Victorian Numbered Acts

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ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 99

New section 248BA inserted

After section 248B of the Accident Compensation Act 1985 insert

    " 248BA     Liability of premium adviser

    (1)     If, through the negligence of a premium adviser, an employer is liable to pay a default penalty or late payment penalty as determined by the Authority in accordance with the Accident Compensation (WorkCover Insurance) Act 1993 , the premium adviser is liable to pay the employer the amount of the default penalty or late payment penalty, and that amount may be sued for and recovered by the employer in any court of competent jurisdiction.

    (2)     This section does not exonerate an employer from the liability to pay a default penalty or late payment penalty as determined by the Authority in accordance with the Accident Compensation (WorkCover Insurance) Act 1993 .

    (3)     In this section—

"premium adviser "means a person who provides professional advice to an employer in respect of an employer's liability to pay premium for a WorkCover insurance policy and includes a financial adviser, legal practitioner and accountant.".



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