Accident Compensation and Other Legislation
(Amendment) Act 2006
Act No. 41/2006
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1.
2.
1
Purpose
Commencement
1
2
PART 2—ACCIDENT COMPENSATION ACT 1985
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Amendment of section 5A
Amendment of section 16—Sporting contestants
Extension of second entitlement period to 130 weeks
Amendment of section 52D—Appointment of Conciliation
Officers
Amendment of section 52E—Engagement of Conciliation
Officers
Amendment of section 55—Lodging of disputes
Amendment of section 91—Assessment of impairment
Amendment of section 91C—Recognition of previous
determinations
Amendment of section 92A—Revised compensation for death
of worker
Consequential amendment of section 100
Partial return to work benefits
New section 93EA inserted
93EA. Compensation for incapacity arising after retirement
age
Amendments consequential on section 14
Amendment of section 99
Amendment of section 99(13)
Amendment of section 104B—Separation of impairment
benefit
Amendment of section 104B—Claims initiated by Authority
or self-insurer
Termination or alteration of weekly payments
Amendment of section 114B—Termination of weekly
payments after expiry of entitlement period
Amendment of section 114E
i
4
4
5
6
7
7
8
8
9
10
10
12
13
13
15
15
17
17
20
24
25
25
Section
23.
24.
25.
26.
Page
Amendment of section 129ME—Meaning of substantive law
Amendment of section 134AB(4)
Repeals
New Division 7 inserted into Part IX
26
26
27
27
Division 7—Accident Compensation and Other
Legislation (Amendment) Act 2006
27
287.
288.
289.
290.
291.
292.
293.
294.
295.
27
27
28
29
30
30
30
30
31
Section 5A
Section 16
Sections 43, 50, 93C, 93CB and 93E
Section 91
Section 92A
Sections 93B, 93CB and 93CD
Section 93EA
Section 99
Sections 114 and 114B
PART 3—ACCIDENT COMPENSATION (WORKCOVER
INSURANCE) ACT 1993
27.
New section 31B inserted
31B. Default penalty where failure to provide full and true
disclosure
PART 4—EMERGENCY SERVICES SUPERANNUATION
ACT 1986
28.
Amendment of section 9
Amendment of section 15
Amendment of section 46A
34.
35.
36.
37.
38.
39.
40.
32
34
35
35
35
PART 6—WORKERS COMPENSATION ACT 1958
31.
32.
33.
32
34
PART 5—TRANSPORT ACCIDENT ACT 1986
29.
30.
32
Amendment of section 3—Definitions
Amendment of section 9
New section 12A inserted
12A. Certificate by a registered medical practitioner
Amendment of section 19
New sections 19A and 19B inserted
19A. Reference under section 19
19B. Procedure relating to references under section 19
Amendment of section 20
Amendment of section 21—Proclamation of diseases
Repeal of section 24
Amendment of section 27—Medical examinations
Amendment of section 29
ii
37
37
37
38
38
39
39
39
41
42
42
42
42
43
Section
41.
42.
43.
44.
45.
46.
47.
Page
New section 31A inserted
31A. Transitional provision
Amendment of section 45
New section 72C inserted
72C.
Proof of identity
Amendment of section 85
New sections 98A and 98B inserted
98A. Additional amounts paid under section 2A
98B. Recompense from the Fund for additional amounts paid
under section 2A
New sections 112A and 112B inserted
112A. Additional amounts paid under section 2G
112B. Recompense from the Fund for additional amounts paid
under section 2G
New Third Schedule inserted
43
43
44
45
45
45
45
45
THIRD SCHEDULE—List of Diseases Proclaimed
47
PART 7—WRONGS ACT 1958
48.
46
46
46
47
47
51
Section 28LI substituted
28LI. Assessment of certain impairments
═══════════════
ENDNOTES
51
51
55
iii
Victoria
No. 41 of 2006
Accident Compensation and Other
Legislation (Amendment) Act 2006†
[Assented to 25 July 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend—
(a) the Accident Compensation Act 1985 to—
(i) increase certain benefits under the Act;
(ii) improve the operation of the Act;
1
Accident Compensation and Other Legislation (Amendment) Act
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Act No. 41/2006
s. 2
Part 1—Preliminary
(b) the Accident Compensation (WorkCover
Insurance) Act 1993 to provide for a default
penalty if there is a failure to provide full and
true disclosure in respect of matters relating
to the calculation of premium;
(c) the Emergency Services Superannuation
Act 1986 to continue the appointment of
deputies of members of the Emergency
Services Superannuation Board;
(d) the Transport Accident Act 1986 to—
(i) clarify the power to appoint a
Chairperson of the Board of
Management of the Transport Accident
Commission; and
(ii) provide for "The Guide to the
Evaluation of Psychiatric Impairment
for Clinicians" to be used in assessing
the degree of psychiatric impairment;
(e) the Workers Compensation Act 1958 to
include necessary provisions from the
Workers Compensation Regulations 1995 so
that those regulations are no longer required;
(f) the Wrongs Act 1958 to enable specified
guidelines to be used in the assessment of
certain impairments.
2. Commencement
(1) This Part, sections 6, 7, 8, 9, 25 and 26, and
Parts 4, 5 and 7 come into operation on the day
after the day on which this Act receives the Royal
Assent.
(2) Section 17(1) is deemed to have come into
operation on 20 October 1999.
(3) Sections 4, 18 and 24 are deemed to have come
into operation on 1 June 2006.
2
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 1—Preliminary
(4) Sections 3, 5, 10, 11, 12, 13, 14, 15, 16, 17(2), 19,
20, 21, 22 and 23 and Part 3 are deemed to have
come into operation on 1 July 2006.
(5) Part 6 comes into operation on 5 August 2006.
__________________
3
s. 2
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 3
Part 2—Accident Compensation Act 1985
PART 2—ACCIDENT COMPENSATION ACT 1985
3. Amendment of section 5A
(1) After section 5A(1) of the Accident
Compensation Act 1985 insert—
"(1AA) For the purposes of sub-section (1), in
calculating weekly payments of pension
under section 92B for the first 26 weeks after
the death of the worker, if—
(a) the worker, during the relevant period
under sub-section (1), worked paid
overtime; and
(b) it is likely that the worker would have
worked paid overtime at any time
during that first 26 week period if not
for the death of the worker resulting
from, or materially contributed to, by
an injury which entitles the worker's
dependants to compensation—
an additional amount calculated under subsection (1C) is to be included in the worker's
pre-injury average weekly earnings.
(1AB) For the purposes of sub-section (1), in
calculating weekly payments of pension
under section 92B for the first 26 weeks after
the death of the worker, if—
(a) the worker, during the relevant period
under sub-section (1), carried out shift
work that attracted a shift allowance;
and
4
Accident Compensation and Other Legislation (Amendment) Act
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Act No. 41/2006
Part 2—Accident Compensation Act 1985
(b) it is likely that the worker would have
carried out shift work attracting a shift
allowance at any time during that first
26 week period if not for the death of
the worker resulting from, or materially
contributed to, by an injury which
entitles the worker's dependants to
compensation—
an additional amount calculated under subsection (1C) is to be included in the worker's
pre-injury average weekly earnings.".
(2) In section 5A(1C) of the Accident Compensation
Act 1985 after "sub-sections" insert "(1AA),
(1AB),".
(3) In section 5A(1D) of the Accident Compensation
Act 1985 after "sub-sections" insert "(1AB),".
(4) In section 5A(4) of the Accident Compensation
Act 1985 after "sub-sections" insert "(1AA),
(1AB),".
