Victorian Current Acts

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           Division 1--Introductory

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Interpretation provisions  
   5.      Application of this Act to injuries  
   6.      Claims for compensation  
   7.      Matters affecting entitlement to compensation  
   8.      Act binds the Crown  
   9.      Access to information  

           Division 2--Principles and guides

   10.     Objectives of Act  
   11.     Statement of rights and obligations of workers  
   12.     Statement of rights and obligations of employers  
   13.     Flow charts  
   14.     Effect of this Division  


           Division 1--Injuries

   15.     Flow chart 1—notice of injury  
   16.     Notice to be displayed at workplaces  
   17.     Register of injuries  
   18.     Notice of injury  
   19.     Flow chart 2—making a claim  
   20.     Claim for compensation  
   21.     Acknowledgement or notice of claim  
   22.     When claim deemed not to have been made  
   23.     Guidelines for sections 20, 21 and 22  
   24.     Prohibition on recovery of certain costs  
   25.     Medical certificate  
   26.     Worker who does not have a medical certificate  
   27.     Medical examinations  
   28.     Return to work obligations of employers and workers  

           Division 2--Claims for compensation that may be lodged with Authority

   29.     Lodging of claims with Authority in certain circumstances  
   30.     Authority may require further information  
   31.     Claims against certain employers  
   32.     Record of employers referred to in section 31  
   33.     Application of Parts 2, 3 and 5  
   34.     Recovery by Authority of amount in relation to claim or contribution  
   35.     When application may be made to a court  
   36.     Employer ceasing to exist  
   37.     Entitlement to compensation only if employment connected with Victoria  
   38.     Application to sailors  
   39.     Entitlement to compensation  
   40.     When no entitlement to compensation  
   41.     Pre-existing injury or disease  
   42.     Circumstances in which weekly payments are reduced because of conviction for drink-driving offence  
   43.     Circumstances in which weekly payments are reduced because of conviction for drug-driving offence  
   43A.    Circumstances in which weekly payments are reduced because of combined drink and drug driving offence  
   44.     No entitlement to compensation where conviction for certain serious road traffic offences  
   45.     If conviction or finding of guilt overturned  
   46.     Out of or in the course of employment  
   47.     Compensation for workers injured outside Australia  
   48.     Person not to be compensated twice  
   49.     Entitlement to damages outside Victoria  
   50.     Compensation for disease due to employment  
   51.     Proclaimed diseases  
   51A.    Eligible progressive diseases  

           Division 4--Assessment of impairment

   52.     Definitions  
   53.     Application of this Division to Divisions 2 and 5 of Part 5 and Part 7  
   53A.    Assessment under this Division is final assessment of impairment  
   54.     Assessment of impairment  
   55.     When and how to make an assessment of impairment  
   56.     Injury, impairment or symptoms consequential or secondary to physical injury  
   57.     Compensation for industrial deafness  
   58.     Excluded deafness  
   59.     Industrial deafness deemed to occur at constant rate  
   60.     Assessment of industrial deafness  
   61.     Further diminution of hearing  
   62.     Effect of determination for industrial deafness  
   63.     Assessing degree of impairment of whole person  
   64.     Psychiatric impairment  
   65.     Occupational asthma impairment  
   66.     Infectious occupational diseases  
   67.     Guidelines referred to in this Subdivision  
   68.     Spinal impairment  
   68A.    Assessment of eligible progressive disease  
   68B.    Claim for compensation—eligible progressive disease  
   68C.    Claim for compensation—further impairment  
   68D.    Assessment of lung injury  
   68E.    Claim for compensation—serious lung injury  
   68F.    Claim for compensation—injury treated with lung transplant surgery  
   68G.    Claim for compensation—further impairment related to lung injury  


           Division 1--Preliminary

   69.     Definitions  

           Division 2--Liability and indemnity

   70.     Liability of Authority and employer  
   71.     Authority to indemnify employer  
   72.     Employer's excess  

           Division 3--Claims management--General

   73.     Responsibilities of employer  
   73A.    Responsibilities of employer—mental injuries  
   74.     Guidelines  
   75.     Responsibilities of self-insurers and the Authority  
   75A.    Responsibilities of self-insurers and the Authority—mental injuries  
   76.     Notice to include statement of right of review  

