Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 34

    (1)     The Authority may serve a notice in writing on a person who, in the opinion of the Authority, was at the time of the injury—

        (a)     an employer of a worker to or in respect of whom compensation was paid or payable under this Act or the Accident Compensation Act 1985 ; and

        (b)     an employer to which section 430(1) applies—

but was not, at that time, registered as an employer under section 434, requiring that person, within a period specified in the notice, to reimburse to the Authority an amount, not exceeding the amount of compensation paid, specified in the notice.

    (2)     Subsection (1) does not apply to an employer which has applied to be recorded under section 32.

S. 34(3) amended by No. 44/2014 s. 8.

    (3)     If a person is liable to pay contribution under section 23B of the Wrongs Act 1958 or a corresponding provision of an Act of the Commonwealth or another State or a Territory in respect of an injury suffered by, or death of, a worker and, at the time of the injury or death, the person was, in the opinion of the Authority—

        (a)     the employer of the worker; and

        (b)     an employer to which section 430(1) applies; and

        (c)     not registered as an employer under section 434—

the Authority may serve a notice in writing on the person requiring the person to pay to the Authority an amount, not exceeding the amount of contribution paid by the Authority under the Wrongs Act 1958 or a corresponding provision of an Act of the Commonwealth or another State or a Territory, specified in the notice.

    (4)     The Authority may, by instrument in writing, waive all or part of the liability of an employer under subsection (1) or (3) to reimburse or pay to the Authority an amount, if the Authority is satisfied that—

        (a)     the amount is beyond the capacity of the employer to pay; or

        (b)     the employer could not reasonably have been expected to regard himself or herself as an employer at the relevant time; or

        (c)     the employer, not being a corporation, is an insolvent under administration and the liability under this section is not provable in the insolvency; or

        (d)     the employer, being a corporation, is an externally-administered body corporate under the Corporations Act and the liability under this section is not provable in the administration; or

        (e)     the employer, being a corporation, has ceased to exist; or

        (f)     it would not be commercially feasible for the Authority to attempt to recover the amount.

    (5)     In this section, "compensation "includes damages.