Legal knowledge | Common law » Accident Compensation and Other Legislation

Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 TABLE OF PROVISIONS Section Page PART 1PRELIMINARY 1. 2. 1 Purpose Commencement 1 2 PART 2ACCIDENT COMPENSATION ACT 1985 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Amendment of section 5A Amendment of section 16Sporting contestants Extension of second entitlement period to 130 weeks Amendment of section 52DAppointment of Conciliation Officers Amendment of section 52EEngagement of Conciliation Officers Amendment of section 55Lodging of disputes Amendment of section 91Assessment of impairment Amendment of section 91CRecognition of previous determinations Amendment of section 92ARevised compensation for death of worker Consequential amendment of section 100 Partial return to work benefits New section 93EA inserted 93EA. Compensation for incapacity arising after retirement age Amendments consequential on section 14 Amendment of section 99

Amendment of section 99(13) Amendment of section 104BSeparation of impairment benefit Amendment of section 104BClaims initiated by Authority or self-insurer Termination or alteration of weekly payments Amendment of section 114BTermination of weekly payments after expiry of entitlement period Amendment of section 114E i 4 4 5 6 7 7 8 8 9 10 10 12 13 13 15 15 17 17 20 24 25 25 Source: http://www.doksinet Section 23. 24. 25. 26. Page Amendment of section 129MEMeaning of substantive law Amendment of section 134AB(4) Repeals New Division 7 inserted into Part IX 26 26 27 27 Division 7Accident Compensation and Other Legislation (Amendment) Act 2006 27 287. 288. 289. 290. 291. 292. 293. 294. 295. 27 27 28 29 30 30 30 30 31 Section 5A Section 16 Sections 43, 50, 93C, 93CB and 93E Section 91 Section 92A Sections 93B, 93CB and 93CD Section 93EA Section 99 Sections 114 and 114B PART 3ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 27. New section 31B inserted 31B. Default

penalty where failure to provide full and true disclosure PART 4EMERGENCY SERVICES SUPERANNUATION ACT 1986 28. Amendment of section 9 Amendment of section 15 Amendment of section 46A 34. 35. 36. 37. 38. 39. 40. 32 34 35 35 35 PART 6WORKERS COMPENSATION ACT 1958 31. 32. 33. 32 34 PART 5TRANSPORT ACCIDENT ACT 1986 29. 30. 32 Amendment of section 3Definitions Amendment of section 9 New section 12A inserted 12A. Certificate by a registered medical practitioner Amendment of section 19 New sections 19A and 19B inserted 19A. Reference under section 19 19B. Procedure relating to references under section 19 Amendment of section 20 Amendment of section 21Proclamation of diseases Repeal of section 24 Amendment of section 27Medical examinations Amendment of section 29 ii 37 37 37 38 38 39 39 39 41 42 42 42 42 43 Source: http://www.doksinet Section 41. 42. 43. 44. 45. 46. 47. Page New section 31A inserted 31A. Transitional provision Amendment of section 45 New section 72C

inserted 72C. Proof of identity Amendment of section 85 New sections 98A and 98B inserted 98A. Additional amounts paid under section 2A 98B. Recompense from the Fund for additional amounts paid under section 2A New sections 112A and 112B inserted 112A. Additional amounts paid under section 2G 112B. Recompense from the Fund for additional amounts paid under section 2G New Third Schedule inserted 43 43 44 45 45 45 45 45 THIRD SCHEDULEList of Diseases Proclaimed 47 PART 7WRONGS ACT 1958 48. 46 46 46 47 47 51 Section 28LI substituted 28LI. Assessment of certain impairments ═══════════════ ENDNOTES 51 51 55 iii Source: http://www.doksinet Victoria No. 41 of 2006 Accident Compensation and Other Legislation (Amendment) Act 2006 † [Assented to 25 July 2006] The Parliament of Victoria enacts as follows: PART 1PRELIMINARY 1. Purpose The purpose of this Act is to amend (a) the Accident Compensation Act 1985 to (i) increase certain benefits under

the Act; (ii) improve the operation of the Act; 1 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 2 Part 1Preliminary (b) the Accident Compensation (WorkCover Insurance) Act 1993 to provide for a default penalty if there is a failure to provide full and true disclosure in respect of matters relating to the calculation of premium; (c) the Emergency Services Superannuation Act 1986 to continue the appointment of deputies of members of the Emergency Services Superannuation Board; (d) the Transport Accident Act 1986 to (i) clarify the power to appoint a Chairperson of the Board of Management of the Transport Accident Commission; and (ii) provide for "The Guide to the Evaluation of Psychiatric Impairment for Clinicians" to be used in assessing the degree of psychiatric impairment; (e) the Workers Compensation Act 1958 to include necessary provisions from the Workers Compensation Regulations 1995 so that those

regulations are no longer required; (f) the Wrongs Act 1958 to enable specified guidelines to be used in the assessment of certain impairments. 2. Commencement (1) This Part, sections 6, 7, 8, 9, 25 and 26, and Parts 4, 5 and 7 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 17(1) is deemed to have come into operation on 20 October 1999. (3) Sections 4, 18 and 24 are deemed to have come into operation on 1 June 2006. 2 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 1Preliminary (4) Sections 3, 5, 10, 11, 12, 13, 14, 15, 16, 17(2), 19, 20, 21, 22 and 23 and Part 3 are deemed to have come into operation on 1 July 2006. (5) Part 6 comes into operation on 5 August 2006. 3 s. 2 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 3 Part 2Accident Compensation Act 1985 PART 2ACCIDENT

COMPENSATION ACT 1985 3. Amendment of section 5A (1) After section 5A(1) of the Accident Compensation Act 1985 insert "(1AA) For the purposes of sub-section (1), in calculating weekly payments of pension under section 92B for the first 26 weeks after the death of the worker, if (a) the worker, during the relevant period under sub-section (1), worked paid overtime; and (b) it is likely that the worker would have worked paid overtime at any time during that first 26 week period if not for the death of the worker resulting from, or materially contributed to, by an injury which entitles the workers dependants to compensation an additional amount calculated under subsection (1C) is to be included in the workers pre-injury average weekly earnings. (1AB) For the purposes of sub-section (1), in calculating weekly payments of pension under section 92B for the first 26 weeks after the death of the worker, if (a) the worker, during the relevant period under sub-section (1), carried out

shift work that attracted a shift allowance; and 4 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 (b) it is likely that the worker would have carried out shift work attracting a shift allowance at any time during that first 26 week period if not for the death of the worker resulting from, or materially contributed to, by an injury which entitles the workers dependants to compensation an additional amount calculated under subsection (1C) is to be included in the workers pre-injury average weekly earnings." (2) In section 5A(1C) of the Accident Compensation Act 1985 after "sub-sections" insert "(1AA), (1AB),". (3) In section 5A(1D) of the Accident Compensation Act 1985 after "sub-sections" insert "(1AB),". (4) In section 5A(4) of the Accident Compensation Act 1985 after "sub-sections" insert "(1AA), (1AB),". 4. Amendment