           Division 4--Claims management--Employer objection

   77.     Flow chart 3—employer objection process  
   78.     Employer may request reasons for decision on a claim  
   79.     Objection by employer in respect of liability  
   80.     Objection lodged out of time  
   81.     Authority may refuse to review a decision to which a claimed employer has objected  
   82.     Withdrawal of lodged objection  
   83.     Request for information and suspension of review  
   84.     Decision following review  
   85.     Appeals  
   86.     Grounds of appeal  
   87.     Hearing of appeal by Supreme Court  
   88.     Costs of worker  
   89.     Position of worker following decision under section 84  
   90.     Recovery of payments  

           Division 5--Liability for payment of compensation

   91.     Application of Division  
   92.     Liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 1 July 2014  
   93.     Provisions to apply where employer does not meet liabilities  
   94.     Provisions relating to payment of compensation  
   95.     Interim payment—weekly payments  


           Division 1--Preliminary

   96.     Definitions  
   97.     Purpose  
   98.     Application of Part  
   99.     Obligations of employers and workers  
   100.    Section 28 and this Part do not derogate from other provisions  
   101.    Part not to apply in certain circumstances  

           Division 2--Obligations of employers

   102.    Flow chart 4—return to work obligation of employers  
   103.    Provide employment  
   104.    Plan return to work  
   105.    Consult about the return to work of a worker  
   106.    Return to work co-ordinator to be appointed  
   107.    Make return to work information available  
   108.    Employer to notify Authority of return to work of worker  
   109.    Host to co-operate with labour hire employer  

           Division 3--Obligations of workers

   110.    Flow chart 5—return to work obligation of workers  
   111.    Participate in planning for return to work  
   112.    Use occupational rehabilitation services  
   113.    Participate in assessments  
   114.    Return to work  
   115.    Participate in an interview  

           Division 4--Termination of compensation

   116.    Failure to comply with Division 3  
   117.    Notification of return to work  

           Division 5--General provisions

   118.    Resolution of return to work issues  
   119.    Information about the employment obligation period  
   120.    Authority may give direction  
   121.    Compliance code  
   122.    Disallowance of certain compliance code orders  
   123.    Effect of compliance codes  
   124.    Effect of compliance with compliance codes  
   125.    Functions of Authority in respect of compliance codes  

           Division 6--Return to Work Inspectorate

   126.    Appointment of inspectors  
   127.    Identity cards  

           Division 7--Functions and powers of inspectors

   128.    Interpretation  
   129.    Inspectors subject to Authority's directions  
   130.    Power to enter  
   131.    Announcement on entry  
   132.    Report to be given about entry  
   133.    General powers on entry  
   134.    Power to require production of documents and answers to questions  
   135.    Return of seized things  
   136.    Power to issue Return to Work improvement notice  
   137.    Directions or conditions in a Return to Work improvement notice  
   138.    Variation or cancellation of Return to Work improvement notice  
   139.    Issue of Return to Work improvement notice  
   140.    Formal irregularity or defect in Return to Work improvement notice  
   141.    Proceedings for offence not affected by Return to Work improvement notice  
   142.    Persons must assist inspector  
   143.    Other assistance in exercising powers  
   144.    Inspector may take affidavits and statutory declarations  
   145.    Inspector may copy documents  

           Division 8--Offences

   146.    Offences in relation to inspections  
   147.    Protection of inspectors  
   148.    Offence to impersonate inspector  

           Division 9--Review of decisions

   149.    Which decisions are reviewable  
   150.    Internal review  
   151.    Review by VCAT  


           Division 1--Preliminary

   152.    Definitions  
   153.    Definition—pre-injury average weekly earnings  
   154.    Definition applying to pre-injury average weekly earnings—relevant period  
   155.    Definition applying to pre-injury average weekly earnings—ordinary earnings  
   156.    Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay  
   157.    Definitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period  
   158.    Definition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work  
   159.    Twice the State average weekly earnings  

           Division 2--Weekly payments

   160.    Compensation in weekly payments [s. 93]  
   161.    Weekly payments in first entitlement period  
   162.    Weekly payments in second entitlement period  
   163.    Weekly payments after the second entitlement period  
   164.    Compensation for incapacity arising from surgery after second entitlement period  
   164A.   Review of impairment arising from surgery after second entitlement period  
   165.    Continuation of weekly payments after second entitlement period  
   166.    Entitlement under section 165 not affected by certain circumstances  
   167.    Certificates of capacity for work  
   167A.   Authority or self-insurer to determine degree of impairment  
   167B.   Assessment of worker's degree of impairment  
   167C.   Determination that it is not necessary or practicable to obtain an assessment  
   167D.   Interim determination of eligibility  
   167E.   Notice of interim determination of eligibility  
   167F.   Notice of ongoing eligibility determination  
   167G.   Effect of ongoing eligibility determination made after interim determination  
   167H.   Referral of dispute to Medical Panel  
   167I.   Ongoing eligibility determination does not give rise to issue estoppel  
   167J.   No appeal from certain determinations and opinions  
   167K.   Minister may give directions  
   168.    Compensation in the form of superannuation contributions  
   169.    Injury after retirement  
   170.    Compensation for incapacity arising after retirement age  
   171.    Compensation after retirement  
   172.    Effect of disability or other pensions and lump sums on weekly payments  
   173.    Notification of entitlement to certain payments  
   174.    Regard not to be had to certain contracts etc.  
   175.    Absence from Australia  
   176.    Further provisions concerning compensation  
   177.    Sentences of imprisonment  
   178.    Time for payment  
   179.    Payment of weekly payments  

