Version No. 010
Accident Compensation Regulations 2001
S.R. No. 21/2001
Version incorporating amendments as at 6 March 2003
table of provisions
RegulationPage
1
RegulationPage
PART 1—PRELIMINARY
1.Objective
2.Authorising provisions
3.Commencement
4.Revocation
PART 2—GENERAL
5.Investigation of fraud
6.Prescribed particulars as evidence
7.Form of warrant under section 240A of the Accident Compensation Act 1985
8.Form of warrant under section 70 of the Accident Compensation (WorkCover Insurance) Act 1993
PART 3—COMPENSATION
9.Full-time worker
10.Prescribed number of hours
11.Travelling allowance
12.Accommodation allowance
13.Amounts not remuneration
14.Payments to worker resident overseas
15.Employer claim report
16.Reimbursement
17.Revoked8
18.Contract of insurance
PART 4—SELF INSURANCE
19.Eligibility to apply for approval as a self-insurer
20.Application for approval as a self-insurer
21.Approval of self-insurers
22.Insurance in respect of contingent liabilities
23.Contributions by self-insurers
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SCHEDULES
SCHEDULE 1—Search warrant
SCHEDULE 2—Search warrant
SCHEDULE 3—Amounts not remuneration
SCHEDULE 4—Terms and conditions of approval as a self insurer
SCHEDULE 5—Forms
Form 1—Medical Certificate
Form 2—Statement of identity by worker residing outside Australia
Form 3—Employer claim report
Form 4—Contribution by self-insurer to WorkCover Authority fund
SCHEDULE 6—Revocations
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endnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 010
Accident Compensation Regulations 2001
S.R. No. 21/2001
Version incorporating amendments as at 6 March 2003
1
Accident Compensation Regulations 2001
S.R. No. 21/2001
Part 1—Preliminary
1.Objective
The objective of these Regulations is to prescribe those matters authorised or required for the achievement of the objects of the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993.
2.Authorising provisions
These Regulations are made under section 253 of the Accident Compensation Act 1985 and section 72 of the Accident Compensation (WorkCover Insurance) Act 1993.
3.Commencement
These Regulations come into operation on 19 March 2001.
4.Revocation
The Regulations set out in Schedule 6 are revoked.
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Part 2—General
5.Investigation of fraud
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Inquiries and investigations under section 248B of the Accident Compensation Act 1985 must be conducted—
(a)with due care; and
(b)objectively; and
(c)affording all due recognition of and respect for the legal rights of the person or persons whose activities are being inquired into or investigated.
6.Prescribed particulars as evidence
(1)For the purposes of a certificate under section 239A of the Accident Compensation Act 1985, the prescribed particulars relating to amounts (including amounts of compensation) paid or payable by the Authority under the Accident Compensation Act 1985 or the Accident Compensation (WorkCover Insurance) Act 1993 are those of the following particulars which are relevant to the proceedings in respect of which the certificate has been issued—
(a)nature of amount;
(b)if the amount is or is in respect of a weekly payment, the period in respect of which the weekly payment was paid or payable;
(c)invoice number;
(d)date of invoice;
(e)date invoice received;
(f)invoiced date of service;
(g)nature of service;
(h)name of payee;
(i)date cheque drawn;
(j)drawer name;
(k)drawer's bank;
(l)date cheque issued;
(m)claimant name;
(n)provider name;
(o)provider numbers;
(p)provider address;
(q)WorkCover claim number;
(r)worker's name;
(s)worker's date of birth;
(t)date of injury.
(2)In this regulation, "provider numbers" means—
(a)the number allocated to that provider by the Authority in respect of all practices of the provider; and
(b)the number or numbers allocated to the relevant practice of that provider by the Health Insurance Commission, or if the provider is not a type to whom the Health Insurance Commission issues a number, the number or numbers allocated to the relevant practice or practices of the provider by the Authority.
7.Form of warrant under section 240A of the Accident Compensation Act 1985
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For the purposes of section 240A of the Accident Compensation Act 1985, the prescribed form of warrant is the form set out in Schedule 1.