of section 16Sporting contestants After section 16(8) of Accident Compensation Act 1985 insert "(9) This section is deemed to have been enacted as amended by section 8(1) of the Accident Compensation (Miscellaneous Amendment) Act 1997. Note: The effect of this provision is that the amendments made by section 8(1) of the Accident Compensation (Miscellaneous Amendment) Act 1997 have effect as from 30 July 1985." 5 s. 4 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 5 Part 2Accident Compensation Act 1985 5. Extension of second entitlement period to 130 weeks (1) In section 43(2) of the Accident Compensation Act 1985 for "104" substitute "130". (2) After section 50(2) of the Accident Compensation Act 1985 insert "(2AA) Sub-sections (3) to (6) do not apply in proceedings before the County Court commenced before the commencement of section 5 of the Accident Compensation and Other

Legislation (Amendment) Act 2006 if the only reason why those subsections would apply is because of the amendment of section 43 by that section." (3) For section 93C(2A) of the Accident Compensation Act 1985 substitute (2A) The procedure specified in section 93CD applies in respect of a claim for weekly payments specified in sub-section (1) as if (a) sub-sections (1) to (4) of section 93CD were incorporated in this section with such modifications as are necessary; and (b) in sub-sections (1) and (3) of section 93CD for "second entitlement period within the meaning of section 93CB(1)" there were substituted "aggregate period of 104 weeks in respect of which a weekly payment has been paid or is payable to the worker". (4) In section 93CB(1) of the Accident Compensation Act 1985 for "104" substitute "130". (5) In section 93E of the Accident Compensation Act 1985 for "104" (where twice occurring) substitute "130". 6

Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 (6) In section 117(a) of the Accident Compensation Act 1985 before "the worker" insert "the claim for the payment of weekly payments was received by the Authority or a self-insurer before 1 January 2005 and". (7) After section 117(a) of the Accident Compensation Act 1985 insert "(aa) the claim for the payment of weekly payments was received by the Authority or self-insurer on or after 1 January 2005 and the worker (i) is over the age of 55 years; and (ii) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and (iii) has been receiving weekly payments for at least 130 weeks; or". 6. Amendment of section 52DAppointment of Conciliation Officers In section 52D(2) of the Accident Compensation Act 1985 for "Governor in Council" substitute

"Minister". 7. Amendment of section 52EEngagement of Conciliation Officers (1) In section 52E(2) of the Accident Compensation Act 1985 for "A" substitute "Unless sub-section (3A) applies, a". (2) After section 52E(3) of the Accident Compensation Act 1985 insert "(3A) The Minister may approve in writing any written variation approved by a Conciliation Officer in the terms and conditions on which the Conciliation Officer is engaged." 7 s. 6 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 8 Part 2Accident Compensation Act 1985 8. Amendment of section 55Lodging of disputes In section 55(2) of the Accident Compensation Act 1985 for "Authority" substitute "Minister". 9. Amendment of section 91Assessment of impairment (1) After section 91(1)(a)(i) of the Accident Compensation Act 1985 insert "(ia) the A.MA Guides as applicable subject to guidelines in

accordance with sub-section (6), (6A) or (6B); or". (2) For section 91(6) of the Accident Compensation Act 1985 substitute (6) For the purposes of assessing the degree of psychiatric impairment the A.MA Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". (6A) For the purposes of assessing the degree of occupational asthma impairment (a) the A.MA Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 5, Tables 8 and 10, there were substituted the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma"; and (b) occupational asthma has the meaning given by the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma". 8 Source: http://www.doksinet Accident Compensation and Other Legislation

(Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 (6B) For the purposes of assessing the degree of infectious occupational diseases impairment (a) the A.MA Guides apply, subject to any regulations made for the purposes of this section and subject to the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases"; and (b) infectious occupational disease has the meaning given by the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases". (6C) The guidelines referred to in subsections (6), (6A) and (6B) (a) must be published by the Authority in the Government Gazette; (b) have effect on the day after the day on which the guidelines are published in the Government Gazette; (c) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Authority in the Government Gazette. 10. Amendment of

section 91CRecognition of previous determinations In section 91C(3) of the Accident Compensation Act 1985, in the definition of "designated court" for "the regulations to be a designated court for the purposes of this section" substitute "the Minister to be a designated court for the purposes of this section by a notice published in the Government Gazette". 9 s. 10 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 11 Part 2Accident Compensation Act 1985 11. Amendment of section 92ARevised compensation for death of worker (1) In sections 92A(4), 92A(5), 92A(7), 92A(8), 92A(8A), 92A(8B) and 92A(9) of the Accident Compensation Act 1985 for "$207 390" substitute "$250 000". (2) In section 92A(6)(a) of the Accident Compensation Act 1985 for "$186 660" substitute "$225 000". (3) In section 92A(6)(b) of the Accident Compensation Act 1985 for "$20

740" substitute "$25 000". (4) In section 92A(7)(a) of the Accident Compensation Act 1985 for "$10 370" substitute "$12 500". (5) In section 92A(8)(a) of the Accident Compensation Act 1985 for "$155 550" substitute "$187 500". (6) In section 92A(8)(b) of the Accident Compensation Act 1985 for "$51 840" substitute "$62 500". 12. Consequential amendment of section 100 (1) In section 100(2B) of the Accident Compensation Act 1985 (a) after "specified amounts" insert "for the purposes of sub-section (2A)"; (b) paragraph (a) is repealed. 10 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 (2) After section 100(2B) of the Accident Compensation Act 1985 insert "(2C) An amount specified in sub-section (2D) shall be varied, in respect of the financial year beginning on 1 July 2007 and each

subsequent financial year, in accordance with the formula D× E F where D is the amount specified in subsection (2D); E is the all groups consumer price index for Melbourne as at 15 June in the preceding financial year last published by the Australian Statistician in respect of the December quarter of that financial year; F is the all groups consumer price index for Melbourne as at 15 June in the year preceding the preceding financial year published by the Australian Statistician in respect of the December quarter preceding that 15 June. (2D) The specified amounts for the purposes of sub-section (2C) are any amounts of dollars referred to in section 92A." (3) In section 100(3A) of the Accident Compensation Act 1985 after "sub-section (2B)" insert "or (2D)". 11 s. 12 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 13 Part 2Accident Compensation Act 1985 (4) In section 100(6) of the