4. Amendment of section 16—Sporting contestants
After section 16(8) of Accident Compensation
Act 1985 insert—
"(9) This section is deemed to have been enacted
as amended by section 8(1) of the Accident
Compensation (Miscellaneous
Amendment) Act 1997.
Note: The effect of this provision is that the
amendments made by section 8(1) of the
Accident Compensation (Miscellaneous
Amendment) Act 1997 have effect as from
30 July 1985.".
5
s. 4
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 5
Part 2—Accident Compensation Act 1985
5. Extension of second entitlement period to 130 weeks
(1) In section 43(2) of the Accident Compensation
Act 1985 for "104" substitute "130".
(2) After section 50(2) of the Accident
Compensation Act 1985 insert—
"(2AA) Sub-sections (3) to (6) do not apply in
proceedings before the County Court
commenced before the commencement of
section 5 of the Accident Compensation
and Other Legislation (Amendment) Act
2006 if the only reason why those subsections would apply is because of the
amendment of section 43 by that section.".
(3) For section 93C(2A) of the Accident
Compensation Act 1985 substitute—
'(2A) The procedure specified in section 93CD
applies in respect of a claim for weekly
payments specified in sub-section (1) as if—
(a) sub-sections (1) to (4) of section 93CD
were incorporated in this section with
such modifications as are necessary;
and
(b) in sub-sections (1) and (3) of section
93CD for "second entitlement period
within the meaning of section 93CB(1)"
there were substituted "aggregate
period of 104 weeks in respect of which
a weekly payment has been paid or is
payable to the worker".'.
(4) In section 93CB(1) of the Accident
Compensation Act 1985 for "104" substitute
"130".
(5) In section 93E of the Accident Compensation
Act 1985 for "104" (where twice occurring)
substitute "130".
6
Accident Compensation and Other Legislation (Amendment) Act
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Act No. 41/2006
Part 2—Accident Compensation Act 1985
(6) In section 117(a) of the Accident Compensation
Act 1985 before "the worker" insert "the claim
for the payment of weekly payments was received
by the Authority or a self-insurer before 1 January
2005 and".
(7) After section 117(a) of the Accident
Compensation Act 1985 insert—
"(aa) the claim for the payment of weekly
payments was received by the Authority or
self-insurer on or after 1 January 2005 and
the worker—
(i) is over the age of 55 years; and
(ii) has no current work capacity and is
likely to continue indefinitely to have
no current work capacity; and
(iii) has been receiving weekly payments
for at least 130 weeks; or".
6. Amendment of section 52D—Appointment of
Conciliation Officers
In section 52D(2) of the Accident Compensation
Act 1985 for "Governor in Council" substitute
"Minister".
7. Amendment of section 52E—Engagement of
Conciliation Officers
(1) In section 52E(2) of the Accident Compensation
Act 1985 for "A" substitute "Unless sub-section
(3A) applies, a".
(2) After section 52E(3) of the Accident
Compensation Act 1985 insert—
"(3A) The Minister may approve in writing any
written variation approved by a Conciliation
Officer in the terms and conditions on which
the Conciliation Officer is engaged.".
7
s. 6
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 8
Part 2—Accident Compensation Act 1985
8. Amendment of section 55—Lodging of disputes
In section 55(2) of the Accident Compensation
Act 1985 for "Authority" substitute "Minister".
9. Amendment of section 91—Assessment of
impairment
(1) After section 91(1)(a)(i) of the Accident
Compensation Act 1985 insert—
"(ia) the A.M.A Guides as applicable subject to
guidelines in accordance with sub-section
(6), (6A) or (6B); or".
(2) For section 91(6) of the Accident Compensation
Act 1985 substitute—
'(6) For the purposes of assessing the degree of
psychiatric impairment the A.M.A Guides
apply, subject to any regulations made for
the purposes of this section, as if for
Chapter 14 there were substituted the
guidelines entitled "The Guide to the
Evaluation of Psychiatric Impairment for
Clinicians".
(6A) For the purposes of assessing the degree of
occupational asthma impairment—
(a) the A.M.A Guides apply, subject to any
regulations made for the purposes of
this section, as if for Chapter 5,
Tables 8 and 10, there were substituted
the guidelines entitled "Impairment
Assessment in Workers with
Occupational Asthma"; and
(b) occupational asthma has the meaning
given by the guidelines entitled
"Impairment Assessment in Workers
with Occupational Asthma".
8
Accident Compensation and Other Legislation (Amendment) Act
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Act No. 41/2006
Part 2—Accident Compensation Act 1985
(6B) For the purposes of assessing the degree of
infectious occupational diseases
impairment—
(a) the A.M.A Guides apply, subject to any
regulations made for the purposes of
this section and subject to the
guidelines entitled "Clinical Guidelines
to the Rating of Impairments arising
from Infectious Occupational
Diseases"; and
(b) infectious occupational disease has the
meaning given by the guidelines
entitled "Clinical Guidelines to the
Rating of Impairments arising from
Infectious Occupational Diseases".
(6C) The guidelines referred to in subsections (6), (6A) and (6B)—
(a) must be published by the Authority in
the Government Gazette;
(b) have effect on the day after the day on
which the guidelines are published in
the Government Gazette;
(c) may be amended, varied or substituted
by a subsequent edition of the
guidelines published by the Authority
in the Government Gazette.'.
10. Amendment of section 91C—Recognition of
previous determinations
In section 91C(3) of the Accident Compensation
Act 1985, in the definition of "designated court"
for "the regulations to be a designated court for
the purposes of this section" substitute "the
Minister to be a designated court for the purposes
of this section by a notice published in the
Government Gazette".
9
s. 10
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 11
Part 2—Accident Compensation Act 1985
11. Amendment of section 92A—Revised compensation
for death of worker
(1) In sections 92A(4), 92A(5), 92A(7), 92A(8),
92A(8A), 92A(8B) and 92A(9) of the Accident
Compensation Act 1985 for "$207 390"
substitute "$250 000".
(2) In section 92A(6)(a) of the Accident
Compensation Act 1985 for "$186 660"
substitute "$225 000".
(3) In section 92A(6)(b) of the Accident
Compensation Act 1985 for "$20 740" substitute
"$25 000".
(4) In section 92A(7)(a) of the Accident
Compensation Act 1985 for "$10 370" substitute
"$12 500".
(5) In section 92A(8)(a) of the Accident
Compensation Act 1985 for "$155 550"
substitute "$187 500".
(6) In section 92A(8)(b) of the Accident
Compensation Act 1985 for "$51 840" substitute
"$62 500".
12. Consequential amendment of section 100
(1) In section 100(2B) of the Accident
Compensation Act 1985—
(a) after "specified amounts" insert "for the
purposes of sub-section (2A)";
(b) paragraph (a) is repealed.
10
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
(2) After section 100(2B) of the Accident
Compensation Act 1985 insert—
"(2C) An amount specified in sub-section (2D)
shall be varied, in respect of the financial
year beginning on 1 July 2007 and each
subsequent financial year, in accordance
with the formula—
D
E
F
where—
D is the amount specified in subsection (2D);
E is the all groups consumer price index
for Melbourne as at 15 June in the
preceding financial year last published
by the Australian Statistician in respect
of the December quarter of that
financial year;
F is the all groups consumer price index
for Melbourne as at 15 June in the year
preceding the preceding financial year
published by the Australian Statistician
in respect of the December quarter
preceding that 15 June.
(2D) The specified amounts for the purposes of
sub-section (2C) are any amounts of dollars
referred to in section 92A.".
