Authorised Version
Compensation Legislation Amendment Act 2016
No. 73 of 2016
TABLE OF PROVISIONS
Section
Page
Part 1—Preliminary
1
2
1
Purpose
Commencement
1
2
Part 2—Amendments to the Accident Compensation Act 1985
3
4
No entitlement to compensation where conviction for certain
serious road traffic offences
Compensation in the form of superannuation contributions
Part 3—Amendment to the Limitation of Actions Act 1958
5
Saving
3
3
4
4
Part 4—Amendments to the Transport Accident Act 1986
6
7
8
9
10
3
Objectives of the Commission
Degree of impairment
Cessation of loss of earnings payments
Medical and like benefits
New Division 10 of Part 11 inserted
Part 5—Amendments to the Workplace Injury Rehabilitation and
Compensation Act 2013
11 Definitions
12 No entitlement to compensation where conviction for certain
serious road traffic offences
13 Compensation in the form of superannuation contributions
14 WorkCover Authority Fund
15 New Division 1 of Part 12 substituted
16 New sections 537A and 537B inserted
17 Service of documents by the Authority
18 New section 623A inserted
19 New sections 623B, 623C, 623D and 623E inserted
20 New section 623F inserted
21 Consequential amendments
22 Schedule 4 amended
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5
5
6
6
7
9
9
10
10
10
11
25
26
27
27
31
32
34
Section
Page
Part 6—Repeal of amending Act
35
23 Repeal of amending Act
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Endnotes
1
35
36
General information
36
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Authorised Version
Victoria
Compensation Legislation Amendment
Act 2016†
No. 73 of 2016
[Assented to 13 December 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to amend—
(a) the Accident Compensation Act 1985; and
(b) the Limitation of Actions Act 1958; and
(c) the Transport Accident Act 1986; and
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Part 1—Preliminary
(d) the Workplace Injury Rehabilitation and
Compensation Act 2013—
to further improve the operation of those Acts.
2 Commencement
(1) This Part, sections 3, 6, 7, 9, 10, 12, 16, 17 and 18
and Part 6 come into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Part 3 and section 22 are taken to have come into
operation on 1 July 2014.
(3) Sections 4, 8, 11(2), 13, 14 and 20 come into
operation on 1 July 2017.
(4) Subject to subsection (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 11 October 2017,
it comes into operation on that day.
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Part 2—Amendments to the Accident Compensation Act 1985
Part 2—Amendments to the Accident
Compensation Act 1985
3 No entitlement to compensation where conviction
for certain serious road traffic offences
(1) In section 82C(1)(b)(iii) of the Accident
Compensation Act 1985, after "the Crimes
Act 1958" insert "or a corresponding law".
(2) After section 82C(1) of the Accident
Compensation Act 1985 insert—
"(1A) For the purposes of this section, the
Minister may by Order published in the
Government Gazette declare a law of
another State or a Territory, including a law
that has been repealed or has expired, to be a
corresponding law for the purposes of this
section.".
4 Compensation in the form of superannuation
contributions
In section 93CE(1)(c) of the Accident
Compensation Act 1985, for "the age of
65 years" substitute "retirement age".
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Part 3—Amendment to the Limitation of Actions Act 1958
Part 3—Amendment to the Limitation of
Actions Act 1958
5 Saving
In section 40 of the Limitation of Actions
Act 1958, in paragraph (a), after "1985"
insert "or Part 7 of the Workplace Injury
Rehabilitation and Compensation Act 2013".
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Part 4—Amendments to the Transport Accident Act 1986
Part 4—Amendments to the Transport
Accident Act 1986
6 Objectives of the Commission
In section 11(f) of the Transport Accident
Act 1986, for "section 143A of the Accident
Compensation Act 1985" substitute
"section 392 of the Workplace Injury
Rehabilitation and Compensation Act 2013".
7 Degree of impairment
(1) In section 46A(2)(a)(i) of the Transport
Accident Act 1986, for "subsections (2A)
and (2B)" substitute "this section".
