Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 68

    (1)     In section 92A(1) of the Accident Compensation Act 1985 , in paragraph (b) of the definition of "child"—

        (a)     for "21 years" substitute "25 years";

        (b)     after "student" insert "or full-time apprentice".

    (2)     In section 92A(1) of the Accident Compensation Act 1985 —

        (a)     insert the following definition—

""corresponding law "means an Act of another State or Territory in relation to the status of a child who is born after the death of a person whether or not the birth of that child was a result of an assisted reproductive treatment using the gametes, or an embryo formed from the gametes, of the deceased person;";

        (b)     for the definition of dependent child substitute —

""dependent child" means a child who is a dependant of the worker and includes—

        (a)     an orphan child;

        (b)     a child born after the death of the worker where the deceased worker is that child's parent because of the Status of Children Act 1974 or a corresponding law;".

    (3)     After section 92A(2) of the Accident Compensation Act 1985 insert —

    "(2A)     For the purposes of this section and section 92B, a partner who resided with the worker at the time of the worker's death is deemed to have been dependent on the earnings of the worker at the time of the worker's death.

    (2B)     Subsection (2A) applies to all claims first received on and from 10 December 2009—

        (a)     by the Authority, whether forwarded by the employer or lodged by a partner to which that subsection applies; or

        (b)     by a self-insurer, having been given or served on the self-insurer by a partner to which that subsection applies.".

    (4)     For section 92A(3) of the Accident Compensation Act 1985 substitute —

    "(3)     If a worker's death results from or is materially contributed to by an injury which entitles the worker's dependants to compensation, the amount of compensation must be determined—

        (a)     if a dependant does not have legal representation, or is a minor or a person under a disability, by the court in accordance with this section; or

        (b)     in all other cases, by the Authority or self-insurer in accordance with this section.".

    (5)     In sections 92A(4) and 92A(5) of the Accident Compensation Act 1985 , for "$250 000" substitute "$503 000".

    (6)     In section 92A(6) of the Accident Compensation Act 1985 —

        (a)     in paragraph (a), for "$225 000" substitute "$452 700";

        (b)     in paragraph (b), for "$25 000" substitute "$50 300".

    (7)     In section 92A(7) of the Accident Compensation Act 1985 —

        (a)     for "$250 000" substitute "503 000";

        (b)     in paragraph (a), for "$12 500" substitute "$25 150".

    (8)     In section 92A(8)     of the Accident Compensation Act 1985 —

        (a)     for "$250 000" substitute "$503 000";

        (b)     in paragraph (a), for "$187 500" substitute "$377 250";

        (c)     in paragraph (b), for "$62 500" substitute "$125 750".

    (9)     In sections 92A(8A) and 92A(8B) of the Accident Compensation Act 1985 —

        (a)     for "$250 000" substitute "$503 000;

        (b)     for "County Court" substitute "court, the Authority or self-insurer".

    (10)     In section 92A(9) of the Accident Compensation Act 1985 —

        (a)     for "$250 000" substitute "$503 000";

        (b)     for "County Court" substitute "court, Authority or self-insurer";

        (c)     for "the Court" substitute "the court, the Authority, or self-insurer".

    (11)     In section 92A(10) of the Accident Compensation Act 1985 , for "members of his or her family" (where twice occurring) substitute "members of the worker's family".

    (12)     In section 92A(11) of the Accident Compensation Act 1985 —

        (a)     for "a child" substitute "a minor or a person under a disability";

        (b)     for "the child" substitute "the minor or person under a disability";

        (c)     for "County Court" substitute "court".

    (13)     For section 92A(12) of the Accident Compensation Act 1985 substitute —

    "(12)     A claimant is entitled to interest at the prescribed rate on an amount of compensation determined in accordance with this section—

        (a)     in the case of a determination by the court—in respect of the period beginning on the date the claim for compensation was lodged in accordance with section 103 and ending on the date of the determination; or

        (b)     in the case of a determination by the Authority or self-insurer—in respect of the period beginning on the date the claim was lodged in accordance with section 103 and ending on the date the Authority or self-insurer makes the determination.".