Breadcrumb

Accident Compensation Act 1985 (No. 10191 of 1985).

Country(ies)

Australia

Territorial subdivision(s)

Victoria

Subjects (Classification)

Occupational safety and health; Employment accident and occupational disease benefit

Adopted on (Date of text)

1985-07-30

Scope of text

State or Province

Type of legislation (Type of text)

Law, Act

Abstract/Citation

The Act establishes a general scheme covering industrial accidents compensation in the state of Victoria. It applies to all branches of economic activity, including administration. For the purposes of the Act, occupational diseases are dealt with the same way as industrial accidents. Compensation is provided to the worker in the event of partial or total incapacity, and to his dependants in the event of his death. The basic compensation for total incapacity is equivalent to 80 per cent of the worker's pre-injury average weekly earnings. However, it must be above the minimum, and below the maximum amounts prescribed. Hospitalisation and medical treatment costs are also reimbursed. These provisions apply to all workers engaged within the state by a resident employer, even if their place of work is outside the territory of Victoria. An Accident Compensation Commission is to be set up to ensure that compensation is paid. The Commission will be responsible for administrating a fund fed by the contributions made by the employers in the form of levies based on the wages and remuneration paid to the workers. The rate of the levy may vary between 0.57 to 3.80 per cent of their annual remuneration, depending on the industry; and bonuses may be granted, and penalties imposed, on the basis of the past record of accidents. On prescribed conditions, certain enterprises may be granted the status of self-insurers and thereby be exempt from payment of the compulsory levy. The Act also provides for the establishment of an Accident Compensation Tribunal with exclusive jurisdiction over disputes arising in connection with its application and the application of the Workers Compensation Act 1958. The President and Deputy President must be judges of the Country Court, and the other members of the Tribunal are to be appointed, in equal numbers, from persons nominated by the main employers' and workers' associations. Prior to the institution of legal proceedings, the parties must submit to a conciliation procedure; the decisions of the Tribunal are subject to appeal before the Supreme Court for reasons of law. The Act contains 276 articles and 2 schedules. It amends the Workers Compensation Act 1958 on many points, and contains a number of substantive amendments to the Pay-roll Tax Act 1971, the Administrative Appeals Tribunal Act 1984, and the Motor Accidents Act 1973. In addition, it contains partial amendments to 19 other statutes.