Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   3A.     Act binds the Crown  
   4.      Application of Act  
   4A.     Interpretation  
   4AA.    Compensation for death of worker  
   5.      Definitions  
   5A.     Definition—pre-injury average weekly earnings  
   5AA.    Definitions applying to pre-injury average weekly earnings—relevant period  
   5AB.    Definitions applying to pre-injury average weekly earnings—ordinary earnings  
   5AC.    Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay  
   5AD.    Definitions applying to pre-injury average weekly earnings—earnings enhancement and enhancement period  
   5AE.    Definition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work  
   5B.     Definition—current weekly earnings  

   PART IV--PAYMENT OF COMPENSATION

   80.     Entitlement to compensation only if employment connected with Victoria  
   81.     Application to sailors  
   82.     Entitlement to compensation  
   82A.    Circumstances in which weekly payments are reduced because of conviction for drink-driving offence  
   82B.    Circumstances in which weekly payments are reduced because of conviction for drug-driving offence  
   82BA.   Circumstances in which weekly payments are reduced because of combined drink and drug driving offence  
   82C.    No entitlement to compensation where conviction for certain serious road traffic offences  
   82D.    Where conviction or finding of guilt overturned  
   83.     Out of or in the course of employment  
   84.     Compensation for workers injured outside Victoria  
   84B.    Person not to be compensated twice  
   85.     Entitlement to damages outside Victoria  
   86.     Compensation for disease due to employment  
   87.     Proclaimed diseases  
   88.     Compensation for industrial deafness  
   89.     Further diminution of hearing  
   90.     Effect of determination for industrial deafness  
   91.     Assessment of impairment  
   91A.    Determination of State with which worker's employment is connected in proceedings under this Act  
   91B.    Determination by County Court of State with which worker's employment is connected  
   91C.    Recognition of previous determinations  
   91D.    Determination may be made by consent  
   91E.    Definitions applicable to this Division  
   91EA.   Twice State average weekly earnings  
   92.     Compensation for death of a worker  
   92A.    Revised compensation for death of worker  
   92AA.   Reimbursement of expenses incurred by non-dependent family members of a deceased worker  
   92B.    Weekly pensions for dependants of worker who dies  
   92C.    Payment of weekly pensions  
   92D.    Provisional payment  
   93.     Compensation in weekly payments  
   93A.    Weekly payments in first entitlement period  
   93B.    Weekly payments in second entitlement period  
   93C.    Weekly payments after the second entitlement period  
   93CA.   Compensation for incapacity arising from surgery after second entitlement period  
   93CD.   Continuation of weekly payments after second entitlement period  
   93CDA.  Entitlement under section 93CD not affected by certain circumstances  
   93CE.   Compensation in the form of superannuation contributions  
   93E.    Injury after retirement  
   93EA.   Compensation for incapacity arising after retirement age  
   93F.    Compensation after retirement  
   96.     Effect of disability or other pensions and lump sums on weekly payments  
   96A.    Notification of entitlement to certain payments  
   97.     Provisions relating to the payment of compensation  
   98.     Compensation for maims  
   98A.    Compensation for pain and suffering  
   98C.    Compensation for non-economic loss  
   98D.    Payment of Compensation  
   98DA.   Effect of payment of compensation under section 98C or 98E  
   98E.    No Disadvantage—Compensation Table  
   99AAA.  Definitions  
   99.     Liability of Authority and self-insurer  
   99AA.   Medical and like services outside Australia  
   99AB.   Occupational rehabilitation services  
   99AC.   Modification of cars and homes  
   99AD.   Duration of compensation under this Division  
   99AE.   Termination of payment for professional services obtained fraudulently  
   99A.    Authority or self-insurer may pay for rehabilitation service  
   100.    Indexation—weekly payments  
   100A.   Indexation of weekly pensions for dependants of a worker who dies  
   100B.   Indexation of certain amounts—according to average weekly earnings  
   100C.   Indexation of certain amounts—consumer price index  
   100D.   Indexation—no reduction  
   100E.   Indexation—rounding  
   103.    Claim for compensation  
   103A.   Restriction on certain claims for compensation under sections 98 and 98A  
   104.    Claims for compensation under sections 98 and 98A  
   104AA.  Withdrawal of claims for compensation under sections 98 and 98A  
   104A.   Directions relating to claim for compensation under sections 98 and 98A  
   104B.   Claims for compensation under section 98C  
   106.    Lodging of claims with Authority in certain circumstances  
   110.    Application by worker to alter amount of weekly payments  
   114.    Termination or alteration of weekly payments  
   114AA.  Termination of compensation in the form of superannuation contributions  
