Victorian Numbered Acts Victorian Numbered Acts(1) If a self-insurer becomes an eligible subsidiary ( the eligible subsidiary ) of another self-insurer ( the self-insurer ), the self-insurer must, within 28 days—
(a) notify the Authority in writing of the acquisition of the eligible subsidiary; and
(b) include in the notification whether or not the self-insurer elects to assume the liability for, and the responsibility for the management of, the tail claims of the eligible subsidiary.
(2) If the self-insurer makes an election under subsection (1)(b), the self-insurer must, on or before the transfer date, give the Authority a guarantee in accordance with section 399 in respect of the tail claims of the eligible subsidiary.
(3) If the self-insurer gives the guarantee in accordance with subsection (2), the self-insurer assumes the liability for, and the responsibility for, management of the tail claims of the eligible subsidiary on the transfer date.
(4) If the self-insurer does not make an election under subsection (1)(b), the Authority assumes the liability for, and the responsibility for the management of, the tail claims of the eligible subsidiary in accordance with section 403.
(5) In this section—
"tail claim", in relation to a self-insurer (the first mentioned self-insurer ) that becomes an eligible subsidiary of another self-insurer, means a claim, whenever made—
(a) in respect of an injury or death—
(i) incurred or suffered by a worker employed by the first mentioned self-insurer before it became an eligible subsidiary of the other self-insurer; or
(ii) if the other self-insurer makes an election to assume the liability for, and the responsibility for the management of, the tail claims of the first mentioned self-insurer, incurred or suffered by a worker employed by the first mentioned self-insurer before the transfer date or the date on which the first mentioned self-insurer ceases to be a self-insurer, whichever first occurs; or
(iii) if subparagraph (ii) does not apply, incurred or suffered by a worker employed by the first mentioned self-insurer before the Authority assumes the liability for, and the responsibility for the management of, the tail claims of the first mentioned self-insurer in accordance with section 403; or
(iv) incurred
or suffered by a worker, being a claim the liability for, and responsibility
for the management of, was assumed by the first mentioned self-insurer before
it became an eligible subsidiary of the other self-insurer, whether by
agreement (including an agreement entered into with the Authority before 1
July 2014) or under section 395, 396, 397 or this section or section 150 or
150A of the Accident Compensation Act 1985 ; and
s. 398
(b) that entitles the worker, the dependants of the worker and members of the worker's family to—
(i) compensation or other payments under this Act (other than section 576 or 578) or the Accident Compensation Act 1985 (other than section 242AB or 242AD); or
(ii) 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 of this Act or section 134AB or 135C of the Accident Compensation Act 1985 ;
"transfer date" means the date agreed by the Authority and the self-insurer as the date on which the liability for, and the responsibility for management of the tail claims of the eligible subsidiary are to be assumed by the self-insurer.