Victorian Numbered Acts Victorian Numbered ActsAfter Division 3 of Part IV of the Accident Compensation Act 1985 insert —
In this Division—
"claimed employer" means an employer that—
(a) considers that section 114I(1)(a) or (b) applies to the employer; and
(b) makes a lodged objection under section 114I;
"lodged objection" means an objection made by a claimed employer and received by the Authority under section 114I;
"proceedings" includes—
(a) the inquiry into, hearing and determination of any question or matter under this Act;
(b) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction;
(c) seeking any order under the Administrative Law Act 1978 ;
(d) any other action or proceeding.
(1) If the Authority, by written notice, accepts a claim for compensation in respect of an injury or death under this Act, the claimed employer may lodge an objection with the Authority in respect of that decision to accept the claim if the claimed employer considers that—
(a) the alleged worker is not a worker within the meaning of this Act; or
(b) the claimed employer was not the correct employer of the worker at the time of the injury or death.
(2) An objection lodged by a claimed employer under subsection (1) must—
(a) be in writing in a form approved
by the Authority; and
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(b) state the grounds on which the objection is made and review by the Authority is sought; and
(c) attach any document relevant to the objection and review; and
(d) unless section 114J applies, be lodged within 60 days of receipt by the employer of the decision of the Authority to accept the claim for compensation in respect of which the claimed employer is making the objection.
(3) An objection is taken to be lodged with the Authority when the objection is received by the Authority.
(4) An objection made by a claimed employer under this Division in respect of a claim does not affect existing liabilities the employer may have under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 .
(1) The Authority may permit a claimed employer to lodge an objection with the Authority after the period specified in section 114I(2)(d).
(2) The claimed employer seeking to lodge an objection out of time must state, in writing, the circumstances concerning, and the reasons for, the failure to lodge the objection within the 60 day period.
(3) The Authority may grant permission to lodge an objection out of time unconditionally or subject to conditions.
(4) Proceedings to seek review of a decision made by the Authority under this section to not grant permission to lodge an objection out of time or to only grant permission to lodge out of time subject to conditions, must not be brought, whether against the Authority or otherwise.
(1) The Authority may decline to conduct a review if—
(a) the lodged objection is in respect of a decision to accept a claim for compensation that has been reviewed by the Authority on a prior occasion and the claimed employer—
(i) has been provided with the Authority's written reasons for the decision following that review; and
(ii) has not provided the Authority with any new, relevant information in, or with, the lodged objection; or
(b) the Authority considers that the lodged objection is misconceived or lacking in substance.
(2) If the Authority declines to conduct a review of a decision under subsection (1), the Authority must notify the claimed employer of the Authority's decision, in writing, within 28 days of receiving the lodged objection.
A claimed employer may, in writing, withdraw a lodged objection at any time before the Authority has made a decision under section 114N.
(1) The Authority may suspend consideration of a lodged objection and review if the claimed employer fails to provide information relevant to the review that the Authority has requested under this Act.
(2) If the Authority suspends consideration of a lodged objection and review under subsection (1), the Authority must give the claimed employer written notice of the suspension which states—
(a) that the suspension takes effect on service of the notice; and
(b) that the review has been suspended pending the provision of the information relevant to the review that the Authority has requested under this Act; and
(c) the details of the requested information; and
(d) that the review will remain suspended until the earlier of—
(i) the period of suspension specified in the notice is complete; or
(ii) the claimed employer provides the Authority with the requested information.
(3) If the claimed employer does not provide the Authority with the information requested by the Authority by the completion of the stated period of suspension in the notice of suspension, the claimed employer is deemed to have withdrawn the lodged objection.
(4) If a claimed employer is deemed to have had a lodged objection withdrawn under subsection (3), the claimed employer may again lodge an objection in respect of the same decision that was the subject of the deemed withdrawn lodged objection.
(5) An objection lodged under subsection (4) will not be accepted by the Authority unless the objection—
(a) is made within 28 days of the date the lodged objection was deemed to be withdrawn under subsection (3); and
(b) is accompanied by the information specified in the notice of suspension.
(6) If the objection of a claimed employer is deemed to be withdrawn under subsection (3) and the claimed employer fails to lodge the objection again in accordance with subsection (5), the decision of the Authority to accept the claim for compensation against the claimed employer is deemed to be confirmed.
(7) Proceedings to seek review of a deemed confirmation under subsection (6), must not be brought, whether against the Authority or otherwise.
(1) The Authority must, after reviewing an objection lodged under section 114I—
(a) confirm the decision of the Authority to accept the claim for compensation against the claimed employer; or
(b) set aside the decision of the Authority to accept the claim for compensation against the claimed employer.
(2) A decision made under subsection (1) must—
(a) be in writing and set out the Authority's reasons for the decision; and
(b) be provided to the claimed employer—
(i) within 90 days of the Authority receiving the lodged objection; or
(ii) more than 90 days after the Authority receives the objection if the Authority gives the claimed employer written notice within the period specified in subparagraph (i) specifying—
(A) that the Authority is extending the period to provide the Authority's decision to a day specified in the notice; and
(B) the reasons for the extension.
(3) If the Authority fails to provide the claimed employer with its decision under subsection (1) within the period set out in subsection (2)(b) the Authority is deemed to have confirmed the decision to accept the claim for compensation against the claimed employer.
(1) Despite anything to the contrary in section 39(1), if a claimed employer—
(a) is not satisfied with the decision made by the Authority under section 114N (including a deemed decision under that section); or
(b) has received notice that the Authority has declined to consider the objection and conduct a review under section 114K—
the claimed employer may appeal against that decision to the Supreme Court.
(2) An appeal under subsection (1), other than an appeal in respect of a deemed decision, must be made within 60 days of the claimed employer receiving notice of the Authority's decision.
(3) An appeal made in respect of a deemed decision under section 114N(3) must be made within 60 days of the decision being deemed.
On an appeal—
(a) the claimed employer's case is limited to the grounds of the objection under section 114I; and
(b) the Authority's case is limited to the grounds on which the Authority made a decision under section 114N—
unless the Supreme Court otherwise orders.
(1) On the hearing of an appeal by the Supreme Court, the Court may—
(a) make any order the Court thinks fit;
(b) by order confirm, reduce or vary the decision of the Authority under section 114N.
(2) If the Supreme Court determines—
(a) the alleged worker is not a worker within the meaning of this Act; or
(b) the claimed employer was not the correct employer of the worker at the time of the relevant injury or death—
payments of compensation being made to the alleged worker must cease on the earlier of—
(c) 28 days after the date of the Court's determination; or
(d) a date, after the date of the Court's determination, determined by the Authority.
If the worker is joined as a party to proceedings commenced by the claimed employer under section 114O, unless the Court otherwise determines, the Authority is liable for any reasonable legal costs incurred by the worker consequent on the worker being joined to those proceedings.".