   114A.   Reduction of weekly payments after the first entitlement period  
   114B.   Termination of weekly payments after expiry of entitlement period  
   114BA.  Notice of reduction of weekly payments  
   114C.   Time for payment  
   114D.   Payment of weekly payments  
   114E.   Outstanding weekly payments  
   114EA.  Outstanding superannuation contributions  
   114EB.  Alteration or termination of superannuation contributions  
   114F.   Recovery of payments  
   115.    Who this Subdivision applies to  
   115A.   Right to apply for settlement  
   115B.   Calculation of settlement amount  
   115C.   Procedure for assessment of impairment  
   115D.   Notice to worker  
   115E.   Existing assessments to be used  
   115F.   Transitional provision for workers who have had psychiatric impairment assessed  
   115G.   Transitional provisions for workers who have not had psychiatric impairment assessed  
   115H.   Certain workers may re-start section 98C claim  
   115I.   Continuation of existing claims  
   116.    Who this Subdivision applies to  
   116A.   Right to apply for settlement  
   116B.   Calculation of settlement amount  
   116C.   Order in Council concerning settlements  
   117.    Who this Subdivision applies to  
   117A.   Right to apply for settlement  
   117B.   Amount of settlement  
   118.    Application of this Subdivision  
   118A.   Right to apply for settlement  
   118B.   Amount of settlement  
   118C.   Order in Council concerning settlements  
   119.    Expression of interest must first be given  
   119A.   Time limits apply to some expressions of interest  
   119B.   Authority or self-insurer must respond to expression of interest  
   119C.   Application for settlement  
   119D.   Time limit for making applications  
   119E.   Authority or self-insurer must respond to application  
   119F.   Time limit on response to offer  
   119G.   Payment and nature of settlement amounts  
   119H.   Adjustment of settlement amount offers  
   119I.   Worker may withdraw application at any time  
   119IA.  Circumstances in which offer may be withdrawn or settlement avoided  
   119J.   Preclusion of further claims  
   119K.   Authority or self-insurer may extend or waive time limits  
   119L.   Minister may issue directions  
   123A.   Notice to include statement of right of review  
   123B.   Prohibition on recovery of certain costs  
   124.    Application of Division  
   125.    Liability to pay compensation  
   125A.   Liability to pay compensation—on or after 4 p.m. on 30 June 1993  
   125B.   Liability to pay compensation—recovery  
   126.    Provisions to apply where there is no employer  
   127.    Provisions to apply where employer does not meet liabilities  
   128.    Provisions relating to payment of compensation  
   128A.   Interim payments  
   129A.   Definitions  
   129B.   Application and object of Division  
   129C.   Contribution in case of contribution injury  
   129D.   Assessments  
   129E.   Evidence  
   129F.   Recovery of amounts assessed as payable  
   129G.   Review of assessment  
   129H.   Information  
   129I.   Recoveries Review Committee  
   129J.   Refund of contributions  
   129K.   Time  
   129L.   Extension of policies  
   129M.   Offences  
   129MA.  The applicable substantive law for work injury claims  
   129MB.  Claims to which Division applies  
   129MC.  What constitutes injury and employment and who is employer  
   129MD.  Claim in respect of death included  
   129ME.  Meaning of substantive law  
   129MF.  Availability of action in another State not relevant  
   129N.   Definitions  
   129O.   Application of Division  
   129P.   Apportionment of liability  
   129Q.   Notice of proceedings  
   129R.   Conduct of defence  
   129S.   Order for apportionment of liability  
   130.    Certain funds to be administered by trustee company[30]  
   131.    Powers of trustee company in relation to administration  
   132.    Powers of trustee company to make determinations  
   134AA.  Actions for damages  
   134AB.  Actions for damages  
   134ABAA.Determination of serious injury application following death of worker  
   134ABA. Calculation of limitation of actions period  
   134ABB. Calculation of limitation of actions period  
   134AF.  Directions  
   134AFA. Legal practitioner may recover costs  
   134AG.  Legal costs order  
   134AGA. Litigated claims legal costs order—workers  
   134AGB. Litigated claims legal costs order—Authority and self‑insurers  
   134A.   Actions for damages only in accordance with this Act  
   135.    Actions for damages[32], [33]  
   135A.   Actions for damages[34], [35]  
   135AB.  Directions  
   135AC.  Limitation of Actions Act 1958  
   135AD.  Limitation of Actions Act 1958  
   135BA.  Actions by terminally ill workers  
   135BBA. Actions by terminally ill workers continued after death of worker  
   135BB.  Actions by workers with asbestos-related conditions  
   135C.   Damages under Part III of Wrongs Act 1958  
   136.    Authority or employer not liable for certain costs and expenses  
   137.    Liability of the Transport Accident Commission  
   137A.   Settlement between Transport Accident Commission and the Authority  
   138.    Indemnity by third party  
   138A.   Substantive law  
   138B.   Compensation for pain and suffering  