           Division 3--Alteration or termination of weekly payments and superannuation contributions

   180.    Application of Division  
   181.    Application by worker to alter amount of weekly payments  
   182.    Authority or self-insurer may terminate or alter weekly payments  
   183.    Grounds for alteration or termination of weekly payments  
   184.    Grounds for alteration or termination of superannuation contributions  
   185.    Where worker's weekly payments are reduced  
   186.    Termination or alteration of weekly payments under certain provisions  
   187.    When termination of compensation in the form of superannuation contributions has effect  
   188.    Notices  
   189.    When a required period of notice must be given  
   190.    Reduction of weekly payments after the first entitlement period  
   191.    Termination of weekly payments after expiry of second entitlement period  
   192.    Notice of reduction of weekly payments  
   193.    Outstanding weekly payments  
   194.    Outstanding superannuation contributions  
   195.    Flow chart 6—impairment benefits process  
   196.    Definitions  
   197.    Claims for compensation under Division 5  
   198.    Division 5 claim cannot be made unless all proceedings under section 328(2)(b) have been determined  
   199.    Initiation of claim by Authority or self-insurer  
   200.    Authority may suspend a claim  
   201.    Authority or self-insurer to accept or reject claim  
   202.    No proceedings by worker in relation to rejection of liability without conciliation  
   203.    Assessment of impairment  
   204.    Written statement of injuries  
   205.    Worker to advise Authority or self-insurer of worker's acceptance or dispute of decision as to liability under section 201(1)  
   206.    Variation of decision made under section 201(1)(a)  
   207.    Reference of dispute under section 205(3)(a) or 206(3)(a) to Medical Panel  
   208.    No appeal from certain determinations and opinions  
   209.    Minister may give directions  

           Division 5--Compensation for non-economic loss

   210.    Definitions  
   211.    Compensation for non-economic loss—permanent impairment  
   212.    Compensation for non-economic loss—permanent psychiatric impairment  
   213.    Compensation for non-economic loss—industrial deafness in respect of further hearing injury  
   214.    Compensation for non-economic loss—loss of foetus  
   214A.   Compensation for non-economic loss—further impairment  
   215.    Injuries by gradual process other than industrial deafness  
   216.    Effect of payment of compensation under this Division  
   217.    Limits on compensation  
   218.    Compensation not payable after death of worker except in limited circumstances  
   219.    Compensation not to exceed relevant maximum  
   220.    Payment of compensation as lump sum  
   221.    No Disadvantage—Compensation Table  

           Division 6--Rehabilitation services prior to acceptance of claim

   222.    Authority or self-insurer may pay for rehabilitation service  

           Division 7--Compensation for medical and like services

   223.    Definitions  
   224.    Liability of Authority and self-insurer  
   225.    Where services provided by employer  
   226.    To whom compensation under this Division is to be paid  
   227.    Certain actions etc. not permitted  
   228.    Medical and like services outside Australia  
   229.    Compensation not payable for certain accommodation etc.  
   230.    Occupational rehabilitation services  
   231.    Modification of cars and homes  
   232.    Duration of compensation under this Division  
   233.    Termination of payment for professional services obtained fraudulently  

           Division 8--Compensation for death of worker

   234.    Definitions  
   235.    How compensation for death of worker determined  
   236.    Dependants  
   237.    Dependent children and partners and partially dependent partner  
   238.    Certain compensation payable to trustee  
   239.    Interest payable [s. 92A(12)]  
   240.    Reimbursement of expenses incurred by non‑dependent family members of a deceased worker  
   241.    Weekly pensions for dependants of worker who dies  
   242.    Payment of weekly pensions  
   243.    Provisional payments  
   243A.   Certain provisional payments payable to trustee  