(3) In section 100(3A) of the Accident
Compensation Act 1985 after "sub-section (2B)"
insert "or (2D)".
11
s. 12
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 13
Part 2—Accident Compensation Act 1985
(4) In section 100(6) of the Accident Compensation
Act 1985—
(a) in paragraph (b) after "(2B)" insert
", (2C), (2D)";
(b) paragraph (ba) is repealed.
13. Partial return to work benefits
(1) In section 93B(1)(c) of the Accident
Compensation Act 1985, for sub-paragraphs (i)
and (ii) substitute—
"(i) the difference between 70 per cent of the
worker's pre-injury average weekly earnings
and 70 per cent of the worker's notional
earnings; or
(ii) the difference between $953 and 70 per cent
of the worker's notional earnings—".
(2) In section 93CB(2)(b) of the Accident
Compensation Act 1985, for sub-paragraphs (i)
and (ii) substitute—
"(i) the difference between 75 per cent of the
worker's pre-injury average weekly earnings
and 75 per cent of the worker's notional
earnings; or
(ii) the difference between $1190 and 75 per
cent of the worker's notional earnings—".
(3) In section 93CD(5) of the Accident
Compensation Act 1985, for paragraphs (a)
and (b) substitute—
"(a) the difference between 75 per cent of the
worker's pre-injury average weekly earnings
and 75 per cent of the worker's current
weekly earnings; or
(b) the difference between $1190 and 75 per
cent of the worker's current weekly
earnings—".
12
Accident Compensation and Other Legislation (Amendment) Act
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Act No. 41/2006
Part 2—Accident Compensation Act 1985
14. New section 93EA inserted
After section 93E of the Accident Compensation
Act 1985 insert—
"93EA. Compensation for incapacity arising after
retirement age
(1) This section applies to a worker, not being a
worker to whom section 93E applies, if the
worker—
(a) before retirement age—
(i) suffered an injury arising out of or
in the course of employment; and
(ii) made a claim for compensation in
respect of that injury under
section 103; and
(b) received a weekly payment of
compensation in respect of that injury
within the period of 10 years before the
worker attained retirement age; and
(c) after retirement age, became
incapacitated for work and the
incapacity is a consequence of
treatment received after retirement age
as an inpatient at a hospital for that
injury; and
(d) is not entitled to weekly payments only
because section 93F applies.
(2) If this section applies to a worker, the worker
may apply in writing to the Authority or
self-insurer for weekly payments in respect
of the incapacity payable at the rate specified
in section 93CB(2)(a) or 93CB(2)(b).
(3) The maximum period of weekly payments
payable under this section is 13 weeks.
13
s. 14
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 14
Part 2—Accident Compensation Act 1985
(4) A worker who makes an application in
accordance with sub-section (2) is entitled to
receive weekly payments under this section
if—
(a) the worker was a worker at the time the
incapacity arose; and
(b) the incapacity is in respect of the work
that the worker was performing
immediately before the incapacity
arose; and
(c) the worker has not ceased to become
entitled to weekly payments due to the
application of section 93A(4), 93B(3),
93B(4), 93C(6), 93C(12), 93CA(4),
93CB(4), 93CC(1), 93CC(5), 119J(1),
119J(3), 134AB(36) or 135A(18); and
(d) the worker has not previously received
payment of compensation in respect of
the injury under this section.
(5) An application under sub-section (2) must—
(a) specify the reason for the application;
and
(b) be provided with supporting evidence.
(6) Within 28 days of receiving the application,
the Authority or self-insurer must—
(a) approve or reject the application; and
(b) give the worker written notice of its
decision, including in the case of
rejection, a statement of the reasons for
the decision.".
14
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
15. Amendments consequential on section 14
(1) In section 5(1) of the Accident Compensation
Act 1985, in the definition of "weekly payment"
for "or 93CD" substitute ", 93CD, 93E or 93EA".
(2) In section 93F of the Accident Compensation
Act 1985 for "section 93E" substitute "sections
93E and 93EA".
(3) After section 114(5) of the Accident
Compensation Act 1985 insert—
"(5A) A termination of weekly payments under
section 93EA has effect—
(a) without the giving of notice; and
(b) as from the expiry of the period not
exceeding 13 weeks for which the
payment is granted under that section.".
(4) In sections 134AB(36)(a) and 135A(18)(a) of the
Accident Compensation Act 1985 for "or 93CD"
substitute ", 93CD, 93E or 93EA".
16. Amendment of section 99
(1) For section 99(1)(aa) of the Accident
Compensation Act 1985 substitute—
"(aa) if the injury is a severe injury for which
immediate in-patient treatment in a hospital
is received or where death results from the
injury, the reasonable costs incurred in
Australia of family counselling services
provided to family members by—
(i) a medical practitioner; or
(ii) a registered psychologist; or
15
s. 15
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 16
Part 2—Accident Compensation Act 1985
(iii) a social worker approved by the
Authority to provide counselling
services for the purposes of this
section—
not exceeding $1960 in respect of that severe
injury or death; and".
(2) In section 99(1A) of the Accident Compensation
Act 1985—
(a) in the definition of "parent" for "worker."
substitute "worker;";
(b) after the definition of "parent" insert—
' "severe injury" means—
(a) paraplegia;
(b) quadriplegia;
(c) amputation of a limb;
(d) amputation of a hand or foot;
(e) severe head injury;
(f) severe eye injury;
(g) separation of a worker's skin from
an underlying tissue (such as degloving or scalping);
(h) severe burns;
(i) severe lacerations;
(j) severe injuries arising out of an
electric shock;
(k) any other work related injury
giving rise to an imminent risk of
death.'.
(3) Section 99(1B) of the Accident Compensation
Act 1985 is repealed.
16
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
17. Amendment of section 99(13)
(1) In section 99(13) of the Accident Compensation
Act 1985 for "section 135A" substitute
"section 134AB or 135A of this Act".
(2) In section 99(13) of the Accident Compensation
Act 1985 after "Transport Accident Act 1986"
insert "or accepts a voluntary settlement of
weekly payments under Division 3A of Part IV of
this Act".
18. Amendment of section 104B—Separation of
impairment benefit
(1) Sections 104B(2)(f)(iv) and 104B(7)(e)(iv) of the
Accident Compensation Act 1985 are repealed.
(2) In section 104B(6B) of the Accident
Compensation Act 1985—
(a) in paragraph (b) for "if any;" substitute
"if any.";
(b) paragraph (c) is repealed.
(3) In section 104B(7B) of the Accident
Compensation Act 1985—
(a) in paragraph (b) for "if any;" substitute
"if any.";
(b) paragraph (c) is repealed.
(4) For section 104B(8) of the Accident
Compensation Act 1985 substitute—
"(8) Subject to section 134AB(36), the Authority
or self-insurer must, within 14 days of being
advised by the worker either under subsection (6B) or (7B) or at a later date that the
worker accepts the determinations of
impairment and total loss and the entitlement
to compensation—
17
s. 17
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 18
Part 2—Accident Compensation Act 1985
(a) if the entitlement is under section 98C,
make payments in accordance with
section 98D; or
(b) if the entitlement is under section 98E,
pay the amount specified for the total
loss under section 98E.".
(5) For sections 104B(10), 104B(10A) and
104B(10B) of the Accident Compensation Act
1985 substitute—
"(10) The Authority or self-insurer must, within
60 days of obtaining the opinion of the
Medical Panel under section 67, advise the
worker of the opinion and the entitlement, if
any, under section 98C or 98E.
