Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 9
Sch. 9
CONSEQUENTIAL AMENDMENTS
1 Asbestos Diseases Compensation Act 2008
(1) In the note to section 4, in paragraph (b), after "31 August 1985" insert "but before 1 July 2014".
(2) In the note to section 4, after paragraph (b) insert —
"(ba) the Workplace Injury Rehabilitation and Compensation Act 2013 applies, if the injury arises out of, or in the course of, or was due to the nature of the injured person's employment on or after 1 July 2014;".
2 Children, Youth and Families Act 2005
(1) In section 389(7)—
(a) in paragraph (a), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in paragraph (b), after " Act 1985 " (where twice occurring) insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 407(3), after " Act 1985 " (wherever occurring) insert "and the Workplace Injury Rehabilitation and Compensation Act 2013 ".
In section 3, for paragraph (u) of the definition of "substantive document", substitute —
"(u) an application under section 299 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;".
4
Conservation, Forests and Lands Act 1987
Sch. 9
(1) In section 56(1), for the definition of Commission substitute —
""Authority"" means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013 ;".
(2) In section 56(1)—
(a) in the definition of spouse for "married;" substitute "married.";
(b) omit the definition of Tribunal .
(3) In section 58(2), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires".
(4) Insert the following heading to section 59 —" Jurisdiction of County Court ".
(5) In section 59—
(a) for "the Tribunal" substitute "the County Court";
(b) for ", and that Act applies" substitute "or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires, and those Acts apply".
(6) Insert the following heading to section 60—" Authority to represent the Crown ".
(7) In section 60—
(a) for "Commission" substitute "Authority";
(b) for "rules made by the Tribunal" substitute "rules made by the County Court";
(c) after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires,".
(8) Insert the following heading to
section 61—" Authority entitled to costs and expenses ".
Sch. 9
(9) In section 61—
(a) for "Commission" (where 4 times occurring) substitute "Authority";
(b) for "Tribunal" (where 3 times occurring) substitute "County Court";
(c) for "Accident Compensation Fund" substitute "WorkCover Authority Fund".
(10) In section 62, for "Tribunal" substitute "County Court".
5 Constitution Act 1975
(1) In section 81G(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 82(7)(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 83A(4)(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(1) In section 104ZO, for "established under the Accident Compensation Act 1985 " substitute "within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 104ZR(1) and (2), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires,".
(3) In section 104ZR(3)(a), for "
Accident Compensation Act 1985 " substitute "
Workplace Injury Rehabilitation and Compensation Act 2013 ".
Sch. 9
(4) In section 104ZT, for "and that Act applies" substitute "or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires, and those Acts apply".
(5) In section 104ZU, after " Accident Compensation Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 104ZW, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
7 Country Fire Authority Act 1958
(1) In section 63(3), after " Act 1985 " insert "but before 1 July 2014".
(2) After section 63(3) insert —
"(3A) The persons to whom or for whose benefit compensation is payable are, in respect of personal injury suffered on or after 1 July 2014, those persons to whom or for whose benefit compensation would be payable under the Workplace Injury Rehabilitation and Compensation Act 2013 if the casual fire-fighter or volunteer auxiliary worker were a worker within the meaning of that Act and the personal injury were caused in the employment of the casual fire-fighter or volunteer auxiliary worker by accident arising out of or in the course of the employment.".
(3) In section 63(6), after "and 98)" insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 (other than sections 50, 51, 59, 61 or 62)".
(4) In section 63(7) and (8), after " Act 1985 "
insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
Sch. 9
(1) In section 10(7)(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 12G(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 17AA(4)(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
In section 9, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
10 Criminal Procedure Act 2009
In item 35 of Schedule 3, for " section 252 of the Accident Compensation Act 1985 " substitute " section 608 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(1) In section 3(1), in the definition of "Authority", for "established under the Accident Compensation Act 1985 " substitute "within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 11(3), for "(appointed under section 22 of the Accident Compensation Act 1985 )" substitute "appointed under section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 50A(b), for "(appointed under section 22 of the Accident Compensation Act 1985 )" substitute "appointed under section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In the note to section 60C(3), for " section 22(5) of the Accident Compensation Act 1985 ," substitute " section 499(3) of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
12 Duties Act 2000
Sch. 9
In section 196(b)—
(a) subparagraph (i) is repealed ;
(b) in subparagraph (ii), for "section 20A of the Accident Compensation Act 1985 " substitute " section 494 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in subparagraph (iv), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(d) in subparagraph (v), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
13 Education and Training Reform Act 2006
(1) In section 5.4.9(6), after " Act 1985 " insert "and the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 5.4.16(5), after " Act 1985 " insert "and the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 5.6.1(1), in the definition of "Authority", for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In section 5.6.2(4), after "31 August 1985" insert "but before 1 July 2014".