Accident Compensation Act 1985 (a) in paragraph (b) after "(2B)" insert ", (2C), (2D)"; (b) paragraph (ba) is repealed. 13. Partial return to work benefits (1) In section 93B(1)(c) of the Accident Compensation Act 1985, for sub-paragraphs (i) and (ii) substitute "(i) the difference between 70 per cent of the workers pre-injury average weekly earnings and 70 per cent of the workers notional earnings; or (ii) the difference between $953 and 70 per cent of the workers notional earnings". (2) In section 93CB(2)(b) of the Accident Compensation Act 1985, for sub-paragraphs (i) and (ii) substitute "(i) the difference between 75 per cent of the workers pre-injury average weekly earnings and 75 per cent of the workers notional earnings; or (ii) the difference between $1190 and 75 per cent of the workers notional earnings". (3) In section 93CD(5) of the Accident Compensation Act 1985, for paragraphs (a) and (b) substitute "(a) the difference between

75 per cent of the workers pre-injury average weekly earnings and 75 per cent of the workers current weekly earnings; or (b) the difference between $1190 and 75 per cent of the workers current weekly earnings". 12 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 14. New section 93EA inserted After section 93E of the Accident Compensation Act 1985 insert "93EA. Compensation for incapacity arising after retirement age (1) This section applies to a worker, not being a worker to whom section 93E applies, if the worker (a) before retirement age (i) suffered an injury arising out of or in the course of employment; and (ii) made a claim for compensation in respect of that injury under section 103; and (b) received a weekly payment of compensation in respect of that injury within the period of 10 years before the worker attained retirement age; and (c) after retirement age, became

incapacitated for work and the incapacity is a consequence of treatment received after retirement age as an inpatient at a hospital for that injury; and (d) is not entitled to weekly payments only because section 93F applies. (2) If this section applies to a worker, the worker may apply in writing to the Authority or self-insurer for weekly payments in respect of the incapacity payable at the rate specified in section 93CB(2)(a) or 93CB(2)(b). (3) The maximum period of weekly payments payable under this section is 13 weeks. 13 s. 14 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 14 Part 2Accident Compensation Act 1985 (4) A worker who makes an application in accordance with sub-section (2) is entitled to receive weekly payments under this section if (a) the worker was a worker at the time the incapacity arose; and (b) the incapacity is in respect of the work that the worker was performing immediately before the

incapacity arose; and (c) the worker has not ceased to become entitled to weekly payments due to the application of section 93A(4), 93B(3), 93B(4), 93C(6), 93C(12), 93CA(4), 93CB(4), 93CC(1), 93CC(5), 119J(1), 119J(3), 134AB(36) or 135A(18); and (d) the worker has not previously received payment of compensation in respect of the injury under this section. (5) An application under sub-section (2) must (a) specify the reason for the application; and (b) be provided with supporting evidence. (6) Within 28 days of receiving the application, the Authority or self-insurer must (a) approve or reject the application; and (b) give the worker written notice of its decision, including in the case of rejection, a statement of the reasons for the decision." 14 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 15. Amendments consequential on section 14 (1) In section 5(1) of the Accident

Compensation Act 1985, in the definition of "weekly payment" for "or 93CD" substitute ", 93CD, 93E or 93EA". (2) In section 93F of the Accident Compensation Act 1985 for "section 93E" substitute "sections 93E and 93EA". (3) After section 114(5) of the Accident Compensation Act 1985 insert "(5A) A termination of weekly payments under section 93EA has effect (a) without the giving of notice; and (b) as from the expiry of the period not exceeding 13 weeks for which the payment is granted under that section." (4) In sections 134AB(36)(a) and 135A(18)(a) of the Accident Compensation Act 1985 for "or 93CD" substitute ", 93CD, 93E or 93EA". 16. Amendment of section 99 (1) For section 99(1)(aa) of the Accident Compensation Act 1985 substitute "(aa) if the injury is a severe injury for which immediate in-patient treatment in a hospital is received or where death results from the injury, the reasonable costs

incurred in Australia of family counselling services provided to family members by (i) a medical practitioner; or (ii) a registered psychologist; or 15 s. 15 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 16 Part 2Accident Compensation Act 1985 (iii) a social worker approved by the Authority to provide counselling services for the purposes of this section not exceeding $1960 in respect of that severe injury or death; and". (2) In section 99(1A) of the Accident Compensation Act 1985 (a) in the definition of "parent" for "worker." substitute "worker;"; (b) after the definition of "parent" insert "severe injury" means (a) paraplegia; (b) quadriplegia; (c) amputation of a limb; (d) amputation of a hand or foot; (e) severe head injury; (f) severe eye injury; (g) separation of a workers skin from an underlying tissue (such as degloving or scalping); (h) severe

burns; (i) severe lacerations; (j) severe injuries arising out of an electric shock; (k) any other work related injury giving rise to an imminent risk of death. (3) Section 99(1B) of the Accident Compensation Act 1985 is repealed. 16 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 17. Amendment of section 99(13) (1) In section 99(13) of the Accident Compensation Act 1985 for "section 135A" substitute "section 134AB or 135A of this Act". (2) In section 99(13) of the Accident Compensation Act 1985 after "Transport Accident Act 1986" insert "or accepts a voluntary settlement of weekly payments under Division 3A of Part IV of this Act". 18. Amendment of section 104BSeparation of impairment benefit (1) Sections 104B(2)(f)(iv) and 104B(7)(e)(iv) of the Accident Compensation Act 1985 are repealed. (2) In section 104B(6B) of the Accident Compensation

Act 1985 (a) in paragraph (b) for "if any;" substitute "if any."; (b) paragraph (c) is repealed. (3) In section 104B(7B) of the Accident Compensation Act 1985 (a) in paragraph (b) for "if any;" substitute "if any."; (b) paragraph (c) is repealed. (4) For section 104B(8) of the Accident Compensation Act 1985 substitute "(8) Subject to section 134AB(36), the Authority or self-insurer must, within 14 days of being advised by the worker either under subsection (6B) or (7B) or at a later date that the worker accepts the determinations of impairment and total loss and the entitlement to compensation 17 s. 17 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 18 Part 2Accident Compensation Act 1985 (a) if the entitlement is under section 98C, make payments in accordance with section 98D; or (b) if the entitlement is under section 98E, pay the amount specified for the total loss

under section 98E." (5) For sections 104B(10), 104B(10A) and 104B(10B) of the Accident Compensation Act 1985 substitute "(10) The Authority or self-insurer must, within 60 days of obtaining the opinion of the Medical Panel under section 67, advise the worker of the opinion and the entitlement, if any, under section 98C or 98E. (10A) The worker must, within 60 days of being advised by the Authority or self-insurer of the entitlement of the worker to compensation in accordance with sub-section (10), advise the Authority or self-insurer whether the worker accepts or disputes the entitlement to compensation. (10B) Subject to section 134AB(36), the Authority or self-insurer must, within 14 days of being advised by the worker either under subsection (10A) or at a later date that the worker accepts the entitlement to compensation (a) if the entitlement is under section 98C, make payments in accordance with section 98D; or (b) if the entitlement is under section 98E, pay the amount

