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ACCIDENT COMPENSATION ACT 1985
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
Division 1--General
1. Short title
2. Commencement
3. Objects of Act
3A. Act binds the Crown
4. Application of Act
4A. Interpretation
4AA. Compensation for death of worker
5. Definitions
Division 2--Pre-injury average weekly earnings and current weekly earnings
5A. Definition—pre-injury average weekly earnings
5AA. Definitions applying to pre-injury average weekly earnings—relevant period
5AB. Definitions applying to pre-injury average weekly earnings—ordinary earnings
5AC. Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay
5AD. Definitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period
5AE. Definition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work
5B. Definition—current weekly earnings
PART IV--PAYMENT OF COMPENSATION
Division 1--Application
80. Entitlement to compensation only if employment connected with Victoria
81. Application to sailors
82. Entitlement to compensation
82A. Circumstances in which weekly payments are reduced because of conviction for drink-driving offence
82B. Circumstances in which weekly payments are reduced because of conviction for drug-driving offence
82BA. Circumstances in which weekly payments are reduced because of combined drink and drug driving offence
82C. No entitlement to compensation where conviction for certain serious road traffic offences
82D. Where conviction or finding of guilt overturned
83. Out of or in the course of employment
84. Compensation for workers injured outside Victoria
84B. Person not to be compensated twice
85. Entitlement to damages outside Victoria
86. Compensation for disease due to employment
87. Proclaimed diseases
88. Compensation for industrial deafness
89. Further diminution of hearing
90. Effect of determination for industrial deafness
90A. Assessment of lung injury
90B. Compensation for serious lung injury
90C. Compensation for injury treated with lung transplant surgery
90D. Further impairment related to lung injury
91. Assessment of impairment
Division 1A--Determination by courts and recognition of determinations
91A. Determination of State with which worker's employment is connected in proceedings under this Act
91B. Determination by County Court of State with which worker's employment is connected
91C. Recognition of previous determinations
91D. Determination may be made by consent
Division 2--Benefits
91E. Definitions applicable to this Division
91EA. Twice State average weekly earnings
92. Compensation for death of a worker
92A. Revised compensation for death of worker
92AA. Reimbursement of expenses incurred by non-dependent family members of a deceased worker
92B. Weekly pensions for dependants of worker who dies
92C. Payment of weekly pensions
92D. Provisional payment
93. Compensation in weekly payments
93A. Weekly payments in first entitlement period
93B. Weekly payments in second entitlement period
93C. Weekly payments after the second entitlement period
93CA. Compensation for incapacity arising from surgery after second entitlement period
93CAB. Review of impairment arising from surgery after second entitlement period
93CD. Continuation of weekly payments after second entitlement period
93CDA. Entitlement under section 93CD not affected by certain circumstances
93CE. Compensation in the form of superannuation contributions
93E. Injury after retirement
93EA. Compensation for incapacity arising after retirement age
93F. Compensation after retirement
96. Effect of disability or other pensions and lump sums on weekly payments
96A. Notification of entitlement to certain payments
97. Provisions relating to the payment of compensation
Division 2A--Compensation for maims, pain and suffering and non‑economic loss
98. Compensation for maims
98A. Compensation for pain and suffering
98C. Compensation for non-economic loss
98D. Payment of Compensation
98DA. Effect of payment of compensation under section 98C or 98E
98E. No Disadvantage—Compensation Table
Division 2B--Compensation for medical and like services
99AAA. Definitions
99. Liability of Authority and self-insurer
99AA. Medical and like services outside Australia
99AB. Occupational rehabilitation services
99AC. Modification of cars and homes
99AD. Duration of compensation under this Division
99AE. Termination of payment for professional services obtained fraudulently
Division 2BA--Provisional payments for mental injuries
99AF. Definition
99AG. Entitlement to provisional payments for mental injuries
99AH. To whom provisional payments under this Division are to be paid
99AI. Certain actions etc. not permitted
99AJ. Medical and like services outside Australia
99AK. Provisional payments not payable for certain accommodation etc.
