or any corresponding previous enactment; or

(a)an offence against Subdivision (8A), (8B), (8C), (8D), (8E), (8F) or (8FA) of Division 1 of Part I of the Crimes Act 1958 or any corresponding previous enactment (sexual offences); or

(b)an offence at common law of rape or assault with intent to rape; or

(c)family violence within the meaning of the Family Violence Protection Act 2008.".

(2)In section 35(2) of the Victims of Crime Assistance Act 1996, after "a matter" (where secondly occurring) insert ", including to conduct examinations during a hearing,".

Part 10—Repeal of this Act

89Repeal of this Act

This Act is repealed on 1 December 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: 2 December 2021

Legislative Council: 24 February 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Accident Compensation Act 1985, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, the Legal Profession Uniform Law Application Act 2014, the Occupational Health and Safety Act 2004, the Workplace Injury Rehabilitation and Compensation Act 2013 and the Victims of Crime Assistance Act 1996 and for other purposes. "