8.Form of warrant under section 70 of the Accident Compensation (WorkCover Insurance) Act 1993
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For the purposes of section 70 of the Accident Compensation (WorkCover Insurance) Act 1993, the prescribed form of warrant is the form set out in Schedule 2.
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Part 3—Compensation
9.Full-time worker
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For the purposes of the definition of "full-time worker" in section 5(1) of the Accident Compensation Act 1985, the prescribed number of hours if there is no applicable award is 35.
10.Prescribed number of hours
For the purposes of section 5A(6)(e) of the Accident Compensation Act 1985, the prescribed number of hours is 35.
11.Travelling allowance
For the purposes of section 5(10) of the Accident Compensation Act 1985, the prescribed rate for an allowance for travelling paid or payable to a worker by that worker's employer for the use of a motor car owned by the worker and used by the worker in the course of his or her employment is 535 cents in respect of every kilometre for which the worker uses the motor car.
12.Accommodation allowance
For the purposes of section 5(10) of the Accident Compensation Act 1985, the prescribed rate for an allowance for accommodation paid or payable to a worker by that worker's employer for accommodation expenses necessarily incurred by the worker in the course of his or her employment where the worker is absent from his or her headquarters overnight is $130.00 in respect of every night for which the worker is absent from the headquarters.
13.Amounts not remuneration
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If—
(a)a person (in this regulation called "the principal") enters into a contract mentioned in Column 1 of the Table in Schedule 3 with any other person (in this regulation called "the contractor"); and
(b)the contractor provides his or her own materials or equipment if those materials have or that equipment has not been purchased from the principal; and
(c)the total amount paid by the principal to the contractor includes amounts in respect of those materials or that equipment—
that part of the total amount paid to the contractor which is not attributable to the performance of work and not remuneration for the purposes of sections 6(2), 8(2) and 9(2)(d) of the Accident Compensation Act 1985 is the percentage specified in Column 2 of the Table in Schedule 3 opposite that contract.
14.Payments to worker resident overseas
If a worker who ceases to reside in Australia has satisfied the Authority or self-insurer under section 97(2) or (2AA) of the Accident Compensation Act 1985 that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity, that worker is entitled to receive weekly payments in accordance with section 97(3) of the Accident Compensation Act 1985 if at quarterly intervals—
(a)the worker submits to an examination by a medical practitioner who is legally qualified in the country where the worker is residing and who is approved by the Authority or self insurer under section 5(1) of the Accident Compensation Act 1985 and obtains from that medical practitioner a certificate in accordance with Form 1 in Schedule 5; and
(b)the worker makes a statement of identity in accordance with Form 2 in Schedule 5; and
(c)the worker submits the statement and certificate to the authority or self-insurer, as the case may be, together with a request for payment of the amount of weekly payments accruing due during the preceding quarter.
15.Employer claim report
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An employer who forwards a claim for compensation, other than compensation under section 98, 98A, 98C or 98E of the Accident Compensation Act 1985, in accordance with section 108 of that Act must furnish to the Authority information in accordance with Form 3 in Schedule 5.
16.Reimbursement
The prescribed period for the purposes of section 114D(5) of the Accident Compensation Act 1985 is 30 days after the date on which the Authority receives notification that the employer has made a weekly payment to the worker in respect of whom a current certificate of capacity in accordance with section 111 of that Act has been forwarded to the Authority.
Reg. 17 revoked by Act No. 10191/1985 s. 117D(2) (as amended by No. 82/2001 s. 3).
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18.Contract of insurance
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For the purposes of section 134 of the Accident Compensation Act 1985, the forms of contract of insurance prescribed by the Accident Compensation Regulations 1985 and the Accident Compensation Regulations 1990 continue in force in respect of injuries arising before 4 p.m. on 30 June 1993.
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Part 4—Self Insurance
19.Eligibility to apply for approval as a self-insurer
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(1)For the purposes of sections 141(2) and 142B(3A) of the Accident Compensation Act 1985, the prescribed minimum requirements as to financial strength and viability that the body corporate or partnership respectively must satisfy are that it is and would be capable of meeting its claims liabilities as and when they fall due.