(2) After section 46A(2B) of the Transport
Accident Act 1986 insert—
"(2C) The A.M.A Guides and the Spinal
Impairment Guides Modification Document
apply in respect of an assessment of
impairment under section 3.3 of Chapter 3
of the A.M.A Guides, and if there is any
inconsistency between the A.M.A Guides
and the Spinal Impairment Guides
Modification Document, the Spinal
Impairment Guides Modification Document
prevails, to the extent of the inconsistency.
(2D) The Spinal Impairment Guides Modification
Document may be amended, varied or
substituted by a subsequent edition of the
Spinal Impairment Guides Modification
Document published by the Commission in
the Government Gazette.
(2E) An amendment, variation or substitution of
the Spinal Impairment Guides Modification
Document under subsection (2D) has effect
on the day after the day on which the
amendment, variation or substitution (as the
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Part 4—Amendments to the Transport Accident Act 1986
case may be) is published in the Government
Gazette.".
(3) For section 46A(7) of the Transport Accident
Act 1986 substitute—
"(7) In this section—
A.M.A Guides means the American Medical
Association's Guides to the Evaluation
of Permanent Impairment (Fourth
Edition) (other than Chapter 15) as
modified by this Act;
Spinal Impairment Guides Modification
Document means the Spinal
Impairment Guides Modification
Document published in the Government
Gazette on 6 October 2016.".
8 Cessation of loss of earnings payments
For section 53(1)(b) of the Transport Accident
Act 1986 substitute—
"(b) in any other case—after the earner attains
pension age—".
9 Medical and like benefits
After section 60(2E) of the Transport Accident
Act 1986 insert—
"(2EA) Subsection (2EB) applies if—
(a) a person dies as a result of a
transport accident; and
(b) a funeral, burial or cremation is
held in Australia in respect of the
person; and
(c) the service is held at least
100 kilometres from the normal
residence of the members of the
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immediate family of the person
referred to in paragraph (a); and
(d) members of the immediate family
incur reasonable travelling or
accommodation expenses in Australia
by reason of attending the service
referred to in paragraph (b).
(2EB) The Commission is, subject to this Act,
liable to pay as compensation to the
members of the immediate family
payments not exceeding $5000 in total
in respect of the expenses referred to in
subsection (2EA)(d).".
10 New Division 10 of Part 11 inserted
At the end of Part 11 of the Transport Accident
Act 1986 insert—
"Division 10—Compensation Legislation
Amendment Act 2016
229 Amendment of section 46A (Degree of
impairment)
(1) For the purposes of making an assessment of
impairment under section 3.3 of Chapter 3 of
the A.M.A Guides, this Act, as amended by
section 7 of the amending Act, applies in
respect of a transport accident that occurs on
or after the commencement date.
(2) In this section—
amending Act means the Compensation
Legislation Amendment Act 2016;
commencement date means the day on
which section 7 of the amending Act
comes into operation.
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Part 4—Amendments to the Transport Accident Act 1986
230 Amendment of section 60 (medical and
like benefits—travel and accommodation
expenses for attending funeral)
(1) This Act, as amended by section 9 of the
amending Act, applies in respect of a
transport accident that occurs on or after
the commencement date.
(2) In this section—
amending Act means the Compensation
Legislation Amendment Act 2016;
commencement day means the day on which
section 9 of the amending Act comes
into operation.".
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Part 5—Amendments to the Workplace Injury Rehabilitation and
Compensation Act 2013
Part 5—Amendments to the Workplace
Injury Rehabilitation and Compensation
Act 2013
11 Definitions
(1) In section 3 of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) insert the following definition—
"ACCS means the Accident Compensation
Conciliation Service established under
section 519;";
(b) in paragraph (b) of the definition of
Conciliation Officer, for "section 523(2)"
substitute "section 531";
(c) for the definition of Conciliation Service
substitute—
"Conciliation Service means the Accident
Compensation Conciliation Service
established under section 52A of the
Accident Compensation Act 1985 as
in force immediately before 1 July
2014;";
(d) in the definition of Senior Conciliation
Officer, for "section 523(1)" substitute
"section 530".
