Accident Compensation (Amendment) Act 1998FILE/98-081a.pdfi Accident Compensation (Amendment) Act 1998 Act No. 81/1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose

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Accident Compensation (Amendment) Act 1998 Act No. 81/1998

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1 2. Commencement 2

PART 2—AMENDMENT OF ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 3

3. Purpose 3 1. Purpose 3

4. Definitions 3 5. Compulsory WorkCover insurance 4 6. WorkCover insurance policy 4 7. Sections 10 and 11 substituted 5

10. Issue and renewal of WorkCover insurance policies 5 8. Evidence that employer has WorkCover insurance policy 6 9. Employer ceasing to exist 6 10. Premiums order 6 11. Rateable remuneration and premiums 6 12. Licensing provisions 8 13. Section 42 substituted 8

42. Payment of premiums 8 14. Funds and Scheme 9 15. Amendment of section 63 9 16. Section 64 substituted 9

64. Transfer of rights, obligations and liabilities 9 17. Recovery of premium or penalty 10 18. New Part 7 inserted 10

PART 7—SAVING AND TRANSITIONAL 10

73. Authority is successor in law 10 74. Transitional provisions 10 75. Cancellation of licences 12 76. Re-insurance arrangements 13 77. Supreme Court—limitation of jurisdiction 13

Section Page

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PART 3—AMENDMENT OF ACCIDENT COMPENSATION ACT 1985 14

19. Consequential amendments 14 20. Functions and powers of the Authority 15

23A. Existing authorised insurers 16 21. WorkCover Authority Fund 18 22. Dispute resolution 19 23. Payment of Compensation 20 24. Settlements 22 25. Other compensation provisions 22 26. General provisions 24

PART 4—MISCELLANEOUS AMENDMENTS 26

27. Medical panels 26 28. Amendment of section 93C 26 29. Co-ordinated care programs 27 30. Settlements 27 31. Self-insurers 27

143A. Claims management 27 32. Amendment to unproclaimed provisions 28 33. Amendments in relation to Petroleum Act 1998 28 34. Statute law revision 28 35. Incorrect amendments repealed 29

═══════════════

NOTES 30

1

Accident Compensation (Amendment) Act 1998†

[Assented to 17 November 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Accident Compensation (WorkCover Insurance) Act 1993 and the Accident Compensation Act 1985 and certain other Acts.

Victoria

No. 81 of 1998

Act No. 81/1998

Accident Compensation (Amendment) Act 1998

2

2. Commencement

(1) Part 1 and Part 4 (other than sections 29(2), 32 and 35) and section 20(5) come into operation on the day on which this Act receives the Royal Assent.

(2) Section 35 is deemed to have come into operation on 26 May 1998.

(3) Subject to sub-section (4), Parts 2 and 3 (other than section 20(5)) and section 32 come into operation on a day to be proclaimed.

(4) If a provision referred to in sub-section (3) does not come into operation before 30 June 1999, it comes into operation at 4 p.m. on 30 June 1999.

(5) Section 29(2) comes into operation on a day to be proclaimed being a day on or after 1 July 2000 but before 31 December 2000.

(6) If section 29(2) does not come into operation before 31 December 2000, it is repealed on 31 December 2000.

_______________

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PART 2—AMENDMENT OF ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993

3. Purpose

For section 1 of the Accident Compensation (WorkCover Insurance) Act 1993 substitute—

"1. Purpose

The purpose of this Act is to provide for compulsory WorkCover insurance for employers under WorkCover insurance policies and the payment of premiums for WorkCover insurance policies.".

4. Definitions

In section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) for the definition of "authorised insurer" substitute—

' "authorised insurer" means an insurer who was the holder of a licence under Part 3 as in force immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998;

"authorised agent" has the same meaning as it has in section 5(1) of the Accident Compensation Act 1985;'.

(b) in the definition of "former authorised insurer" for "or suspension" substitute ", suspension or operation of law";

(c) in the definition of "policy period" omit "by an authorised insurer in accordance with guidelines issued";

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(d) the definition of "statutory fund" is repealed;

(e) in the definition of "WorkCover insurance policy" omit "by an authorised insurer".

5. Compulsory WorkCover insurance

(1) In section 7(1)(a) of the Accident Compensation (WorkCover Insurance) Act 1993 for "an authorised insurer" substitute "the Authority".

