1AApplication of Act 2

1A Application of Act 2 1AA Compensation for death of worker 2 1B Construction of references 3 2 Repeals and savings 3 2A Transitional—1975 amendments—compensation 5 2B Transitional—1975 amendments—insurance 7 2C Transitional—1975 amendments—recompense etc. 8 2D Transitional—1979 amendments—compensation 11 2E Transitional—1979 amendments—insurance 13 2F Transitional—1979 amendments—recompense to employer 14 2G Transitional—1979 amendments—recompense to insurer 15 2H Transitional—1979 amendments—payments into the Fund 16 2J Transitional—1979 amendments—determinations by the County Court 17 2K Transitional—1975 and 1979 amendments—operation of section 72(1)(a) 19 2L Transitional—definitions 19 3 Definitions 20 3A Secretaries of co-operative societies 38 4 Workers employed by the Crown etc. 39 Part I—Employers' liability 42 Division 1—Liability to pay compensation 42 5 Employers' liability 42 5A Nominal defendant 42 5AA Payments by employer not admission of liability 44 6 Injury due to serious and wilful misconduct 44 7 Victorian workers injured outside Victoria 45 7A Public servants injured outside Victoria 45 7B Entitlement to compensation under the law of another State etc. 46 8 Injury in course of employment 50 Division 2—Compensation generally and for specified injuries 55 9 Compensation for death and incapacity for work 55 10 Worker ceasing to reside in Australia 90 11 Compensation for specified injuries 91 Division 3—Compensation for industrial diseases 95 12 Disease due to employment 95 12A Certificate by a registered medical practitioner 96 13 False representation 97 14 From which employer compensation recoverable 97 15 Notice of death or disablement 98 16 Nominal defendant 98 17 Production of section 12 certificate 100 18 Calculation of compensation 100 19 References to medical referee 100 19A Reference under section 19 101 19B Procedure relating to references under section 19 102 20 Date of disablement 103 21 Proclamation of diseases 104 22 Proclaimed diseases deemed to be due to employment 104 23 Regulations 105 25 Saving as to personal injury 105 Division 3A—Industrial deafness 106 25A Definitions 106 25B Industrial deafness due to employment 106 25C Compensation payable only under Divisions 3A and 4 106 25D From which employer compensation recoverable 107 25E Nominal defendant 108 25F Deafness deemed to have occurred at a constant rate 110 25G Compensation in accordance with sections 9 and 11 111 25GA Transitional—presumption under previous section 25G(2) 111 25H Prior injury 112 25I Finality of awards 113 25J Extinguishment of rights 113 Division 4—Compensation for medical and like services 114 26 Liability for medical etc. services and burial etc. costs 114 Division 5—Medical examinations of workers 120 27 Medical examinations 120 Division 6—Payment of compensation under awards, &c. 123 28 Purported payments; awards by consent 123 29 Payment by instalments; interim awards 124 30 Compensation inalienable 125 31 Penalties not affected 126 31A Transitional provision 126 Division 7—Payments under schemes under the 1928 Act 127 32 Payments in case of death 127 Division 8—Administration by the State Trust Corporation of Victoria 128 34 Certain payments to be administered by the State Trust Corporation of Victoria 128 35 Powers of the State Trust Corporation of Victoria in relation to administration 129 36 Power of the State Trust Corporation of Victoria to make determinations 130 37 Transitional provisions in respect of payments into the custody of the Board 132 Part II—Proceedings under the Act 134 Division 1—Notice of injuries and claims 134 41 Time for taking proceedings 134 42 Notice may be written or oral 136 43 Service 136 44 Notice of claims 137 45 Defects in notices; injury book 137 46 Enforcement of awards 139 Part III—Miscellaneous 142 Division 1—Seamen 142 59 Injuries to seamen employed on Victorian ships 142 Division 2—Contractors and sub-contractors 144 60 Sub-contracting 144 Division 3—Insolvency of employer 146 61 Insolvency of employer 146 Division 4—Action brought independently of this Act 148 62 Remitting of cases etc. 148 63 Application of section 62 149 63A Acceptance of compensation under this Act 151 63B Where judgment unsatisfied 151 64 Where judgment satisfied 152 65 Reduction of judgment by compensation 152 66 Where judgment against third party 153 67 Indemnity by third party 155 68 Payment into court 155 69 Settlement by third party 156 70 Reduction of compensation by damages under Wrongs Act 1958 156 Division 6—Liability of insurer 158 71A Liability of insurer 158 Division 7—Insurance policies and transitional provisions 159 72A Extension of policies 159 72B Termination of policies 160 72C Proof of identity 160 Division 8—Regulations 160 73 Regulations 160 Division 9—Returns showing compensation paid 162 74 Returns 162 Division 10—Offences 163 75 Malingering 163 76 Prosecutions 164 77 General penalty 164 Part IVA—Certain payments out of the Fund 166