Victorian Numbered Acts Victorian Numbered ActsAfter Division 11 of Part IX of the Accident Compensation Act 1985 insert —
(1) In this Division—
"amending Act" means the Accident Compensation Amendment Act 2010 ;
"amending provision" means a provision of the amending Act specified in a section of this Division;
"commencement date" means the date on which the amending provision comes into operation.
(2) Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984 .
Section 5A, as amended by sections 4, 5, 6, 7 and 8 of the amending Act, applies in respect of a claim first received by the Authority or self-insurer on or after the commencement date.
Sections 14(3), 14AA and 16A, as inserted by sections 9 and 10 of the amending Act, apply in relation to claim for compensation given, served or lodged on or after the commencement date and premiums under the Accident Compensation (WorkCover Insurance) Act 1993 payable on or after that date.
Section 82, as amended by sections 12, 13 and 14 of the amending Act, applies in respect of a claim, first given, served or lodged on or after the commencement date.
Sections 82A, 82B, 82C and 82D of the Accident Compensation Act 1985 , as inserted by section 15 of the amending Act, apply in respect of a claim first given, served or lodged on or after the commencement date.
Section 103(1), (2), (3) and (4), as substituted by section 19(1) of the amending Act, applies in respect of a claim, first given, served or lodged on or after the commencement date.
Sections 105 and 108, as amended by section 20(1), (2), (3) and (4) of the amending Act, applies in respect of a claim first received on or after the commencement date.
Section 108(4), as substituted by section 20(5) of the amending Act, applies in respect of a claim first given to, or served on, an employer on or after the commencement date.
Section 109, as inserted by section 21 of the amending Act, applies in respect of a claim, first received by the Authority or self-insurer on or after the commencement date.
Sections 242AA, 242AB, 242AC, 242AD, 242AE and 242AF, as inserted by section 23 of the amending Act, apply in respect of discriminatory conduct engaged in on or after the commencement date.
Section 55AA, as inserted by section 29 of the amending Act, applies in respect of a medical question arising in a dispute on or after the commencement date.
Section 93CA, as inserted by section 31 of the amending Act, applies in respect of an injury occurring on or after the commencement date.
(1) Despite section 4A, section 93CD(1), (2) and (3), as substituted by section 34 of the amending Act applies in respect of an injury occurring on or after the commencement date.
(2) Section 93CD(4) and (5)(a), as substituted by section 34 of the amending Act, applies in respect of a claim relating to an injury occurring on or after the commencement date.
Section 93CDA, as inserted by section 35 of the amending Act, applies in respect of a claim relating to an injury occurring on or after the commencement date.
Section 93CE, as inserted by section 37 of the amending Act, applies in respect of injuries occurring on or after the commencement date.
Section 92B, as inserted by section 39(2) of the amending Act, applies in respect of claims given, served or lodged on or after the commencement date.
Sections 96 and 96A, as amended by sections 40 and 41 of the amending Act, applies in relation to an injury occurring on or after the commencement date.
Section 109AA, as inserted by section 43 of the amending Act, applies to a decision to accept or reject a claim first received by the Authority on or after the commencement date.
Section 114(2)(c)(ii), (2A), (2B) and (2C), as substituted or inserted by section 45 of the amending Act, applies to a claim whether made before , on or after the commencement date.
Section 91, as amended by section 53 of the amending Act, applies in respect of a claim under section 98C or 98E whether made before, on or after the commencement date if the worker attends the first impairment assessment for the purposes of section 104B(2)(b) on or after the commencement date.
Section 98C, as amended by section 54 of the amending Act, applies in respect of a claim under section 98C whether made before, on or after the commencement date if the worker attends the first impairment assessment for the purposes of section 104B(2)(b) on or after the commencement date.
Section 43, as amended by section 75 of the amending Act, applies in respect of proceedings commenced under this Act on or after the commencement date.
Section 45, as amended by section 76 of the amending Act, applies only in respect of proceedings commenced on or after the commencement date.
