Accident Compensation Amendment Act 2007

Accident Compensation Amendment Act 2007 No. 34 of 2007

TABLE OF PROVISIONS

Section Page 1 Purpose 1 2 Commencement 1 3 Amendment of section 151—Provisions to apply where body corporate ceases to be self-insurer 2 4 Amendment of section 172—Provision of guarantees 3 5 Amendment of section 242—Failure to comply with Part VIA 4 6 Amendment of section 252—Institution of prosecutions 5 7 Repeal of Act 5 ═══════════════

ENDNOTES 6

Victoria

Accident Compensation Amendment Act 2007†

No. 34 of 2007

[Assented to 14 August 2007]

The Parliament of Victoria enacts:

1 Purpose The purpose of this Act is to amend the Accident Compensation Act 1985 to improve the effectiveness of the provisions relating to self- insurers and non-WorkCover employers. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent.

1 s. 3

3 Amendment of section 151—Provisions to apply where body corporate ceases to be self-insurer (1) For section 151(1) of the Accident See: Act No. Compensation Act 1985 substitute— 10191. Reprint No. 14 "(1) If a body corporate ceases to be a self-insurer as at 26 July 2006 on or after the commencement of section 3 and of the Accident Compensation amending Act Nos Amendment Act 2007, the Authority 107/1997, assumes the liability in respect of the 95/2003, 97/2005, assessed liability within the meaning of 24/2006, section 146, being the liability that the body 69/2006 and 80/2006. corporate would have had if the body LawToday: corporate had continued to be a self-insurer www. legislation. in respect of injuries or deaths incurred or vic.gov.au suffered by workers employed by the body corporate or its subsidiaries and which entitled a worker or a worker's dependants to compensation (whether under this Act, at common law or otherwise) and whether or not a claim for compensation has been made.". (2) For section 151(2) of the Accident Compensation Act 1985 substitute— "(2) If a body corporate has made an election to retain liability under subsection (1) as in force before the commencement of section 3 of the Accident Compensation Amendment Act 2007, the Authority may by notice published in the Government Gazette declare that the body corporate has ceased to be liable for the assessed liability to pay compensation under this Act and, upon the publication of the notice, the Authority assumes the liability referred to in subsection (1).". s. 4

4 Amendment of section 172—Provision of guarantees (1) In section 172(1) of the Accident Compensation Act 1985 after "there is in force" insert ", until the date a payment if required under section 171 is made or, if no payment is required, until the date which is 28 days after the notice of revised assessment is received under section 171,". (2) After section 172(1) of the Accident Compensation Act 1985 insert— "(1A) If a non-WorkCover employer receives a notice of assessment of tail claims liabilities under section 169, the non-WorkCover employer may, with the approval of the Authority, provide a new guarantee in a form approved by the Authority in lieu of a guarantee in force under subsection (1), to continue in force until the date a payment if required under section 171 is made or, if no payment is required, until the date which is 28 days after the notice of revised assessment is received under section 171.". (3) After section 172(2) of the Accident Compensation Act 1985 insert— "(3) For the purpose of any proceeding commenced by the Authority to recover under a guarantee under this section, a certificate purporting to be signed by an officer or employee of the Authority certifying that— (a) an event referred to in subsection (2)(a) or (2)(b) and specified in the certificate has occurred; and s. 5

(b) the Authority has suffered a loss of the amount specified in the certificate as a result of that event occurring— is evidence of the matters stated in the certificate and, in the absence of evidence to the contrary, is proof of those matters. (4) This section as amended by section 4 of the Accident Compensation Amendment Act 2007 applies to an employer who is a non- WorkCover employer irrespective of whether the employer became a non- WorkCover employer before, on or after the commencement of the Accident Compensation Amendment Act 2007.". 5 Amendment of section 242—Failure to comply with Part VIA After section 242(8) of the Accident Compensation Act 1985 insert— "(9) A non-WorkCover employer must not fail to comply with a provision of Part VIA. (10) A non-WorkCover employer who contravenes subsection (9) is guilty of an offence against this Act and liable to a penalty of not more than 120 penalty units and in the case of a continuing offence to a daily penalty of 60 penalty units for each day the contravention continues after a finding of guilt in relation to that offence. (11) For the purposes of subsection (10), an offence is a continuing offence if a non- WorkCover employer continues to fail to comply with a provision of Part VIA after the non-WorkCover employer is found guilty of contravening subsection (9) in respect of that provision. s. 6

(12) This section as amended by section 5 of the Accident Compensation Amendment Act 2007 applies to an employer who is a non- WorkCover employer irrespective of whether the employer became a non- WorkCover employer before, on or after the commencement of the Accident Compensation Amendment Act 2007.". 6 Amendment of section 252—Institution of prosecutions In section 252(4)(a) of the Accident Compensation Act 1985 after "242(5)," insert "242(9), 242(10)". 7 Repeal of Act This Act is repealed on the first anniversary of its commencement. ═══════════════ Accident Compensation Amendment Act 2007 No. 34 of 2007

Endnotes

ENDNOTES

6 † Minister's second reading speech— Legislative Assembly: 23 May 2007 Legislative Council: 19 July 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Accident Compensation Act 1985 and for other purposes."