(2) In section 3 of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
the definition of retirement age substitute—
"retirement age, in relation to a worker, means the
age at which the worker attains pension age
within the meaning of the Social Security
Act 1991 of the Commonwealth;".
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12 No entitlement to compensation where conviction
for certain serious road traffic offences
(1) In section 44(1)(b)(iii) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "the Crimes Act 1958" insert "or a
corresponding law".
(2) After section 44(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"(1A) For the purposes of this section, the
Minister may by Order published in the
Government Gazette declare a law of another
State or a Territory, including a law that has
been repealed or has expired, to be a
corresponding law for the purposes of this
section.".
13 Compensation in the form of superannuation
contributions
In section 168(1)(c) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"the age of 65 years" substitute "retirement age".
14 WorkCover Authority Fund
For section 513(5)(g) of the Workplace Injury
Rehabilitation and Compensation Act 2013
substitute—
"(g) any payment required to meet the obligation
imposed on the Authority by section 537B to
fund Medical Panels; and".
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15 New Division 1 of Part 12 substituted
For Division 1 of Part 12 of the Workplace
Injury Rehabilitation and Compensation
Act 2013 substitute—
"Division 1—Accident Compensation
Conciliation Service
519 Accident Compensation Conciliation
Service
(1) The Accident Compensation Conciliation
Service is established.
(2) ACCS—
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold and dispose of real
and personal property; and
(e) subject to this Act, may do and suffer
all acts and things that a body corporate
may by law do and suffer.
520 Official seal
(1) The official seal of ACCS must—
(a) be kept in such custody as ACCS
directs; and
(b) not be used except as authorised by
ACCS.
(2) All courts must take judicial notice of the
official seal of ACCS affixed to any
document.
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521 ACCS does not represent the Crown
In performing its functions and exercising
its powers, ACCS does not represent the
Crown.
522 Functions
The functions of ACCS are—
(a) to provide independent conciliation
services for the purposes of this Act
and the Accident Compensation
Act 1985; and
(b) to ensure that conciliations are
conducted by ACCS in an expeditious
and consistent manner; and
(c) to ensure that ACCS and its employees,
contractors and agents operate in a
transparent and accountable manner;
and
(d) to monitor and manage the performance
of ACCS and its employees, contractors
and agents; and
(e) to ensure that ACCS and its employees,
contractors and agents comply with the
policies and procedures of ACCS and
with any guidelines made by the
Minister; and
(f) to carry out any other functions
conferred on ACCS by or under this
Act.
523 Powers
Subject to this Act, ACCS has power to
do all things necessary or convenient in
connection with, or as incidental to, the
performance of its functions.
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524 Board of directors
(1) ACCS must have a board of directors.
(2) The board consists of not less than
5 directors and not more than 7 directors.
(3) Members of the board are appointed by the
Minister including—
(a) one director who is to be appointed as
the chairperson; and
(b) one director who is to be appointed as
the deputy chairperson.
(4) The Minister must not appoint a director
under subsection (3) unless the Minister is
satisfied the person is—
(a) an Australian legal practitioner within
the meaning of the Legal Profession
Uniform Law (Victoria); or
(b) a member of Chartered Accountants
Australia & New Zealand, Certified
Practising Accountants Australia or the
Institute of Public Accountants; or
(c) a person holding a professional
certificate from the Resolution Institute
or another formal qualification in
alternative dispute resolution; or
(d) a fellow, graduate member or member
of the Australian Institute of Company
Directors; or
(e) a person with significant experience in
working with a workers' compensation
scheme or a statutory no-fault insurance
scheme.
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525 Conditions of appointment of directors
(1) A director—
(a) holds office for a fixed term as
specified in the instrument of
appointment; and
(b) holds office on the terms and
conditions (including remuneration
and allowances) that are specified in
the instrument of appointment; and
(c) may be reappointed; and
(d) may resign from office by delivering
a signed letter of resignation to the
Minister; and
(e) in respect of the office of director, is
subject to the Public Administration
Act 2004 (other than Part 3 of that
Act).
