Victorian Current Acts Victorian Current ActsIn this Division—
"contributing employer" means—
(a) the employer of a worker at the time a contribution injury within the meaning of paragraph (a) of the definition of contribution injury was caused to the worker, being an employer who, at that time, did not have or hold accident insurance as defined by section 3(1) of the Workers Compensation Act 1958 and was not a contributing self-insurer; or
(b) the employer of a worker at any time during the period of employment due to which or out of or in the course of which a contribution injury within the meaning of paragraph (b) or (c) of the definition of contribution injury was suffered by, or caused to, the worker, being an employer who, during that period, did not have or hold accident insurance as defined by section 3(1) of the Workers Compensation Act 1958 and was not a contributing self-insurer;
S. 129A def. of contribution injury
amended by Nos 67/1992
s.
64(7)(a), 50/1994
s. 62(1), 81/1998 s. 25(4).
"contribution injury" means any injury, disease or industrial deafness as each is defined in section 5(1)—
(a) caused to a worker before the appointed day and which has arisen out of or in the course of any employment of the worker; or
(b) suffered by a worker before the appointed day and which is due to the nature of any employment in which a worker was employed before the appointed day; or
(c) which has been caused to or suffered by a worker after the appointed day and which, in whole or in part, has arisen out of or in the course of any employment of a worker or is due to the nature of any employment in which a worker was employed at any time before the appointed day—
and includes any injury within the meaning of the Workers Compensation Act 1958 —
(d) caused to a worker before the appointed day and which has arisen out of or in the course of any employment of the worker; or
(e) suffered by a worker before the appointed day and which is due to the nature of any employment in which a worker was employed before the appointed day; or
(f) which has been caused to or suffered by a worker after the appointed day and which, in whole or in part, has arisen out of or in the course of any employment of a worker or is due to the nature of any employment in which a worker was employed at any time before the appointed day—
and which has directly or indirectly caused or contributed to any injury, disease or industrial deafness or any incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer has made or is liable to make payments under this Act or in respect of any period after 4 p.m. on 30 June 1993, in respect of which or in relation to which the Authority has made or is liable to make payments under a re-insurance arrangement under section 34 of the Accident Compensation (WorkCover Insurance) Act 1993 or under a WorkCover insurance policy under that Act or under Part 5 of that Act;
"contributing insurer" means an insurer as defined in section 3(1) of the Workers Compensation Act 1958 of the employer of a worker—
(a) at the time a contribution injury within the meaning of paragraph (a) of the definition of contribution injury was caused to the worker; or
(b) during the whole or any part of the period of employment due to which or out of or in the course of which a contribution injury within the meaning of paragraph (b) or (c) of the definition of contribution injury was suffered by, or caused to, the worker;
contributing self-insurer means the Victorian Railways Board and any body or person which held a certificate under the Workers Compensation Act 1928 and their respective successors and assigns which employed a worker—
(a) at any time a contribution injury within the meaning of paragraph (a) of the definition of contribution injury was caused to the worker; or
(b) during the whole or any part of the period of employment due to which or out of or in the course of which a contribution injury within the meaning of paragraph (b) or (c) of the definition of contribution injury was suffered by, or caused to, the worker;
"contributor" means a person who is a contributing employer, contributing insurer or contributing self-insurer;
"employer" means—
(a) an employer as defined in section 5(1); and
(b) an employer as defined in section 3(1) of the Workers Compensation Act 1958 ; and
(c) any person deemed to be an employer under the Workers Compensation Act 1958 ;
S. 129A def. of Tribunal inserted by
No. 67/1992
s. 44, repealed by No. 52/1998 s. 311(Sch. 1 item 1.3).
* * * * *
"worker" means—
(a) a worker as defined in section 5(1); and
(b) a worker as defined in section 3(1) of the Workers Compensation Act 1958 ; and
(c) any person deemed to be working under a contract of service or deemed to be a worker under the Workers Compensation Act 1958 ;
Workers Compensation Act 1958 includes any corresponding previous enactment.
S. 129B inserted by No. 13/1988
s. 6.