38Compensation in relation to accidents arising in the course of employment

38 Compensation in relation to accidents arising in the course of employment S. 38(1) amended by No. 50/1994 s. 106(a)(b) (i)(c). (1) If, under the **Accident Compensation Act 1985**, the Victorian WorkCover Authority, an authorised insurer or self-insurer pays compensation to a person in respect of an injury or death— (a) resulting from a transport accident; and S. 38(1)(b) amended by No. 50/1994 s. 106(b)(ii). (b) deemed to have arisen out of or in the course of any employment by reason of section 83(2) (except section 83(2)(a)) of the **Accident Compensation Act 1985** as in force before 1 December 1992— the Transport Accident Commission, on application by the Victorian WorkCover Authority, authorised insurer or self-insurer, must reimburse the Authority, authorised insurer or self-insurer for the amount of compensation paid in respect of the person by the Authority, authorised insurer or self-insurer. S. 38(1A) inserted by No. 83/1987 s. 108(1), amended by No. 50/1994 s. 106(a). (1A) If the Commission is appointed as a delegate of the Victorian WorkCover Authority, the Commission is liable to pay compensation under and in accordance with the **Accident Compensation Act 1985** in respect of an injury or death— (a) resulting from a transport accident; and S. 38(1A)(b) amended by No. 50/1994 s. 106(d). (b) deemed to have arisen out of or in the course of any employment by reason of section 83(2) (except section 83(2)(a)(i)) of that Act as in force before 1 December 1992. S. 38(2) amended by No. 83/1987 s. 108(2). (2) Except as provided in subsections (1) or (1A), the Commission is not liable to pay compensation in respect of a person who is injured or dies as a result of a transport accident to a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under the **Accident Compensation Act 1985**. (a) a person makes a claim for compensation under the **Accident Compensation Act 1985** in relation to a transport accident; and (b) an order is made under section 109(8) of that Act that weekly payments not commence— the Transport Accident Commission may pay compensation in accordance with this Act in relation to that person. S. 38(4) amended by No. 50/1994 s. 106(a). (4) If the Transport Accident Commission pays compensation to a person under subsection (3) and a recommendation or determination is later made that the Victorian WorkCover Authority or a self-insurer is liable to pay compensation to that person, the Victorian WorkCover Authority or self-insurer must, on application by the Transport Accident Commission, reimburse that Commission for the amount of compensation paid by it to that person. (5) Subsection (4) does not apply if the liability to pay compensation arises in the circumstances referred to in subsection (1)(a) and (b). S. 38(6) inserted by No. 67/1992 s. 67(1). (6) This section does not apply in respect of an injury or death that arises or is deemed to have arisen on or after the commencement of section 67 of the **Accident Compensation (WorkCover) Act 1992**. S. 38AA inserted by No. 50/1994 s. 107. 38AA Settlement between Commission and Victorian WorkCover Authority (1) The Commission and the Victorian WorkCover Authority may undertake the settlement of any claim that the Victorian WorkCover Authority may make, or may become entitled to make, against the Commission under section 38(1). (2) In determining whether to undertake a settlement, the Commission and the Victorian WorkCover Authority may determine the value of any claim or potential claim in any manner they think fit. S. 38A (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 32(8)). S. 38A inserted by No. 67/1992 s. 67(2), amended by No. 67/2013 s. 649(Sch. 9 item 32(9)). 38A Commission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013 The Commission is not liable to pay compensation in respect of a person who, on or after the commencement of section 67 of the **Accident Compensation (WorkCover) Act 1992**, is injured or dies as a result of a transport accident to a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**. S. 39 amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.4–29.9), 32/1988 s. 9(1)(a)(b)(2) (a)(i)(ii), 84/1994 s. 29, 34/1998 s. 7, 73/1998 s. 11, substituted by No. 84/2000 s. 12.