(2) In section 7(4A) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "with the authorised insurer of the Department of Education".

(3) In section 7(4C) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "with the authorised insurer of the Transport Accident Commission".

(4) After section 7(7) of the Accident Compensation (WorkCover Insurance) Act 1993 insert—

"(8) A WorkCover insurance policy issued or deemed to have been issued before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is deemed to have been issued under this Act as amended by Part 2 of the Accident Compensation (Amendment) Act 1998.".

6. WorkCover insurance policy

In section 9 of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) in sub-section (2) for "policy of insurance" substitute "WorkCover insurance policy";

(b) in sub-sections (2)(a) and (2)(b) for "authorised insurer" substitute "Authority";

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(c) in sub-section (3) for "policy of insurance of an authorised insurer" substitute "WorkCover insurance policy of the Authority";

(d) sub-sections (4) and (5) are repealed.

7. Sections 10 and 11 substituted

For sections 10 and 11 of the Accident Compensation (WorkCover Insurance) Act 1993 substitute—

"10. Issue and renewal of WorkCover insurance policies

(1) A person, other than the Authority, must not issue or renew a WorkCover insurance policy or a purported WorkCover insurance policy.

Penalty: 100 penalty units.

(2) Subject to sub-section (3), the Authority must not refuse to issue a WorkCover insurance policy to an employer or to renew a WorkCover insurance policy issued to an employer.

(3) Sub-section (2) does not apply in any case where—

(a) the employer has not complied with any conditions prescribed by this Act or the regulations in respect of the issue or renewal of a WorkCover insurance policy; or

(b) the employer has persistently failed to pay, or to pay when due and payable, premium or adjusted premium for a WorkCover insurance policy.".

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8. Evidence that employer has WorkCover insurance policy

In section 13 of the Accident Compensation (WorkCover Insurance) Act 1993 for "a specified authorised insurer" substitute "either a specified authorised insurer or the Authority".

9. Employer ceasing to exist

In section 14 of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) in sub-section (2)(a) after "declaration" insert "or with the Authority";

(b) in sub-section (3) after "of the worker" insert "or between the Authority and the employer of the worker".

10. Premiums order

(1) At the end of section 15 of the Accident Compensation (WorkCover Insurance) Act 1993 insert—

"(2) The Governor in Council may on the recommendation of the Authority by Order in Council amend a premiums order which is in force under sub-section (1) to insert provisions of a savings and transitional nature consequent on the enactment of the Accident Compensation (Amendment) Act 1998, including provisions providing for the construction of the premiums order.

(3) An Order in Council made under sub-section (2) has effect from the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998.".

(2) Section 17(2) of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

11. Rateable remuneration and premiums

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(1) In section 18 of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) for sub-section (1)(a) substitute—

"(a) an employer receives a notice from the Authority; and";

(b) in sub-section (1) for "the authorised insurer" substitute "the Authority";

(c) for sub-section (2)(a) substitute—

"(a) an employer receives a notice from the Authority; and";

(d) in sub-section (2) for "the authorised insurer" substitute "the Authority".

(2) In sections 20(1) and 20(2) of the Accident Compensation (WorkCover Insurance) Act 1993 for "authorised insurer" substitute "Authority".

(3) In section 21 of the Accident Compensation (WorkCover Insurance) Act 1993 omit "or the authorised insurer" (where twice occurring).

(4) In section 22 of the Accident Compensation (WorkCover Insurance) Act 1993 for "authorised insurer" substitute "Authority".

(5) Section 22A of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

(6) In section 23(1) of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) for "An authorised insurer" substitute "The Authority";

(b) for "the authorised insurer" substitute "the Authority".

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(7) In section 25(1) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "or the authorised insurer".

(8) Section 25(4) of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

(9) For section 26(3) of the Accident Compensation (WorkCover Insurance) Act 1993 substitute—

"(3) The Authority may defer the payment of the whole or part of the premium to a date or dates after the commencement of the policy period.".

(10) In section 26(4) of the Accident Compensation (WorkCover Insurance) Act 1993 omit "or the authorised insurer".

12. Licensing provisions

(1) Sections 27 to 36, 38, 40 and 41 of the Accident Compensation (WorkCover Insurance) Act 1993 are repealed.

