exemption limit means— (a) in relation to the financial year ending 30 June 1994—$7500; and (b) in relation to each subsequent financial year—the amount prescribed in the premiums order in respect of that financial year; S. 3(1) def of former authorised insurer amended by No. 81/1998 s. 4(b). s. 3 former authorised insurer means an authorised insurer whose licence has ceased to be in force whether by expiry, cancellation, suspension or operation of law; S. 3(1) def. of policy period amended by No. 81/1998 s. 4(c). policy period means the period of 12 months or such lesser period as may be fixed by the Authority ending at 4 p.m. on 30 June in any year; premiums order means a premiums order made under section 15; rateable remuneration means remuneration that is subject to a premium within the meaning of section 8; S. 3(1) def. of remuneration substituted by Nos 60/2007 s. 30(1), 80/2010 s. 132(2)(c). remuneration means remuneration within the meaning of section 3AA; S. 3(1) def. of statutory fund repealed by No. 81/1998 s. 4(d). * * * * *
(2) In subsection (1), remuneration does not include— s. 3AA (a) an amount paid or payable to a person within the meaning of section 16 of the Accident Compensation Act 1985 engaged by an employer to participate as a contestant in a sporting or athletic activity in respect of the services provided by the person while the person is— (i) participating as a contestant in that sporting or athletic activity; (ii) engaging in training or preparation with a view to so participating; (iii) travelling between a place of residence and the place at which the person is so participating or so engaged; (b) an amount paid or payable to an apprentice under a training contract made in accordance with a training scheme that is approved by the Victorian Skills Commission under Part 5.5 of the Education and Training Reform Act 2006 if the apprentice or training scheme is, or is in a class of apprentices or training schemes declared by the Minister to be an apprentice or training scheme to which this paragraph applies; (c) an allowance for travel or accommodation paid or payable at a rate in a particular class or class of cases that does not exceed the rate prescribed for that class or classes; (d) an amount that does not exceed the exemption limit; (e) any payment of compensation in respect of an injury under the Accident Compensation Act 1985 or this Act;
prescribed or published at the time the order is made; S. 16(2)(e) amended by No. 9/2010 s. 103(a). (e) authorise any specified person or body to determine or apply a specified matter or thing; S. 16(2)(f) inserted by No. 9/2010 s. 103(b). (f) include provisions relating to the avoidance of premium. S. 17 amended by Nos 82/2001 s. 27(a)(b), 80/2010 s. 139 (ILA s. 39B(1)). 17 Premiums to be calculated in accordance with premiums order s. 17 (1) The premium payable by an employer for a WorkCover insurance policy must be calculated in accordance with the relevant premiums order. S. 17(2) repealed by No. 81/1998 s. 10(2), new s. 17(2) inserted by No. 80/2010 s. 139. (2) If an employer is deemed to have in force a policy of insurance under section 7(3A), the premium payable by the employer for that insurance policy must be calculated in accordance with the relevant premiums order for that period. S. 17A inserted by No. 9/2010 s. 104. 17A Authority may serve notice of premium (1) The Authority may serve on an employer a notice of premium payable by an employer. (2) The Authority may include a notice of penalty in any notice of premium served on an employer under subsection (1). S. 18 substituted by No. 60/1996 s. 31. 18 Estimate of rateable remuneration
S. 20(3) repealed by No. 9/2010 s. 182(3). * * * * * S. 21 amended by Nos 81/1998 s. 11(3), 9/2010 s. 105 (ILA s. 39B(1)). 21 Adjustment of premium s. 21 (1) If the Authority considers that the premium payable by an employer should be adjusted because the circumstances specified in subsection (1) or (2) of section 20 apply, the Authority may serve a notice of adjusted premium on the employer. S. 21(2) inserted by No. 9/2010 s. 105(2). (2) The Authority may include a notice of penalty in any notice of adjusted premium served on an employer under subsection (1). S. 21A inserted by No. 9/2010 s. 106. 21A Premium notices in respect of deemed policy periods (1) Subject to subsection (2), the Authority may serve a notice of premium on an employer in respect of a policy period, or part of a policy period, for which the employer has been deemed to hold a policy of insurance for under section 7(3A). (2) A notice under this section may be in respect of the premium for one or more of the following policy periods or parts thereof— (a) the latest policy period for which the employer is deemed to have been insured or a part of that policy period; (b) up to 4 completed policy periods immediately preceding the latest deemed policy period;