specified for the total loss under section 98E." (6) Section 104B(11A) of the Accident Compensation Act 1985 is repealed. 18 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 (7) After section 104B(21) of the Accident Compensation Act 1985 insert (22) This section as in force before the commencement of section 5 of the Accident Compensation Legislation (Amendment) Act 2004 applies to a worker to whom subsection (19) or (20)(a) applies with the following modifications (a) as if in sub-section (6) as then in force "and of the consequences as specified in sub-section (11A) of confirming in writing that he or she wishes to receive any compensation to which he or she is entitled" were omitted; (b) as if in sub-section (7) as then in force "and if the worker accepts the entitlement to compensation, whether or not he or she wishes to receive the compensation to which he or

she is entitled" were omitted; (c) as if in sub-section (8) as then in force, for "wishes to receive the compensation to which he or she is entitled" there were substituted "accepts the entitlement"; (d) as if in sub-section (10) as then in force "and of the consequences as specified in sub-section (11A) of confirming in writing that he or she wishes to receive any compensation to which he or she is entitled" were omitted; (e) as if in sub-section (10A) as then in force, for "wishes to receive the compensation to which he or she is entitled" there were substituted "accepts 19 s. 18 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 19 Part 2Accident Compensation Act 1985 or disputes the entitlement to compensation"; (f) as if in sub-section (10B) as then in force, for "wishes to receive the compensation to which he or she is entitled" there were

substituted "accepts the entitlement to compensation"; (g) as if sub-section (11A) as then in force were repealed. (23) Subject to sub-section (22), this section as amended by section 18 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies to an impairment claim whether lodged before, on or after 18 November 2004 unless the worker has before 1 June 2006 (a) made an application under section 134AB(4); or (b) advised the Authority or self-insurer under sub-section (7B) or (10A) that he or she wishes to receive the compensation to which he or she is entitled. 19. Amendment of section 104BClaims initiated by Authority or self-insurer (1) In section 104B(1C) of the Accident Compensation Act 1985 for "12 months" substitute "18 months". (2) After section 104B(1C) of the Accident Compensation Act 1985 insert "(1CA) For the purposes of this section, a request under sub-section (1C) has the effect of initiating a claim for

compensation under section 98C or 98E in respect of the worker by the Authority or self-insurer." 20 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 (3) In section 104B(1D) of the Accident Compensation Act 1985 (a) for "for compensation under section 98C or 98E" substitute "made by the worker"; and (b) for "the claim for compensation" substitute "the claim made by the worker". (4) In section 104B(2) of the Accident Compensation Act 1985 (a) for "receiving the claim" substitute "receiving a claim made by the worker or in the case of a claim initiated by the Authority or self-insurer, within 120 days of the relevant date"; (b) in paragraph (a) before "accept" insert "if the claim is a claim made by the worker,"; (c) in paragraph (f)(i) before "the decision" insert "if the claim is a claim

made by the worker,". (5) After section 104B(2) of the Accident Compensation Act 1985 insert (2AA) For the purposes of this section "claim made by the worker" means (a) a claim by a worker for compensation under section 98C or 98E; or (b) a claim by a worker for compensation under section 98C or 98E in accordance with subsection (5D)(a); 21 s. 19 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 19 Part 2Accident Compensation Act 1985 "relevant date" means (a) if the worker makes a claim for compensation under section 98C or 98E in accordance with subsection (5D)(a), the day on which the claim is received by the Authority or self-insurer; or (b) if the worker advises the Authority or self-insurer that he or she disputes the written statement under sub-section (5C), the day on which the dispute is resolved; or (c) if the worker does not make a claim or dispute the statement within the period

specified under sub-section (5D), the day on which that period expires; or (d) if the worker accepts the written statement of the injury or injuries under sub-section (5C), the day on which the Authority or self-insurer receives the advice of the worker that he or she accepts the written statement of the injury or injuries. (6) In section 104B(3) of the Accident Compensation Act 1985 for "the claim" (where twice occurring) substitute "the claim made by the worker". (7) After section 104B(5AA) of the Accident Compensation Act 1985 insert "(5AB) Subject to sub-section (5D)(a), if a claim for compensation under section 98C or 98E has been initiated in respect of a worker by the Authority or self-insurer, the worker cannot make a claim for compensation under 22 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 section 98C or 98E in respect of injuries arising out of

the same event or circumstance." (8) In section 104B(5C) of the Accident Compensation Act 1985 after "the assessments" insert "and a statement of rights in a form approved by the Authority for the purposes of this section". (9) In section 104B(5D) of the Accident Compensation Act 1985 (a) for "may" substitute "must"; (b) in paragraph (b) for "statement." substitute "statement; or"; (c) after paragraph (b) insert "(c) advise the Authority or self-insurer that he or she accepts the written statement of the injury or injuries." (10) After section 104B(5D) of the Accident Compensation Act 1985 insert "(5DA) If after receiving a written statement under sub-section (5C) the worker makes a claim for compensation under section 98C or 98E in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance (a) the claim by the worker and the claim initiated by the

Authority or self-insurer are to be considered as one consolidated claim; and (b) the consolidated claim is to be dealt with in accordance with sub-section (2). 23 s. 19 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 20 Part 2Accident Compensation Act 1985 (5DB) If the worker advises the Authority or selfinsurer that he or she disputes the written statement under sub-section (5C), the worker must not commence proceedings in relation to the claim unless the worker first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and until the Conciliation Officer has issued a certificate under section 49." (11) In section 104B(5E) of the Accident Compensation Act 1985 after "impairment" insert "to be dealt with in accordance with subsection (2)". (12) In section 104B(6) of the Accident Compensation Act 1985 after "sub-section (2)" insert

"in respect of a claim made by the worker". (13) In section 104B(6B) of the Accident Compensation Act 1985 for "If under subsection (6) the worker accepts the decision as to liability" substitute "Subject to sub-section (6)". 20. Termination or alteration of weekly payments In section 114(13) of the Accident Compensation Act 1985 (a) in paragraph (b) for "28 days." substitute "28 days; or"; (b) after paragraph (b) insert "(c) if the termination of weekly payments is solely on the ground of the expiry of the second entitlement period within the meaning of section 93CB(1) 13 weeks." 24 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 21. Amendment of section 114BTermination of weekly payments after expiry of entitlement period (1) For section 114B(1) of the Accident Compensation Act 1985 substitute "(1) Weekly payments must

not be terminated under section 114(9) (a) unless the Authority or self-insurer has made a determination of the workers entitlement to weekly payments after the expiry of the second entitlement period within the meaning of section 93CB(1); and (b) until the Authority or self-insurer has given at least 13 weeks notice under section 114 of the determination following the making of the determination. (1A) A determination under sub-section (1) may be made before or after the expiry of the second entitlement period within the meaning of section 93CB(1) so as to terminate payments at or after the expiry of that entitlement period." (2) In section 114B(4) of the Accident Compensation Act 1985 for "56 days" substitute "119 days". 22. Amendment of section 114E (1) In section 114E(1) of the Accident Compensation Act 1985 for "that amount" substitute "each outstanding weekly payment". (2) In sections 114E(1)(b), 114E(1)(c) and 114E(1)(d) of the