Section 49, as amended by section 78 of the amending Act, applies in respect of proceedings commenced on or after the commencement date.
(1) Section 134AB, as amended by sections 57(4) and (5) of the amending Act, applies in respect of any proceedings to recover damages in section 134AB where the initiating serious injury application was served on or after the commencement date.
(2) Section 134AB, as amended by section 57(7) of the amending Act, applies in respect of a serious injury application which is to be determined or resolved on or after the commencement date.
(3) Section 134AB, as amended by section 57(8) of the amending Act, applies in respect of serious injury application which is to be determined or resolved on or after the commencement date.
Section 134ABAA, as inserted by section 58 of the amending Act, applies to applications made under section 134AB(4) that have not been resolved or determined immediately before the commencement date.
Section 135A, as amended by section 61 of the amending Act, applies in respect of a claim for damages in respect of which a determination as to whether the injury is a serious injury has not been made or deemed to have been made immediately before the commencement date.
Section 135BBA, as inserted by section 62 of the amending Act, applies in respect of proceedings to recover damages in accordance with section 134AB in reliance on section 135BA that have not been determined or resolved immediately before the commencement date.
Section 92, as amended by section 67 of the amending Act, applies in respect of—
(a) a claim for compensation made on or after the commencement date;
(b) claims for compensation that have not been determined by a court immediately before the commencement date.
(1) Section 92A as amended by section 68(1) of the amending Act applies in respect of—
(a) a claim for compensation made on or after the commencement date;
(b) a claim for compensation that has not been determined by a Court immediately before the commencement date.
(2) The definition of dependent child in section 92A, as amended by section 68(2) of the amending Act, applies to claims for compensation to which sections 92A and 92B apply, made on or after the commencement date.
(3) Section 92A, as amended by section 68(3) of the amending Act, applies in respect of claims for compensation to which section 92A applies that have not been determined by the Court immediately before the commencement date.
(4) Section 92A, as amended by section 68(4) of the amending Act, applies in respect of a claim for compensation that has not been determined by a court immediately before the commencement date.
(5) Section 92A, as amended by section 68(5), (6), (7), (8), (9) and (10) of the amending Act, applies in respect of a claim for compensation that has not been determined by a Court immediately before the commencement date.
(6) If subsection (5) applies to a claim, the interest to which a claimant is entitled on the amount of compensation payable under that claim is to be determined as follows—
(a) interest at the prescribed rate on the relevant maximum sum set out in section 92A(4), (5), (6), (7), (8), (8A), (8B) or (9) immediately before the commencement date of section 68(5), (6), (7), (8), (9) and (10) of the amending Act, for the period beginning on the date the claim for compensation was made to immediately before the commencement date; and
(b) interest at the prescribed rate on the relevant maximum sum set out in section 92A as amended by section 68(5), (6), (7), (8), (9) and (10) of the amending Act, for the period beginning on the commencement date to the date the claim is determined by the court or the Authority or self-insurer (as appropriate).
Section 92AA, as inserted by section 69 of the amending Act, applies in respect of deaths that occur on and from the commencement date.
Section 92B, as amended by section 70 of the amending Act, applies in respect of—
(a) a claim for compensation under section 92B made on or after the commencement date;
(b) a claim for compensation under section 92B that exists immediately before the commencement date.
Section 92D, as inserted by section 71 of the amending Act, applies in respect of deaths that occur on and from the commencement date.
The definition of medical question in section 5(1), as amended by section 74(2) of the amending Act, applies only to a referral of a medical question to a Medical Panel made on or after the commencement date.
Section 52D, as amended by section 79 of the amending Act, only applies in respect of appointments of a person as a Conciliation Officer made on or after the commencement date.
Sections 52F and 52FA, as inserted by section 80 of the amending Act, apply to a Senior Conciliation Officer on and after the commencement date.
Section 52I, as amended by section 81 of the amending Act, applies to the removal or suspension of a Conciliation Officer on and after the commencement date.
Section 55AB, as inserted by section 82 of the amending Act, applies in respect of disputes referred to conciliation on and after the commencement date.