(2) In section 39 of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) in sub-section (1) for "an authorised insurer or" substitute "a";

(b) for "the authorised insurer or" (wherever occurring) substitute "the".

13. Section 42 substituted


"42. Payment of premiums

An employer must pay any premium under a WorkCover insurance policy direct to the Authority or where appropriate to an authorised agent.

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Penalty: 50 penalty units.".

14. Funds and Scheme

(1) Part 4 of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

(2) Section 56 of the Accident Compensation (WorkCover Insurance) Act 1993 is repealed.

(3) In section 59A of the Accident Compensation (WorkCover Insurance) Act 1993 for "Uninsured Employers and Indemnity Fund" substitute "Authority".

(4) In section 61(1) of the Accident Compensation (WorkCover Insurance) Act 1993—

(a) omit "or" after paragraph (a);

(b) paragraph (b) is repealed.

15. Amendment of section 63

At the end of section 63 of the Accident Compensation (WorkCover Insurance) Act 1993 insert—

"(2) The liability transferred to authorised insurers under sub-section (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.".

16. Section 64 substituted


"64. Transfer of rights, obligations and liabilities

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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.".

17. Recovery of premium or penalty

In section 68(1) of the Accident Compensation (WorkCover Insurance) Act 1993 for "an authorised insurer" substitute "the Authority".

18. New Part 7 inserted

After Part 6 of the Accident Compensation (WorkCover Insurance) Act 1993 insert—

"PART 7—SAVING AND TRANSITIONAL

73. Authority is successor in law

For the purposes of this Act and the Accident Compensation Act 1985, the Authority is the successor in law of an authorised insurer.

74. Transitional provisions

Without limiting section 73, for the purposes of this Act and the Accident Compensation Act 1985—

(a) anything of a continuing nature done, commenced or made by or in relation to an authorised insurer under this Act or the Accident Compensation Act 1985 before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 may be done, enforced or completed by or in relation to the Authority;

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(b) anything of a continuing nature done, commenced or made by or in relation to a WorkCover insurance policy or a claim for compensation by an authorised insurer under this Act or the Accident Compensation Act 1985 before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 may be done, enforced or completed by the Authority;

(c) the Authority is substituted for an authorised insurer as a party in any proceedings or dispute to which the authorised insurer was a party under this Act or the Accident Compensation Act 1985 pending or existing in any court, tribunal, conciliation or Medical Panel before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 and the Authority has the same rights in the proceedings or dispute as the authorised insurer had;

(d) on and after the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998, any reference in any Act, regulation, contract, WorkCover insurance policy, application, notice, claim, statement, offer, referral, determination, decision order or other document to an authorised insurer, is to the extent that the reference relates to any act, matter or thing under this Act or the Accident Compensation Act 1985, to be

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construed as a reference to the Authority;

(e) all WorkCover insurance policies are deemed to have been issued or renewed by the Authority and all acts or things done or omitted to be done by the Authority under a WorkCover insurance policy issued or renewed by an authorised insurer shall be as valid and effectual and have the same consequences as if those acts or things had been done or omitted to be done by the authorised insurer.

75. Cancellation of licences

(1) Any licence in force under Part 3 immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is by virtue of this section cancelled.

(2) Any right or privilege acquired or accrued against the State of Victoria or the Authority in respect of a licence cancelled by this section is extinguished, despite anything to the contrary in section 14(2) of the Interpretation of Legislation Act 1984.

(3) Despite any Act or law to the contrary, the State of Victoria and the Authority are not liable in any way for any loss, damage or injury whatsoever resulting from the cancellation of a licence under this section.

(4) Except as otherwise provided in this section, the cancellation of a licence under this section does not affect any rights, obligations and liabilities accrued or incurred before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998.

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76. Re-insurance arrangements

(1) Any re-insurance arrangement in force under section 34 immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998 is by virtue of this section terminated.

(2) Despite any Act or law to the contrary, the State of Victoria and the Authority are not liable in any way for any loss, damage or injury whatsoever resulting from the termination of a re-insurance arrangement under this section.

(3) The termination of a re-insurance arrangement under this section does not affect any rights, obligations and liabilities accrued or incurred before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998.

77. Supreme Court—limitation of jurisdiction

It is the intention of sections 75 and 76 to alter or vary section 85 of the Constitution Act 1975.".