(2)For the purposes of sub-regulation (1), "claims liabilities" means the value as estimated by the Authority of the existing and future financial liabilities of the body corporate and, if applicable, its subsidiaries or of the partnership under the Accident Compensation Act 1985 and at common law or otherwise, in respect of injuries incurred or suffered, or to be incurred or suffered, by workers employed by the body corporate and, if applicable, its subsidiaries or by the partnership.
20.Application for approval as a self-insurer
(1)An application for approval as a self-insurer must be accompanied by an assessment fee calculated in accordance with this regulation.
(2)Subject to sub-regulations (4) to (7), the assessment fee is to be calculated at the rate of 0033 per cent of the assessment remuneration calculated in accordance with sub-regulation (3).
(3)For the purposes of sub-regulation (2), "assessment remuneration" means the sum of
calculated for—
(a)if the applicant is a body corporate that is not a holding company, that body corporate;
(b)if the applicant is a body corporate that is a holding company, that body corporate and each of its subsidiaries;
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(c)if the applicant is MAV, MAV and each of the local government corporations which, at the time of the application, are proposed to be participating corporations;
(d)if the applicant is a partnership, the partnership;
where—
Xis the total rateable remuneration within the meaning of the Accident Compensation (WorkCover Insurance) Act 1993 or, if that Act does not apply, the total remuneration calculated as if it were rateable remuneration, which was paid or payable during the year ending on the last day of the last whole month immediately preceding the date on which the application is made to workers employed by the body corporate, subsidiary, MAV, local government corporation or partnership, as the case may be;
Nis the number of months in the year referred to in the definition of X during which the rateable remuneration or remuneration referred to in that definition was paid or payable.
(4)If the assessment fee calculated in accordance with sub-regulation (2) is greater than $33 000 or that amount as varied in accordance with sub-regulations (5), (6) and (7) as at the date on which the application is made, the assessment fee is $33 000 or that amount as so varied.
(5)The amount of $33 000 referred to in sub-regulation (4) must be varied, in respect of the financial year beginning on 1 July 2001 and each subsequent financial year, in accordance with the formula—
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where—
Ais the amount of $33 000 or that amount as last varied in accordance with this sub-regulation;
Bis the latest average weekly earnings as at 30 May in the preceding financial year of all employees for Victoria published by the Australian Statistician in respect of the December quarter of that financial year or, if that is not available, the latest available quarter;
Cis the average weekly earnings of all employees for Victoria as at 30 May in the year preceding the preceding financial year published by the Australian Statistician in respect of the quarter preceding that 30 May corresponding to the quarter referred to above.
(6)If the variation of the amount of $33 000 referred to in sub-regulation (4) by operation of sub-regulation (5) has the effect of reducing the amount—
(a)the variation is deemed not to have taken effect, except for the purposes of the application of this sub-regulation; and
(b)when the amount is varied and increased by operation of sub-regulation (5) in respect of the next or a subsequent financial year, that variation has effect as an increase only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase.
(7)The amount produced by a variation of the amount of $33 000 referred to in sub-regulation (4) must be calculated to the nearest whole $10.
21.Approval of self-insurers
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For the purposes of sections 142(4), 142A(3) and 142C(3) of the Accident Compensation Act 1985, the prescribed terms and conditions are the terms and conditions contained in Schedule 4.
22.Insurance in respect of contingent liabilities
Reg. 22(1) amended by S.R. No. 62/2001 reg. 4(Sch. item 1).
(1)The contract of insurance which a self-insurer must have in force at all times in accordance with section 146(1)(b) of the Accident Compensation Act 1985 in respect of its contingent liabilities shall be a contract of insurance effected with an insurer approved by the Australian Prudential Regulation Authority pursuant to the Insurance Act 1973 of the Commonwealth, other than an insurer which is deemed to be related to the self-insurer by reason of section 50 of the Corporations Act, or with an insurer which is wholly owned by any State or Territory of the Commonwealth.
(2)The contract of insurance effected in accordance with this regulation must be for an unlimited amount in excess of the self-insurer's liability for any one event or series of events arising out of any occurrence during the policy period.
(3)The self-insurer's liability under the contract must be an amount chosen by the self-insurer which is not less than $500 000 or greater than $2 000 000.
