Subdiv 5Resolution by agreement of parties to dispute 384

Subdivision 5—Resolution by agreement of parties to dispute 384 301ZC Certification of agreement for resolution of dispute 384 301ZD Costs 385 Division 3—Medical Panels 386 302 Function of Medical Panel 386 303 Procedures and powers 386 304 Reference of medical question 387 305 Convenor to convene Medical Panel 387 306 When opinion on medical question may not be given 388 307 What a Medical Panel may ask a worker to do 388 308 Examination by Medical Panel 388 309 If worker unreasonably refuses to comply with request under section 307 389 310 Attendance before Medical Panel to be in private 390 311 Medical Panel can ask provider of medical service to attend 391 312 Medical Panel may request further information 391 313 Opinions 392 Division 4—Determination by courts and recognition of determinations 393 314 Determination of State with which worker's employment is connected in proceedings under this Act 393 315 Determination of the State with which worker's employment is connected 393 316 Recognition of previous determinations 394 317 Determination may be made by consent 395 Part 7—Actions and proceedings for damages 396 Division 1—Choice of law 396 318 Claims to which this Division applies 396 319 The applicable substantive law for work injury damages claims 397 320 What constitutes injury and employment and who is employer 398 321 Claim in respect of death included 398 322 Meaning of *substantive law* 398 323 Availability of action in another State not relevant 400 Division 2—Actions for damages 401 Subdivision 1—Preliminary 401 324 Flow chart 8—common law process 401 325 Definitions 402 326 Actions for damages 407 327 Actions for damages—serious injury 408 Subdivision 2—Proceedings for damages 409 328 Proceedings under this Division 409 329 Medical examination 411 329A Calculation of period of time for certain matters 412 330 Authority or self-insurer to respond to application 412 331 Response by applicant 413 332 Certain material not admissible in proceedings 413 333 Conference before proceedings commence 414 334 Statutory offer and counter offer 415 335 Proceedings for damages for serious injury 415 336 Finding on an application does not give rise to issue estoppel 417 337 Authority may consent to bringing of proceedings 417 338 No further application allowed 418 339 Worker not entitled to recover damages for same injury despite review of degree of impairment 418 340 Proceedings—limitations on awards 419 341 Jury not to be informed of certain matters 420 342 Limitation on damages in respect of pecuniary loss 420 343 Judgments, order for damages, settlement or compromise to be reduced by certain amounts of compensation paid 421 344 Costs 421 345 Present value of future loss to be qualified 424 346 Limitation on award of interest on an amount of damages 425 347 When Authority, employer and self-insurer cease to be liable to pay weekly payments 425 348 Determination of serious injury application after death of worker 426 349 Calculation of limitation of actions period within which proceedings may be commenced 430 350 Division not to affect date of accrual of cause of action 431 352 Directions 431 353 Legal practitioner may recover costs 431 354 Legal costs order 432 355 Litigated claims legal costs order—workers 433 356 Litigated claims legal costs order—Authority and self‑insurers 435 Subdivision 3—Subsequent action for damages 436 356A Definitions 436 356B Initial and subsequent award of damages for serious silica-related conditions 437 356C Only one subsequent award of damages permitted 437 356D Regard must be had to initial award of damages 437 356E Regard must be had to legal costs incurred in initial action 438 356F Total award of damages not to exceed relevant statutory maximum 439 Division 3—Actions by terminally ill workers or workers with asbestos-related conditions 439 357 Actions by terminally ill workers or workers with asbestos-related conditions 439 358 Actions by terminally ill workers continued after death of worker 441 Division 4—Administration by a trustee 442 359 Certain funds to be administered by trustee 442 Division 5—Conduct of common law proceedings 442 360 Definitions 442 361 Application of Division 443 362 Apportionment of liability 443 363 Notice of proceedings 444 364 Conduct of defence 444 365 Order for apportionment of liability 446 Division 6—Other actions and rights 448 366 Damages under Part III of Wrongs Act 1958 448 367 Liability of Transport Accident Commission 449 368 Settlement between Transport Accident Commission and the Authority 451 369 Indemnity by third party 451 370 Substantive law 455 371 Compensation for pain and suffering 455 Part 8—Self-insurers 456 Division 1—General 456 372 Definitions 456 373 Student workers 458 374 Municipal