           Division 9--Voluntary settlements

   244.    To whom this Subdivision applies  
   245.    Right to apply for settlement  
   246.    Amount of settlement  
   247.    Application of this Subdivision  
   248.    Right to apply for settlement  
   249.    Amount of settlement  
   250.    Order in Council concerning settlements  
   251.    Expression of interest must first be given  
   252.    Authority or self-insurer must respond to expression of interest  
   253.    Application for settlement  
   254.    Time limit for making applications  
   255.    Authority or self-insurer must respond to application  
   256.    Time limit on response to offer  
   257.    Payment and nature of settlement amounts  
   258.    Adjustment of settlement amount offers  
   259.    Worker may withdraw application at any time  
   260.    Circumstances in which offer may be withdrawn or settlement avoided  
   261.    Preclusion of further claims  
   262.    Authority or self-insurer may extend or waive time limits  
   263.    Minister may give directions  

           Division 10--Provisional payments for mental injuries

   263AA.  Definition of mental injury does not apply  
   263A.   Definition  
   263B.   Entitlement to provisional payments for mental injuries  
   263C.   To whom provisional payments under this Division are to be paid  
   263D.   Certain actions etc. not permitted  
   263E.   Medical and like services outside Australia  
   263F.   Provisional payments not payable for certain accommodation etc.  
   263G.   Occupational rehabilitation services  
   263H.   Modification of cars and homes  
   263I.   Duration of provisional payments under this Division  
   263J.   Provisional payments are not compensation  
   263K.   Termination of provisional payments for services obtained fraudulently  
   263L.   Guidelines for the purposes of this Division  
   263M.   Disputes about provisional payments  
   263N.   Requests for information about provisional payments  


           Division 1--Jurisdiction

   264.    Jurisdiction—general  
   264A.   Jurisdiction under Subdivision 4 of Division 2  
   265.    Jurisdiction under Workers Compensation Act 1958  
   266.    Jurisdiction of Magistrates' Court  
   267.    Application of this Act to the Magistrates' Court  
   268.    Certain evidence inadmissible in certain proceedings  
   269.    Use of documents relating to worker's claim  
   270.    Protection of information given to Medical Panel  
   271.    Admissibility of certificates of Medical Panel  
   272.    Certain persons not compelled to give evidence  
   273.    Certain proceedings referred for conciliation  
   273A.   Proceeding may not be commenced if dispute referred for arbitration  
   274.    Medical questions  
   275.    Court may state a question regarding factual issues before referring a medical question to a Medical Panel  
   276.    Court to give copies of documents to parties  
   277.    Copies of Medical Panel's opinion  
   278.    Costs  
   279.    Costs liability of legal practitioner  
   280.    Flow chart 7—dispute resolution process if a claimant disagrees with a decision  
   281.    Definitions  
   281A.   Duty of ACCS  
   284.    ACCS may seek opinion of a Medical Panel on medical question  
   284A.   Resolution of factual issues before referral to Medical Panel  
   285.    Referral of medical question relating to section 165 of this Act or section 93CD of the Accident Compensation Act 1985  
   288.    Information from provider of medical service or other service  
   289.    Costs of reports by registered health practitioners  
   289A.   Lodging of disputes for conciliation  
   289B.   Power of ACCS to allow late or out of time referral of dispute  
   289C.   Conciliation by Conciliation Officer  
   290.    Conciliation without conference  
   290A.   Representation by legal practitioner in conciliation  
   290B.   Production and disclosure of information  
   291.    Power to request or release documents etc.  
   292.    Offence to make false or misleading statement  
   294.    Powers of ACCS in conciliation  
   295.    Offence not to comply with direction  
   296.    Outcome certificates to be issued  
   297.    ACCS may give directions about payment of compensation  
   298.    Genuine disputes about certain matters  
   299.    Revocation of directions of ACCS  
   300.    Payments under direction etc. not admission of liability  
   301.    Costs  
   301A.   Ministerial guidelines for conciliations  
   301B.   ACCS policies and procedures for conciliations  
   301C.   Lodging of disputes for arbitration  
   301D.   Power of ACCS to allow late or out of time referral of dispute  
   301E.   Arbitration by Arbitration Officer  
   301F.   Conduct of arbitration hearing  
   301G.   Representation by legal practitioner in arbitration  
   301H.   Production and disclosure of information  
   301I.   Power to request documents or information  
   301J.   Offence to make false or misleading statement  
   301K.   Powers of ACCS  
   301L.   Dispute referred for further conciliation  
   301M.   Adjournment of dispute  
   301N.   Dismissal of dispute  
   301O.   Arbitration hearing procedures  
   301P.   Time period in which determination must be made  
   301Q.   Periods in which time does not accrue  
   301R.   Determination  
   301S.   ACCS may make determination about compensation  
   301T.   When determination has effect  
   301U.   Determination certificates to be issued  
   301V.   Reasons for determination  
   301W.   Costs  
   301X.   Enforcement of determination  
   301Y.   Determination is binding  
   301Z.   Appeal to Supreme Court  
   301ZA.  Ministerial guidelines for arbitrations  
   301ZB.  ACCS policies and procedures for arbitrations  

