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Division Div 9C - Accident Compensation Act 1985 - Subsequent actions by workers with silica-related conditions 393 | Zoe
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Accident Compensation Act 1985
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Explain section Division 9C—Subsequent actions by workers with silica-related conditions 393
135BC Definitions 393
135BD Initial and subsequent award of damages for serious silica-related conditions 393
135BE Only one subsequent award of damages permitted 394
135BF Regard must be had to initial award of damages 394
135BG Regard must be had to legal costs incurred in initial action 394
135BH Total award of damages not to exceed relevant statutory maximum 395
Division 10—Other actions and rights 395
135C Damages under Part III of Wrongs Act 1958 395
136 Authority or employer not liable for certain costs and expenses 397
137 Liability of the Transport Accident Commission 398
137A Settlement between Transport Accident Commission and the Authority 402
138 Indemnity by third party 403
138A Substantive law 406
138B Compensation for pain and suffering 407
Part VIII—General 411
252H Supreme Court—limitation of jurisdiction 429
252I Supreme Court—limitation of jurisdiction 429
252P Supreme Court—limitation of jurisdiction 431
Part IX—Savings and transitional provisions—Amending Acts 433
Division 1—Accident Compensation (Miscellaneous Amendment) Act 1997 433
254 Definition of amending Act 433
255 Section 91 (Assessment of impairment) 433
Division 2—Accident Compensation (Common Law and Benefits) Act 2000 434
256 Definition of amending Act 434
257 Section 5A (Pre-injury average weekly earnings) 434
Division 3—Accident Compensation and Transport Accident Acts (Amendment) Act 2003 435
258 Definitions 435
259 Section 5(1) (Definition of injury ) 435
260 Section 5(1) (Definition of medical service ) 435
261 Section 5A (Pre-injury average weekly earnings) 435
262 Section 82 (Entitlement to compensation) 435
263 Section 86 (Compensation for disease due to employment) 436
264 Section 91 (Assessment of impairment) 436
265 Section 98C (Compensation for non-economic loss) 437
266 Section 99 (Compensation for medical and like services) 437
267 Part IV (Payment of Compensation) 437
Division 4—Accident Compensation Legislation (Amendment) Act 2004 438
270 Sections 5(1), 88, 89, 91 and 98C—(claims for compensation for further loss of hearing) 438
Previous section Div 9B Actions by workers with asbestos‑related conditions 391
Next section Div 1 General
272 Section 92A (Revised compensation for death of worker) 439
273 Section 93C (Grandfather provision) 440
274 Section 93CB (After the first entitlement period and until the expiry of the second entitlement period) 440
275 Section 93E (Injury after retirement) 440
276 Section 99—occupational rehabilitation services 440
279 Section 104B (Claims for compensation under section 98C) 441
280 Section 119IA (Circumstances in which offer may be withdrawn or settlement avoided) 441
281 Section 134AB (Actions for damages) 441
282 Section 135A (Actions for damages) 442
283 Section 135BA (Actions by terminally ill workers) 443
Division 5—Accident Compensation (Amendment) Act 2005 443
284 Sections 89, 91 and 98C—(claims for compensation for further loss of hearing) 443
285 Sections 111, 114 and 114B 444
Division 6—Treasury Legislation (Repeal) Act 2005 444
286 Saving of rights under Miners' Phthisis (Treasury Allowances) Act 1938 444
Division 7—Accident Compensation and Other Legislation (Amendment) Act 2006 444
289 Sections 43, 50, 93C, 93CB and 93E 445
292 Sections 93B, 93CB and 93CD 447
295 Sections 114 and 114B 448
Division 8—Transport Accident and Accident Compensation Acts Amendment Act 2007 448
297 Section 99(1)(aa) 449
Division 9—State Taxation and Accident Compensation Acts Amendment Act 2007 449
Division 10—Compensation and Superannuation Legislation Amendment Act 2008 450
299 Section 138 (Indemnity by third party) 450
Division 11—Asbestos Diseases Compensation Act 2008 450
Division 12—Accident Compensation Amendment Act 2010 451
317 Sections 96 and 96A 454
325 Section 134AB (Actions for damages) 456
326 Section 134ABAA (Determination of serious injury application following death of worker) 456
327 Section 135A (Actions for damages) 456
328 Section 135BBA (Actions by terminally ill workers continued after death of worker) 456
329 Section 92 (Compensation for death of a worker) 457
330 Section 92A (Revised compensation for death of worker) 457
331 Section 92AA (Re-imbursement of expenses incurred by non‑dependant family members of a deceased worker) 458
332 Section 92B (Weekly pension for dependants of worker who dies) 459
333 Section 92D (Provisional payment) 459
347 Sections 5(9A) and (10) and 5C to 5E (Remuneration) 459
348 Section 138 (Indemnity by third party) 459
349 Section 138 (Indemnity by third party) 459
352 Retrospective operation of certain instruments of delegation 460
352A Retrospective operation of certain instruments of delegation 461
Division 13—Transport Accident and Accident Compensation Legislation Amendment Act 2010 462
366 Sections 5A to 5AE, 5B and Schedule 1A 463
367 Part I, Division 3 and sections 6 to 12, 14 and 15 463
368 Section 82D (Road traffic offences) 463
368A Section 91(3AAA) 464
369 Section 91E (Benefits—definitions) 464
370 Section 92A (Death of a worker) 464
371 Section 93CE (Superannuation contributions) 464
372 Section 98C (Non-economic loss) 464
373 Section 98E (Total loss) 465
374 Part IV, Division 2B (Compensation for medical and like services) 465
375 Sections 117C to 117G 465
378 Section 134AB (Actions for damages) 466
389 Guidelines under section 14AA 467
Division 14—Justice Legislation Amendment (Miscellaneous) Act 2012 467
390 Effect of repeal of section 134AE 467
Division 15—Workplace Injury Rehabilitation and Compensation Act 2013 468
391 Workplace Injury Rehabilitation and Compensation Act 2013 468
Division 16—WorkSafe Legislation Amendment Act 2017 468
392 Amendment of section 99 (Liability of Authority and self-insurer) 468
393 Savings provision—seafarers' claims 469
Division 17—Treasury and Finance Legislation Amendment Act 2018 469
394 Treasury and Finance Legislation Amendment Act 2018 469
Division 18—Workplace Safety Legislation and Other Matters Amendment Act 2022 470
Division 19—Workplace Injury Rehabilitation and Compensation Amendment Act 2025 470
396 Definition of amending Act 470
397 Sections 93C, 93CD and 97 470
398 Sections 98C and 100C 471
Schedule 1A—Pre-injury average weekly earnings 475
Schedule 1—Table to be used to determine settlement amounts under sections 115B and 117B 481
Schedule 2—Modification to degrees of impairment for the purposes of section 98C 482
Schedule 3A—Compensation for maims 484
Schedule 3B—No Disadvantage—Compensation Table 489
1 General information 494
2 Table of Amendments 496
3 Explanatory details 516
Accident Compensation Act 1985
Version incorporating amendments as at
An Act to establish the Accident Compensation Commission, to constitute an Accident Compensation Tribunal, to establish the Victorian Accident Rehabilitation Council, to provide for the payment of compensation, to impose a levy in respect of accident compensation, to provide for the assessment and collection of the levy, to amend the Workers Compensation Act 1958 , the Pay-roll Tax Act 1971 , the Motor Accidents Act 1973 , the Motor Car Act 1958 and certain other Acts and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Pt 1 Div. 1 (Heading) inserted by No. 80/2010 s. 15.