Accident Compensation Act 1985 before "if" insert "subject to sub-section (1A),". 25 s. 21 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 23 Part 2Accident Compensation Act 1985 (3) After section 114E(1) of the Accident Compensation Act 1985 insert "(1A) If a worker has not made an application to the Magistrates Court or the County Court within one year of being notified by a Conciliation Officer under section 59(4) that the Conciliation Officer is satisfied that there is a genuine dispute with respect to the liability to make or continue to make weekly payments and that an application may be made to the Magistrates Court or the County Court to determine the matter, interest is not payable under sub-section (1) in respect of the period beginning after the expiry of one year after that date and ending on the day on which the application is made." 23. Amendment of section 129MEMeaning of

substantive law In section 129ME of the Accident Compensation Act 1985, in the definition of "a States legislation about damages for a work related injury" for "the regulations to be the States legislation about damages for a work related injury" substitute "the Minister to be the States legislation about damages for a work related injury for the purposes of this section by a notice published in the Government Gazette". 24. Amendment of section 134AB(4) In section 134AB(4) of the Accident Compensation Act 1985 (a) in paragraph (a)(i) for "104B(6)" substitute "104B(6B)"; (b) in paragraph (b)(ii) for "section 104B(21)" substitute "sections 104B(21), 104B(22) and 104B(23)". 26 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 25. Repeals (1) The Accident Compensation (Further Amendment) Act 1996 is repealed. (2) Sections

38 and 72 of the Accident Compensation (Miscellaneous Amendment) Act 1997 are repealed. 26. New Division 7 inserted into Part IX After Division 6 of Part IX of the Accident Compensation Act 1985 insert "Division 7Accident Compensation and Other Legislation (Amendment) Act 2006 287. Section 5A Section 5A as amended by section 3 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of the calculation of weekly payments of pension in respect of the death of a worker on or after 1 July 2006 resulting from, or materially contributed to, by the relevant injury irrespective of whether the relevant injury occurred before, on or after 1 July 2006. 288. Section 16 (1) Subject to sub-section (3), section 16 as amended by section 4 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of any claim or proceedings made or lodged on or after 1 June 2006 irrespective of whether the injury occurred before, on or after 1 June

2006. 27 s. 25 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 26 Part 2Accident Compensation Act 1985 (2) Subject to sub-section (3), a worker who is or the dependants of a worker who are or may be entitled to compensation in respect of an injury arising out of or in the course of, or due to the nature of, employment only because of the application of section 16 as in force before the commencement of section 4 of the Accident Compensation and Other Legislation (Amendment) Act 2006 shall not, in proceedings in respect of the injury be entitled to compensation except in accordance with section 16 as amended by section 4 of the Accident Compensation and Other Legislation (Amendment) Act 2006. (3) The amendment of section 16 by section 4 of the Accident Compensation and Other Legislation (Amendment) Act 2006 does not affect the rights of the parties in the proceedings known as Adrian Whitehead v Carlton Football Club

Limited & Ors (No. 4905 of 2001) in the Supreme Court of Victoria (Court of Appeal). 289. Sections 43, 50, 93C, 93CB and 93E Despite section 4A, sections 43, 50, 93C, 93CB and 93E as amended by section 5 of the Accident Compensation and Other Legislation (Amendment) Act 2006 apply only in respect of any claim for weekly payments received by the Authority or a selfinsurer on or after 1 January 2005, subject to the worker being otherwise entitled to receive weekly payments in accordance with this Act or would be entitled but for the operation of section 96. 28 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 290. Section 91 (1) Subject to sub-section (2) (a) section 91 as in force before the commencement of section 9 of the Accident Compensation and Other Legislation (Amendment) Act 2006 continues to apply if before that commencement the worker has attended at least one impairment

examination for the purposes of assessing the degree of psychiatric impairment, the degree of occupational asthma impairment or the degree of infectious occupational disease impairment; (b) if paragraph (a) does not apply, section 91 as amended by section 9 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies for the purposes of assessing the degree of psychiatric impairment, the degree of occupational asthma impairment or the degree of infectious occupational disease impairment in an impairment examination made on or after the commencement of section 9 of the Accident Compensation and Other Legislation (Amendment) Act 2006. (2) Despite sub-section (1)(b), if the first guidelines under section 91 as amended by section 9 of the Accident Compensation and Other Legislation (Amendment) Act 2006 are not in force on the commencement of section 9 of that Act, section 91 as in force before that commencement continues to apply for the purposes of assessing the 29 s.

26 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 26 Part 2Accident Compensation Act 1985 degree of psychiatric impairment, the degree of occupational asthma impairment or the degree of infectious occupational disease impairment in an impairment examination made on or after that commencement until the first guidelines are in force. 291. Section 92A Section 92A as amended by section 11 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of compensation the entitlement to which arises as a result of the death of a worker on or after 1 July 2006. 292. Sections 93B, 93CB and 93CD Despite section 4A, sections 93B, 93CB and 93CD as amended by section 13 of the Accident Compensation and Other Legislation (Amendment) Act 2006 apply in respect of entitlement periods on or after 1 July 2006. 293. Section 93EA Section 93EA as inserted by section 14 of the Accident Compensation and Other

Legislation (Amendment) Act 2006 applies in respect of an incapacity for work which arises on or after 1 July 2006. 294. Section 99 Section 99 as amended by section 16 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of a severe injury within the meaning of section 99(1A) which occurs on or after 1 July 2006. 30 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 2Accident Compensation Act 1985 295. Sections 114 and 114B Sections 114 and 114B as amended by sections 20 and 21 of the Accident Compensation and Other Legislation (Amendment) Act 2006 apply in respect of any claim for weekly payments received by the Authority or a self-insurer on or after 1 January 2005, subject to the worker being otherwise entitled to receive weekly payments in accordance with this Act." 31 s. 26 Source: http://www.doksinet Accident Compensation and Other Legislation