           Division 3--Medical Panels

   302.    Function of Medical Panel  
   303.    Procedures and powers  
   304.    Reference of medical question  
   305.    Convenor to convene Medical Panel  
   306.    When opinion on medical question may not be given  
   307.    What a Medical Panel may ask a worker to do  
   308.    Examination by Medical Panel  
   309.    If worker unreasonably refuses to comply with request under section 307  
   310.    Attendance before Medical Panel to be in private  
   311.    Medical Panel can ask provider of medical service to attend  
   312.    Medical Panel may request further information  
   313.    Opinions  

           Division 4--Determination by courts and recognition of determinations

   314.    Determination of State with which worker's employment is connected in proceedings under this Act  
   315.    Determination of the State with which worker's employment is connected  
   316.    Recognition of previous determinations  
   317.    Determination may be made by consent  


           Division 1--Choice of law

   318.    Claims to which this Division applies  
   319.    The applicable substantive law for work injury damages claims  
   320.    What constitutes injury and employment and who is employer  
   321.    Claim in respect of death included  
   322.    Meaning of substantive law  
   323.    Availability of action in another State not relevant  

           Division 2--Actions for damages

   324.    Flow chart 8—common law process  
   325.    Definitions  
   326.    Actions for damages  
   327.    Actions for damages—serious injury  
   328.    Proceedings under this Division  
   329.    Medical examination  
   329A.   Calculation of period of time for certain matters  
   330.    Authority or self-insurer to respond to application  
   331.    Response by applicant  
   332.    Certain material not admissible in proceedings  
   333.    Conference before proceedings commence  
   334.    Statutory offer and counter offer  
   335.    Proceedings for damages for serious injury  
   336.    Finding on an application does not give rise to issue estoppel  
   337.    Authority may consent to bringing of proceedings  
   338.    No further application allowed  
   339.    Worker not entitled to recover damages for same injury despite review of degree of impairment  
   340.    Proceedings—limitations on awards  
   341.    Jury not to be informed of certain matters  
   342.    Limitation on damages in respect of pecuniary loss  
   343.    Judgments, order for damages, settlement or compromise to be reduced by certain amounts of compensation paid  
   344.    Costs  
   345.    Present value of future loss to be qualified  
   346.    Limitation on award of interest on an amount of damages  
   347.    When Authority, employer and self-insurer cease to be liable to pay weekly payments  
   348.    Determination of serious injury application after death of worker  
   349.    Calculation of limitation of actions period within which proceedings may be commenced  
   350.    Division not to affect date of accrual of cause of action  
   352.    Directions  
   353.    Legal practitioner may recover costs  
   354.    Legal costs order  
   355.    Litigated claims legal costs order—workers  
   356.    Litigated claims legal costs order—Authority and self‑insurers  
   356A.   Definitions  
   356B.   Initial and subsequent award of damages for serious silica-related conditions  
   356C.   Only one subsequent award of damages permitted  
   356D.   Regard must be had to initial award of damages  
   356E.   Regard must be had to legal costs incurred in initial action  
   356F.   Total award of damages not to exceed relevant statutory maximum  

           Division 3--Actions by terminally ill workers or workers with asbestos-related conditions

   357.    Actions by terminally ill workers or workers with asbestos-related conditions  
   358.    Actions by terminally ill workers continued after death of worker  
   359.    Certain funds to be administered by trustee  

           Division 5--Conduct of common law proceedings

   360.    Definitions  
   361.    Application of Division  
   362.    Apportionment of liability  
   363.    Notice of proceedings  
   364.    Conduct of defence  
   365.    Order for apportionment of liability  

           Division 6--Other actions and rights

   366.    Damages under Part III of Wrongs Act 1958  
   367.    Liability of Transport Accident Commission  
   368.    Settlement between Transport Accident Commission and the Authority  
   369.    Indemnity by third party  
   370.    Substantive law  
   371.    Compensation for pain and suffering  


