Victorian Current Acts

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WORKERS COMPENSATION ACT 1958 - SECT 2F

Transitional—1979 amendments—recompense to employer

S. 2F(1) amended by No. 9613 s. 4(a).

    (1)     Where an additional amount is payable by an employer as compensation by virtue of section 2D(1) or section 2D(2) so far as it relates to rates of compensation the employer shall, subject to subsections (1A), (2), (3) and (4), be entitled to be recompensed from the Fund for that additional amount.

S. 2F(1A) inserted by No. 9613 s. 4(b).

    (1A)     An employer shall not be entitled to be recompensed from the Fund for an additional amount in respect of an injury of a worker occurring after 1 July 1982.

S. 2F(2) amended by No. 10191 s. 258(5)(a).

    (2)     Where in pursuance of section 72(1)(a) as in force before the appointed day an employer had elected not to be insured or indemnified in respect of the first $500 for a claim of compensation, subsection (1) shall not entitle him to be recompensed from the Fund in respect of that first $500.

S. 2F(3) amended by Nos 10191 s. 258(5)(b), 50/1994 s. 110(a).

    (3)     Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it, and the amount of the compensation awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3), subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3).

S. 2F(4) amended by Nos 10191 s. 258(5)(c), 50/1994 s. 110(b).

    (4)     Where, in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9 the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with section 9(3), subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $36 960 or (as the case requires) that amount as increased or decreased in accordance with section 9(3).

S. 2G inserted by No. 9297 s. 2.



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