Association of Victoria as self-insurer 458 Division 2—Application for approval as self‑insurer 458 375 Determination of eligibility to apply for approval as self‑insurer 458 376 Application for approval as self-insurer 460 377 Estimated relevant remuneration 461 378 Adjustment of application fee 462 Division 3—Approval as self-insurer 463 379 Approval as self-insurer 463 380 Terms and conditions of approval 465 381 Notice to be given to employer if application refused 466 382 Period that approval has effect 466 383 Approval of new holding company as self-insurer 467 384 Review of approval 468 385 Revocation of approval 470 386 Cost associated with revocation recoverable from employer 472 387 Non-WorkCover employer ceases to be a self‑insurer 473 Division 4—Contributions to WorkCover Authority Fund 473 388 Payment of contribution 473 389 Submission of return by self-insurer 474 Division 5—Review of contributions by self-insurers 474 390 Review of contributions 474 Division 6—Liability for claims for compensation 475 Subdivision 1—Liability of self-insurer 475 391 Self-insurer's liability to pay compensation 475 392 Claims management 475 393 Liabilities of self-insurer to be guaranteed 476 394 Payments by Authority 479 Subdivision 2—Election by self-insurer to assume liability for tail claims 480 395 Movement from scheme insurance to self-insurance 480 396 When a self-insurer becomes an eligible subsidiary of a holding company 483 397 When an employer that is a body corporate becomes an eligible subsidiary of a self-insurer 486 398 When a self-insurer becomes an eligible subsidiary of another self-insurer 487 399 Guarantee of liability for tail claims 490 400 Requirement for guarantee 491 401 Arrangements for payments in respect of liability for tail claims 492 402 Where an eligible subsidiary ceases to be an eligible subsidiary of a self-insurer 492 Subdivision 3—Employer that ceases to be self-insurer or otherwise to be liable for tail claims 493 403 Employer ceases to be self-insurer 493 404 General provisions applying to assessment by an actuary 495 405 Initial assessment of liability for tail claims 496 406 Annual assessment of tail claims liabilities and adjustment of payments 497 407 Provision of guarantees 498 408 Review of final revised assessment at the end of the liability period 502 409 Eligible subsidiary of self-insurer becomes a non-WorkCover employer 503 Division 7—Miscellaneous 504 410 Guidelines 504 411 Effect of guidelines 505 412 Secrecy provisions 505 Part 9—Non-WorkCover employers 509 413 Definitions 509 414 Authority retains or assumes liability for tail claims 511 415 Actuary to assess tail claims liabilities 511 416 Obligation of non-WorkCover employer 512 417 Annual assessment of tail claims liabilities 513 418 Adjustment of payments as at the end of the third year 514 419 Adjustment of payments as at the end of the sixth year 514 420 Payments of tail claims 515 421 Provision of guarantees 515 422 Provision of new guarantee 516 423 Recovery under guarantees 517 424 Review of final revised assessment at the end of the liability period 518 425 Liability of Authority under this Part 519 426 Legal proceedings excluded 519 427 Application of Part if non-WorkCover employer ceases to be a non-WorkCover employer 519 428 Failure to comply with a provision of this Part 520 Part 10—Premiums and registration of employers 521 Division 1—Preliminary 521 429 Application 521 430 Liability to pay premium 521 431 Groups 522 432 Joint and several liability of group members 528 Division 2—Registration 530 433 Flow chart 9—registration of employer 530 434 Registration of employers 531 435 Statutory contract of insurance 532 436 Registered employer to notify change of circumstances 533 437 Evidence that employer is registered under this Part 534 438 Books and accounts to be preserved 534 Division 3—Rateable remuneration 535 439 Employer to give estimate of rateable remuneration 535 440 Authority may estimate rateable remuneration of employer 535 441 Certified statement of rateable remuneration 535 442 Employer to give certified statement 536 443 Revised estimates of rateable remuneration 536 444 Where employer fails to provide accurate information about rateable remuneration 537 445 Worker employed under Transport Accident Commission program 538 446 Superannuation benefits and calculation of premiums 539 Division 4—Premiums 541 447 Flow chart 10—Determination of premium process 541 448 Premiums order 542 449 Authority may give notice of premium 543 450 Premium payable where employer not registered for whole of premium period 543 451 Adjustment of premium in certain circumstances 544 452 Default penalty 545 453 Payment and recovery of penalties 545 454 Late payment penalty 546 455 Default penalty where failure to provide full