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WORKERS COMPENSATION ACT 1958
TABLE OF PROVISIONS
Long Title
1. Short title and commencement
1A. Application of Act
1AA. Compensation for death of worker
1B. Construction of references
2. Repeals and savings
2A. Transitional—1975 amendments—compensation
2B. Transitional—1975 amendments—insurance
2C. Transitional—1975 amendments—recompense etc.
2D. Transitional—1979 amendments—compensation
2E. Transitional—1979 amendments—insurance
2F. Transitional—1979 amendments—recompense to employer
2G. Transitional—1979 amendments—recompense to insurer
2H. Transitional—1979 amendments—payments into the Fund
2J. Transitional—1979 amendments—determinations by the County Court
2K. Transitional—1975 and 1979 amendments—operation of section 72(1)(a)
2L. Transitional—definitions
3. Definitions
3A. Secretaries of co-operative societies
4. Workers employed by the Crown etc.[1]
PART I--EMPLOYERS' LIABILITY
Division 1--Liability to pay compensation
5. Employers' liability
5A. Nominal defendant
5AA. Payments by employer not admission of liability
6. Injury due to serious and wilful misconduct
7. Victorian workers injured outside Victoria
7A. Public servants injured outside Victoria
7B. Entitlement to compensation under the law of another State etc.
8. Injury in course of employment
Division 2--Compensation generally and for specified injuries
9. Compensation for death and incapacity for work
10. Worker ceasing to reside in Australia
11. Compensation for specified injuries
Division 3--Compensation for industrial diseases
12. Disease due to employment
12A. Certificate by a registered medical practitioner
13. False representation
14. From which employer compensation recoverable
15. Notice of death or disablement
16. Nominal defendant
17. Production of section 12 certificate
18. Calculation of compensation
19. References to medical referee
19A. Reference under section 19
19B. Procedure relating to references under section 19
20. Date of disablement
21. Proclamation of diseases
22. Proclaimed diseases deemed to be due to employment
23. Regulations
25. Saving as to personal injury
Division 3A--Industrial deafness
25A. Definitions
25B. Industrial deafness due to employment
25C. Compensation payable only under Divisions 3A and 4
25D. From which employer compensation recoverable
25E. Nominal defendant
25F. Deafness deemed to have occurred at a constant rate
25G. Compensation in accordance with sections 9 and 11
25GA. Transitional—presumption under previous section 25G(2)
25H. Prior injury
25I. Finality of awards
25J. Extinguishment of rights
Division 4--Compensation for medical and like services
26. Liability for medical etc. services and burial etc. costs
Division 5--Medical examinations of workers
27. Medical examinations
Division 6--Payment of compensation under awards, &c.
28. Purported payments; awards by consent
29. Payment by instalments; interim awards
30. Compensation inalienable
31. Penalties not affected
31A. Transitional provision
Division 7--Payments under schemes under the 1928 Act
32. Payments in case of death
Division 8--Administration by the State Trust Corporation of Victoria[6]
34. Certain payments to be administered by the State Trust Corporation of Victoria
35. Powers of the State Trust Corporation of Victoria in relation to administration
36. Power of the State Trust Corporation of Victoria to make determinations
37. Transitional provisions in respect of payments into the custody of the Board
PART II--PROCEEDINGS UNDER THE ACT
Division 1--Notice of injuries and claims
41. Time for taking proceedings
42. Notice may be written or oral
43. Service
44. Notice of claims
45. Defects in notices; injury book
46. Enforcement of awards
PART III--MISCELLANEOUS
Division 1--Seamen
59. Injuries to seamen employed on Victorian ships
Division 2--Contractors and sub-contractors
60. Sub-contracting
Division 3--Insolvency of employer
61. Insolvency of employer[8]
Division 4--Action brought independently of this Act
62. Remitting of cases etc.
63. Application of section 62
63A. Acceptance of compensation under this Act
63B. Where judgment unsatisfied
64. Where judgment satisfied
65. Reduction of judgment by compensation
66. Where judgment against third party
67. Indemnity by third party[9]
68. Payment into court
69. Settlement by third party
70. Reduction of compensation by damages under Wrongs Act 1958
Division 6--Liability of insurer
71A. Liability of insurer
Division 7--Insurance policies and transitional provisions
72A. Extension of policies
72B. Termination of policies
72C. Proof of identity
Division 8--Regulations
73. Regulations
Division 9--Returns showing compensation paid
74. Returns
Division 10--Offences
75. Malingering
76. Prosecutions
77. General penalty
PART IVA--CERTAIN PAYMENTS OUT OF THE FUND
85. Payments out of Fund where employer uninsured
PART V--PROVISIONS RELATING TO THE ACCIDENT COMPENSATION FUND AND THE INSURERS GUARANTEE AND COMPENSATION SUPPLEMENT FUND
Division 1--Transitional and general provisions
91. Definition
92. Insurers Guarantee and Compensation Supplementation Fund to be transferred to Accident Compensation Fund
93. Payments into the Fund
94. Recovery of moneys
95. Refund of overpayments
96. Obligations under this Part
98. Payments out of Fund
98A. Additional amounts paid under section 2A
98B. Recompense from the Fund for additional amounts paid under section 2A
99. Advances from Public Account
100. Transitional
100B. Auditor's certificate
100C. Inspection of insurer's records
Division 2--Payments from Fund
101. Claims etc. to which Part applies
102. Failure to provide indemnity
103. Notice of claims etc.
103A. Winding up of insurer
103B. Notices and advertisement of winding up
104. Contract of indemnity
PART VI--PROVISIONS RELATING TO THE ACCIDENT COMPENSATION FUND AND THE WORKERS SUPPLEMENTATION FUND
105. Definitions
106. Contributions
107. Payment of contributions
108. Recovery of moneys
109. Overpayments
110. Workers Supplementation Fund to be transferred to Accident Compensation Fund
111. Payments into the Fund
111A. Obligations under this Part
112. Payments out of the Fund
112A. Additional amounts paid under section 2G
112B. Recompense from the Fund for additional amounts paid under section 2G
113. Provisions in respect of moneys previously advanced from the Insurers Guarantee and Compensation Supplementation Fund
114. Transitional
116. Auditor's certificate
117. Inspection of insurer's records
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
ENDNOTES
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