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PART 3—AMENDMENT OF ACCIDENT COMPENSATION ACT 1985

19. Consequential amendments

(1) In section 5(1) of the Accident Compensation Act 1985—

(a) the definition of "authorised insurer" is repealed;

(b) in the definition of "medical service", in paragraph (e) omit "or authorised insurer" (where twice occurring);

(c) in the definition of "notional earnings", in paragraph (b) omit ", authorised insurer" (where twice occurring);

(d) after the definition of "Tribunal" insert—

' "Uninsured Employers and Indemnity Scheme" means the scheme established under section 55 of the Accident Compensation (WorkCover Insurance) Act 1993;';

(e) after the definition of "weekly payment" insert—

' "WorkCover insurance policy" has the same meaning as it has in section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993;'.

(2) In sections 5D(1), 5D(4), 5E, 9(1), 9(4) and 10(2) of the Accident Compensation Act 1985 omit "or authorised insurer" (wherever occurring).

(3) In section 10A(6) of the Accident Compensation Act 1985—

(a) in paragraph (a) for "policy of insurance" substitute "WorkCover insurance policy";

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(b) in paragraph (b) for "by the principal contractor's insurer" substitute "in accordance with the principal contractor's WorkCover insurance policy";

(c) in paragraph (c) omit "to the insurer";

(d) for "pay the insurer" substitute "pay the Authority".

(4) In section 10A(7) of the Accident Compensation Act 1985 for "policy of insurance" substitute "WorkCover insurance policy".

(5) Section 10A(8) of the Accident Compensation Act 1985 is repealed.

20. Functions and powers of the Authority

(1) In section 20(1) of the Accident Compensation Act 1985—

(a) for paragraph (b) substitute—

"(aa) receive and assess and accept or reject claims for compensation;

(b) pay compensation to persons entitled to compensation under this Act;";

(b) for paragraph (f) substitute—

"(f) provide insurance for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993;";

(c) for paragraph (g) substitute—

"(g) defend actions against employers under this Act and at common law;

(ga) determine, collect and recover premiums payable for WorkCover insurance policies issued in accordance

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with the Accident Compensation (WorkCover Insurance) Act 1993;";

(d) in paragraph (p) omit ", authorised insurers".

(2) For section 20A(3) of the Accident Compensation Act 1985 substitute—

'(3) For the purposes of sub-section (2), "accident insurance" means insurance under and for the purposes of this Act and the Accident Compensation (WorkCover Insurance) Act 1993 and is not limited by reference to the practices, usages, form and procedure for the time being followed by other persons engaged in the general business of insurance.'.

(3) In section 23(1) of the Accident Compensation Act 1985 after "Act" insert "or the Accident Compensation (WorkCover Insurance) Act 1993".

(4) For section 23(4) of the Accident Compensation Act 1985 substitute—

"(4) An authorised agent must not contravene or fail to comply with—

(a) the terms and conditions specified in the instrument of appointment; or

(b) any directions given to the authorised agent under sub-section (2)(b).

Penalty: 50 penalty units for a first offence;

100 penalty units for a second or subsequent offence.".

(5) After section 23 of the Accident Compensation Act 1985 insert—

"23A. Existing authorised insurers

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(1) The Authority must before the commencement of section 12 of the Accident Compensation (Amendment) Act 1998 offer to each corporation who is the holder of a licence to be an authorised insurer under the Accident Compensation (WorkCover Insurance) Act 1993 immediately before the commencement of section 20(5) of the Accident Compensation (Amendment) Act 1998 an appointment as an authorised agent under section 23 in accordance with this section.

(2) The instrument of appointment must—

(a) provide that the corporation is authorised to act on behalf of the Authority in the issuing of WorkCover insurance policies, the collection of premiums and the administration of claims, subject to such terms, conditions and limitations as are specified;

(b) subject to any termination provisions, be for a minimum period equal to the unexpired term of the licence held by the corporation as at the commencement of section 12 of the Accident Compensation (Amendment) Act 1998;

(c) contain terms and conditions as to remuneration which are certified by the Minister as being no less favourable than the terms and conditions as to remuneration which apply in relation to the licence to be an authorised insurer;

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(d) include any other terms and conditions required for the purposes of section 23.".