(2) The office of a director becomes vacant if
the director—
(a) becomes insolvent under
administration; or
(b) is found guilty of an indictable
offence; or
(c) is absent from 3 consecutive board
meetings without the approval of the
board; or
(d) retires, resigns or dies.
526 Acting appointments
(1) The deputy chairperson must act as
chairperson—
(a) if the office of chairperson is vacant; or
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(b) during any period when the chairperson
is absent; or
(c) if the chairperson is for any other
reason unable to attend board meetings
or otherwise unable to perform the
duties of the office.
(2) While the deputy chairperson is acting as
chairperson, the deputy chairperson—
(a) has and may exercise all the powers,
and must perform all the functions and
duties, of the chairperson; and
(b) is entitled to be paid the remuneration
and allowances which the chairperson
would have been entitled to.
(3) The Minister may appoint a director to act as
deputy chairperson—
(a) during a vacancy in the office of deputy
chairperson; or
(b) during any period when the deputy
chairperson is absent; or
(c) during any period when the deputy
chairperson is acting as chairperson; or
(d) if the deputy chairperson is, for any
other reason, unable to attend meetings
of the board or otherwise unable to
perform the duties of the office.
(4) While a director is acting as deputy
chairperson, the director has and may
exercise all the powers, and must perform
all the functions and duties, of the deputy
chairperson.
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(5) The Minister may appoint a person to act as
a director (other than the chairperson or
deputy chairperson)—
(a) during a vacancy in the office of a
director; or
(b) during any period when the director is
absent; or
(c) during any period when the director is
acting as deputy chairperson; or
(d) if the director is, for any other reason,
unable to attend meetings of the board
or otherwise unable to perform the
duties of the office.
(6) While a person is acting as director, the
person—
(a) has and may exercise all the powers,
and must perform all the functions and
duties, of the director; and
(b) is entitled to be paid the remuneration
and allowances which the director
would have been entitled to.
(7) The Minister must not appoint a person to
act as director unless the Minister is satisfied
that the person is—
(a) an Australian legal practitioner within
the meaning of the Legal Profession
Uniform Law (Victoria); or
(b) a member of Chartered Accountants
Australia & New Zealand, Certified
Practising Accountants Australia or the
Institute of Public Accountants; or
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(c) a person holding a professional
certificate from the Resolution Institute
or another formal qualification in
alternative dispute resolution; or
(d) a fellow, graduate member or member
of the Australian Institute of Company
Directors; or
(e) a person with significant experience in
working with a workers' compensation
scheme or a statutory no-fault insurance
scheme.
527 Validity of acts or decisions
An act or a decision of the board is not
invalid only—
(a) because of a vacancy in the
membership of the board, including a
vacancy arising from the failure to
appoint a director; or
(b) because of a defect or irregularity in, or
in connection with, the appointment of
a director or an acting director; or
(c) in the case of an acting director, on the
grounds that the occasion for the person
to act had not arisen or had ceased.
528 Proceedings of board
(1) Subject to subsection (2), meetings of the
board must be held no less than 3 times a
year, at the times and places determined by
the board.
(2) The chairperson—
(a) may at any time convene a meeting of
the board; and
(b) must convene a meeting of the board
when requested by a director to do so.
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(3) Three of the directors constitute a quorum of
the board.
(4) A question arising at a meeting of the board
is determined by a majority of votes.
(5) The board must ensure that accurate minutes
are kept of its meetings.
(6) The person presiding at a meeting of the
board has—
(a) a deliberative vote; and
(b) in the case of an equality of votes, a
second or casting vote.
(7) The board may permit directors to participate
in a particular meeting by any means of
communication that does not require the
physical presence of each director in the
same place.
(8) Subject to this Act, the board may regulate
its own proceedings.
529 Resolutions without meetings
(1) If the directors for the time being (other than
a director who is absent from Australia when
the other directors sign) sign a document
containing a statement that they are in favour
of a resolution in the terms set out in the
document, a resolution in those terms is
taken to have been passed at a meeting of the
board held—
(a) on the day on which the document is
signed; or
(b) if the directors do not sign the
document on the same day, on the day
on which the last director to sign signs
the document.
