Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 176

For section 251 of the Accident Compensation Act 1986 substitute —

        "     251     Undertakings

    (1)     The Authority may accept a written undertaking given by a person in connection with a matter relating to a contravention, or an alleged contravention, of a relevant provision.

    (2)     The undertaking must specify—

        (a)     the action proposed to be taken by the person; and

        (b)     the timeframe in which the proposed action is to be taken; and

        (c)     any other relevant matter.

    (3)     The person may, with the Authority's consent, withdraw or vary the undertaking at any time.

    (4)     A proceeding may not be brought against the person who has given the undertaking for an offence in relation to the matter referred to in subsection (1).

    (5)     If the Authority considers that the person who gave the undertaking has breached any of its terms, the Authority may apply to the Magistrates' Court for an order under subsection (6).

    (6)     If the Magistrates' Court is satisfied that the person has breached a term of the undertaking, the Magistrates' Court may make—

        (a)     an order that the person comply with the undertaking or take specified action to comply with the undertaking; or

        (b)     any other order that the Magistrates' Court considers appropriate.

    (7)     For the purposes of this section, a relevant provision means a provision of this Act or the Accident Compensation (WorkCover Insurance) Act 1993 for which the penalty for the contravention of the provision is—

        (a)     in the case of a natural person, no more than 180 penalty units; or

        (b)     in the case of a body corporate, no more than 900 penalty units.".