99AL. Occupational rehabilitation services
99AM. Modification of cars and homes
99AN. Duration of provisional payments under this Division
99AO. Provisional payments are not compensation
99AP. Termination of provisional payments for services obtained fraudulently
99AQ. Guidelines for the purposes of this Division
99AR. Disputes about provisional payments
99AS. Requests for information about provisional payments
Division 2C--Rehabilitation services prior to acceptance of claim
99A. Authority or self-insurer may pay for rehabilitation service
Division 2D--Indexation[20]
100. Indexation—weekly payments
100A. Indexation of weekly pensions for dependants of a worker who dies
100B. Indexation of certain amounts—according to average weekly earnings
100C. Indexation of certain amounts—consumer price index
100D. Indexation—no reduction
100E. Indexation—rounding
Division 3--Claims management and procedures
103. Claim for compensation
103A. Restriction on certain claims for compensation under sections 98 and 98A
104. Claims for compensation under sections 98 and 98A
104AA. Withdrawal of claims for compensation under sections 98 and 98A
104A. Directions relating to claim for compensation under sections 98 and 98A
104B. Claims for compensation under section 98C
106. Lodging of claims with Authority in certain circumstances
110. Application by worker to alter amount of weekly payments
114. Termination or alteration of weekly payments
114AA. Termination of compensation in the form of superannuation contributions
114A. Reduction of weekly payments after the first entitlement period
114B. Termination of weekly payments after expiry of entitlement period
114BA. Notice of reduction of weekly payments
114C. Time for payment
114D. Payment of weekly payments
114E. Outstanding weekly payments
114EA. Outstanding superannuation contributions
114EB. Alteration or termination of superannuation contributions
114F. Recovery of payments
Division 3AA--Employer objections
Division 3A--Voluntary settlements
115. Who this Subdivision applies to
115A. Right to apply for settlement
115B. Calculation of settlement amount
115C. Procedure for assessment of impairment
115D. Notice to worker
115E. Existing assessments to be used
115F. Transitional provision for workers who have had psychiatric impairment assessed
115G. Transitional provisions for workers who have not had psychiatric impairment assessed
115H. Certain workers may re-start section 98C claim
115I. Continuation of existing claims
116. Who this Subdivision applies to
116A. Right to apply for settlement
116B. Calculation of settlement amount
116C. Order in Council concerning settlements
117. Who this Subdivision applies to
117A. Right to apply for settlement
117B. Amount of settlement
118. Application of this Subdivision
118A. Right to apply for settlement
118B. Amount of settlement
118C. Order in Council concerning settlements
119. Expression of interest must first be given
119A. Time limits apply to some expressions of interest
119B. Authority or self-insurer must respond to expression of interest
119C. Application for settlement
119D. Time limit for making applications
119E. Authority or self-insurer must respond to application
119F. Time limit on response to offer
119G. Payment and nature of settlement amounts
119H. Adjustment of settlement amount offers
119I. Worker may withdraw application at any time
119IA. Circumstances in which offer may be withdrawn or settlement avoided
119J. Preclusion of further claims
119K. Authority or self-insurer may extend or waive time limits
119L. Minister may issue directions
Division 3C--General
123A. Notice to include statement of right of review
123B. Prohibition on recovery of certain costs
Division 4--Liability for payment of compensation
124. Application of Division
125. Liability to pay compensation
125A. Liability to pay compensation—on or after 4 p.m. on 30 June 1993
125B. Liability to pay compensation—recovery
126. Provisions to apply where there is no employer
127. Provisions to apply where employer does not meet liabilities
Division 5--Payment of compensation
128. Provisions relating to payment of compensation
128A. Interim payments
Division 6A--Contribution by contributors
129A. Definitions
129B. Application and object of Division
129C. Contribution in case of contribution injury
129D. Assessments
129E. Evidence
129F. Recovery of amounts assessed as payable