(10A) The worker must, within 60 days of being
advised by the Authority or self-insurer of
the entitlement of the worker to
compensation in accordance with sub-section
(10), advise the Authority or self-insurer
whether the worker accepts or disputes the
entitlement to compensation.
(10B) Subject to section 134AB(36), the Authority
or self-insurer must, within 14 days of being
advised by the worker either under subsection (10A) or at a later date that the
worker accepts the entitlement to
compensation—
(a) if the entitlement is under section 98C,
make payments in accordance with
section 98D; or
(b) if the entitlement is under section 98E,
pay the amount specified for the total
loss under section 98E.".
(6) Section 104B(11A) of the Accident
Compensation Act 1985 is repealed.
18
Accident Compensation and Other Legislation (Amendment) Act
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Act No. 41/2006
Part 2—Accident Compensation Act 1985
(7) After section 104B(21) of the Accident
Compensation Act 1985 insert—
'(22) This section as in force before the
commencement of section 5 of the Accident
Compensation Legislation (Amendment)
Act 2004 applies to a worker to whom subsection (19) or (20)(a) applies with the
following modifications—
(a) as if in sub-section (6) as then in force
"and of the consequences as specified
in sub-section (11A) of confirming in
writing that he or she wishes to receive
any compensation to which he or she is
entitled" were omitted;
(b) as if in sub-section (7) as then in force
"and if the worker accepts the
entitlement to compensation, whether
or not he or she wishes to receive the
compensation to which he or she is
entitled" were omitted;
(c) as if in sub-section (8) as then in force,
for "wishes to receive the compensation
to which he or she is entitled" there
were substituted "accepts the
entitlement";
(d) as if in sub-section (10) as then in force
"and of the consequences as specified
in sub-section (11A) of confirming in
writing that he or she wishes to receive
any compensation to which he or she is
entitled" were omitted;
(e) as if in sub-section (10A) as then in
force, for "wishes to receive the
compensation to which he or she is
entitled" there were substituted "accepts
19
s. 18
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 19
Part 2—Accident Compensation Act 1985
or disputes the entitlement to
compensation";
(f) as if in sub-section (10B) as then in
force, for "wishes to receive the
compensation to which he or she is
entitled" there were substituted "accepts
the entitlement to compensation";
(g) as if sub-section (11A) as then in force
were repealed.
(23) Subject to sub-section (22), this section as
amended by section 18 of the Accident
Compensation and Other Legislation
(Amendment) Act 2006 applies to an
impairment claim whether lodged before, on
or after 18 November 2004 unless the worker
has before 1 June 2006—
(a) made an application under section
134AB(4); or
(b) advised the Authority or self-insurer
under sub-section (7B) or (10A) that he
or she wishes to receive the
compensation to which he or she is
entitled.'.
19. Amendment of section 104B—Claims initiated by
Authority or self-insurer
(1) In section 104B(1C) of the Accident
Compensation Act 1985 for "12 months"
substitute "18 months".
(2) After section 104B(1C) of the Accident
Compensation Act 1985 insert—
"(1CA) For the purposes of this section, a request
under sub-section (1C) has the effect of
initiating a claim for compensation under
section 98C or 98E in respect of the worker
by the Authority or self-insurer.".
20
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
(3) In section 104B(1D) of the Accident
Compensation Act 1985—
(a) for "for compensation under section 98C
or 98E" substitute "made by the worker";
and
(b) for "the claim for compensation" substitute
"the claim made by the worker".
(4) In section 104B(2) of the Accident
Compensation Act 1985—
(a) for "receiving the claim" substitute
"receiving a claim made by the worker or in
the case of a claim initiated by the Authority
or self-insurer, within 120 days of the
relevant date";
(b) in paragraph (a) before "accept" insert
"if the claim is a claim made by the
worker,";
(c) in paragraph (f)(i) before "the decision"
insert "if the claim is a claim made by the
worker,".
(5) After section 104B(2) of the Accident
Compensation Act 1985 insert—
'(2AA) For the purposes of this section—
"claim made by the worker" means—
(a) a claim by a worker for
compensation under section 98C
or 98E; or
(b) a claim by a worker for
compensation under section 98C
or 98E in accordance with subsection (5D)(a);
21
s. 19
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 19
Part 2—Accident Compensation Act 1985
"relevant date" means—
(a) if the worker makes a claim for
compensation under section 98C
or 98E in accordance with subsection (5D)(a), the day on which
the claim is received by the
Authority or self-insurer; or
(b) if the worker advises the
Authority or self-insurer that he or
she disputes the written statement
under sub-section (5C), the day on
which the dispute is resolved; or
(c) if the worker does not make a
claim or dispute the statement
within the period specified under
sub-section (5D), the day on
which that period expires; or
(d) if the worker accepts the written
statement of the injury or injuries
under sub-section (5C), the day on
which the Authority or self-insurer
receives the advice of the worker
that he or she accepts the written
statement of the injury or
injuries.'.
(6) In section 104B(3) of the Accident
Compensation Act 1985 for "the claim" (where
twice occurring) substitute "the claim made by
the worker".
(7) After section 104B(5AA) of the Accident
Compensation Act 1985 insert—
"(5AB) Subject to sub-section (5D)(a), if a claim for
compensation under section 98C or 98E has
been initiated in respect of a worker by the
Authority or self-insurer, the worker cannot
make a claim for compensation under
22
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
section 98C or 98E in respect of injuries
arising out of the same event or
circumstance.".
(8) In section 104B(5C) of the Accident
Compensation Act 1985 after "the assessments"
insert "and a statement of rights in a form
approved by the Authority for the purposes of this
section".
(9) In section 104B(5D) of the Accident
Compensation Act 1985—
(a) for "may" substitute "must";
(b) in paragraph (b) for "statement." substitute
"statement; or";
(c) after paragraph (b) insert—
"(c) advise the Authority or self-insurer that
he or she accepts the written statement
of the injury or injuries.".
(10) After section 104B(5D) of the Accident
Compensation Act 1985 insert—
"(5DA) If after receiving a written statement under
sub-section (5C) the worker makes a claim
for compensation under section 98C or 98E
in respect of any additional injuries that the
worker believes have arisen out of the same
event or circumstance—
(a) the claim by the worker and the claim
initiated by the Authority or self-insurer
are to be considered as one
consolidated claim; and
(b) the consolidated claim is to be dealt
with in accordance with sub-section (2).
23
s. 19
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 20
Part 2—Accident Compensation Act 1985
(5DB) If the worker advises the Authority or selfinsurer that he or she disputes the written
statement under sub-section (5C), the worker
must not commence proceedings in relation
to the claim unless the worker first refers the
dispute for conciliation by a Conciliation
Officer in accordance with Division 2 of
Part III and until the Conciliation Officer has
issued a certificate under section 49.".
(11) In section 104B(5E) of the Accident
Compensation Act 1985 after "impairment"
insert "to be dealt with in accordance with subsection (2)".
(12) In section 104B(6) of the Accident
Compensation Act 1985 after "sub-section (2)"
insert "in respect of a claim made by the worker".
(13) In section 104B(6B) of the Accident
Compensation Act 1985 for "If under subsection (6) the worker accepts the decision as to
liability" substitute "Subject to sub-section (6)".
20. Termination or alteration of weekly payments
In section 114(13) of the Accident
Compensation Act 1985—
(a) in paragraph (b) for "28 days." substitute
"28 days; or";
(b) after paragraph (b) insert—
"(c) if the termination of weekly payments
is solely on the ground of the expiry of
the second entitlement period within
the meaning of section 93CB(1)—
13 weeks.".