If an employer fails to provide an estimate when required to do so under section 18, or the Authority considers that an estimate provided by the employer is incorrect, the Authority may— (a) assess the amount of rateable remuneration paid or payable by the employer; and (b) calculate the premium payable by the employer; and (c) serve a notice on the employer specifying the amount of premium payable. 25 Default penalty s. 25 S. 25(1) amended by Nos 7/1996 s. 55(1)(c), 81/1998 s. 11(7). (1) If— S. 25(1)(a) amended by Nos 7/1996 s. 55(1)(a), 82/2001 s. 26(b). (a) an employer does not comply with section 18 or 20 or a notice received under section 23(1) or 23(2); or (b) an employer provides an incorrect statement under section 23; or S. 25(1)(c) amended by No. 7/1996 s. 55(1)(b). (c) the amount specified in a certified statement of rateable remuneration under section 23(1) or assessed under section 23(4) is more than 20 per cent or such other percentage as is prescribed higher than the previous estimate of rateable remuneration (if any) provided by the employer— the employer is upon being served by the Authority with a notice under this section, liable to pay in addition to the difference between the premium that should have been payable by the employer and the premium calculated on the basis of the employer's rateable remuneration
previously estimated, assessed or certified, as the case requires a default penalty of an amount equal to that difference. (2) A default penalty under subsection (1) is due and payable within 28 days of the date of the notice. S. 25(3) substituted by No. 7/1996 s. 55(2). (3) The Authority may remit the whole or any part of any default penalty imposed under this section. S. 25(4) inserted by No. 7/1996 s. 55(2), repealed by No. 81/1998 s. 11(8). * * * * * 26 Payment of premiums s. 26 S. 26(1) substituted by No. 102/2004 s. 45(1). (1) The premium payable by an employer for a WorkCover insurance policy is payable in accordance with the relevant premiums order. S. 26(2) repealed by No. 102/2004 s. 45(2). * * * * * S. 26(3) substituted by No. 81/1998 s. 11(9), repealed by No. 102/2004 s. 45(2). * * * * * S. 26(4) amended by No. 81/1998 s. 11(10), substituted by No. 82/2001 s. 29. (4) The Authority may, by notice in writing to the employer, adjust the amount of the premium so that the amount is the amount calculated in accordance with the relevant premiums order.
New s. 27 inserted by No. 82/2001 s. 30, amended by No. 40/2004 s. 6, repealed by No. 9/2010 s. 109. * * * * * New s. 28 inserted by No. 82/2001 s. 30, amended by No. 40/2004 s. 7, repealed by No. 9/2010 s. 109. * * * * * Ss 28A, 28B inserted by No. 40/2004 s. 8, repealed by No. 9/2010 s. 109. * * * * * New s. 29 inserted by No. 82/2001 s. 30. 29 Notice of adjustment s. 29 S. 29(1) amended by Nos 40/2004 s. 9, 9/2010 s. 110(1). (1) A notice to an employer under section 26(4) or 36M(2) must state the amount of premium that is payable, or that should have been paid, for the relevant period. (2) On the giving of the notice to the employer, the amount stated under subsection (1) becomes the premium payable by the employer. New s. 30 inserted by No. 82/2001 s. 30, amended by No. 9/2010 s. 110(2). 30 Exercise of review and adjustment powers The Authority may exercise its powers under sections 26, 33, 36L and 36M regardless of whether or not—
S. 57(4) substituted by No. 50/1994 s. 98. (4) Except as provided in this Part, Division 3 of Part IV of the Accident Compensation Act 1985 applies in relation to the determination and management of the claim. S. 57(5) inserted by No. 7/1996 s. 57, repealed by No. 9/2010 s. 186(2). * * * * * 58 Registration of section 55(2)(a) employer s. 58 (1) An employer to whom section 55(2)(a) applies must apply to the Authority to be registered and must submit the registration fee fixed in the premiums order. S. 58(2) amended by No. 9/2010 s. 115. (2) An employer who fails to comply with subsection (1) may be required to reimburse the Authority for any compensation paid in respect of an injured worker under the Uninsured Employers and Indemnity Scheme under section 61(1). 59 Claims against section 55(2)(b) or 55(2)(c) employers s. 59 (1) A claim for compensation against an employer who— (a) cannot be identified after the claimant has taken reasonable steps to identify the relevant employer; or (b) cannot be found after the claimant has taken reasonable steps to find the employer or the employer is dead or has been wound up and who was not the holder of a WorkCover insurance policy at the time of the injury or death— may be lodged with the Authority.