129G. Review of assessment
129H. Information
129I. Recoveries Review Committee
129J. Refund of contributions
129K. Time
129L. Extension of policies
129M. Offences
Division 6AB--Choice of law
129MA. The applicable substantive law for work injury claims
129MB. Claims to which Division applies
129MC. What constitutes injury and employment and who is employer
129MD. Claim in respect of death included
129ME. Meaning of substantive law
129MF. Availability of action in another State not relevant
Division 6B--Conduct of common law proceedings
129N. Definitions
129O. Application of Division
129P. Apportionment of liability
129Q. Notice of proceedings
129R. Conduct of defence
129S. Order for apportionment of liability
Division 7--Administration by a trustee company[26]
130. Certain funds to be administered by trustee company[27]
131. Powers of trustee company in relation to administration
132. Powers of trustee company to make determinations
Division 8--Insurance of common law liabilities
Division 8A--Actions in respect of injuries arising on or after 20 October 1999 but before 1 July 2014
134AA. Actions for damages
134AB. Actions for damages
134ABAA.Determination of serious injury application following death of worker
134ABA. Calculation of limitation of actions period
134ABB. Calculation of limitation of actions period
134AF. Directions
134AFA. Legal practitioner may recover costs
134AG. Legal costs order
134AGA. Litigated claims legal costs order—workers
134AGB. Litigated claims legal costs order—Authority and self‑insurers
Division 9--Actions in respect of injuries to which Division 8A does not apply
134A. Actions for damages only in accordance with this Act
135. Actions for damages[28], [29]
135A. Actions for damages[30], [31]
135AB. Directions
135AC. Limitation of Actions Act 1958
135AD. Limitation of Actions Act 1958
Division 9A--Actions by terminally ill workers
135BA. Actions by terminally ill workers
135BBA. Actions by terminally ill workers continued after death of worker
Division 9B--Actions by workers with asbestos‑related conditions
135BB. Actions by workers with asbestos-related conditions
Division 9C--Subsequent actions by workers with silica-related conditions
135BC. Definitions
135BD. Initial and subsequent award of damages for serious silica-related conditions
135BE. Only one subsequent award of damages permitted
135BF. Regard must be had to initial award of damages
135BG. Regard must be had to legal costs incurred in initial action
135BH. Total award of damages not to exceed relevant statutory maximum
Division 10--Other actions and rights
135C. Damages under Part III of Wrongs Act 1958
136. Authority or employer not liable for certain costs and expenses
137. Liability of the Transport Accident Commission
137A. Settlement between Transport Accident Commission and the Authority
138. Indemnity by third party
138A. Substantive law
138B. Compensation for pain and suffering
PART VIII--GENERAL
252H. Supreme Court—limitation of jurisdiction
252I. Supreme Court—limitation of jurisdiction
252P. Supreme Court—limitation of jurisdiction
PART IX--SAVINGS AND TRANSITIONAL PROVISIONS--AMENDING ACTS
Division 1--Accident Compensation (Miscellaneous Amendment) Act 1997
254. Definition of amending Act
255. Section 91 (Assessment of impairment)
Division 2--Accident Compensation (Common Law and Benefits) Act 2000
256. Definition of amending Act
257. Section 5A (Pre-injury average weekly earnings)
Division 3--Accident Compensation and Transport Accident Acts (Amendment) Act 2003
258. Definitions
259. Section 5(1) (Definition of injury)
260. Section 5(1) (Definition of medical service)
261. Section 5A (Pre-injury average weekly earnings)
262. Section 82 (Entitlement to compensation)
263. Section 86 (Compensation for disease due to employment)
264. Section 91 (Assessment of impairment)
265. Section 98C (Compensation for non-economic loss)
266. Section 99 (Compensation for medical and like services)
267. Part IV (Payment of Compensation)
Division 4--Accident Compensation Legislation (Amendment) Act 2004
270. Sections 5(1), 88, 89, 91 and 98C—(claims for compensation for further loss of hearing)
272. Section 92A (Revised compensation for death of worker)
273. Section 93C (Grandfather provision)
274. Section 93CB (After the first entitlement period and until the expiry of the second entitlement period)
275. Section 93E (Injury after retirement)