24
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
21. Amendment of section 114B—Termination of
weekly payments after expiry of entitlement period
(1) For section 114B(1) of the Accident
Compensation Act 1985 substitute—
"(1) Weekly payments must not be terminated
under section 114(9)—
(a) unless the Authority or self-insurer has
made a determination of the worker's
entitlement to weekly payments after
the expiry of the second entitlement
period within the meaning of section
93CB(1); and
(b) until the Authority or self-insurer has
given at least 13 weeks notice under
section 114 of the determination
following the making of the
determination.
(1A) A determination under sub-section (1) may
be made before or after the expiry of the
second entitlement period within the
meaning of section 93CB(1) so as to
terminate payments at or after the expiry of
that entitlement period.".
(2) In section 114B(4) of the Accident
Compensation Act 1985 for "56 days" substitute
"119 days".
22. Amendment of section 114E
(1) In section 114E(1) of the Accident
Compensation Act 1985 for "that amount"
substitute "each outstanding weekly payment".
(2) In sections 114E(1)(b), 114E(1)(c) and 114E(1)(d)
of the Accident Compensation Act 1985 before
"if" insert "subject to sub-section (1A),".
25
s. 21
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 23
Part 2—Accident Compensation Act 1985
(3) After section 114E(1) of the Accident
Compensation Act 1985 insert—
"(1A) If a worker has not made an application to
the Magistrates' Court or the County Court
within one year of being notified by a
Conciliation Officer under section 59(4) that
the Conciliation Officer is satisfied that there
is a genuine dispute with respect to the
liability to make or continue to make weekly
payments and that an application may be
made to the Magistrates' Court or the County
Court to determine the matter, interest is not
payable under sub-section (1) in respect of
the period beginning after the expiry of one
year after that date and ending on the day on
which the application is made.".
23. Amendment of section 129ME—Meaning of
substantive law
In section 129ME of the Accident Compensation
Act 1985, in the definition of "a State's legislation
about damages for a work related injury" for "the
regulations to be the State's legislation about
damages for a work related injury" substitute "the
Minister to be the State's legislation about
damages for a work related injury for the purposes
of this section by a notice published in the
Government Gazette".
24. Amendment of section 134AB(4)
In section 134AB(4) of the Accident
Compensation Act 1985—
(a) in paragraph (a)(i) for "104B(6)" substitute
"104B(6B)";
(b) in paragraph (b)(ii) for "section 104B(21)"
substitute "sections 104B(21), 104B(22) and
104B(23)".
26
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
25. Repeals
(1) The Accident Compensation (Further
Amendment) Act 1996 is repealed.
(2) Sections 38 and 72 of the Accident
Compensation (Miscellaneous Amendment)
Act 1997 are repealed.
26. New Division 7 inserted into Part IX
After Division 6 of Part IX of the Accident
Compensation Act 1985 insert—
"Division 7—Accident Compensation and
Other Legislation (Amendment) Act 2006
287. Section 5A
Section 5A as amended by section 3 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006 applies
in respect of the calculation of weekly
payments of pension in respect of the death
of a worker on or after 1 July 2006 resulting
from, or materially contributed to, by the
relevant injury irrespective of whether the
relevant injury occurred before, on or after
1 July 2006.
288. Section 16
(1) Subject to sub-section (3), section 16 as
amended by section 4 of the Accident
Compensation and Other Legislation
(Amendment) Act 2006 applies in respect
of any claim or proceedings made or lodged
on or after 1 June 2006 irrespective of
whether the injury occurred before, on or
after 1 June 2006.
27
s. 25
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 26
Part 2—Accident Compensation Act 1985
(2) Subject to sub-section (3), a worker who is
or the dependants of a worker who are or
may be entitled to compensation in respect of
an injury arising out of or in the course of, or
due to the nature of, employment only
because of the application of section 16 as in
force before the commencement of section 4
of the Accident Compensation and Other
Legislation (Amendment) Act 2006 shall
not, in proceedings in respect of the injury be
entitled to compensation except in
accordance with section 16 as amended by
section 4 of the Accident Compensation
and Other Legislation (Amendment) Act
2006.
(3) The amendment of section 16 by section 4 of
the Accident Compensation and Other
Legislation (Amendment) Act 2006 does
not affect the rights of the parties in the
proceedings known as Adrian Whitehead v
Carlton Football Club Limited & Ors
(No. 4905 of 2001) in the Supreme Court of
Victoria (Court of Appeal).
289. Sections 43, 50, 93C, 93CB and 93E
Despite section 4A, sections 43, 50, 93C,
93CB and 93E as amended by section 5 of
the Accident Compensation and Other
Legislation (Amendment) Act 2006 apply
only in respect of any claim for weekly
payments received by the Authority or a selfinsurer on or after 1 January 2005, subject to
the worker being otherwise entitled to
receive weekly payments in accordance with
this Act or would be entitled but for the
operation of section 96.
28
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
290. Section 91
(1) Subject to sub-section (2)—
(a) section 91 as in force before the
commencement of section 9 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006
continues to apply if before that
commencement the worker has
attended at least one impairment
examination for the purposes of
assessing the degree of psychiatric
impairment, the degree of occupational
asthma impairment or the degree of
infectious occupational disease
impairment;
(b) if paragraph (a) does not apply,
section 91 as amended by section 9 of
the Accident Compensation and
Other Legislation (Amendment) Act
2006 applies for the purposes of
assessing the degree of psychiatric
impairment, the degree of occupational
asthma impairment or the degree of
infectious occupational disease
impairment in an impairment
examination made on or after the
commencement of section 9 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006.
(2) Despite sub-section (1)(b), if the first
guidelines under section 91 as amended by
section 9 of the Accident Compensation
and Other Legislation (Amendment) Act
2006 are not in force on the commencement
of section 9 of that Act, section 91 as in force
before that commencement continues to
apply for the purposes of assessing the
29
s. 26
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 26
Part 2—Accident Compensation Act 1985
degree of psychiatric impairment, the degree
of occupational asthma impairment or the
degree of infectious occupational disease
impairment in an impairment examination
made on or after that commencement until
the first guidelines are in force.
291. Section 92A
Section 92A as amended by section 11 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006 applies
in respect of compensation the entitlement to
which arises as a result of the death of a
worker on or after 1 July 2006.
292. Sections 93B, 93CB and 93CD
Despite section 4A, sections 93B, 93CB and
93CD as amended by section 13 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006 apply
in respect of entitlement periods on or after
1 July 2006.
293. Section 93EA
Section 93EA as inserted by section 14 of
the Accident Compensation and Other
Legislation (Amendment) Act 2006 applies
in respect of an incapacity for work which
arises on or after 1 July 2006.
294. Section 99
Section 99 as amended by section 16 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006 applies
in respect of a severe injury within the
meaning of section 99(1A) which occurs on
or after 1 July 2006.
30
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 2—Accident Compensation Act 1985
295. Sections 114 and 114B
Sections 114 and 114B as amended by
sections 20 and 21 of the Accident
Compensation and Other Legislation
(Amendment) Act 2006 apply in respect of
any claim for weekly payments received by
the Authority or a self-insurer on or after
1 January 2005, subject to the worker being
otherwise entitled to receive weekly
payments in accordance with this Act.".