(5) After section 5.6.2(4) insert —
"(5) The compensation shall, in respect of personal injury suffered on or after 1 July 2014, be paid in accordance with and subject to the Workplace Injury Rehabilitation and Compensation Act 2013 as if, within the meaning of that Act at the time the person suffered the personal injury—
(a) the person was a worker employed by the Crown; and
(b) the person suffered a personal
injury arising out of or in the course of employment with the Crown.".
Sch. 9
(6) After section 5.6.2A(1) insert —
"(1A) If judgment is obtained, or a compromise or settlement is made, in respect of proceedings referred to in section 326 of the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of an injury, the Authority or the Crown as the employer is not liable—
(a) where pecuniary loss damages (within the meaning of section 325 of the Workplace Injury Rehabilitation and Compensation Act 2013 ) are awarded, to make payments under section 164, 169 or 170 of that Act in respect of the injury; or
(b) where damages for pain and
suffering (within the meaning of section 325 of the
Workplace Injury Rehabilitation and Compensation Act 2013 ) are awarded, to
make payments under Division 5 of Part 5 of that Act in respect of the
injury.".
Sch. 9
(7) In section 5.6.4(a), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(8) In section 5.6.5(b), for "or as an authorised insurer has under the Accident Compensation Act 1985 " substitute ", the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(9) In section 5.6.6(2), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
14 Emergency Management Act 1986
(1) In section 25, in the definition of "Authority", for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 25A, after " Act 1985 " insert ", the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 28—
(a) in subsection (1), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires";
(b) in subsection (2), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in subsection (3)(a), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In section 30, after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(5) In section 31, for "or as an authorised insurer has under the Accident Compensation Act 1985 " substitute ", the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 32(2), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
15
Emergency Services Superannuation Act 1986
Sch. 9
(1) In section 20A(1), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 20B(3)(a), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 20F(7), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
16 Equipment (Public Safety) Act 1994
(1) In section 3(1), in the definition of "Authority", for "established under section 18 of the Accident Compensation Act 1985 " substitute "under the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 12(2), for "(appointed under section 22 of the Accident Compensation Act 1985 )" substitute "appointed under section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 29(b), for "(appointed under section 22 of the Accident Compensation Act 1985 )" substitute "appointed under section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In the Note to section 34C(3), for "(see section 22(5) of the Accident Compensation Act 1985 )" substitute "(see section 499(3) of the Workplace Injury Rehabilitation and Compensation Act 2013 )".
17 Evidence Act 2008
Sch. 9
In the Notes to section 4 omit —
"• section 44 of the Accident Compensation Act 1985 ;".
18 Evidence (Miscellaneous Provisions) Act 1958
In section 28—
(a) in subsection (2), omit "or an investigation by a Complaints Investigator under the Accident Compensation Act 1985 ";
(b) in subsection (5)(b), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
19 Independent Broad-based Anti-corruption Commission Act 2011
(1) In section 3(1)—
(a) in paragraph (b) of the definition of law enforcement agency , for "established under section 18 of the Accident Compensation Act 1985 " substitute "within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in the definition of "notification to the IBAC", omit paragraph (c);
(c) in the definition of "notification to the IBAC", after paragraph (i) insert —
"(j) a notification under section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;";
(d) in paragraph (b) of the definition of prosecutorial body , for "established under section 18 of the Accident Compensation Act 1985 " substitute "within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 73(2)(e) for "established under section 18 of the Accident Compensation Act 1985 " substitute "within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 175(2)(a), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
20 Juries Act 2000
Sch. 9
(1) In section 54, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 55(4), (7), (8), (9) and (10) after " Accident Compensation Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 55(11)(a), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In section 57, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(5) In section 58, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 59(2), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
21 Limitation of Actions Act 1958
Sch. 9
In section 27B(2)(a), after " Act 1985 " insert "or Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
In section 94A(1)—
(a) in paragraph (e), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in the Note to paragraph (e), after " Act 1985 " insert "and clause 15 of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013 ".
23 Long Service Leave Act 1992
In section 64(7)(a), for " section 5 of the Accident Compensation Act 1985 " substitute " section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
24 Magistrates' Court Act 1989
Sch.
