Victorian Numbered Acts Victorian Numbered Acts(1) For section 7(1)(a) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute —
"(a) must obtain and keep in force a WorkCover insurance policy with the Authority indemnifying the employer against the employer's liability as an employer of the worker to pay—
(i) any amount of compensation payable under the Accident Compensation Act 1985 , other than an amount payable under section 125A(3) of that Act; and
(ii) damages to the worker or the dependants of the worker as permitted by and in accordance with section 134AB and section 135C of the Accident Compensation Act 1985 and to pay contribution in respect of such damages under section 23B of the Wrongs Act 1958 —
in respect of injuries arising out of or in the course of or due to the nature of employment with that employer on or after 4 p.m. on 30 June 1993; and".
(2) In section 7(1)(b) of the Accident Compensation (WorkCover Insurance) Act 1993 , after "policy" insert ", unless permitted to do so by the Authority under subsection (1AAC)".
(3) After section 7(1) of the Accident Compensation (WorkCover Insurance) Act 1993 insert —
"(1AAA) A policy of insurance obtained and kept in force by an employer under subsection (1)(a) does not indemnify an employer against the employer's liability to pay damages under sections 242AB and 242AD of the Accident Compensation Act 1985 .
(1AAB) Subsection (1AAC) applies if the Authority is satisfied that—
(a) an employer is a trustee of 2 or more trusts; and
(b) 2 or more of the trusts for which the employer is trustee carry on separate businesses; and
(c) the employer employs workers in relation to the businesses carried on by the trusts; and
(d) at least one of the businesses (the independent business ) is carried on independently of, and is not connected with, the carrying on of the other businesses.
(1AAC) If this subsection applies, the Authority may permit the employer to keep—
(a) one WorkCover insurance policy in respect of those businesses that are connected; and
(b) an additional WorkCover insurance policy in respect of the independent business.".
(4) After section 7(3) of the Accident Compensation (WorkCover Insurance) Act 1993 insert —
"(3A) An employer, other than an employer in respect of which subsection (1A) applies, who is required to, but fails to, comply with subsection (1)(a) for any policy period, or part of a policy period, is deemed to have in force a policy of insurance under subsection (1)(a) with the Authority for the purposes of this Act during the policy period or part of the policy period of non-compliance.
(3B) Subject to section 21A, an employer who is deemed to have a policy of insurance under subsection (3A), is liable to pay the premium for the policy period, or the premium calculated in accordance with subsection (3C) for part of the policy period, in respect of which the employer is deemed to have the policy of insurance and any penalty for non-compliance under subsection (6), specified in a written notice served by the Authority on the employer.
(3C) The premium payable under subsection (3B) in relation to part of a policy period for which an employer is deemed to have in force a policy of insurance is to be calculated in accordance with the formula—
where—
P is the portion of premium payable for the deemed part of a policy period;
D is the amount of premium payable for the full policy period;
E is the number of days constituting the part of the policy period the employer is deemed to have held a policy;
F is the number of days in the policy period for which the employer is or was required to hold a policy under subsection (1)(a).
(3D) If an employer does not pay the premium and penalty under subsection (3B) in accordance with the written notice, the Authority may recover under section 61 any amount paid under a policy of insurance that an employer is deemed to have been issued under subsection (3A).".
(5) For section 7(6) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute —
"(6) An employer who is deemed to have in force a policy of insurance under subsection (3A) is liable to pay a default penalty, as set out in a written notice of penalty served by the Authority on the employer, of an amount equal to the premium payable, as set out in the notice served by the Authority under section 21A, in respect of the period for which the employer is deemed to have had a policy of insurance.
(6A) A default penalty under subsection (6) is due and payable—
(a) on a date specified by the Authority in the written notice of penalty; or
(b) if no date is specified in the written notice, within 28 days of the date of the notice of penalty.
(6B) The Authority may remit the whole or any part of a default penalty imposed under subsection (6).".
(6) In section 7(7) of the Accident Compensation (WorkCover Insurance) Act 1993 , for "any such penalty" substitute "a default penalty under subsection (6)".
(7) In section 7(7A) of the Accident Compensation (WorkCover Insurance) Act 1993 , after "liable to pay a" insert "default".