Victorian Current Acts Victorian Current Acts(1) This Division applies to and in relation to—
S. 129B(1)(a) amended by No. 67/1992
s. 64(7)(a).
(a) all payments under this Act made or to be made by the Authority or a self-insurer on and after the appointed day; and
S. 129B(1)(b) amended by Nos 67/1992
s. 64(7)(a), 50/1994
s. 62(2).
(b) all payments which the Authority or a self-insurer is or may become liable to make under this Act on and after the appointed day; and
S. 129B(1)(c) inserted by No. 50/1994
s. 62(2), amended by No. 81/1998 s. 25(4).
(c) all payments which the Authority has made or is or may be liable to make 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 on and after 4 p.m. on 30 June 1993.
S. 129B(2) amended by No. 50/1994
s. 62(3).
(2) Nothing in this Division imposes any liability on a contributor in respect of payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 unless a claim for compensation to which those payments relate or will relate has been made under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 and, if such a claim has been made, this Division applies whether the claim was made before or after the commencement of the Accident Compensation (Further Amendment) Act 1988 .
S. 129B(3) amended by Nos 67/1992
s. 64(7)(a), 50/1994
s. 62(3).
(3) If the Authority or a self-insurer receives a payment in relation to an injury which was the subject of a claim for compensation by a worker under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 from a person other than a contributor before or after the Authority or self-insurer has received contribution payments under an assessment made under this Division and that payment was not taken into account in making, amending or varying an assessment, the Authority or self-insurer must make a refund to each contributor of an amount calculated in accordance with the formula—
where—
C has the same value as "C" in paragraph (b) of section 129B(6);
E is the amount of the contributions paid by the contributor;
F is the payment received by the Authority or self-insurer from a person other than the contributor.
S. 129B(4) amended by Nos 67/1992
s. 64(7)(a), 50/1994
s. 62(3).
(4) The object of this Division is to make provision for the Authority and self-insurers to obtain from contributors a just and equitable and timely contribution to payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 that the Authority or a self‑insurer has made or may become liable to make to or in respect of a worker who has suffered a contribution injury.
S. 129B(5) amended by No.
67/1992
s. 64(7)(a).
(5) It is the intention of Parliament that the Authority and the Tribunal in giving effect to this Division regard as paramount the object of this Division.
S. 129B(6) amended by No. 67/1992
s. 64(7)(a).
(6) The Authority, in making or amending an assessment or in considering an objection under this Division and the Tribunal, in reviewing an assessment under this Division, must apply the following principles—
S. 129B(6)(a) amended by Nos 67/1992
s. 64(7)(a), 50/1994
s. 62(3).
(a) the liability of a contributor under an assessment must not exceed the amount determined by the Authority or Tribunal to be—
(i) in respect of a contributor which is a contributing employer or a contributing self-insurer, the amount that the contributor would have been liable to pay as compensation whether by way of weekly payments, redemption, compromise or otherwise in accordance with the Workers Compensation Act 1958 ; or
(ii) in respect of a contributor which is a contributing insurer, the amount that would have been payable by the contributor whether by way of weekly payments, redemption, compromise, settlement or otherwise under the policy of insurance or indemnity obtained under section 72 of the Workers Compensation Act 1958 —
as if the contribution injury were the sole cause of the injury, disease or industrial deafness or the 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 the Accident Compensation (WorkCover Insurance) Act 1993 ;
S. 129B(6)(b) amended by Nos 18/1991
s. 12(1)(h), 67/1992
s. 64(7)(a), 50/1994
s. 62(3).
(b) the liability of a contributor under an assessment shall be the amount determined by the Authority or the Tribunal in accordance with the formula—
where—
A is the extent, expressed as a percentage, determined by the Authority or the Tribunal to be the extent to which the contribution injury directly or indirectly caused or contributed to the injury, disease or industrial deafness or the 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 the Accident Compensation (WorkCover Insurance) Act 1993 .
B is the extent, expressed as a percentage, determined by the Authority or Tribunal to be the extent to which—
(i) any other contribution injury; and
(ii) any other injury after the appointed day for which compensation has been paid or is payable under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 —
have directly or indirectly caused or contributed to the injury, disease or industrial deafness or the incapacity, death or physical or mental condition of the worker in respect of which or in relation to which the Authority or self-insurer is liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 .
C is the amount determined by the Authority or Tribunal to be the amount that the contributor would have been liable to pay in the circumstances described in paragraph (a) in accordance with the provisions of that paragraph.
D is the amount determined by the Authority or Tribunal as the amount the contributor would have been entitled to be recompensed from the Accident Compensation Fund by reason of the operation of section 2C(1), 2C(7), 2F(1) or 2G(3) of the Workers Compensation Act 1958 if the contributor had paid, on the date of the making of the assessment, the amount to be calculated by the Authority in accordance with the formula—
where A, B and C are to be determined in the manner set out above as compensation in circumstances which entitled the contributor to be recompensed in accordance with section 2C(1), 2C(7), 2F(1) or 2G(3) of the Workers Compensation Act 1958 .
S. 129B(7) amended by Nos 67/1992
s. 64(7)(a), 50/1994
s. 62(3), 7/1996 s. 49(k), 102/2004 s. 40(d), 80/2010 s. 83(c),
67/2013 s. 633(c).
(7) The liability of a contributor to make payments under this Division in respect of a contribution injury shall not commence unless and until the Authority or the Tribunal has determined that payments made under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the 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 payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 , directly or indirectly caused or contributed to by that contribution injury exceed in the aggregate $14 990.
S. 129B(8) amended by Nos 67/1992
s. 64(7)(a), 50/1994
s. 62(3).
(8) If a contribution injury is not a proclaimed medical condition that portion of the contribution injury which has occurred more than 10 years before the last date on which the injury, disease or industrial deafness or any incapacity, death or physical or mental condition was caused to or suffered by the worker prior to the claim of the worker in respect thereof under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 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 the Accident Compensation (WorkCover Insurance) Act 1993 shall be wholly disregarded for the purposes of this Division.
(9) The Governor in Council may from time to time by proclamation published in the Government Gazette proclaim a medical condition to be a proclaimed medical condition under this Division.
S. 129C inserted by No. 13/1988
s. 6, amended by No. 67/1992 s. 64(7)(a).