9
(1) In section 100(2A), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In Schedule 1—
(a) in item 10(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in item 12(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
25 Occupational Health and Safety Act 2004
(1) In section 5(1)—
(a) in the definition of Authority for "established by section 18 of the Accident Compensation Act 1985 " substitute "under the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in the definition of exit date for " section 164 of the Accident Compensation Act 1985 " substitute " section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in the definition of "non-WorkCover employer", for " section 164 of the Accident Compensation Act 1985 " substitute " section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(d) in the definition of "rateable remuneration", for " section 3(1) of the Accident Compensation (WorkCover Insurance) Act 1993 " substitute " section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(e) in the definition of
"self-insurer", for " section 5(1) of the Accident Compensation Act 1985
" substitute " section 3 of the Workplace Injury Rehabilitation and
Compensation Act 2013 ".
Sch. 9
(2) In the Note to section 7(1), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In the Note to section 18(3), for " section 22(5) of the Accident Compensation Act 1985 " substitute " section 499(3) of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In section 78E(3)(b), for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(5) In section 95(3), for " section 22 of the Accident Compensation Act 1985 " substitute " section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 133(b), for " section 22 of the Accident Compensation Act 1985 " substitute " section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(7) In section 151A—
(a) in subsection (1), for "
section 32 of the Accident Compensation Act 1985 " substitute " section 513
of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
Sch. 9
(b) in subsection (2), in the definitions of " A " and " B ", for "the premium for a WorkCover insurance policy under the Accident Compensation (WorkCover Insurance) Act 1993 " (wherever occurring) substitute "a premium under the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in subsection (2), in subparagraph (i) of the definition of " C ", for "paragraphs (d), (e), (f), (fa) and (i) of section 32(4) of the Accident Compensation Act 1985 " substitute "paragraphs (b), (c), (e), (f) and (k) of section 513(5) of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(d) in subsection (2), in subparagraph (ii) of the definition of " C ", for "Division 2 of Part III of the Accident Compensation Act 1985 " substitute "Divisions 2 and 3 of Part 6 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(e) in subsection (2), in the definition of " D ", for subparagraphs (i) and (ii) substitute —
"(i) referred to in section 513(5)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 ; and
(ii) the costs incurred in the administration of Divisions 2 and 3 of Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;".
26 Ombudsman Act 1973
Sch. 9
In Schedule 1—
(a) in column 3 of item 16, for "Part II of the Accident Compensation Act 1985 " substitute "Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in column 1 of item 17, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) In column 3 of item 17, for "Part II of the Accident Compensation Act 1985 " substitute "Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(d) in column 1 of item 18, for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ";
(e) in column 3 of item 18, for "Part V of the Accident Compensation Act 1985 " substitute "Part 8 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
27 Owner Drivers and Forestry Contractors Act 2005
In section 14(3)(b), for " Accident Compensation (WorkCover Insurance) Act 1993 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
28
Police Assistance Compensation Act 1968
Sch. 9
(1) In section 2(2A), after " Act 1985 " insert "but before 1 July 2014".
(2) After section 2(2A) insert —
"(2AB) The compensation referred to in subsection (1), in respect of personal injury suffered on or after 1 July 2014 is to be paid in accordance with and subject to the Workplace Injury Rehabilitation and Compensation Act 2013 as if within the meaning of that Act at the time the person so suffered the personal injury—
(a) the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B); and
(b) the person suffered a personal injury out of or in the course of employment with the Crown.".
(3) In section 3, after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
29 Police Regulation Act 1958
(1) In section 85E(2)(a), after " Act 1985 "
insert
"or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 118L—
(a) in paragraph (a) of the definition of statutory scheme insurer for "established under the Accident Compensation Act 1985 " substitute "under the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in paragraph (a) of the definition of statutory insurance scheme law , after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
30 Radiation Act 2005
Sch. 9
In section 136(1)(e), for "established by section 18 of the Accident Compensation Act 1985 " substitute "under the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(1) In section 57(9A), after " Act 1985 " insert ", the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 92(3)(cc)—
(a) for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) for "239AAC" substitute "557".
32 Transport Accident Act 1986
(1) In section 3(1)—
(a) in the definition of employer superannuation contribution , for " section 5(1) of the Accident Compensation Act 1985 " substitute " section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in the definition of self-insurer for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in the definition of "worker",
for " Accident Compensation Act 1985 " substitute "
Workplace Injury Rehabilitation and Compensation Act 2013 ".
Sch. 9
(2) In section 3(2)(c), after " Act 1985 " insert ", the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 11(e), after " Accident Compensation Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(4) In section 12(1)—
(a) in paragraph (jb), for " section 23 of the Accident Compensation Act 1985 " substitute " section 501 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in paragraph (jc), for "section 143A of the Accident Compensation Act 1985 " substitute " section 392(2) of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(5) In section 13(5)—
(a) in paragraph (a). for " section 23 of the Accident Compensation Act 1985 " substitute " section 501 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in paragraph (b), for "section 143A of the Accident Compensation Act 1985 " substitute " section 392(2) of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 27(3)(hb), after " Act 1985 " insert ", section 368 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(7) In section 37(1)(g), after " Act 1985 " insert
", the Workplace Injury Rehabilitation and Compensation Act 2013
".