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(2) If a resolution is taken under subsection (1)
to have been passed at a meeting of the
board, each director must be—
(a) advised as soon as practicable; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subsection (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by
one or more directors, are taken to constitute
one document.
530 Senior Conciliation Officer
(1) The board, with the approval of the Minister,
may appoint a person as the Senior
Conciliation Officer.
(2) The Senior Conciliation Officer is also the
chief executive officer of ACCS and is
responsible for the management of the affairs
of ACCS in accordance with the general
policies and strategic direction determined
by the board.
(3) The Senior Conciliation Officer holds
office, subject to this Act, on a full-time
basis and on such terms and conditions as are
determined by the board and specified in the
instrument of appointment.
(4) The Senior Conciliation Officer may resign
from office by delivering a signed letter of
resignation to the chairperson.
(5) The Senior Conciliation Officer may be a
director of ACCS, other than the
chairperson.
(6) The Senior Conciliation Officer may act as a
Conciliation Officer.
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(7) If the Senior Conciliation Officer is unable,
whether because of illness, suspension,
absence or otherwise, to perform the duties
of the office of Senior Conciliation Officer,
the board may appoint another person to act
in the place of the Senior Conciliation
Officer during the period of the inability.
(8) A person appointed under this section to act
in the place of the Senior Conciliation
Officer while so acting—
(a) has all the rights and powers, and must
perform all the duties, of the Senior
Conciliation Officer; and
(b) is to be paid any remuneration and
travelling or other allowances fixed by
the board from time to time, having
regard to the rate of remuneration and
allowances for the time being payable
to the Senior Conciliation Officer.
531 Staff of ACCS
(1) ACCS may employ such number of—
(a) Conciliation Officers to conduct
conciliations; and
(b) other employees—
as it considers necessary to enable ACCS to
perform its functions.
(2) ACCS may enter into agreements or
arrangements for the use of the services of
any staff of a public entity or public service
body.
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532 No interference in individual conciliations
The powers of ACCS to monitor and
manage its employees, or to ensure that
its employees comply with policies and
procedure of ACCS and with any guidelines
made by the Minister, do not include the
power to direct the Senior Conciliation
Officer or a Conciliation Officer as to the
exercising of their powers under this Act,
or the outcome of a specific conciliation or
conciliations.
533 Data to be collected by the Senior
Conciliation Officer
(1) The Senior Conciliation Officer must, on or
before 1 September each year, collect and
provide the Minister with the following data
in respect of the year ending on the
preceding 30 June—
(a) the number of disputes referred for
conciliation;
(b) the number of matters referred to a
Medical Panel;
(c) the number and nature of complaints
referred to ACCS about the conduct
of ACCS;
(d) the number and nature of the outcomes
of the disputes referred for conciliation;
(e) the number of medical reports
received or requested by ACCS
under section 289;
(f) the number of instances the Senior
Conciliation Officer allowed an
extension of time for lodging an
application or allowed an application
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to be lodged out of time under
section 283;
(g) any other information that the Minister
requests be provided.
(2) A person may, in writing, request the
Senior Conciliation Officer to make the data
collected under subsection (1) publicly
available.
(3) If the Senior Conciliation Officer receives a
request under subsection (2), the Senior
Conciliation Officer must publish the data as
soon as reasonably possible on an Internet
site maintained by ACCS.
534 Indemnity, borrowing and guarantees
The powers of ACCS do not include a
power—
(a) to exempt (whether directly or
indirectly) a director from, or to
indemnify (whether by paying a
premium in respect of a contract of
insurance or otherwise) a director
against, any liability that by law would
otherwise attach to the director in
respect of a wilful breach of duty or
breach of trust of which the director
may be guilty in relation to ACCS; or
(b) to borrow or invest money; or
(c) to give guarantees; or
(d) to make loans to directors.
535 Extra territoriality
ACCS may perform its functions and
exercise its powers within or outside
Victoria.