           Division 1--General

   372.    Definitions  
   373.    Student workers  
   374.    Municipal Association of Victoria as self-insurer  

           Division 2--Application for approval as self‑insurer

   375.    Determination of eligibility to apply for approval as self‑insurer  
   376.    Application for approval as self-insurer  
   377.    Estimated relevant remuneration  
   378.    Adjustment of application fee  

           Division 3--Approval as self-insurer

   379.    Approval as self-insurer  
   380.    Terms and conditions of approval  
   381.    Notice to be given to employer if application refused  
   382.    Period that approval has effect  
   383.    Approval of new holding company as self-insurer  
   384.    Review of approval  
   385.    Revocation of approval  
   386.    Cost associated with revocation recoverable from employer  
   387.    Non-WorkCover employer ceases to be a self‑insurer  

           Division 4--Contributions to WorkCover Authority Fund

   388.    Payment of contribution  
   389.    Submission of return by self-insurer  

           Division 5--Review of contributions by self-insurers

   390.    Review of contributions  

           Division 6--Liability for claims for compensation

   391.    Self-insurer's liability to pay compensation  
   392.    Claims management  
   393.    Liabilities of self-insurer to be guaranteed  
   394.    Payments by Authority  
   395.    Movement from scheme insurance to self-insurance  
   396.    When a self-insurer becomes an eligible subsidiary of a holding company  
   397.    When an employer that is a body corporate becomes an eligible subsidiary of a self-insurer  
   398.    When a self-insurer becomes an eligible subsidiary of another self-insurer  
   399.    Guarantee of liability for tail claims  
   400.    Requirement for guarantee  
   401.    Arrangements for payments in respect of liability for tail claims  
   402.    Where an eligible subsidiary ceases to be an eligible subsidiary of a self-insurer  
   403.    Employer ceases to be self-insurer  
   404.    General provisions applying to assessment by an actuary  
   405.    Initial assessment of liability for tail claims  
   406.    Annual assessment of tail claims liabilities and adjustment of payments  
   407.    Provision of guarantees  
   408.    Review of final revised assessment at the end of the liability period  
   409.    Eligible subsidiary of self-insurer becomes a non-WorkCover employer  

           Division 7--Miscellaneous

   410.    Guidelines  
   411.    Effect of guidelines  
   412.    Secrecy provisions  


   413.    Definitions  
   414.    Authority retains or assumes liability for tail claims  
   415.    Actuary to assess tail claims liabilities  
   416.    Obligation of non-WorkCover employer  
   417.    Annual assessment of tail claims liabilities  
   418.    Adjustment of payments as at the end of the third year  
   419.    Adjustment of payments as at the end of the sixth year  
   420.    Payments of tail claims  
   421.    Provision of guarantees  
   422.    Provision of new guarantee  
   423.    Recovery under guarantees  
   424.    Review of final revised assessment at the end of the liability period  
   425.    Liability of Authority under this Part  
   426.    Legal proceedings excluded  
   427.    Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer  
   428.    Failure to comply with a provision of this Part  


           Division 1--Preliminary

   429.    Application  
   430.    Liability to pay premium  
   431.    Groups  
   432.    Joint and several liability of group members  
   433.    Flow chart 9—registration of employer  
   434.    Registration of employers  
   435.    Statutory contract of insurance  
   436.    Registered employer to notify change of circumstances  
   437.    Evidence that employer is registered under this Part  
   438.    Books and accounts to be preserved  
   439.    Employer to give estimate of rateable remuneration  
   440.    Authority may estimate rateable remuneration of employer  
   441.    Certified statement of rateable remuneration  
   442.    Employer to give certified statement  
   443.    Revised estimates of rateable remuneration  
   444.    Where employer fails to provide accurate information about rateable remuneration  
   445.    Worker employed under Transport Accident Commission program  
   446.    Superannuation benefits and calculation of premiums  

           Division 4--Premiums

   447.    Flow chart 10—Determination of premium process  
   448.    Premiums order  
   449.    Authority may give notice of premium  
   450.    Premium payable where employer not registered for whole of premium period  
   451.    Adjustment of premium in certain circumstances  
   452.    Default penalty  
   453.    Payment and recovery of penalties  
   454.    Late payment penalty  
   455.    Default penalty where failure to provide full and true disclosure  
   456.    Application for refund of premium  
   458.    Proceedings not to be brought  

           Division 5--Premium review

   459.    Flow chart 11—premium review process  
   460.    Definitions  
   461.    Employer may apply for review of a reviewable amount under this Division  
   462.    Time for making, and form of, application for review  
   463.    Application for review made out of time  
   464.    Authority may decline application for review  
   465.    Withdrawal of application for review  
   466.    Time period for review  
   467.    Request for information and suspension of review  
   468.    Determination of review  
   469.    Payments following review of reviewable amount  
   470.    Interest payable following review of reviewable amount  
   471.    Deemed determinations of the Authority  

           Division 6--provides a right of review or appeal within 60 days after a deemed determination has effect.