(Amendment) Act 2006 Act No. 41/2006 s. 27 Part 3Accident Compensation (WorkCover Insurance) Act 1993 PART 3ACCIDENT COMPENSATION (WORKCOVER INSURANCE) ACT 1993 27. New section 31B inserted After section 31A of the Accident Compensation (WorkCover Insurance) Act 1993 insert 31B. Default penalty where failure to provide full and true disclosure (1) If (a) the Authority issues a notice of adjustment under section 26(4), 28(2) or 28B(2); and (b) the notice of adjustment states an amount of premium that is different from any premium that was previously calculated for the employer for the policy period to which the notice of adjustment relates; and (c) the Authority is satisfied that the premium was miscalculated because the employer or a person acting on behalf of the employer failed to provide full and true disclosure to the Authority in respect of matters relevant to the calculation of the premium the employer is upon being served with a notice of adjustment under this section, liable

to pay a default penalty of an amount equal to the difference between the premium stated in the notice of adjustment and the premium that was previously calculated for the employer. 32 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 3Accident Compensation (WorkCover Insurance) Act 1993 (2) The amount of the default penalty imposed under sub-section (1) is to be increased by 20% if, after the Authority commenced the review under section 22, 27 or 28A, the employer or a person acting on behalf of the employer took steps to prevent or hinder the Authority from properly calculating the premium payable by the employer. (3) A default penalty under this section is due and payable within 28 days of the date of the notice. (4) The Authority may remit the whole or any part of a default penalty imposed under this section. (5) In this section, "premium" includes amounts (a) paid or payable as premium; (b) purportedly

paid or payable as premium. 33 s. 27 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 28 Part 4Emergency Services Superannuation Act 1986 PART 4EMERGENCY SERVICES SUPERANNUATION ACT 1986 28. Amendment of section 9 After section 9(4) of the Emergency Services Superannuation Act 1986 insert "(5) For the purposes of this section, a deputy appointed under this section before 1 December 2005 for a person who is a member of the Board by virtue of section 7 as amended by the Superannuation Legislation (Governance Reform) Act 2005 continues, subject to this Act, to be the deputy of that member until 31 December 2006." 34 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 5Transport Accident Act 1986 PART 5TRANSPORT ACCIDENT ACT 1986 29. Amendment of section 15 After section 15(2) of the Transport Accident Act

1986 insert "(2A) The Governor in Council may appoint one of the Directors to be the Chairperson of the Board." 30. Amendment of section 46A (1) For section 46A(6) of the Transport Accident Act 1986 substitute (6) For the purposes of assessing the degree of psychiatric impairment the A.MA Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". (6A) The guidelines referred to in subsection (6) (a) must be published by the Commission in the Government Gazette; (b) have effect on the day after the day on which the guidelines are published in the Government Gazette; (c) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Commission in the Government Gazette. 35 s. 29 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006

Act No. 41/2006 s. 30 Part 5Transport Accident Act 1986 (2) After section 46A(8) of the Transport Accident Act 1986 insert "(9) Subject to sub-section (10), this section as amended by section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of transport accidents on or after the commencement of section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006. (10) Despite sub-section (9), if the first guidelines under this section as amended by section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006 are not in force on the commencement of section 30 of that Act, this section as in force before that commencement continues to apply in respect of transport accidents on or after that commencement until the first guidelines are in force." 36 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 6Workers

Compensation Act 1958 PART 6WORKERS COMPENSATION ACT 1958 31. Amendment of section 3Definitions In section 3(1) of the Workers Compensation Act 1958 (a) after the definition of "the appointed day" insert "the Previous Funds" means the Insurers Guarantee and Compensation Supplementation Fund and the Workers Supplementation Fund established under this Act as in force prior to the appointed day;; (b) after the definition of "outworker" insert "place of practice" means the consulting rooms of the registered medical practitioner;. 32. Amendment of section 9 (1) In section 9 of the Workers Compensation Act 1958, for clause 5A(1)(b) of The Clauses Referred To, substitute "(b) a claim in writing for compensation in respect of that incapacity together with the following particulars of the claim (i) the name, residential address and date of birth of the worker; (ii) the nature and alleged cause of the injury in respect of which the claim is made

and the place where and the date on which that injury happened; (iii) the date of the commencement of the incapacity for work which resulted from or was materially contributed to 37 s. 31 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 33 Part 6Workers Compensation Act 1958 by that injury where this date is different from the date of the injury; (iv) the name and residential address of all persons who in relation to the worker are a wife, husband, relative or child who is wholly or mainly dependent on the earnings of the worker within the meaning of clause 1(b)(i) and the nature of the relationship to the worker of each person so named and the date of birth of each child so named." (2) In clauses 5A(6)(b)(ii) and 6A(7)(b)(ii) of The Clauses Referred To in section 9 of the Workers Compensation Act 1958, for "prescribed rate" substitute "rate fixed for the time being under section 2 of the Penalty

Interest Rates Act 1983". (3) In section 9 of the Workers Compensation Act 1958, clause 8 of The Clauses Referred To, is repealed. 33. New section 12A inserted After section 12 of the Workers Compensation Act 1958 insert "12A. Certificate by a registered medical practitioner After examination of the worker, the registered medical practitioner must give the worker (a) a certificate of disablement in the form approved by the Authority; or (b) a certificate in the form approved by the Authority that the registered medical practitioner is not satisfied that the worker is entitled to a certificate of disablement." 38 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 6Workers Compensation Act 1958 34. Amendment of section 19 In section 19 of the Workers Compensation Act 1958 for "regulations made by the Governor in Council be referred (a) to a medical referee, if both the employer and the worker agree to

the matter being referred to a medical referee; (b) in any other case, to the County Court and the decision of the medical referee or (as the case may be)" substitute "section 19A be referred to the County Court and the decision". 35. New sections 19A and 19B inserted After section 19 of the Workers Compensation Act 1958 insert "19A. Reference under section 19 (1) If the action of a registered medical practitioner is, or the contents of a certificate are to be, referred to the County Court under section 19 (a) if the aggrieved person is the person named as the employer in the certificate of disablement that person must within 21 days of the receipt by that person of notice of disablement or if that person requires in writing the production of the certificate for inspection, within 21 days of it being produced, apply in the form approved by the Authority to the Registrar of the County Court for reference of the matter to the County Court; 39 s. 34 Source:

http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 35 Part 6Workers Compensation Act 1958 (b) if the aggrieved person is the person named as the worker in the relevant certificate, that person must, within 21 days of the date of the certificate by which or by the contents of which that person is aggrieved, apply in the form approved by the Authority to the Registrar of the County Court for reference of the matter to the County Court. (2) The Registrar of the County Court may for good cause extend the time for making an application under sub-section (1) for not more than 7 days. (3) An application under sub-section (1) must be accompanied by (a) if the worker is the applicant, the certificate of the medical practitioner; or (b) if the employer is the applicant, the notice of disablement and a copy of the certificate of the medical practitioner. (4) The applicant must also file with the Registrar of the County Court any copies of