21. WorkCover Authority Fund

(1) After section 32(2) of the Accident Compensation Act 1985 insert—

"(2A) The following funds established under the Accident Compensation (WorkCover Insurance) Act 1993 as in force immediately before the commencement of Part 2 of the Accident Compensation (Amendment) Act 1998—

(a) the statutory funds of authorised insurers;

(b) the Uninsured Employers and Indemnity Fund—

become, on that commencement, part of the WorkCover Authority Fund and any money authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior to that commencement to be paid into those funds or any payments authorised by the Accident Compensation (WorkCover Insurance) Act 1993 prior to that commencement to be paid out of those funds must be paid into or may be paid out of the WorkCover Authority Fund.".

(2) For section 32(3)(fa) of the Accident Compensation Act 1985 substitute—

"(fa) premiums received for WorkCover insurance policies;

(fb) any other amount or penalty paid in connection with WorkCover insurance policies;

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(fc) registration fees paid under section 58 of the Accident Compensation (WorkCover Insurance) Act 1993;

(fd) any amount recovered or penalty received from uninsured employers;

(fe) any amount recovered in relation to claims against the Uninsured Employers and Indemnity Scheme;".

(3) For sections 32(4)(ha) and 32(4)(hb) of the Accident Compensation Act 1985 substitute—

"(ha) any payment arising under or in connection with a WorkCover insurance policy;

(hb) any payment towards a claim against the Uninsured Employers and Indemnity Scheme;

(hc) any payment of costs and expenses in relation to a claim against the Uninsured Employers and Indemnity Scheme;

(hd) any payment of expenses incurred by or on behalf of the Authority in administering the Uninsured Employers and Indemnity Scheme;".

22. Dispute resolution

In the Accident Compensation Act 1985—

(a) in sections 39(1)(a), 45(4), 50, 59(3), 59(5), 59(8), 59(9), 67 and 68 omit ", authorised insurer" (wherever occurring);

(b) in section 46(1) omit "or authorised insurer" (wherever occurring);

(c) in section 53, for the definition of "dispute" substitute—

' "dispute" means a dispute in connection with a claim for compensation between

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the person who makes or has made the claim and any one or more of the following—

(a) the employer (not being a self-insurer or a subsidiary of a self-insurer) of the relevant worker;

(b) where the compensation is or may be payable by the Authority, the Authority;

(c) where the compensation is or may be payable by a self-insurer, that self-insurer.'.

23. Payment of Compensation

In the Accident Compensation Act 1985—

(a) in sections 85(6), 87(3), 88(3), 92C(1), 92C(7), 93B(5), 93C, 93CC(1), 93CC(4), 97, 99, 99AAA, 99A, 102(6), 103, 104, 104B, 105(3), 114(6) and 123A omit ", authorised insurer" (wherever occurring);

(b) in sections 87(2), 93A(3), 93B(2), 93CA(3), 93CB(3), 93CC(3) and 99(5) omit "or authorised insurer" (wherever occurring);

(c) in sections 93CD(2), 99AAA(1) and 107 omit ", an authorised insurer" (wherever occurring);

(d) in section 96(5) omit "an authorised insurer or";

(e) in sections 96A(4) and 96A(5) omit "to the relevant authorised insurer or, if there is no relevant authorised insurer,";

(f) for section 101(1)(b) substitute—

"(b) if an authorised agent is responsible for managing claims under the Act against

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the employer, the name of the authorised agent; and";

(g) in section 106(1) omit "the relevant authorised insurer or, if there is no relevant authorised insurer,";

(h) in section 106(3) for "relevant authorised insurer" substitute "Authority";

(i) in section 108(1) omit "to its authorised insurer or, if there is no current authorised insurer,";

(j) in section 108(3) omit "to the authorised insurer, or, if there is no current authorised insurer,";

(k) in sections 108(5) and 114F(2) omit "an authorised insurer or";

(l) in section 108(5) for "authorised insurer or the Authority (as the case may be)" substitute "Authority";

(m) in sections 109(1), 114E(1)(e) and 114F(1) omit "an authorised insurer," (wherever occurring);

(n) in section 109(1) omit "the authorised insurer,";

(o) in sections 110(1), 110(2), 111(1), 111(3), 112(1), 113(1), 113(2), 113(3), 114(1), 114(2), 114(3), 114(11), 114(12) 114A(1), 114B(1), 114C, 114E(1)(a) omit "authorised insurer," (wherever occurring);

(p) in section 114D(1) for "authorised insurer or Authority unless the authorised insurer or" substitute "Authority unless";

(q) in section 114D(2), 114D(3), 114D(4), 114D(5), 114D(10) omit "authorised insurer or" (wherever occurring);

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(r) in section 114E(2) omit "the authorised insurer or, where applicable,";

(s) in section 114F(2) omit "the authorised insurer or".

