Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), this section applies if—
(a) an employer ceases to be a self-insurer; or
(b) in the case of an employer that elected to retain liability under section 151(1) of the Accident Compensation Act 1985 as in force before 15 August 2007, the Authority, by notice published in the Government Gazette, has declared that the employer has ceased to be liable for the tail claims of the employer.
(2) This section does not apply if the employer ceases to be a self-insurer because it becomes an eligible subsidiary of another self-insurer that, under section 396 or 398, has assumed the liability for, and responsibility for management of, the tail claims of the employer.
(3) Unless otherwise allowed by the Authority, on and from the exit date—
(a) the Authority assumes the liability for, and the responsibility for management of, the tail claims of the employer; and
(b) a person who, but for this section, would have been required by this Act to lodge a claim for compensation with the employer as a self-insurer, may lodge the claim with the Authority; and
(c) this Act and the Accident Compensation Act 1985 apply to the Authority as if it were a self-insurer and, in relation to any proceedings to which the employer was a party as a self-insurer immediately before the Authority assumed the liability of the employer, as if the Authority were that party.
(4) Unless otherwise allowed by the Authority, the employer must give to the Authority all claims and other relevant documents relating to the tail claims that are in the possession of the employer no later than 28 days after the exit date.
Penalty: 500 penalty units.
(5) In this section—
"exit date" means—
(a) the date on which the employer ceases to be a self-insurer; or
(b) in the case of an employer referred to in subsection (1)(b), the date on which the notice is published in the Government Gazette.
S. 403(5) def. of tail claim amended by No. 44/2014 ss 16, 24(20).
"tail claim", of an employer that ceases to be a self‑insurer, means—
(a) a claim, regardless of when made, in respect of an injury or death—
(i) incurred or suffered by a worker employed by the employer or an eligible subsidiary of the employer while the employer was a self‑insurer; and
(ii) which entitles that worker, the dependants of that worker or members of that worker's family to compensation or any other payments under this Act (other than section 576 or 578) or the Accident Compensation Act 1985 or damages at common law as permitted by and in accordance with Division 2 of Part 7 (other than sections 348 to 356 inclusive) or section 366 or section 134AB or 135C of the Accident Compensation Act 1985 ; or
(b) a claim for which the employer assumed liability under section 395(2), 396(3), 397(3) or 398(3) of this Act or section 150(3) or 150A(5) of the Accident Compensation Act 1985 ; or
(c) a claim for which the employer assumed liability by agreement with the Authority.