and true disclosure 546 456 Application for refund of premium 547 457 Premium avoidance schemes 548 458 Proceedings not to be brought 550 Division 5—Premium review 551 459 Flow chart 11—premium review process 551 460 Definitions 552 461 Employer may apply for review of a reviewable amount under this Division 553 462 Time for making, and form of, application for review 554 463 Application for review made out of time 554 464 Authority may decline application for review 555 465 Withdrawal of application for review 555 466 Time period for review 555 467 Request for information and suspension of review 556 468 Determination of review 557 469 Payments following review of reviewable amount 559 470 Interest payable following review of reviewable amount 559 471 Deemed determinations of the Authority 560 472 Review of premium by Authority at its discretion 561 473 Adjustment of premium after review 561 474 Application of adjustment powers under section 473 562 475 Recovery of increased premium 562 476 Refund of premium may be offset 562 477 Exercise of review and adjustment powers 563 Division 6—Review by VCAT and appeal to Supreme Court 563 478 Right of review and appeal 563 479 Authority to lodge material 565 482 Grounds of review 565 483 Onus on review or appeal 566 484 Review by VCAT 566 485 Supreme Court appeals 566 486 Authority to give effect to decision on review 567 487 If no appeal from a decision or order 567 Division 7—Recovery of premium or penalty 567 488 Recovery of premium or penalty 567 489 Evidence 568 Division 8—Reviews by Minister 570 490 Review of setting of premiums 570 Part 11—The Victorian WorkCover Authority 571 Division 1—Constitution 571 491 The Authority 571 492 Objectives of the Authority 571 493 Functions of the Authority 572 494 Powers of the Authority 576 495 Accountability of the Authority 578 496 Guidelines, forms and advisory practice notes 579 497 Power to give advice on compliance 579 498 Chief Executive Officer 580 499 Officers and employees 581 500 Delegation 582 501 Authorised agents 583 Division 2—Board of Management 585 502 Establishment of Board 585 503 Constitution of Board 585 504 Execution of documents 585 505 Judicial notice of signatures 586 506 Directors generally 586 507 Acting Directors 587 508 Vacancy, resignation and termination 588 509 Chairperson 588 510 Meetings of the Board 590 511 Pecuniary interests of Directors 591 Division 3—WorkCover Advisory Committee 592 512 WorkCover Advisory Committee 592 Division 4—Financial matters 595 513 WorkCover Authority Fund 595 514 Borrowing powers 598 515 Repayment of capital 598 516 Dividends 599 517 Budget 599 518 Operating and financial report 599 Part 12—Other bodies 600 Division 1—Accident Compensation Conciliation Service 600 519 Accident Compensation Conciliation Service 600 520 Official seal 600 521 ACCS does not represent the Crown 601 522 Functions 601 523 Powers 601 524 Board of directors 601 525 Conditions of appointment of directors 602 526 Acting appointments 603 527 Validity of acts or decisions 605 528 Proceedings of board 606 529 Resolutions without meetings 607 530 Chief Executive Officer 607 531 Staff of ACCS 609 532 No interference in individual conciliations or arbitrations 609 533 Data to be collected by the Chief Executive Officer 610 534 Indemnity, borrowing and guarantees 611 535 Extra territoriality 611 536 Delegation 611 536A Protection against liability 612 536B Direction by Minister 612 536C ACCS budget 613 536D Authority to fund ACCS 613 536E Signature 613 Division 2—Medical Panels 614 537 Establishment and constitution 614 537A Medical Panels budget 616 537B Authority to fund Medical Panels 616 538 Term, resignation and termination 617 539 Advisory functions 618 540 Validity of acts or decisions 618 541 Protection for Convenor and members of a Medical Panel 618 Part 13—General 619 Division 1—Indexation 619 542 Indexation—weekly payments 619 543 Indexation of weekly pensions for dependants of a worker who dies 620 544 Indexation of certain amounts—according to average weekly earnings 622 545 Indexation of certain amounts—consumer price index 624 546 Indexation—no reduction 627 547 Indexation—rounding 628 Division 2—Agreements 628 548 Reciprocal agreements—compensation 628 549 Reciprocal agreements—premiums or other amounts 629 550 Reciprocal agreements—relevant services 630 551 Incentive agreements to improve employer performance 631 Division 2A—Use of information 632 551A Use of information 632 Division 3—Access to information 633 552 Power to obtain information and evidence 633 553 Powers of inspection 635 554 Offences 636 555 Access to police records 636 556 Court to provide certificate of conviction 637 557 The Secretary to the Department of Transport and Planning may disclose information to Authority 638 Division 