Victorian Current Acts

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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] s. 61  

           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] s. 67  
   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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