   472.    Review of premium by Authority at its discretion  
   473.    Adjustment of premium after review  
   474.    Application of adjustment powers under section 473  
   475.    Recovery of increased premium  
   476.    Refund of premium may be offset  
   477.    Exercise of review and adjustment powers  

           Division 6--Review by VCAT and appeal to Supreme Court

   478.    Right of review and appeal  
   479.    Authority to lodge material  
   482.    Grounds of review  
   483.    Onus on review or appeal  
   484.    Review by VCAT  
   485.    Supreme Court appeals  
   486.    Authority to give effect to decision on review  
   487.    If no appeal from a decision or order  
   488.    Recovery of premium or penalty  
   489.    Evidence  

           Division 8--Reviews by Minister

   490.    Review of setting of premiums  


           Division 1--Constitution

   491.    The Authority  
   492.    Objectives of the Authority  
   493.    Functions of the Authority  
   494.    Powers of the Authority  
   495.    Accountability of the Authority  
   496.    Guidelines, forms and advisory practice notes  
   497.    Power to give advice on compliance  
   498.    Chief Executive Officer  
   499.    Officers and employees  
   500.    Delegation  
   501.    Authorised agents  
   502.    Establishment of Board  
   503.    Constitution of Board  
   504.    Execution of documents  
   505.    Judicial notice of signatures  
   506.    Directors generally  
   507.    Acting Directors  
   508.    Vacancy, resignation and termination  
   509.    Chairperson  
   510.    Meetings of the Board  
   511.    Pecuniary interests of Directors  

           Division 3--WorkCover Advisory Committee

   512.    WorkCover Advisory Committee  

           Division 4--Financial matters

   513.    WorkCover Authority Fund  
   514.    Borrowing powers  
   515.    Repayment of capital  
   516.    Dividends  
   517.    Budget  
   518.    Operating and financial report  


           Division 1--Accident CompensationConciliation Service

   519.    Accident Compensation Conciliation Service  
   520.    Official seal  
   521.    ACCS does not represent the Crown  
   522.    Functions  
   523.    Powers  
   524.    Board of directors  
   525.    Conditions of appointment of directors  
   526.    Acting appointments  
   527.    Validity of acts or decisions  
   528.    Proceedings of board  
   529.    Resolutions without meetings  
   530.    Chief Executive Officer  
   531.    Staff of ACCS  
   532.    No interference in individual conciliations or arbitrations  
   533.    Data to be collected by the Chief Executive Officer  
   534.    Indemnity, borrowing and guarantees  
   535.    Extra territoriality  
   536.    Delegation  
   536A.   Protection against liability  
   536B.   Direction by Minister  
   536C.   ACCS budget  
   536D.   Authority to fund ACCS  
   536E.   Signature  

           Division 2--Medical Panels

   537.    Establishment and constitution  
   537A.   Medical Panels budget  
   537B.   Authority to fund Medical Panels  
   538.    Term, resignation and termination  
   539.    Advisory functions  
   540.    Validity of acts or decisions  
   541.    Protection for Convenor and members of a Medical Panel  


           Division 1--Indexation[2]

   542.    Indexation—weekly payments  
   543.    Indexation of weekly pensions for dependants of a worker who dies  
   544.    Indexation of certain amounts—according to average weekly earnings  
   545.    Indexation of certain amounts—consumer price index  
   546.    Indexation—no reduction  
   547.    Indexation—rounding  

           Division 2--Agreements

   548.    Reciprocal agreements—compensation  
   549.    Reciprocal agreements—premiums or other amounts  
   550.    Reciprocal agreements—relevant services  
   551.    Incentive agreements to improve employer performance  

           Division 2A--Use of information

   551A.   Use of information  

           Division 3--Access to information

   552.    Power to obtain information and evidence  
   553.    Powers of inspection  
   554.    Offences  
   555.    Access to police records  
   556.    Court to provide certificate of conviction  
   557.    The Secretary to the Department of Transport may disclose information to Authority  