__________________
31
s. 26
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 27
Part 3—Accident Compensation (WorkCover Insurance) Act 1993
PART 3—ACCIDENT COMPENSATION (WORKCOVER
INSURANCE) ACT 1993
27. New section 31B inserted
After section 31A of the Accident Compensation
(WorkCover Insurance) Act 1993 insert—
'31B. Default penalty where failure to provide
full and true disclosure
(1) If—
(a) the Authority issues a notice of
adjustment under section 26(4), 28(2)
or 28B(2); and
(b) the notice of adjustment states an
amount of premium that is different
from any premium that was previously
calculated for the employer for the
policy period to which the notice of
adjustment relates; and
(c) the Authority is satisfied that the
premium was miscalculated because the
employer or a person acting on behalf
of the employer failed to provide full
and true disclosure to the Authority in
respect of matters relevant to the
calculation of the premium—
the employer is upon being served with a
notice of adjustment under this section, liable
to pay a default penalty of an amount equal
to the difference between the premium stated
in the notice of adjustment and the premium
that was previously calculated for the
employer.
32
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 3—Accident Compensation (WorkCover Insurance) Act 1993
(2) The amount of the default penalty imposed
under sub-section (1) is to be increased by
20% if, after the Authority commenced the
review under section 22, 27 or 28A, the
employer or a person acting on behalf of the
employer took steps to prevent or hinder the
Authority from properly calculating the
premium payable by the employer.
(3) A default penalty under this section is due
and payable within 28 days of the date of the
notice.
(4) The Authority may remit the whole or any
part of a default penalty imposed under this
section.
(5) In this section, "premium" includes
amounts—
(a) paid or payable as premium;
(b) purportedly paid or payable as
premium.'.
__________________
33
s. 27
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 28
Part 4—Emergency Services Superannuation Act 1986
PART 4—EMERGENCY SERVICES SUPERANNUATION
ACT 1986
28. Amendment of section 9
After section 9(4) of the Emergency Services
Superannuation Act 1986 insert—
"(5) For the purposes of this section, a deputy
appointed under this section before
1 December 2005 for a person who is a
member of the Board by virtue of section 7
as amended by the Superannuation
Legislation (Governance Reform) Act
2005 continues, subject to this Act, to be the
deputy of that member until 31 December
2006.".
__________________
34
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 5—Transport Accident Act 1986
PART 5—TRANSPORT ACCIDENT ACT 1986
29. Amendment of section 15
After section 15(2) of the Transport Accident
Act 1986 insert—
"(2A) The Governor in Council may appoint one of
the Directors to be the Chairperson of the
Board.".
30. Amendment of section 46A
(1) For section 46A(6) of the Transport Accident
Act 1986 substitute—
'(6) For the purposes of assessing the degree of
psychiatric impairment the A.M.A Guides
apply, subject to any regulations made for
the purposes of this section, as if for
Chapter 14 there were substituted the
guidelines entitled "The Guide to the
Evaluation of Psychiatric Impairment for
Clinicians".
(6A) The guidelines referred to in subsection (6)—
(a) must be published by the Commission
in the Government Gazette;
(b) have effect on the day after the day on
which the guidelines are published in
the Government Gazette;
(c) may be amended, varied or substituted
by a subsequent edition of the
guidelines published by the
Commission in the Government
Gazette.'.
35
s. 29
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 30
Part 5—Transport Accident Act 1986
(2) After section 46A(8) of the Transport Accident
Act 1986 insert—
"(9) Subject to sub-section (10), this section as
amended by section 30 of the Accident
Compensation and Other Legislation
(Amendment) Act 2006 applies in respect
of transport accidents on or after the
commencement of section 30 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006.
(10) Despite sub-section (9), if the first guidelines
under this section as amended by section 30
of the Accident Compensation and Other
Legislation (Amendment) Act 2006 are not
in force on the commencement of section 30
of that Act, this section as in force before
that commencement continues to apply in
respect of transport accidents on or after that
commencement until the first guidelines are
in force.".
__________________
36
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 6—Workers Compensation Act 1958
PART 6—WORKERS COMPENSATION ACT 1958
31. Amendment of section 3—Definitions
In section 3(1) of the Workers Compensation
Act 1958—
(a) after the definition of "the appointed day"
insert—
' "the Previous Funds" means the Insurers
Guarantee and Compensation
Supplementation Fund and the Workers
Supplementation Fund established
under this Act as in force prior to the
appointed day;';
(b) after the definition of "outworker" insert—
' "place of practice" means the consulting
rooms of the registered medical
practitioner;'.
32. Amendment of section 9
(1) In section 9 of the Workers Compensation Act
1958, for clause 5A(1)(b) of The Clauses Referred
To, substitute—
"(b) a claim in writing for compensation in
respect of that incapacity together with the
following particulars of the claim—
(i) the name, residential address and date
of birth of the worker;
(ii) the nature and alleged cause of the
injury in respect of which the claim is
made and the place where and the date
on which that injury happened;
(iii) the date of the commencement of the
incapacity for work which resulted
from or was materially contributed to
37
s. 31
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 33
Part 6—Workers Compensation Act 1958
by that injury where this date is
different from the date of the injury;
(iv) the name and residential address of all
persons who in relation to the worker
are a wife, husband, relative or child
who is wholly or mainly dependent on
the earnings of the worker within the
meaning of clause 1(b)(i) and the nature
of the relationship to the worker of each
person so named and the date of birth
of each child so named.".
(2) In clauses 5A(6)(b)(ii) and 6A(7)(b)(ii) of The
Clauses Referred To in section 9 of the Workers
Compensation Act 1958, for "prescribed rate"
substitute "rate fixed for the time being under
section 2 of the Penalty Interest Rates Act
1983".
(3) In section 9 of the Workers Compensation Act
1958, clause 8 of The Clauses Referred To, is
repealed.
33. New section 12A inserted
After section 12 of the Workers Compensation
Act 1958 insert—
"12A. Certificate by a registered medical
practitioner
After examination of the worker, the
registered medical practitioner must give the
worker—
(a) a certificate of disablement in the form
approved by the Authority; or
(b) a certificate in the form approved by
the Authority that the registered
medical practitioner is not satisfied that
the worker is entitled to a certificate of
disablement.".
38
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 6—Workers Compensation Act 1958
34. Amendment of section 19
In section 19 of the Workers Compensation Act
1958 for "regulations made by the Governor in
Council be referred—
(a) to a medical referee, if both the employer
and the worker agree to the matter being
referred to a medical referee;
(b) in any other case, to the County Court—
and the decision of the medical referee or (as the
case may be)" substitute "section 19A be referred
to the County Court and the decision".
35. New sections 19A and 19B inserted
After section 19 of the Workers Compensation
Act 1958 insert—
"19A. Reference under section 19
(1) If the action of a registered medical
practitioner is, or the contents of a certificate
are to be, referred to the County Court under
section 19—
(a) if the aggrieved person is the person
named as the employer in the certificate
of disablement that person must within
21 days of the receipt by that person of
notice of disablement or if that person
requires in writing the production of the
certificate for inspection, within
21 days of it being produced, apply in
the form approved by the Authority to
the Registrar of the County Court for
reference of the matter to the County
Court;
39
s. 34
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 35
Part 6—Workers Compensation Act 1958
(b) if the aggrieved person is the person
named as the worker in the relevant
certificate, that person must, within
21 days of the date of the certificate by
which or by the contents of which that
person is aggrieved, apply in the form
approved by the Authority to the
Registrar of the County Court for
reference of the matter to the County
Court.
(2) The Registrar of the County Court may for
good cause extend the time for making an
application under sub-section (1) for not
more than 7 days.