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536 Delegation
(1) Subject to subsection (2), ACCS, by
instrument, may delegate any power,
function or duty of ACCS under any Act
or regulations under any Act to—
(a) the Senior Conciliation Officer; or
(b) an employee of ACCS; or
(c) a person engaged by ACCS to assist in
the performance of its functions.
(2) ACCS may not delegate the power to
appoint the Senior Conciliation Officer
under section 530.
536A Protection against liability for
Conciliation Officers
(1) The Senior Conciliation Officer or a
Conciliation Officer is not personally liable
for anything done or omitted to be done in
good faith—
(a) in the exercise of a power or the
discharge of a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the discharge of a duty under this
Act.
(2) Any liability resulting from an act or
omission that, but for subsection (1) would
attach to the Senior Conciliation Officer or
a Conciliation Officer, attaches instead
to ACCS.
536B Direction by Minister
(1) Subject to subsection (2), ACCS is subject
to the general direction and control of the
Minister.
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(2) The Minister must not direct ACCS or any
of its employees as to the exercising of their
discretionary powers under this Act, or the
outcome of a specific conciliation or
conciliations.
(3) If the Minister gives ACCS a written
direction, ACCS may publish the direction
in the Government Gazette.
536C ACCS budget
(1) Each year, on or before the date specified
by the Minister, ACCS must submit to the
Minister a proposed annual budget for its
operations for the coming financial year.
(2) The Minister must either approve the
proposed budget or request that the proposed
budget be amended.
536D Authority to fund ACCS
In each financial year, the Authority must
make payments from the WorkCover
Authority Fund to ACCS, subject to and in
accordance with the budget approved by
the Minister under section 536C for that
financial year or, if the Minister approves an
increase in that budget, that budget as so
varied, to enable ACCS to meet expenses
incurred by it in respect of that financial
year.
536E Signature
(1) Any document or copy of a document
issuing out of the office of ACCS and
bearing the written, stamped or printed
signature of—
(a) a Conciliation Officer; or
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(b) a person authorised by ACCS or the
Senior Conciliation Officer—
is, until the contrary is proved, deemed to
have been duly signed by the person by
whom it purports to have been signed.
(2) Judicial notice is to be taken of every
signature referred to in subsection (1) and of
the fact that the person whose signature it
purports to be holds or has held the office of
Conciliation Officer or is or has been a
person authorised by ACCS or the Senior
Conciliation Officer.".
16 New sections 537A and 537B inserted
After section 537 of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"537A Medical Panels budget
(1) Each year, on or before the date specified by
the Minister, the Convenor must submit to
the Minister a proposed annual budget for
costs and expenses to enable the proper
functioning of Medical Panels in connection
with the operation of Division 3 of Part 6 and
Division 2 of Part 12 for the coming
financial year.
(2) The Minister must either approve the
proposed budget or request that the proposed
budget be amended.
537B Authority to fund Medical Panels
In each financial year, the Authority must
make payments from the WorkCover
Authority Fund—
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(a) subject to and in accordance with the
budget approved by the Minister under
section 537A for that financial year or,
if the Minister approves an increase in
that budget, that budget as so varied, to
enable the Convenor to meet costs and
expenses for the proper functioning of
Medical Panels in connection with the
operation of Division 3 of Part 6 and
Division 2 of Part 12 in respect of that
financial year; and
(b) to pay remuneration (including
allowances) of members of Medical
Panels in connection with the operation
of Division 3 of Part 6 and Division 2
of Part 12 in respect of that financial
year.".
17 Service of documents by the Authority
(1) In section 593(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) in paragraph (c) omit "with a person on
the premises who is apparently at least
16 years old";
(b) in paragraph (d) omit "with a person who is
apparently employed at the premises and
who is apparently at least 16 years old".
(2) After section 593(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"(2A) For the purposes of this section, service of a
document that is sent by post is taken to have
been effected 2 business days from the date
of posting, unless the contrary is proved.".