Section 56, as amended by section 83 of the amending Act, applies in respect of disputes referred to conciliation on and after the commencement date.
Section 57, as amended by section 84 of the amending Act, applies in respect of disputes referred to conciliation on and after the commencement date.
Section 59, as amended by section 85 of the amending Act, applies in respect of—
(a) disputes that have been referred to conciliation and that have not been the subject of a general direction under section 59(9) immediately before the commencement date;
(b) disputes referred to conciliation on and after the commencement date.
Section 62, as amended by section 87 of the amending Act, applies in respect of disputes that have been referred to conciliation on and after the commencement date.
Section 63, as amended by section 88 of the amending Act, applies in respect of referrals made to a Medical Panel on and after the commencement date.
Section 65, as amended by section 89 of the amending Act, applies in respect of any medical question referred to a Medical Panel on and after the commencement date.
Section 68, as amended by section 90 of the amending Act, applies in respect of any opinion given by a Medical Panel under section 68 on and after the commencement date.
Division 3AA of Part IV, as inserted by section 91 of the amending Act, applies in respect of a claim for compensation in respect of an injury or death under this Act that is accepted by the Authority on and after the commencement date.
Sections 5(9A), 5(10), 5C, 5D and 5E, as amended by sections 94 and 95 of the amending Act, apply in respect of the calculation of premium on or after the commencement date.
Section 138(4A), as inserted by section 121 of the amending Act, applies only to contracts entered into on or after the commencement date.
Sections 138(7), 138(8) and 138(9), as inserted by section 122 of the amending Act, apply in respect of any right of indemnity that the Authority, self-insurer or employer has, regardless of when that right came into existence, unless before the commencement date—
(a) judgment for indemnity under section 138 has been given or entered; or
(b) there has been a settlement or compromise of the claim for indemnity.
(1) If, immediately before the commencement date of section 129 of the amending Act, an employer is complying with the employer's obligations under Part VI, on and after the commencement date until 31 March 2011, the employer is deemed to be complying with Part VIIB provided the employer continues to comply with the employer's obligations under Part VI as it was before its repeal.
(2) Sections 200 to 204, as inserted by section 129 of the amending Act, apply to a worker on and from the commencement date, whether or not the employer of the worker is required to comply with Part VIIB from that date.
(3) Section 194(1) in Part VIIB, as inserted by section 129 of the amending Act, applies to—
(a) claims given, served or lodged on and after the commencement date;
(b) section 105 medical certificates given, served or lodged after the commencement date.
(4) Sections 194(2), 195 and 196 in Part VIIB, as inserted by section 129 of the amending Act, apply in respect of a claim given, served or lodged—
(a) on or after the commencement date; or
(b) before the commencement date if the claim was accepted before the commencement date; or
(c) before the commencement date if the claim was neither accepted nor rejected before the commencement date; or
(d) before the commencement date if the claim was rejected before the commencement date but subsequently accepted after the commencement date.
(5) If, immediately before the commencement date, an employer is complying with sections 156(2)(a)(i) and 160, on and from the commencement date, the employer is deemed to be complying with section 195 in Part VIIB, as inserted by section 129 of the amending Act, until 31 March 2011.
(6) Sections 194(2), 195 and 196 in Part VIIB, as inserted by section 129 of the amending Act, apply to section 105 medical certificates given, served or lodged on or after the commencement date
(7) If, immediately before the commencement date, an employer is complying with section 160, on and from the commencement date, the employer is deemed to be complying with section 196 in Part VIIB, as inserted by section 129 of the amending Act, until 31 March 2011.
(8) If, immediately before the commencement date, an employer has nominated a return to work co-ordinator under sections 156(2) and 158(1), on and from the commencement date the employer is deemed to be complying with section 197(1), (2), (3) and (4) in Part VIIB, as inserted by section 129 of the amending Act, until 31 March 2011.
(9) If, immediately before the commencement date, an employer maintains an occupational rehabilitation program under sections 156, on and from the commencement date, the employer is deemed to be complying with section 198 in Part VIIB, as inserted by section 129 of the amending Act, until 31 March 2011.