(4)The self-insurer must submit to the Authority—
(a)a certified copy of the contract of insurance effected in accordance with this regulation within 21 days after the day on which the self-insurer is approved as a self-insurer and thereafter within 21 days after any day on which—
(i)the policy is altered; or
(ii)the contract of insurance is effected with a different insurer; and
(b)an annual certificate of currency of that contract of insurance.
23.Contributions by self-insurers
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(1)The amount of contributions payable by a self-insurer pursuant to section 33A of the Accident Compensation Act 1985 must be determined in accordance with the following formula—
(2)In sub-regulation (1)—
"A"is the sum of the costs incurred by the Authority during the preceding quarter referred to in sections 32(4)(d) and (fa) of the Accident Compensation Act 1985 and the costs incurred by the Authority during the preceding quarter in the administration of Division 2 of Part III of that Act;
"B"is the rateable remuneration calculated as if the self-insurer were an employer liable to pay the premium for a WorkCover insurance policy under the Accident Compensation (WorkCover Insurance) Act 1993 paid or payable by the self-insurer during the preceding financial year;
"C"is the sum of the total rateable remuneration paid or payable by all employers liable to pay the premium for a WorkCover insurance policy under the Accident Compensation (WorkCover Insurance) Act 1993 and the total rateable remuneration calculated in accordance with B in respect of all self-insurers during the preceding financial year;
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"D"is the sum of—
(a)the total of those costs incurred by the Authority in the preceding quarter referred to in—
(i)section 32(4)(d) of the Accident Compensation Act 1985; and
(ii)section 32(4)(e) of the Accident Compensation Act 1985 excluding those costs—
(A)directly related to the administration, operation, management and maintenance of the Authority's central computer network used by authorised agents; and
(B)related to compliance audits in relation to the collection and recovery of premium payable under the Accident Compensation (WorkCover Insurance) Act 1993 and levy payable under the Accident Compensation Act 1985; and
(C)related to actuarial services provided to the Authority other than any such costs incurred under section 151 of the Accident Compensation Act 1985; and
(iii)section 32(4)(f) of the Accident Compensation Act 1985; and
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(iv)section 32(4)(fa) of the Accident Compensation Act 1985; and
(v)section 32(4)(i) of the Accident Compensation Act 1985; and
(b)those costs incurred by the Authority in the preceding quarter in the administration of Division 2 of Part III of the Accident Compensation Act 1985; and
(c)those costs incurred by the Authority in the preceding quarter directly related to meeting any liability incurred by the Authority under section 151 of the Accident Compensation Act 1985.
(3)The return which each self-insurer must submit pursuant to section 33A(4) of the Accident Compensation Act 1985 must be in accordance with Form 4 in Schedule 5.
(4)A self-insurer must submit a return referred to in sub-regulation (3) no later than 30 September next following the end of the financial year in respect of which the return is completed.
(5)The prescribed surcharge for the purposes of section 33A(3) of the Accident Compensation Act 1985 is $100 per day until the contribution is paid.
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SCHEDULES
SCHEDULE 1
Sch. 1
Regulation 7
Search warrant
Accident Compensation Act 1985
Section 240A
EXECUTION COPY/SERVICE COPY
COURT REF.______
Premises where search will be conducted:
Street name and numberSuburb/Town
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AUTHORITY
Being satisfied, by the evidence [on oath] [and] [by affidavit] of the Victorian WorkCover Authority, that there is reasonable ground for suspecting that there are on the premises mentioned above books which are relevant in determining whether any of the provisions of the Accident Compensation Act 1985 or the Accident Compensation (WorkCover Insurance) Act 1993 are being or have been contravened,
This Warrant authorises any member of the police force, together with—
(Names)(a)to enter the premises mentioned above (using such force as is necessary for the purpose); and
(b)to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; and
(c)to take possession of, or secure against interference, any books that appear to be so relevant; and
(d)to deliver any books, possession of which is so taken, into the possession of the Victorian WorkCover Authority, or—
being a person authorised by the Victorian WorkCover Authority to receive them.
Sch. 1
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This Warrant is issued under section 240A of the Accident Compensation Act 1985.
Issued at: / place / by:signature
on: / date
name
at: / time / Magistrate
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RESULT OF RESEARCH
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