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18 New section 623A inserted
After section 623 of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"623A Transitional provision—Staff to be
transferred to ACCS
The Chief Executive Officer of the Authority
must list in writing the employees of the
Authority who are to become employees of
ACCS.".
19 New sections 623B, 623C, 623D and 623E inserted
After section 623A of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"623B Transitional provision—Transfer of staff
to ACCS
(1) A person listed under section 623A who was
an employee of the Authority immediately
before the commencement of this section
(transferred employee) is to be regarded
as—
(a) having been employed by ACCS with
effect from that commencement; and
(b) having been so employed on the same
terms and conditions as those that
applied to the person, immediately
before that commencement, as an
employee of the Authority; and
(c) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
entitlement that the person had accrued,
as an employee of the Authority,
immediately before that
commencement.
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(2) The service of a transferred employee as an
employee of ACCS is to be regarded for all
purposes as having been continuous with the
service of the transferred employee,
immediately before the commencement of
this section, as an employee of the Authority.
(3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of the Authority because of this
Act.
(4) A certificate purporting to be signed by the
Chief Executive Officer of the Authority
certifying that the person named in the
certificate was, with effect from the
commencement of this section, employed, by
virtue of this section, by ACCS is admissible
in evidence in any proceedings as evidence
of the matters stated in it.
(5) Nothing in this section prevents—
(a) any of the terms and conditions of
employment of a transferred employee
being altered by or under any law,
award or agreement with effect from
any time after the commencement of
this section; or
(b) a transferred employee from resigning
or being dismissed at any time after that
commencement in accordance with the
then existing terms and conditions of
the transferred employee's employment
with ACCS.
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623C Provisions relating to establishment of
ACCS
(1) In this section, commencement date
means the day on which section 15 of the
Compensation Legislation Amendment
Act 2016 comes into operation.
(2) On and from the commencement date—
(a) the Conciliation Service is wound up;
and
(b) the Senior Conciliation Officer goes out
of office and is taken to be employed
by ACCS for a fixed term of 12 months
beginning on the commencement date,
on the same terms and conditions as set
out in the instrument of appointment as
in force immediately before the
commencement date; and
(c) the Conciliation Officers go out of
office and are taken to be employed by
ACCS for a fixed term of 6 months
beginning on the commencement date,
on the same terms and conditions as
set out in the instrument of appointment
as in force immediately before the
commencement date; and
(d) all property and rights of the
Conciliation Service vest in ACCS; and
(e) all liabilities of the Conciliation Service
become liabilities of ACCS; and
(f) ACCS is the successor in law of the
Conciliation Service.
623D Validity of things done under section 623C
(1) Nothing effected or to be effected by
section 623C or done or suffered under
section 623C—
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(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any
person in breach of, or as constituting
a default under, any Act or other law
or obligation or any provision in
any agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
prohibiting, restricting or regulating
the assignment, transfer, sale or
disposal of any property or the
disclosure of any information; or
(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
asset, right or liability; or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
wholly or in part from any obligation.
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(2) In this section, Act does not include
the Charter of Human Rights and
Responsibilities.
623E Savings provisions—Compensation
Legislation Amendment Act 2016
(1) In this section, commencement date
means the day on which section 15 of the
Compensation Legislation Amendment
Act 2016 comes into operation.
(2) On and from the commencement date, any
conciliation that was being conducted by the
Conciliation Service immediately before the
commencement date but was not concluded
may be concluded by ACCS.".
20 New section 623F inserted
After section 623E of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"623F Transitional provision—Compensation
Legislation Amendment Act 2016
(1) In this section, commencement date
means the day on which section 11(2) of the
Compensation Legislation Amendment
Act 2016 comes into operation.
(2) A person to whom section 169 applied
immediately before the commencement date
is, on and from the commencement date,
entitled to weekly payments under this Act
for whichever of the following is the longer
period—
(a) the first 130 weeks (whether
consecutive or not) of incapacity
for work; or
(b) until the day the person reaches
retirement age.".
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21 Consequential amendments
(1) In sections 6(8)(a), 26(1), 282(2) and (3),
and 296(2)(a) of the Workplace Injury
Rehabilitation and Compensation
Act 2013, for "the Senior Conciliation
Officer" substitute "ACCS".