(10) Despite the repeal of section 155A by section 131 of the amending Act, subsections (1) and (2) of section 155A continue to apply to claims lodged before the commencement date as if in section 115A(2) for "period specified in subsection (3)" were substituted "employment obligation period within the meaning of section 194(1)".
Section 20E, as inserted by section 132 of the amending Act, applies in respect of a person's obligations arising under this Act on and after the commencement date.
(1) This section applies to the following instruments—
(a) the instrument of delegation executed by the Authority on 17 November 2009 in respect of Royal Automobile Club of Victoria (RACV) Limited (ACN 004 060 833) purporting to take effect from 4.00 p.m. on 16 December 1994;
(b) the instrument of delegation executed by the Authority on 17 November 2009 in respect of Hanson Australia (Holdings) Proprietary Limited (ACN 090 994 657) purporting to take effect from midnight on 30 November 2000;
(c) the instrument of delegation executed by the Authority on 17 November 2009 in respect of Burns, Philp & Company Pty Limited (ACN 000 000 359) purporting to take effect from 4.00 p.m. on 9 July 2004;
(d) the instrument of delegation executed by the Authority on 17 November 2009 in respect of Goodman Fielder Limited (ACN 116 399 430) purporting to take effect from 4.00 p.m. on 23 December 2005;
(e) the instrument of delegation executed by the Authority on 17 November 2009 in respect of Transfield Services Limited (ACN 000 484 417) purporting to take effect from 4.00 p.m. on 1 March 2007;
(f) the instrument of delegation executed by the Authority on 17 November 2009 in respect of Crown Limited (ACN 125 709 953) purporting to take effect from midnight on 9 December 2007.
(2) Each instrument of delegation has effect from the purported date by virtue of this section.
Sections 23(4) and 23(5) as amended by section 150 of the amending Act apply only in respect of a contravention of, or a failure to comply with, terms and conditions occurring on or after the commencement date.
If, on the commencement date of section 126 of the amending Act, an application for approval as a self-insurer is yet to be determined by the Authority, sections 141, 142(1), 142(2), 142(4)(b)(ii) and 144 as in force immediately before that date apply to that application.
Section 142A of Part V, as substituted by section 126 of the amending Act, applies to all self-insurers on and from the commencement date regardless of when their approval as a self-insurer took effect.
Sections 144 and 145 of Part V, as substituted by section 126 of the amending Act, apply to all self-insurers on and from the commencement date regardless of when their approval as a self-insurer took effect.
Sections 145A and 145B of Part V, as substituted by section 126 of the amending Act, apply to all self-insurers on and from the commencement date regardless of when their approval as a self-insurer took effect.
Sections 146 and 146A of Part V, as substituted by section 126 of the amending Act, apply to all self-insurers on and from the commencement date regardless of when their approval as a self-insurer took effect.
Section 147 of Part V, as substituted by section 126 of the amending Act, applies to all self-insurers on and from the commencement date regardless of when their approval as a self-insurer took effect.
Section 148 of Part V, as substituted by section 126 of the amending Act, applies to all self-insurers whose liabilities are assessed on or from the commencement date.
Section 150 of Part V, as substituted by section 126 of the amending Act, applies to any employer approved as a self-insurer on and from the commencement date.
Section 150A of Part V, as substituted by section 126 of the amending Act, applies in respect of any acquisition of a scheme-insured by a body corporate occurring on or from the commencement date.
(1) Section 151 of Part V, as substituted by section 126 of the amending Act, applies to any employer that ceases to be a self-insurer on or from the commencement date.
(2) Sections 151A, 151B, 151C, 151D and 151E of Part V, as substituted by section 126 of the amending Act, apply in respect of the assessment of tail claim liabilities of an employer to which subsection (1) applies.
Sections 249AA, 249AB, 249B and 249BA, as inserted or substituted by section 143 of the amending Act, apply in relation to services provided, or that may be provided, to a worker on or after the commencement date.".