the application and other documents, as the Registrar of the County Court requires, for the use of the other party and the County Court. (5) The Registrar of the County Court must refer the matter to the County Court. 40 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 6Workers Compensation Act 1958 19B. Procedure relating to references under section 19 (1) If the Registrar of the County Court is satisfied that the worker is able to travel, the Registrar of the County Court must make and forward to the worker an order that the worker attend upon the inquiry to be held by the County Court. (2) The Registrar of the County Court must refer the matter to the County Court by (a) making an order of reference in the form approved by the Authority; and (b) bringing the matter before the County Court in the manner, in so far as the nature of the proceedings may allow, in which contested proceedings are generally brought

before the County Court. (3) The Registrar of the County Court must forward to both parties a copy of the order of reference and to the respondent a copy of the document filed with the Registrar of the County Court. (4) The procedure to be followed by the County Court, in so far as the nature of the proceedings may allow, must be the same as that followed upon the hearing and determination by it of contested matters. (5) If the worker is unable to travel to attend upon the hearing of the County Court, the worker must submit to an examination or examinations at the times and places as may be ordered by the County Court." 41 s. 35 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 36 Part 6Workers Compensation Act 1958 36. Amendment of section 20 In the proviso to section 20 of the Workers Compensation Act 1958 (a) for "where the medical referee or" substitute "if"; (b) for "medical referee

or the County Court (as the case may be)" substitute "County Court". 37. Amendment of section 21Proclamation of diseases At the end of section 21 of the Workers Compensation Act 1958 insert "(2) The list of diseases proclaimed under this section as in force prior to the appointed day is contained in the Third Schedule." 38. Repeal of section 24 Section 24 of the Workers Compensation Act 1958 is repealed. 39. Amendment of section 27Medical examinations For section 27(3) of the Workers Compensation Act 1958 substitute "(3) A worker can not be required to submit to an examination by a registered medical practitioner under sub-section (1) or (2) otherwise than in accordance with subsections (3A), (3B) and (3C). (3A) If a worker has given notice of an injury or is in receipt of weekly payments the worker can not be required to submit to an examination by a registered medical practitioner provided by the employer except at reasonable hours. 42 Source:

http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 6Workers Compensation Act 1958 (3B) A worker in receipt of weekly payments can not, after an initial examination, be required to submit to an examination by a registered medical practitioner provided by the employer more frequently than once every 3 months. (3C) Despite sub-section (3A), a worker may be required to submit to one additional examination by a registered medical practitioner provided by the employer if an application is made to the County Court for a review of a weekly payment or for redemption of a weekly payment." 40. Amendment of section 29 In section 29(3) of the Workers Compensation Act 1958, for "prescribed rate" substitute "rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983". 41. New section 31A inserted After section 31 of the Workers Compensation Act 1958 insert "31A. Transitional provision If a

period during which interest is required to be calculated under this Part commenced before 12 August 1995, the rate of interest to be applied to any part of the period (a) that occurred before the commencement of the Workers Compensation (Interest Rates) Regulations 1992, is the rate of interest prescribed by the Workers Compensation Regulations 1985 as in force before that commencement; 43 s. 40 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 42 Part 6Workers Compensation Act 1958 (b) after the commencement of the Workers Compensation (Interest Rates) Regulations 1992, but before 12 August 1995 is the rate of interest prescribed by the Workers Compensation Regulations 1985 as amended by the Workers Compensation (Interest Rates) Regulations 1992; (c) from 12 August 1995 but before 1 July 2006, is the rate of interest prescribed by the Workers Compensation Regulations 1995; (d) from 1 July 2006, is the rate

determined in accordance with this Act." 42. Amendment of section 45 (1) In section 45(3) of the Workers Compensation Act 1958 (a) for "in the prescribed form" substitute "of injuries"; (b) for "prescribed particulars" substitute "specified particulars". (2) After section 45(3) of the Workers Compensation Act 1958 insert "(3A) It is sufficient compliance with subsection (3) if a register of injuries is kept in accordance with section 101 of the Accident Compensation Act 1985." 44 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 6Workers Compensation Act 1958 43. New section 72C inserted After section 72B of the Workers Compensation Act 1958 insert "72C. Proof of identity An insurer may require evidence as to the identity of the person killed or injured in respect of whom a claim for compensation is made." 44. Amendment of section 85 In section 85(5)(a)

of the Workers Compensation Act 1958, for "prescribed rate" substitute "rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983". 45. New sections 98A and 98B inserted After section 98 of the Workers Compensation Act 1958 insert "98A. Additional amounts paid under section 2A (1) An insurer who is required to pay an additional amount on behalf of an employer as compensation by virtue of section 2A(3) in respect of an injury arising out of or in the course of employment of a worker before 1 July 1975 must (a) give the information specified in subsection (2) to the Authority; and (b) certify that it is true and correct. (2) The information is (a) the claim number of the insurer; (b) the name of the employer; (c) the date of injury of the worker; 45 s. 43 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 46 Part 6Workers Compensation Act 1958 (d) the rate of

compensation payable as at 30 June 1975; (e) the rate of compensation payable from 1 July 1975. 98B. Recompense from the Fund for additional amounts paid under section 2A An application to the Authority for recompense from the Fund for an additional amount paid on behalf of an employer as compensation by virtue of section 2C(1) in respect of an injury arising out of or in the course of employment of a worker before 1 July 1975 must be lodged with or forwarded to the Authority in the form approved by the Authority." 46. New sections 112A and 112B inserted After section 112 of the Workers Compensation Act 1958 insert "112A. Additional amounts paid under section 2G (1) An insurer who may be required to pay an additional amount on behalf of an employer as compensation by virtue of section 2D(1) or 2D(2) in respect of an injury arising out of or in the course of employment of a worker must (a) give the information specified in subsection (2) to the Authority; and (b) certify that

it is true and correct. (2) The information is (a) the claim number of the insurer; (b) the name of the employer; (c) the date of injury of the worker; (d) the appropriate compensation rate. 46 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 6Workers Compensation Act 1958 112B. Recompense from the Fund for additional amounts paid under section 2G An application to the Authority for recompense from the Fund for an additional amount paid on behalf of an employer as compensation by virtue of section 2G(1) in respect of any injury arising out of or in the course of employment of a worker must be lodged with or forwarded to the Authority in the form approved by the Authority." 47. New Third Schedule inserted After the Second Schedule to the Workers Compensation Act 1958 insert "THIRD SCHEDULE LIST OF DISEASES PROCLAIMED Description of Disease Description of Process or Occupation Anthrax Wool combing, wool