(3) An application under sub-section (1) must be
accompanied by—
(a) if the worker is the applicant, the
certificate of the medical practitioner;
or
(b) if the employer is the applicant, the
notice of disablement and a copy of the
certificate of the medical practitioner.
(4) The applicant must also file with the
Registrar of the County Court any copies of
the application and other documents, as the
Registrar of the County Court requires, for
the use of the other party and the County
Court.
(5) The Registrar of the County Court must refer
the matter to the County Court.
40
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
Part 6—Workers Compensation Act 1958
19B. Procedure relating to references under
section 19
(1) If the Registrar of the County Court is
satisfied that the worker is able to travel, the
Registrar of the County Court must make
and forward to the worker an order that the
worker attend upon the inquiry to be held by
the County Court.
(2) The Registrar of the County Court must refer
the matter to the County Court by—
(a) making an order of reference in the
form approved by the Authority; and
(b) bringing the matter before the County
Court in the manner, in so far as the
nature of the proceedings may allow, in
which contested proceedings are
generally brought before the County
Court.
(3) The Registrar of the County Court must
forward to both parties a copy of the order of
reference and to the respondent a copy of the
document filed with the Registrar of the
County Court.
(4) The procedure to be followed by the County
Court, in so far as the nature of the
proceedings may allow, must be the same as
that followed upon the hearing and
determination by it of contested matters.
(5) If the worker is unable to travel to attend
upon the hearing of the County Court, the
worker must submit to an examination or
examinations at the times and places as may
be ordered by the County Court.".
41
s. 35
Accident Compensation and Other Legislation (Amendment) Act
2006
Act No. 41/2006
s. 36
Part 6—Workers Compensation Act 1958
36. Amendment of section 20
In the proviso to section 20 of the Workers
Compensation Act 1958—
(a) for "where the medical referee or" substitute
"if";
(b) for "medical referee or the County Court
(as the case may be)" substitute "County
Court".
37. Amendment of section 21—Proclamation of diseases
At the end of section 21 of the Workers
Compensation Act 1958 insert—
"(2) The list of diseases proclaimed under this
section as in force prior to the appointed day
is contained in the Third Schedule.".
38. Repeal of section 24
Section 24 of the Workers Compensation Act
1958 is repealed.
39. Amendment of section 27—Medical examinations
For section 27(3) of the Workers Compensation
Act 1958 substitute—
"(3) A worker can not be required to submit to an
examination by a registered medical
practitioner under sub-section (1) or (2)
otherwise than in accordance with subsections (3A), (3B) and (3C).
(3A) If a worker has given notice of an injury or is
in receipt of weekly payments the worker
can not be required to submit to an
examination by a registered medical
practitioner provided by the employer except
at reasonable hours.
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(3B) A worker in receipt of weekly payments can
not, after an initial examination, be required
to submit to an examination by a registered
medical practitioner provided by the
employer more frequently than once every
3 months.
(3C) Despite sub-section (3A), a worker may be
required to submit to one additional
examination by a registered medical
practitioner provided by the employer if an
application is made to the County Court for a
review of a weekly payment or for
redemption of a weekly payment.".
40. Amendment of section 29
In section 29(3) of the Workers Compensation
Act 1958, for "prescribed rate" substitute "rate
fixed for the time being under section 2 of the
Penalty Interest Rates Act 1983".
41. New section 31A inserted
After section 31 of the Workers Compensation
Act 1958 insert—
"31A. Transitional provision
If a period during which interest is required
to be calculated under this Part commenced
before 12 August 1995, the rate of interest to
be applied to any part of the period—
(a) that occurred before the
commencement of the Workers
Compensation (Interest Rates)
Regulations 1992, is the rate of interest
prescribed by the Workers
Compensation Regulations 1985 as in
force before that commencement;
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(b) after the commencement of the
Workers Compensation (Interest Rates)
Regulations 1992, but before 12 August
1995 is the rate of interest prescribed
by the Workers Compensation
Regulations 1985 as amended by the
Workers Compensation (Interest Rates)
Regulations 1992;
(c) from 12 August 1995 but before 1 July
2006, is the rate of interest prescribed
by the Workers Compensation
Regulations 1995;
(d) from 1 July 2006, is the rate determined
in accordance with this Act.".
42. Amendment of section 45
(1) In section 45(3) of the Workers Compensation
Act 1958—
(a) for "in the prescribed form" substitute
"of injuries";
(b) for "prescribed particulars" substitute
"specified particulars".
(2) After section 45(3) of the Workers
Compensation Act 1958 insert—
"(3A) It is sufficient compliance with subsection (3) if a register of injuries is kept in
accordance with section 101 of the Accident
Compensation Act 1985.".
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43. New section 72C inserted
After section 72B of the Workers Compensation
Act 1958 insert—
"72C. Proof of identity
An insurer may require evidence as to the
identity of the person killed or injured in
respect of whom a claim for compensation is
made.".
44. Amendment of section 85
In section 85(5)(a) of the Workers
Compensation Act 1958, for "prescribed rate"
substitute "rate fixed for the time being under
section 2 of the Penalty Interest Rates Act
1983".
45. New sections 98A and 98B inserted
After section 98 of the Workers Compensation
Act 1958 insert—
"98A. Additional amounts paid under section 2A
(1) An insurer who is required to pay an
additional amount on behalf of an employer
as compensation by virtue of section 2A(3)
in respect of an injury arising out of or in the
course of employment of a worker before
1 July 1975 must—
(a) give the information specified in subsection (2) to the Authority; and
(b) certify that it is true and correct.
(2) The information is—
(a) the claim number of the insurer;
(b) the name of the employer;
(c) the date of injury of the worker;
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(d) the rate of compensation payable as at
30 June 1975;
(e) the rate of compensation payable from
1 July 1975.
98B. Recompense from the Fund for additional
amounts paid under section 2A
An application to the Authority for
recompense from the Fund for an additional
amount paid on behalf of an employer as
compensation by virtue of section 2C(1) in
respect of an injury arising out of or in the
course of employment of a worker before
1 July 1975 must be lodged with or
forwarded to the Authority in the form
approved by the Authority.".
46. New sections 112A and 112B inserted
After section 112 of the Workers Compensation
Act 1958 insert—
"112A. Additional amounts paid under section 2G
(1) An insurer who may be required to pay an
additional amount on behalf of an employer
as compensation by virtue of section 2D(1)
or 2D(2) in respect of an injury arising out of
or in the course of employment of a worker
must—
(a) give the information specified in subsection (2) to the Authority; and
(b) certify that it is true and correct.
(2) The information is—
(a) the claim number of the insurer;
(b) the name of the employer;
(c) the date of injury of the worker;
(d) the appropriate compensation rate.
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112B. Recompense from the Fund for additional
amounts paid under section 2G
An application to the Authority for
recompense from the Fund for an additional
amount paid on behalf of an employer as
compensation by virtue of section 2G(1) in
respect of any injury arising out of or in the
course of employment of a worker must be
lodged with or forwarded to the Authority in
the form approved by the Authority.".
47. New Third Schedule inserted
After the Second Schedule to the Workers
Compensation Act 1958 insert—
"THIRD SCHEDULE
LIST OF DISEASES PROCLAIMED
Description of
Disease
Description of Process or
Occupation
Anthrax
Wool combing, wool sorting,
handling of or coming into
contact with hides, skins, wool,
hair, bristles or carcasses, work in
connection with animals infected
with anthrax, loading and
unloading or transport of
merchandise.
Arsenic poisoning or
its sequelae
Any manufacturing or other
process involving the use of or
contact with arsenic or its
preparations or compounds.