24. Settlements

(1) In section 115(4)(b) of the Accident Compensation Act 1985—

(a) in sub-paragraph (iv) for "employer's authorised insurer" substitute "Authority";

(b) in sub-paragraph (v) for "authorised insurer" substitute "Authority".

(2) Section 115A of the Accident Compensation Act 1985 is repealed.

(3) In section 128 of the Accident Compensation Act 1985—

(a) in sub-section (1) omit ", the authorised insurer" (wherever occurring);

(b) in sub-section (2) omit "or the authorised insurer";

(c) in sub-section (2) omit "or authorised insurer".

25. Other compensation provisions

(1) In section 123(1) of the Accident Compensation Act 1985 omit "the authorised insurer, or if the claim is being administered by the Authority under Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993,".

(2) For section 123(2) of the Accident Compensation Act 1985 substitute—

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"(2) If a person who has been receiving weekly payments directly from the Authority returns to any work (whether as a worker or otherwise), the person must immediately notify the Authority of the return to work.".

(3) In section 127 of the Accident Compensation Act 1985 for "authorised insurer" (wherever occurring) substitute "Authority".

(4) In sections 129(5), 129A (definition of "contribution injury") and 129B(1) of the Accident Compensation Act 1985 after "Accident Compensation (WorkCover Insurance) Act 1993" insert "or under a WorkCover insurance policy under that Act".

(5) In section 129D(4) of the Accident Compensation Act 1985 omit "or in the case of the Authority, in the possession or control of an authorised insurer".

(6) In section 129N (in the definition of "common law insurer") of the Accident Compensation Act 1985 omit "or an authorised insurer within the meaning of the Accident Compensation (WorkCover Insurance) Act 1993".

(7) In section 129O(1) of the Accident Compensation Act 1985 omit "an authorised insurer or the Authority is liable to indemnify a defendant in whole or in part".

(8) Section 129O(3) of the Accident Compensation Act 1985 is repealed.

(9) In sections 135A, 135B(4), 135B(6) and 138(1) of the Accident Compensation Act 1985 omit ", authorised insurer" (wherever occurring).

(10) In sections 135A(18), 135A(18A), 135C(7) and 138(1) of the Accident Compensation Act 1985

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omit ", an authorised insurer" (wherever occurring).

(11) In section 138(3)(b) of the Accident Compensation Act 1985 omit ", the authorised insurer".

(12) Division 10 of Part IV of the Accident Compensation Act 1985 is repealed.

26. General provisions

(1) In sections 162(1), 184(1), 184(3), 184(4), 188(1) and 242(3)(b)(iii) of the Accident Compensation Act 1985 omit ", authorised insurer" (wherever occurring).

(2) In sections 184(1) and 184(4) of the Accident Compensation Act 1985 omit ", an authorised insurer" (wherever occurring).

(3) In section 185(1) of the Accident Compensation Act 1985 for "authorised insurers" substitute "the agent who is the subject of the relevant notification".

(4) In section 185(6) of the Accident Compensation Act 1985 omit "authorised insurers and".

(5) In sections 238(1) and 239A of the Accident Compensation Act 1985 omit "or an authorised insurer" (wherever occurring).

(6) In section 246(1) of the Accident Compensation Act 1985 for ", self-insurer or authorised insurer" substitute "or a self-insurer".

(7) In section 247 of the Accident Compensation Act 1985—

(a) omit "or authorised insurer" (where first, thirdly and fourthly occurring);

(b) for "authorised insurer" (where secondly occurring) substitute ", if an authorised

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agent is acting on behalf of the Authority in the relevant matter, at the office of the authorised agent,".

(8) In section 249A of the Accident Compensation Act 1985 omit "or authorised insurer" (wherever occurring).

(9) In section 249B of the Accident Compensation Act 1985 omit "authorised insurers," (wherever occurring).