           Division 4--Issue of search warrants

   558.    Issue of search warrants  

           Division 5--Prohibited conduct relating to touting for claims

   559.    Definitions  
   560.    Prohibited conduct by agents  
   561.    Offence of engaging in prohibited conduct  
   562.    Consequences of prohibited conduct for recovery of fees by agents  
   563.    Consequences of prohibited conduct for legal practitioners  
   564.    Legal practitioner and agents can be requested to certify as to prohibited conduct  
   565.    Power to restrict or ban recovery of costs by agents who engage in prohibited conduct  
   566.    Power to restrict or ban agents who engage in prohibited conduct  
   567.    Duty of claimants to comply with requests for information about agents and legal practitioners  

           Division 6--Regulation of providers of professional services

   568.    Suspension of payments for services  
   569.    Effect of disqualifying offence  
   570.    Conduct of service providers  
   571.    Findings of relevant bodies  
   572.    Notice to be given before determination made  
   573.    Authority may publish list of providers subject to disciplinary action  
   574.    Victorian Civil and Administrative Tribunal  

           Division 7--Discriminatory conduct

   575.    Offence to engage in discriminatory conduct  
   576.    Order for damages or reinstatement  
   577.    Procedure if prosecution is not brought under section 575  
   578.    Civil proceedings relating to discriminatory conduct  
   579.    Effect of orders on other orders under section 575, 576 or 578  
   580.    Claims under section 576 or 578  

           Division 8--Offences

   581.    Fraud  
   582.    Bribery  
   583.    False or misleading information  
   584.    False or misleading statements  
   585.    False information  
   586.    Investigations  
   587.    Indemnity  
   588.    Unauthorised use of information  
   589.    Obstructing officers  

           Division 9--Miscellaneous

   590.    Certificate  
   591.    State taxation officer  
   592.    Signature  
   593.    Service of documents by the Authority  
   594.    Service of documents on the Authority  
   595.    Secrecy provisions  
   596.    Liability of premium adviser  
   597.    Protection against self-incrimination  
   598.    Legal professional privilege and client legal privilege not affected  
   599.    Refunding money to the Authority etc.  
   600.    Imputing conduct of bodies corporate  
   601.    Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   602.    Responsible agency for the Crown  
   603.    Proceedings against successors to public bodies  
   604.    Undertakings  
   605.    Adverse publicity orders  

           Division 10--Prosecutions

   606.    Institution of prosecutions under Part 4  
   607.    Return to work—procedure if prosecution is not brought  
   608.    Institution of prosecutions  
   609.    Directions given by the Minister  
   610.    Directions given for the purposes of Part 4  
   611.    Guidelines made by the Minister  
   612.    Guidelines made by the Authority  

           Division 12--The Authority and the IBAC

   613.    Mandatory notification of corrupt conduct to IBAC  
   614.    Consultation prior to notification  
   615.    Communication of information to the IBAC  
   616.    Authority not to prejudice investigations of the IBAC  

           Division 13--Section 85 provisions

   617.    Supreme Court—limitation of jurisdiction—conferral of exclusive jurisdiction  
   618.    Supreme Court—limitation of jurisdiction—no proceedings  
   619.    Proceedings  

           Division 14--Regulations

   620.    Regulations  

           Division 14A--Review of amendments

   620A.   Independent review by expert panel  
   620B.   Appointment of expert panel  

           Division 15--Savings, repeal and transitionals

   622.    Re-enacted provisions of Accident Compensation Act 1985  
   623.    Repeal of Accident Compensation (WorkCover Insurance) Act 1993  
   623A.   Transitional provision—Staff to be transferred to ACCS  
   623B.   Transitional provision—Transfer of staff to ACCS  
   623C.   Provisions relating to establishment of ACCS  
   623D.   Validity of things done under section 623C  
   623E.   Savings provisions—Compensation Legislation Amendment Act 2016  
   623F.   Transitional provision—Compensation Legislation Amendment Act 2016  
   623G.   Transitional provision—WorkSafe Legislation Amendment Act 2017  
   623H.   Transitional provision—WorkSafe Legislation Amendment Act 2017  
   623I.   Transitional provision—WorkSafe Legislation Amendment Act 2017  
   623J.   Savings provision—seafarers' claims  
   623K.   Transitional provision—Compensation Legislation Amendment Act 2018  
   623L.   Transitional provision—Treasury and Finance Legislation Amendment Act 2018  
   623M.   Transitional provision—Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019  
   623MA.  Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021  
   623N.   Transitional provision—Workplace Safety Legislation and Other Matters Amendment Act 2022  
   624.    Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022  
   625.    Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8

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