sorting, handling of or coming into contact with hides, skins, wool, hair, bristles or carcasses, work in connection with animals infected with anthrax, loading and unloading or transport of merchandise. Arsenic poisoning or its sequelae Any manufacturing or other process involving the use of or contact with arsenic or its preparations or compounds. Asbestosis (with or without mesothelioma) Any mining, manufacturing or other process which involves the use of or contact with asbestos. 47 s. 47 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 47 Part 6Workers Compensation Act 1958 Description of Disease Description of Process or Occupation Avascular Necrosis or its sequelae Any occupation involving working underground or underwater where the worker is subjected to greater than normal atmospheric pressure and subsequent decompression. Brucellosis (Undulant Fever) Work in connection with animals or carcasses

infected with the brucella organism. Carbon bisulphide poisoning Any manufacturing or other process involving working in contact with or the inhalation of carbon bisulphide gas. Carbon monoxide poisoning Any manufacturing or other process involving working in contact with or the inhalation of carbon monoxide gas. Chrome ulceration or its sequelae Any manufacturing or other process involving the use of or contact with chromic acid or bichromate of ammonium, potassium or sodium or their preparations. Copper poisoning or its sequelae Any manufacturing or other process involving the use of or contact with copper or its preparations or compounds. Dermatitis venenata Any occupation, involving the use of or contact with vegetable or mineral matter. Lead poisoning or its sequelae Any manufacturing or other process involving the use of or contact with lead or its preparations or compounds. 48 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act

2006 Act No. 41/2006 Part 6Workers Compensation Act 1958 Description of Disease Description of Process or Occupation Leptospirosis, as caused by any of the serotypes of the micro-organism Leptospira, in any of its clinical manifestations. Any work done at abattoirs, slaughterhouses and knackeries involving contact directly or indirectly with animals or tissues of animals. Mercury poisoning or its sequelae Any manufacturing or other process involving the use of or contact with mercury or its preparations or compounds. Pathological manifestations due to radium and other radioactive substances or X-rays Any process involving exposure to the action of radium, radioactive substances or X-rays. Phosphorus poisoning or its sequelae Any manufacturing or other process involving the use of or contact with phosphorus or its perpetrations or compounds. Poisoning by benzol, its homologues or its nitro and amido derivates and the sequelae of these poisonings Any process or occupation

involving the production, liberation of or exposure to benzol, its homologues or its nitro and amido derivates. Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series Any process or occupation involving the production, liberation or utilization of halogen derivatives of hydrocarbons of the aliphatic series. Primary epitheliomatous cancer of the skin Any process or occupation involving handling of or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of those substances. 49 s. 47 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 47 Part 6Workers Compensation Act 1958 Description of Disease Description of Process or Occupation Q fever as caused by the micro-organism Coxiella burneti (also known as Rickettsia burneti), in any of its clinical manifestations Any work done at abattoirs, slaughterhouses and knackeries involving contact directly or indirectly

with animals or tissues of animals. Septic poisoning or its sequelae Any work involving the handling of meat or the manufacture of meat products or animal byproducts in connexion with the trade of a butcher or slaughterman. Silicosis with or without pulmonary tuberculosis Any manufacturing or other process involving exposure to the inhalation of silica dust. Subcutaneous cellulitis or acute bursitis over the elbow (beat elbow) Mining. Subcutaneous cellulitis or acute bursitis arising at or about the knee (beat knee) Mining. Tenosynovitis (inflammation of the tendon sheaths of the hand, wrist, forearm or elbow) Any process or occupation connected with the preparation, preserving, canning or bottling of jams, sauces, fruits, pickles or other similar foods for human consumption. Zinc poisoning or its sequelae Any manufacturing or other process involving the use of or contact with zinc or its preparations or compounds. ". 50 Source:

http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 7Wrongs Act 1958 PART 7WRONGS ACT 1958 48. Section 28LI substituted For section 28LI of the Wrongs Act 1958 substitute 28LI. Assessment of certain impairments (1) For the purposes of assessing the degree of psychiatric impairment the A.MA Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". (2) For the purposes of assessing the degree of asthma impairment (a) the A.MA Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 5, Tables 8 and 10, there were substituted the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma"; and (b) a reference in the guidelines entitled "Impairment Assessment in Workers with Occupational

Asthma" to "occupational asthma" is to be construed as a reference to "asthma". 51 s. 48 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 48 Part 7Wrongs Act 1958 (3) For the purposes of assessing the degree of infectious disease impairment (a) the A.MA Guides apply, subject to any regulations made for the purposes of this section and subject to the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases"; and (b) a reference in the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases" to "infectious occupational diseases" is to be construed as a reference to "infectious diseases". (4) Unless sub-section (5) applies, the guidelines referred to in sub-sections (1), (2) and (3) are the guidelines referred to in sections 91(6), 91(6A)

and 91(6B) of the Accident Compensation Act 1985 as in effect in accordance with section 91(6C) of that Act or as amended, varied or substituted in accordance with section 91(6C) of that Act. (5) The guidelines referred to in subsections (1), (2) and (3) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Minister in the Government Gazette. (6) If a subsequent edition of the guidelines is published by the Minister in the Government Gazette under sub-section (5), the guidelines have effect from the day after the day on which the Government Gazette is published. 52 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Part 7Wrongs Act 1958 (7) Subject to sub-section (8) (a) this section as in force before the commencement of section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006 continues to apply if before that commencement a person has had at least one

impairment examination for the purposes of assessing the degree of psychiatric impairment, the degree of asthma impairment or the degree of infectious disease impairment; (b) if paragraph (a) does not apply, this section as amended by section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies for the purposes of assessing the degree of psychiatric impairment, the degree of asthma impairment or the degree of infectious disease impairment in an impairment examination made on or after the commencement of section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006. (8) Despite sub-section (7)(b), if the first guidelines under section 91 of the Accident Compensation Act 1985 as amended by section 9 of the Accident Compensation and Other Legislation (Amendment) Act 2006 are not in force on the commencement of section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006, this section as in force before that

commencement continues to apply for the purposes of assessing the degree of psychiatric impairment in an impairment examination made on or after that 53 s. 48 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 s. 48 Part 7Wrongs Act 1958 commencement until the first guidelines are in force. ═══════════════ 54 Source: http://www.doksinet Accident Compensation and Other Legislation (Amendment) Act 2006 Act No. 41/2006 Endnotes ENDNOTES † Ministers second reading speech Legislative Assembly: 1 June 2006 Legislative Council: 18 July 2006 The long title for the Bill for this Act was "to amend the Accident Compensation Act 1985, the Accident Compensation (WorkCover Insurance) Act 1993, the Emergency Services Superannuation Act 1986, the Transport Accident Act 1986, the Workers Compensation Act 1958 and the Wrongs Act 1958 and for other purposes." 55