(2) In sections 6(9)(a), 26(1), 103(3)(a)(i)
and (ii) and (c), 178(1) and (4), 193(1)(a),
194(2), 202(2)(a), 204(4)(a), 278(4), 281(1),
282(1), 289(1)(a), 290, 294(2), 295, 296(1),
297(2), (4), (5), (6), (7) and (10), 298(1)
and (2), 299(2) and (4), 300(1)(a), 302(1),
306(1), 394(1) and 595(2)(b) of the
Workplace Injury Rehabilitation and
Compensation Act 2013, for "a Conciliation
Officer" substitute "ACCS".
(3) In sections 26(2), 178(4), 194(2)(a),
202(2)(b), 204(4)(b), 273(1)(b) and (c),
285(1), 286, 288 (where thrice occurring),
290, 291(1), 296(4), 297(3) (where twice
occurring), (7), (8)(b) and (c), (9) and (10),
298(1) and (2), 306(2) and 313(1)(b) of the
Workplace Injury Rehabilitation
and Compensation Act 2013, for
"the Conciliation Officer" substitute
"ACCS".
(4) In sections 273(1)(c), 283 and 294(1)(a) of
the Workplace Injury Rehabilitation and
Compensation Act 2013, for "he or she"
substitute "ACCS".
(5) In the headings to sections 202, 297 and 299
of the Workplace Injury Rehabilitation
and Compensation Act 2013, for
"Conciliation Officer" substitute "ACCS".
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(6) In section 264(1)(b) of the Workplace
Injury Rehabilitation and Compensation
Act 2013, for "a conciliation officer"
substitute "ACCS".
(7) In section 283 of the Workplace Injury
Rehabilitation and Compensation
Act 2013—
(a) in the heading, for "Senior
Conciliation Officer" substitute
"ACCS";
(b) for "The Senior Conciliation Officer"
substitute "ACCS".
(8) In section 284 of the Workplace Injury
Rehabilitation and Compensation
Act 2013—
(a) in the heading, for "Conciliation
officer" substitute "ACCS";
(b) for "A Conciliation Officer"
substitute "ACCS".
(9) In section 287(2) and 294(1) of the
Workplace Injury Rehabilitation
and Compensation Act 2013, for
"The Conciliation Officer" substitute
"ACCS".
(10) In sections 291(1) and (2), 293, 296(4)
and 308(1) of the Workplace Injury
Rehabilitation and Compensation
Act 2013, for "A Conciliation Officer"
substitute "ACCS".
(11) In the headings to sections 293 and 294 of
the Workplace Injury Rehabilitation and
Compensation Act 2013, for "Conciliation
Officers" substitute "ACCS".
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(12) For section 299(1) of the Workplace
Injury Rehabilitation and Compensation
Act 2013 substitute—
"(1) A direction given by ACCS under this
Division may be revoked by ACCS.".
(13) In section 313(3) of the Workplace
Injury Rehabilitation and Compensation
Act 2013, for "the relevant Conciliation
Officer" substitute "ACCS".
(14) In section 513(5)(i) of the Workplace
Injury Rehabilitation and Compensation
Act 2013—
(a) for "section 535" substitute
"section 536D";
(b) for "the Conciliation Service"
substitute "ACCS".
22 Schedule 4 amended
In the Table in Schedule 4 to the Workplace
Injury Rehabilitation and Compensation
Act 2013, for "191 250" substitute "191 520".
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Part 6—Repeal of amending Act
23 Repeal of amending Act
This Act is repealed on 11 October 2018.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
†
Minister's second reading speech—
Legislative Assembly: 12 October 2016
Legislative Council: 10 November 2016
The long title for the Bill for this Act was "A Bill for an Act to amend
the Accident Compensation Act 1985, the Limitation of Actions
Act 1958, the Transport Accident Act 1986 and the Workplace Injury
Rehabilitation and Compensation Act 2013 to further improve the
operation of those Acts and for other purposes."
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