S. 63 amended by Nos 50/1994 s. 90(1), 81/1998 s. 15 (ILA s. 39B(1)). 63 Transfer of Authority's liability s. 63 (1) The liability of the Authority in respect of injuries to a worker arising out of or in the course of or due to the nature of employment after 4 p.m. on 31 August 1985 but before 4 p.m. on 30 June 1993 under the Accident Compensation Act 1985 to pay compensation or as an insurer under that Act is by virtue of this section transferred to authorised insurers on the following basis— S. 63(1)(a) amended by No. 50/1994 s. 90(1). (a) to the authorised insurer which has issued or renewed the current WorkCover insurance policy of an employer, if the injury to the worker arose out of or in the course of or due to the nature of employment with that employer after 4 p.m. on 31 August 1985 but before 4 p.m. on 30 June 1993; (b) if paragraph (a) does not apply, to an authorised insurer determined by the Authority. S. 63(2) inserted by No. 81/1998 s. 15. (2) The liability transferred to authorised insurers under subsection (1) and held by authorised insurers immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is by virtue of this section transferred to the Authority. S. 64 substituted by No. 81/1998 s. 16. 64 Transfer of rights, obligations and liabilities The liability of an authorised insurer to indemnify an employer under a WorkCover insurance policy and the rights, obligations and liabilities of the authorised insurer under the WorkCover insurance policy are by virtue of this section transferred to the Authority. 65 Reciprocal agreements s. 65
S. 66A(3A) inserted by No. 9/2010 s. 117. (3A) If the Authority has been paid premium in excess of what is payable by an employer who is a member of a group within the meaning of section 66, the Authority may offset some or all of that excess against any premium owed by another employer who is a member of that group. (4) In this section person includes a body or association (corporate or unincorporate) and a partnership. S. 67 repealed by No. 40/2004 s. 14. * * * * * 68 Recovery of premium or penalty s. 68 S. 68(1) amended by No. 81/1998 s. 17. (1) This section is in addition to and not in derogation from the rights of recovery by the Authority under a WorkCover insurance policy. S. 68(2) amended by No. 80/2010 s. 146(1). (2) Any premium or penalty imposed by or under this Act and which is unpaid may be sued for and recovered— (a) irrespective of the amount of the premium or penalty, in the Magistrates' Court; or (b) in any other court of competent jurisdiction— by the Authority suing in the name of the Authority or by a person employed in the administration of this Act and authorised to sue for and recover premium or penalty on behalf of the Authority suing in the name of the Authority. S. 68(2A) inserted by No. 9/2010 s. 188. (2A) For the purposes of section 5 of the Limitations of Actions Act 1958, the date on which a cause of action accrues in respect of the recovery of a premium or penalty imposed under this Act is—
Compensation Amendment Act 2010 to alter or vary section 85 of the Constitution Act 1975. Pt 7 Div. 2 (Heading and ss 78–91) inserted by No. 9/2010 s. 193. Division 2—Accident Compensation Amendment Act 2010 New s. 78 inserted by No. 9/2010 s. 193. 78 Definitions (1) In this Division— amending Act means the Accident Compensation Amendment Act 2010; amending provision means a provision of the amending Act specified in a section of this Division; commencement date means the date on which the amending provision comes into operation. (2) Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984. New s. 79 inserted by No. 9/2010 s. 193. 79 Section 3(1) (Estimated future claim cost) s. 78 The definition of estimated future claim cost in section 3(1), as amended by section 100 of the amending Act, applies only in respect of notices of premium served on or after the commencement date. New s. 80 inserted by No. 9/2010 s. 193 (as amended by No. 80/2010 s. 150). 80 Section 7 (Compulsory WorkCover Insurance) (1) Section 7, as amended by section 101(1) of the amending Act, applies in respect of injuries to
Transport Accident and Accident Compensation Acts Amendment Act 2007, No. 60/2007 Assent Date: 27.11.07 Commencement Date: Ss 30–32 on 19.9.07: s. 2(4) : This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation Amendment Act 2010, No. 9/2010 (as amended by No. 80/2010) Assent Date: 23.3.10 Commencement Date: Ss 192, 193 on 24.3.10: s. 2(1); ss 178–190 on 5.4.10: s. 2(7); ss 100–120 on 1.7.10: s. 2(8) : This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 Endnotes Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010 Assent Date: 19.10.10 Commencement Date: Ss 136, 137, 139–141, 143, 144, 148, 149 on 1.7.10: s. 2(4); ss 131, 135, 142, 145–147 on 20.10.10: s. 2(1); ss 132–134, 138 on 1.7.11: s. 2(6) : This information relates only to the provision/s amending the Accident Compensation (WorkCover Insurance) Act 1993 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Explanatory Details Endnotes