4—Issue of search warrants 639 558 Issue of search warrants 639 Division 5—Prohibited conduct relating to touting for claims 642 559 Definitions 642 560 Prohibited conduct by agents 644 561 Offence of engaging in prohibited conduct 645 562 Consequences of prohibited conduct for recovery of fees by agents 646 563 Consequences of prohibited conduct for legal practitioners 647 564 Legal practitioner and agents can be requested to certify as to prohibited conduct 648 565 Power to restrict or ban recovery of costs by agents who engage in prohibited conduct 650 566 Power to restrict or ban agents who engage in prohibited conduct 651 567 Duty of claimants to comply with requests for information about agents and legal practitioners 652 Division 6—Regulation of providers of professional services 652 568 Suspension of payments for services 652 569 Effect of disqualifying offence 655 570 Conduct of service providers 656 571 Findings of relevant bodies 660 572 Notice to be given before determination made 662 573 Authority may publish list of providers subject to disciplinary action 662 574 Victorian Civil and Administrative Tribunal 662 Division 7—Discriminatory conduct 664 575 Offence to engage in discriminatory conduct 664 576 Order for damages or reinstatement 667 577 Procedure if prosecution is not brought under section 575 669 578 Civil proceedings relating to discriminatory conduct 670 579 Effect of orders on other orders under section 575, 576 or 578 674 580 Claims under section 576 or 578 674 Division 8—Offences 675 Subdivision 1—Fraud, bribery and false information 675 581 Fraud 675 582 Bribery 675 583 False or misleading information 677 584 False or misleading statements 678 585 False information 679 586 Investigations 680 587 Indemnity 680 Subdivision 2—Other offences 681 588 Unauthorised use of information 681 589 Obstructing officers 681 Division 9—Miscellaneous 681 590 Certificate 681 591 State taxation officer 682 592 Signature 682 593 Service of documents by the Authority 682 594 Service of documents on the Authority 684 595 Secrecy provisions 684 596 Liability of premium adviser 686 597 Protection against self-incrimination 687 598 Legal professional privilege and client legal privilege not affected 688 599 Refunding money to the Authority etc. 688 600 Imputing conduct of bodies corporate 689 601 Criminal liability of officers of bodies corporate—failure to exercise due diligence 690 602 Responsible agency for the Crown 694 603 Proceedings against successors to public bodies 695 604 Undertakings 696 605 Adverse publicity orders 697 605A Review of the compensation scheme under this Act 699 Division 10—Prosecutions 699 606 Institution of prosecutions under Part 4 699 607 Return to work—procedure if prosecution is not brought 700 608 Institution of prosecutions 701 Division 11—Directions and guidelines 702 609 Directions given by the Minister 702 610 Directions given for the purposes of Part 4 703 611 Guidelines made by the Minister 704 612 Guidelines made by the Authority 704 Division 12—The Authority and the IBAC 705 613 Mandatory notification of corrupt conduct to IBAC 705 614 Consultation prior to notification 706 615 Communication of information to the IBAC 706 616 Authority not to prejudice investigations of the IBAC 706 Division 13—Section 85 provisions 707 617 Supreme Court—limitation of jurisdiction—conferral of exclusive jurisdiction 707 618 Supreme Court—limitation of jurisdiction—no proceedings 707 619 Proceedings 708 Division 14—Regulations 708 620 Regulations 708 Division 14A—Review of amendments 710 620A Independent review by expert panel 710 620B Appointment of expert panel 711 Division 15—Savings, repeal and transitionals 711 622 Re-enacted provisions of Accident Compensation Act 1985 711 623 Repeal of Accident Compensation (WorkCover Insurance) Act 1993 723 623A Transitional provision—Staff to be transferred to ACCS 724 623B Transitional provision—Transfer of staff to ACCS 724 623C Provisions relating to establishment of ACCS 726 623D Validity of things done under section 623C 727 623E Savings provisions—Compensation Legislation Amendment Act 2016 728 623F Transitional provision—Compensation Legislation Amendment Act 2016 728 623G Transitional provision—WorkSafe Legislation Amendment Act 2017 728 623H Transitional provision—WorkSafe Legislation Amendment Act 2017 729 623I Transitional provision—WorkSafe Legislation Amendment Act 2017 729 623J Savings provision—seafarers' claims 729 623K Transitional provision—Compensation Legislation Amendment Act 2018 730 623L Transitional provision—Treasury and Finance Legislation Amendment Act 2018 730 623M Transitional provision—Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019 730 623MA Transitional provision—Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021 730