Sch. 9
(8) Insert the following heading to section 38A—
" Commission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013 ".
(9) In section 38A, after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(10) In section 86(2)(c), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(11) In section 94(1), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(12) In section 94A(1), after " Act 1985 " insert "or section 369 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(13) In section 131(2)(c), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
33 Victorian Civil and Administrative Tribunal Act 1998
After Part 23 of Schedule 1 insert —
(1) The Tribunal may request the Victorian WorkCover Authority to provide the Tribunal with any information held by the Authority that relates to an application made by an employer for a review of a reviewable decision or a determination made by the Authority.
(2) The Authority must comply with a request under
subclause (1).
Sch. 9
In a proceeding for review of a reviewable decision or a determination by the Victorian WorkCover Authority, the Tribunal or the principal registrar may require the parties to attend a compulsory conference only with the consent of the Authority.".
34 Victorian Managed Insurance Authority Act 1996
In section 24(2), in the definition of "Victorian WorkCover Authority", after " Act 1985 " insert ", the Workplace Injury Rehabilitation and Compensation Act 2013 ".
35 Victoria State Emergency Service Act 2005
(1) In section 3, for "established under the Accident Compensation Act 1985 " substitute "under the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 47—
(a) in subsection (3), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in subsection (6), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in subsection (7), after " Act
1985 " insert "or the
Workplace Injury Rehabilitation and Compensation Act 2013 ";
Sch. 9
(d) in subsection (8), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(e) in subsection (9), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(f) in subsection (12)—
(i) for "established under Division 1A of Part III of the Accident Compensation Act 1985 " substitute "under the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(ii) for " section 5(1) of the Accident Compensation Act 1985 " substitute " section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) In section 50, for "and that Act applies" substitute "or the Workplace Injury Rehabilitation and Compensation Act 2013 and those Acts apply".
(4) In section 51, after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(5) In section 52(2), for "the Accident Compensation Act 1985 " substitute "the Workplace Injury Rehabilitation and Compensation Act 2013 ".
36 Wrongs Act 1958
Sch. 9
(1) In section 24AAA, after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(2) In section 24AG(2)(b), after " Act 1985 " insert "or the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(3) For section 28C(2)(c) substitute —
"(c) an award to which Part IV of the Accident Compensation Act 1985 or Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies;".
(4) In section 28LB—
(a) in paragraph (a) of the definition of approved medical practitioner , after " Act 1985 " insert "or section 54(1)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(b) in the definition of "Convenor" , for " section 63 of the Accident Compensation Act 1985 " substitute " section 537 of the Workplace Injury Rehabilitation and Compensation Act 2013 ";
(c) in the definition of "Medical Panel", for " Accident Compensation Act 1985 " substitute " Workplace Injury Rehabilitation and Compensation Act 2013 ".
(5) In section 28LC(2)(c) after " Act 1985 " insert "or Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(6) In section 28LI, for subsection (4) substitute —
"(4) Unless subsection (5) applies, the guidelines
referred to in subsections (1), (2) and (3) are the guidelines referred to in
sections 64, 65 and 66 of the
Workplace Injury Rehabilitation and Compensation Act 2013 .".
Sch. 9
(7) In section 28LK(2)(a) for " section 91(4) of the Accident Compensation Act 1985 " substitute " section 63 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(8) In section 28LZ(3), for "Part III of the Accident Compensation Act 1985 " substitute "Part 12 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(9) For section 28LZL substitute —
(1) Except as provided in subsection (2), and subject to any inconsistency of context or subject-matter, Division 2 of Part 12 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies to a Medical Panel appointed for the purposes of this Part.
(2) Division 3 of Part 6 and section 270 and 540 of the Workplace Injury Rehabilitation and Compensation Act 2013 do not apply to or in relation to—
(a) the procedure of a Medical Panel under this Part; or
(b) a matter referred to a Medical Panel under this Part.".
(10) In section 28M, in the definition of "claim",
after " Act 1985 " insert "or the Workplace Injury Rehabilitation and
Compensation Act 2013 ".
Sch. 9
(11) In section 45(1)(b), after " Act 1985 " insert "or Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
(12) In section 69(1)(b), after " Act 1985 " insert "or Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 ".
═══════════════