Asbestosis (with or
without
mesothelioma)
Any mining, manufacturing or
other process which involves the
use of or contact with asbestos.
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Description of
Disease
Description of Process or
Occupation
Avascular Necrosis
or its sequelae
Any occupation involving
working underground or
underwater where the worker is
subjected to greater than normal
atmospheric pressure and
subsequent decompression.
Brucellosis
(Undulant Fever)
Work in connection with animals
or carcasses infected with the
brucella organism.
Carbon bisulphide
poisoning
Any manufacturing or other
process involving working in
contact with or the inhalation of
carbon bisulphide gas.
Carbon monoxide
poisoning
Any manufacturing or other
process involving working in
contact with or the inhalation of
carbon monoxide gas.
Chrome ulceration
or its sequelae
Any manufacturing or other
process involving the use of or
contact with chromic acid or
bichromate of ammonium,
potassium or sodium or their
preparations.
Copper poisoning or
its sequelae
Any manufacturing or other
process involving the use of or
contact with copper or its
preparations or compounds.
Dermatitis venenata
Any occupation, involving the
use of or contact with vegetable
or mineral matter.
Lead poisoning or its
sequelae
Any manufacturing or other
process involving the use of or
contact with lead or its
preparations or compounds.
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Description of
Disease
Description of Process or
Occupation
Leptospirosis, as
caused by any of the
serotypes of the
micro-organism
Leptospira, in any of
its clinical
manifestations.
Any work done at abattoirs,
slaughterhouses and knackeries
involving contact directly or
indirectly with animals or tissues
of animals.
Mercury poisoning
or its sequelae
Any manufacturing or other
process involving the use of or
contact with mercury or its
preparations or compounds.
Pathological
manifestations due
to radium and other
radioactive
substances or X-rays
Any process involving exposure
to the action of radium,
radioactive substances or X-rays.
Phosphorus
poisoning or its
sequelae
Any manufacturing or other
process involving the use of or
contact with phosphorus or its
perpetrations or compounds.
Poisoning by benzol,
its homologues or its
nitro and amido
derivates and the
sequelae of these
poisonings
Any process or occupation
involving the production,
liberation of or exposure to
benzol, its homologues or its
nitro and amido derivates.
Poisoning by the
halogen derivatives
of hydrocarbons of
the aliphatic series
Any process or occupation
involving the production,
liberation or utilization of
halogen derivatives of
hydrocarbons of the aliphatic
series.
Primary
epitheliomatous
cancer of the skin
Any process or occupation
involving handling of or use of
tar, pitch, bitumen, mineral oil,
paraffin, or the compounds,
products or residues of those
substances.
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Description of
Disease
Description of Process or
Occupation
Q fever as caused by
the micro-organism
Coxiella burneti
(also known as
Rickettsia burneti),
in any of its clinical
manifestations
Any work done at abattoirs,
slaughterhouses and knackeries
involving contact directly or
indirectly with animals or tissues
of animals.
Septic poisoning or
its sequelae
Any work involving the handling
of meat or the manufacture of
meat products or animal byproducts in connexion with the
trade of a butcher or
slaughterman.
Silicosis with or
without pulmonary
tuberculosis
Any manufacturing or other
process involving exposure to the
inhalation of silica dust.
Subcutaneous
cellulitis or acute
bursitis over the
elbow (beat elbow)
Mining.
Subcutaneous
cellulitis or acute
bursitis arising at or
about the knee (beat
knee)
Mining.
Tenosynovitis
(inflammation of the
tendon sheaths of the
hand, wrist, forearm
or elbow)
Any process or occupation
connected with the preparation,
preserving, canning or bottling of
jams, sauces, fruits, pickles or
other similar foods for human
consumption.
Zinc poisoning or its
sequelae
Any manufacturing or other
process involving the use of or
contact with zinc or its
preparations or compounds.
".
__________________
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48. Section 28LI substituted
For section 28LI of the Wrongs Act 1958
substitute—
'28LI. Assessment of certain impairments
(1) For the purposes of assessing the degree of
psychiatric impairment the A.M.A Guides
apply, subject to any regulations made for
the purposes of this section, as if for
Chapter 14 there were substituted the
guidelines entitled "The Guide to the
Evaluation of Psychiatric Impairment for
Clinicians".
(2) For the purposes of assessing the degree of
asthma impairment—
(a) the A.M.A Guides apply, subject to any
regulations made for the purposes of
this section, as if for Chapter 5,
Tables 8 and 10, there were substituted
the guidelines entitled "Impairment
Assessment in Workers with
Occupational Asthma"; and
(b) a reference in the guidelines entitled
"Impairment Assessment in Workers
with Occupational Asthma" to
"occupational asthma" is to be
construed as a reference to "asthma".
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(3) For the purposes of assessing the degree of
infectious disease impairment—
(a) the A.M.A Guides apply, subject to any
regulations made for the purposes of
this section and subject to the
guidelines entitled "Clinical Guidelines
to the Rating of Impairments arising
from Infectious Occupational
Diseases"; and
(b) a reference in the guidelines entitled
"Clinical Guidelines to the Rating of
Impairments arising from Infectious
Occupational Diseases" to "infectious
occupational diseases" is to be
construed as a reference to "infectious
diseases".
(4) Unless sub-section (5) applies, the guidelines
referred to in sub-sections (1), (2) and (3) are
the guidelines referred to in sections 91(6),
91(6A) and 91(6B) of the Accident
Compensation Act 1985 as in effect in
accordance with section 91(6C) of that Act
or as amended, varied or substituted in
accordance with section 91(6C) of that Act.
(5) The guidelines referred to in subsections (1), (2) and (3) may be amended,
varied or substituted by a subsequent edition
of the guidelines published by the Minister
in the Government Gazette.
(6) If a subsequent edition of the guidelines is
published by the Minister in the Government
Gazette under sub-section (5), the guidelines
have effect from the day after the day on
which the Government Gazette is published.
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(7) Subject to sub-section (8)—
(a) this section as in force before the
commencement of section 48 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006
continues to apply if before that
commencement a person has had at
least one impairment examination for
the purposes of assessing the degree of
psychiatric impairment, the degree of
asthma impairment or the degree of
infectious disease impairment;
(b) if paragraph (a) does not apply, this
section as amended by section 48 of the
Accident Compensation and Other
Legislation (Amendment) Act 2006
applies for the purposes of assessing the
degree of psychiatric impairment, the
degree of asthma impairment or the
degree of infectious disease impairment
in an impairment examination made on
or after the commencement of
section 48 of the Accident
Compensation and Other Legislation
(Amendment) Act 2006.
(8) Despite sub-section (7)(b), if the first
guidelines under section 91 of the Accident
Compensation Act 1985 as amended by
section 9 of the Accident Compensation
and Other Legislation (Amendment) Act
2006 are not in force on the commencement
of section 48 of the Accident Compensation
and Other Legislation (Amendment) Act
2006, this section as in force before that
commencement continues to apply for the
purposes of assessing the degree of
psychiatric impairment in an impairment
examination made on or after that
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commencement until the first guidelines are
in force.'.
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Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 1 June 2006
Legislative Council: 18 July 2006
The long title for the Bill for this Act was "to amend the Accident
Compensation Act 1985, the Accident Compensation (WorkCover
Insurance) Act 1993, the Emergency Services Superannuation Act
1986, the Transport Accident Act 1986, the Workers Compensation
Act 1958 and the Wrongs Act 1958 and for other purposes."
55