   PART VIII--GENERAL

   252H.   Supreme Court—limitation of jurisdiction  
   252I.   Supreme Court—limitation of jurisdiction  
   252P.   Supreme Court—limitation of jurisdiction  

   PART IX--SAVINGS AND TRANSITIONAL PROVISIONS--AMENDING ACTS

   254.    Definition of amending Act  
   255.    Section 91 (Assessment of impairment)  
   256.    Definition of amending Act  
   257.    Section 5A (Pre-injury average weekly earnings)  
   258.    Definitions  
   259.    Section 5(1) (Definition of injury)  
   260.    Section 5(1) (Definition of medical service)  
   261.    Section 5A (Pre-injury average weekly earnings)  
   262.    Section 82 (Entitlement to compensation)  
   263.    Section 86 (Compensation for disease due to employment)  
   264.    Section 91 (Assessment of impairment)  
   265.    Section 98C (Compensation for non-economic loss)  
   266.    Section 99 (Compensation for medical and like services)  
   267.    Part IV (Payment of Compensation)  
   270.    Sections 5(1), 88, 89, 91 and 98C—(claims for compensation for further loss of hearing)  
   272.    Section 92A (Revised compensation for death of worker)  
   273.    Section 93C (Grandfather provision)  
   274.    Section 93CB (After the first entitlement period and until the expiry of the second entitlement period)  
   275.    Section 93E (Injury after retirement)  
   276.    Section 99—occupational rehabilitation services  
   279.    Section 104B (Claims for compensation under section 98C)  
   280.    Section 119IA (Circumstances in which offer may be withdrawn or settlement avoided)  
   281.    Section 134AB (Actions for damages)  
   282.    Section 135A (Actions for damages)  
   283.    Section 135BA (Actions by terminally ill workers)  
   284.    Sections 89, 91 and 98C—(claims for compensation for further loss of hearing)  
   285.    Sections 111, 114 and 114B  
   286.    Saving of rights under Miners' Phthisis (Treasury Allowances) Act 1938  
   287.    Section 5A  
   288.    Section 16  
   289.    Sections 43, 50, 93C, 93CB and 93E  
   290.    Section 91  
   291.    Section 92A  
   292.    Sections 93B, 93CB and 93CD  
   293.    Section 93EA  
   294.    Section 99  
   295.    Sections 114 and 114B  
   296.    Section 91  
   297.    Section 99(1)(aa)  
   298.    Section 99  
   299.    Section 138 (Indemnity by third party)  
   300.    Section 135BB  
   301.    Definitions  
   302.    Section 5A  
   303.    Section 14(3)  
   304.    Section 82  
   305.    Sections 82A-82D  
   312.    Section 93CA  
   313.    Section 93CD  
   314.    Section 93CDA  
   315.    Section 93CE  
   316.    Section 92B  
   317.    Sections 96 and 96A  
   319.    Section 114  
   320.    Section 91  
   321.    Section 98C  
   325.    Section 134AB (Actions for damages)  
   326.    Section 134ABAA (Determination of serious injury application following death of worker)  
   327.    Section 135A (Actions for damages)  
   328.    Section 135BBA (Actions by terminally ill workers continued after death of worker)  
   329.    Section 92 (Compensation for death of a worker)  
   330.    Section 92A (Revised compensation for death of worker)  
   331.    Section 92AA (Re-imbursement of expenses incurred by non‑dependant family members of a deceased worker)  
   332.    Section 92B (Weekly pension for dependants of worker who dies)  
   333.    Section 92D (Provisional payment)  
   347.    Sections 5(9A) and (10) and 5C to 5E (Remuneration)  
   348.    Section 138 (Indemnity by third party)  
   349.    Section 138 (Indemnity by third party)  
   352.    Retrospective operation of certain instruments of delegation  
   352A.   Retrospective operation of certain instruments of delegation  
   365.    Definitions  
   366.    Sections 5A to 5AE, 5B and Schedule 1A  
   367.    Part I, Division 3 and sections 6 to 12, 14 and 15  
   368.    Section 82D (Road traffic offences)  
   368A.   Section 91(3AAA)  
   369.    Section 91E (Benefits—definitions)  
   370.    Section 92A (Death of a worker)  
   371.    Section 93CE (Superannuation contributions)  
   372.    Section 98C (Non-economic loss)  
   373.    Section 98E (Total loss)  
   374.    Part IV, Division 2B (Compensation for medical and like services)  
   375.    Sections 117C to 117G  
   378.    Section 134AB (Actions for damages)  
   382.    Section 125A(3)  
   388.    Section 92B  
   389.    Guidelines under section 14AA  
   390.    Effect of repeal of section 134AE  
   391.    Workplace Injury Rehabilitation and Compensation Act 2013  
           SCHEDULE 1A
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3A
           SCHEDULE 3B
           ENDNOTES