276. Section 99—occupational rehabilitation services
279. Section 104B (Claims for compensation under section 98C)
280. Section 119IA (Circumstances in which offer may be withdrawn or settlement avoided)
281. Section 134AB (Actions for damages)
282. Section 135A (Actions for damages)
283. Section 135BA (Actions by terminally ill workers)
Division 5--Accident Compensation (Amendment) Act 2005
284. Sections 89, 91 and 98C—(claims for compensation for further loss of hearing)
285. Sections 111, 114 and 114B
Division 6--Treasury Legislation (Repeal) Act 2005
286. Saving of rights under Miners' Phthisis (Treasury Allowances) Act 1938
Division 7--Accident Compensation and Other Legislation (Amendment) Act 2006
287. Section 5A
288. Section 16
289. Sections 43, 50, 93C, 93CB and 93E
290. Section 91
291. Section 92A
292. Sections 93B, 93CB and 93CD
293. Section 93EA
294. Section 99
295. Sections 114 and 114B
Division 8--Transport Accident and Accident Compensation Acts Amendment Act 2007
296. Section 91
297. Section 99(1)(aa)
Division 9--State Taxation and Accident Compensation Acts Amendment Act 2007
298. Section 99
Division 10--Compensation and Superannuation Legislation Amendment Act 2008
299. Section 138 (Indemnity by third party)
Division 11--Asbestos Diseases Compensation Act 2008
300. Section 135BB
Division 12--Accident Compensation Amendment Act 2010
301. Definitions
302. Section 5A
303. Section 14(3)
304. Section 82
305. Sections 82A-82D
312. Section 93CA
313. Section 93CD
314. Section 93CDA
315. Section 93CE
316. Section 92B
317. Sections 96 and 96A
319. Section 114
320. Section 91
321. Section 98C
325. Section 134AB (Actions for damages)
326. Section 134ABAA (Determination of serious injury application following death of worker)
327. Section 135A (Actions for damages)
328. Section 135BBA (Actions by terminally ill workers continued after death of worker)
329. Section 92 (Compensation for death of a worker)
330. Section 92A (Revised compensation for death of worker)
331. Section 92AA (Re-imbursement of expenses incurred by non‑dependant family members of a deceased worker)
332. Section 92B (Weekly pension for dependants of worker who dies)
333. Section 92D (Provisional payment)
347. Sections 5(9A) and (10) and 5C to 5E (Remuneration)
348. Section 138 (Indemnity by third party)
349. Section 138 (Indemnity by third party)
352. Retrospective operation of certain instruments of delegation
352A. Retrospective operation of certain instruments of delegation
Division 13--Transport Accident and Accident Compensation Legislation Amendment Act 2010
365. Definitions
366. Sections 5A to 5AE, 5B and Schedule 1A
367. Part I, Division 3 and sections 6 to 12, 14 and 15
Division 3 of Part I, as inserted by section 24 of the amending Act, sections 6, 7, 7A, 8, 9, 10, 11, 12, and 14(4) and (5) as substituted by sections 25, 26, 27, 28, 29 and 31 of the amending Act and section 15 as amended by section 33 of the amending Act, apply in relation to--
368. Section 82D (Road traffic offences)
368A. Section 91(3AAA)
369. Section 91E (Benefits—definitions)
370. Section 92A (Death of a worker)
371. Section 93CE (Superannuation contributions)
372. Section 98C (Non-economic loss)
373. Section 98E (Total loss)
374. Part IV, Division 2B (Compensation for medical and like services)
Division 2B--of Part IV, as inserted by section 77 of the amending Act, applies in respect of a liability of the Authority or a self-insurer arising on or after the commencement date.
375. Sections 117C to 117G
378. Section 134AB (Actions for damages)
382. Section 125A(3)
388. Section 92B
389. Guidelines under section 14AA
Division 14--Justice Legislation Amendment (Miscellaneous) Act 2012
390. Effect of repeal of section 134AE
Division 15--Workplace Injury Rehabilitation and Compensation Act 2013
391. Workplace Injury Rehabilitation and Compensation Act 2013
Division 16--WorkSafe Legislation Amendment Act 2017
392. Amendment of section 99 (Liability of Authority and self-insurer)
393. Savings provision—seafarers' claims
Division 17--Treasury and Finance Legislation Amendment Act 2018
394. Treasury and Finance Legislation Amendment Act 2018
Division 18--Workplace Safety Legislation and Other Matters Amendment Act 2022
395. Section 92B
SCHEDULE 1A
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3A
SCHEDULE 3B
ENDNOTES
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