85Payments out of Fund where employer uninsured 166

85 Payments out of Fund where employer uninsured 166 Part V—Provisions relating to the Accident Compensation Fund and the Insurers Guarantee and Compensation Supplement Fund 170 Division 1—Transitional and general provisions 170 91 Definition 170 92 Insurers Guarantee and Compensation Supplementation Fund to be transferred to Accident Compensation Fund 170 93 Payments into the Fund 171 94 Recovery of moneys 172 95 Refund of overpayments 172 96 Obligations under this Part 172 98 Payments out of Fund 173 98A Additional amounts paid under section 2A 175 98B Recompense from the Fund for additional amounts paid under section 2A 175 99 Advances from Public Account 176 100 Transitional 176 100B Auditor's certificate 178 100C Inspection of insurer's records 179 Division 2—Payments from Fund 179 101 Claims etc. to which Part applies 179 102 Failure to provide indemnity 180 103 Notice of claims etc. 180 103A Winding up of insurer 180 103B Notices and advertisement of winding up 181 104 Contract of indemnity 181 Part VI—Provisions relating to the Accident Compensation Fund and the Workers Supplementation Fund 182 105 Definitions 182 106 Contributions 182 107 Payment of contributions 185 108 Recovery of moneys 185 109 Overpayments 185 110 Workers Supplementation Fund to be transferred to Accident Compensation Fund 186 111 Payments into the Fund 187 111A Obligations under this Part 187 112 Payments out of the Fund 188 112A Additional amounts paid under section 2G 188 112B Recompense from the Fund for additional amounts paid under section 2G 188 113 Provisions in respect of moneys previously advanced from the Insurers Guarantee and Compensation Supplementation Fund 189 114 Transitional 189 116 Auditor's certificate 191 117 Inspection of insurer's records 192 Schedules 193 First Schedule 193 Second Schedule 194 Third Schedule—List of diseases proclaimed 195 Endnotes 198 1 General information 198 2 Table of Amendments 200 3 Explanatory details 208 **Version No.** **161** **Workers Compensation Act 1958** **No. 6419 of 1958** Version incorporating amendments as at An Act to consolidate the Law relating to Compensation to Workers for Injuries arising out of or in the Course of their Employment. **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):** Nos 5601 s. 1, 5676 s. 4(2)(a). 1 Short title and commencement (1) This Act may be cited as the **Workers Compensation Act 1958** and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. S. 1(2) amended by Nos 8084 s. 4(2)(a), 8727 s. 3(1), 8733 s. 24(2), 9297 ss 10(2), 11(m), 9613 s. 3(a), 9683 s. 2(a)–(c), repealed by No. 10191 s. 270(1). S. 1A inserted by No. 10191 s. 257, substituted by No. 83/1987 s. 109(1). 1A Application of Act (1) Despite anything to the contrary in this Act— (a) this Act applies to and in relation to an injury to a worker— (i) before the appointed day arising out of or in the course of employment before the appointed day; or (ii) after the appointed day arising out of or in the course of employment solely before the appointed day; and (b) this Act does not apply to or in relation to an injury to a worker on or after the appointed day arising out of or in the course of employment on or after the appointed day. (2) Nothing in this section prevents a worker from being entitled to compensation under this Act in respect of a disease due to the nature of any employment in which the worker was employed before the appointed day if the worker was not employed in employment of that nature on or after the appointed day. S. 1A(3) amended by No. 67/2013 s. 648(1). (3) This Act shall be read together with the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013**. S. 1AA inserted by No. 37/1992 s. 7. 1AA Compensation for death of worker (1) Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the **Accident Compensation Act 1985**. (2) If a claim for compensation in respect of the death of a worker is made under the **Accident Compensation Act 1985**, a claim must not be made under this Act by any dependant of the worker unless the claim made under the **Accident Compensation Act 1985** is withdrawn or is rejected. (3) Subsection (1) does not affect the application of the principle referred to in section 129B(6)(a) of the **Accident Compensation Act 1985**. (4) This section applies in relation to deaths occurring on or after the appointed day but nothing in this section affects any payment of compensation made before the day on which section 7 of the **Accident Compensation (Further Amendment) Act 1992** comes into operation. S. 1B inserted by No. 10191 s. 257.