Victorian Current Acts Victorian Current Acts(1) This section applies to and in relation to any award of compensation made—
S. 46(1)(a) amended by Nos 67/1992 s. 64(11)(b), 50/1994 s. 119(a).
(a) by the Workers Compensation Board under this Act as in force before the appointed day or by the Tribunal, Administrative Appeals Tribunal or the County Court under this Act on or after the appointed day; and
(b) in respect of the death, incapacity and disablement of a worker or the costs of medical, hospital, nursing or ambulance services or of cremation or burial; and
(c) against an employer whose liability in respect of that death, incapacity or disablement or those costs is covered—
S. 46(1)(c)(i) amended by No. 50/1993 s. 112(1)(f).
(i) by a policy of insurance or indemnity in accordance with this Act as in force before the appointed day; or
(ii) by the terms of a scheme in respect of which a certificate was before the appointed day in force under this Act.
S. 46(2) amended by Nos 67/1992 s. 64(11)(b) (as amended by No. 50/1993 s. 111(2)(d)(iii)) (d) (as amended by No. 50/1993 s. 111(2)(e)), 50/1994 s. 112.
(2) Where any payment under an award remains unpaid for a period of not less than one month after the due date for payment, the person or the agent of the person in whose favour the award was made may apply to the County Court for payment out of the Fund.
S. 46(3) substituted by No. 83/1987 s. 109(7), amended by Nos 67/1992 s. 64(11)(b), 50/1994 s. 119(b).
(3) The County Court may order that all or any of the payments to be made under the award (whether payable at the date of the order or to become payable after) are to be paid out of the Fund if the County Court is satisfied that—
(a) a copy of the award—
(i) has been served on the employer; or
(ii) has not been served on the employer because the employer cannot be found, is dead or has been wound-up; and
(b) the worker has attempted to obtain from the employer reasons for the non-payment of the payment under the award; and
(c) the payment under the award has not been made.
S. 46(4) repealed by No. 83/1987 s. 109(7).
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S. 46(5) amended by Nos 67/1992 s. 64(11)(c), 50/1994 s. 119(c)(d).
(5) Where any amounts are paid out of the Fund under an order under subsection (3) the Authority is entitled to recover the amounts so paid—
(a) from the insurer to the extent of the amount which the insurer would but for this section have been liable to pay to the employer under the policy and the balance from the employer; or
(b) in the case of a scheme in respect of which a certificate was before the appointed day in force under this Act, from the employer—
in any court of competent jurisdiction as a civil debt recoverable summarily together with any costs incurred by the Authority in connection therewith and together with interest thereon at the prescribed rate.
S. 46(6) amended by No. 50/1994 s. 119(e).
(6) The rules under the County Court Act 1958 may make provision for or with respect to the notices to be given by applicants and generally the practice and procedure in respect of applications under subsection (2).
S. 46(7) amended by No. 67/1992 s. 64(11)(b)(c), repealed by No. 50/1994 s. 119(f).
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S. 46(8) repealed by No. 50/1994 s. 119(f).
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S. 46(9) amended by No. 67/1992 s. 64(11)(c).
(9) An employer is not indemnified in respect of any money recoverable by the Authority from an insurer under subsection (5).
Pt 2 Divs 2–5 repealed. [7]
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Part III—Miscellaneous
Division 1—Seamen
Nos 5601 s. 59, 5676 s. 4(2)(a).