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PART 4—MISCELLANEOUS AMENDMENTS

27. Medical panels

For section 63(4) of the Accident Compensation Act 1985 substitute—

"(4) A panel constituted after the commencement of section 27 of the Accident Compensation (Amendment) Act 1998 is to consist of the number of members not exceeding 5 as is determined by the Convenor of the Medical Panels in each particular case.

(4A) Sub-section (4) as in force before the commencement of section 27 of the Accident Compensation (Amendment) Act 1998 continues to apply in respect of a panel constituted before that commencement.".

28. Amendment of section 93C

(1) For section 93C(2) of the Accident Compensation Act 1985 substitute—

"(2) Sections 93CA to 93CC only apply in respect of a claim for weekly payments specified in sub-section (1) to the extent necessary to give effect to this section.

(2A) The procedure specified in section 93CD applies in respect of a claim for weekly payments specified in sub-section (1) as if sub-sections (1) to (4) of that section were incorporated in this section with such modifications as are necessary".

(2) For section 93C(5)(c)(iii) of the Accident Compensation Act 1985 substitute—

"(iii) if the Authority or self-insurer makes a determination in accordance with sub-section (2A) that the worker's entitlement to weekly

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payments does not cease, the rate specified in section 93B(1)(c).".

(3) For section 93C(11)(b)(iii) of the Accident Compensation Act 1985 substitute—

"(iii) if the Authority or self-insurer makes a determination in accordance with sub-section (2A) that the worker's entitlement to weekly payments does not cease, the rate specified in section 93B(1)(c).".

29. Co-ordinated care programs

(1) In section 99AAA of the Accident Compensation Act 1985—

(a) in sub-section (12) for "31 December 1998" substitute "31 December 2000";

(b) in sub-section (13) for "1 January 1999" substitute "1 January 2001".

(2) In section 99AAA of the Accident Compensation Act 1985, sub-sections (12) and (13) are repealed.

30. Settlements

In section 115(2) of the Accident Compensation Act 1985 after "(as the case may be)" insert "in accordance with guidelines (if any) issued by the Authority for the purposes of this section".

31. Self-insurers

After section 143 of the Accident Compensation Act 1985 insert—

"143A. Claims management

(1) A self-insurer may appoint a person approved by the Authority to act as the self-insurer's agent in relation to the carrying out of the functions and powers of the self-insurer under Parts III and IV.

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(2) Nothing in this section or any arrangement entered into under this section affects the liability of a self-insurer under this Act.".

32. Amendment to unproclaimed provisions

(1) In section 14 of the Accident Compensation (Further Amendment) Act 1996 in proposed section 98B(9) omit ", authorised insurer" (wherever occurring).

(2) In section 38 of the Accident Compensation (Miscellaneous Amendment) Act 1997 in proposed section 98D(11) omit ", authorised insurer" (wherever occurring).

33. Amendments in relation to Petroleum Act 1998

After section 38(1) of the Occupational Health and Safety Act 1985 insert—

"(1A) The Authority may appoint any person who is employed in the Department of Natural Resources and Environment under the Public Sector Management and Employment Act 1998 to be an inspector for the purposes of this Act in respect of activities carried out under the Petroleum Act 1998.".

34. Statute law revision

(1) In section 2(1) of the Accident Compensation (Further Amendment) Act 1996 omit ", 27".

(2) After section 2(3) of the Accident Compensation (Further Amendment) Act 1996 insert—

"(3A) Section 27 comes into operation on 25 December 1996."

(3) The Accident Compensation (Further Amendment) Act 1996 is deemed to have been enacted as amended by this section.

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35. Incorrect amendments repealed

In the Public Sector Reform (Miscellaneous Amendments) Act 1998, the provisions of Schedule 1 under the heading "Occupational Health and Safety Act 1985" are repealed.

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NOTES

† Minister's second reading speech—

Legislative Assembly: 8 October 1998

Legislative Council: 28 October 1998

The long title for the Bill for this Act was "to amend the Accident Compensation (WorkCover Insurance) Act 1993 and the Accident Compensation Act 1985 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:


Legislative Council: 28 October 1998

Absolute majorities:


Legislative Council: 10 November 1998

Notes

Documents

Accident Compensation (Amendment) Act 1998FILE/98-081a.pdfi Accident Compensation (Amendment) Act 1998 Act No. 81/1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose