Country Fire Authority Amendment (Member Compensation) Regulations 2014
S.R. No. 81/2014
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Entitlement to compensation
7Damages
8Making a claim
9Report by officer in charge
10Some personal injury claims may be lodged with Authority
11Authority may request report by officer in charge
12Determination of claims
13Average weekly earnings
14Interim payment
15Duty to advise Authority
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ENDNOTES
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S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations 2014
statutory rules 2014
S.R. No. 81/2014
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S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations 2014
Country Fire Authority Act 1958
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S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations 2014
Country Fire Authority Amendment (Member Compensation) Regulations 2014
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S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations 2014
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 24 June 2014
Responsible Minister:
KIM WELLS
Minister for Police and Emergency Services
YVETTE CARISBROOKE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Country Fire Authority Regulations 2004—
(a)to ensurethat the Authority may consider claims for compensation for injuries that occur on orafter 1 July 2014 by referring to provisions of the Workplace Injury Rehabilitation and Compensation Act 2013as well as specified provisions of the Accident Compensation Act 1985; and
(b)to ensurethat the Authority may continue to consider claims for compensation for injuries that occur before 1 July 2014 by referring to amended provisions of the Accident Compensation Act 1985; and
(c)to ensurethat the Authority may make interim payments to support injured membersand dependants and family who may be entitled to compensation as a result of the death of a member; and
(d)toensure that the Authority may determine the appropriate level of compensation when a member is not currently employed; and
(e)to clarify that the officer in charge of a brigade may lodge a claim with anoperations manager within the region; and
(f)toensure that compensation claims may be adjusted for any settlement or compromise reached with a person entitled to compensation under this Part; and
(g)to otherwise improve the operation of Part 6 of those Regulations.
2Authorising provision
r. 2
These Regulations are made under section 110 of the Country Fire Authority Act 1958.
3Commencement
These Regulations come into operation on 1 July 2014.
4Principal Regulations
In these Regulations, the Country Fire Authority Regulations 2004[1] are called the Principal Regulations.
5Definitions
Inregulation75 of the Principal Regulations—
(a)insert the following definitions—
"notional current weekly earnings in relation to a member means the weekly earnings the Authority determines the member could earn from time to time (including, but not limited to, the amount of any current weekly earnings) in employment being the member's employment, before the injury or in suitable employment, that the Authority determines the member is capable of performing despite the injury;
serious injury means an injury to a member in respect of which the member's degree of impairment is 30% or more when assessed in accordance with—
r. 5
(a)the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition)(other than chapter 15); or
(b)the Guide to the Evaluation of Psychiatric Impairment for Clinicians—
as amended, varied or substituted from time to time under the Workplace Injury Rehabilitation and Compensation Act 2013;";
(b)for the definition of family membersubstitute—
"family member, in relation to a person,means—
(a)a spouse, domestic partner, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, step-son, step-daughter,brother, sister, half-brother, half-sister, step-brother or step-sister ofthat person; or
(b)any person who stands in the place of a parent in relation to that person;";
(c)in the definition of medical and like expenses, in paragraph (b), for "the spouse, domestic partner, family members and dependents" substitute "the family members and dependants";
(d)forthe definition of suitable employment substitute—
r. 5
"suitable employment, in relation to a member, means employment in work for which the member is currently suited—
(a)having regard to the following—
(i) the nature of the member's incapacity and the details provided in medical information including, but not limited to, the medical certificate supplied by the member in accordance with regulation79;
(ii)the member's age, education, skills and work experience;
(iii)the member's place of residence;
(iv)any plan or document prepared as part of the return to work process;
(v)any occupational rehabilitation services that are being, or have been, provided to the member;
(b)regardless of whether—
(i) the work or the employment is available; or
(ii)the work or the employment is of a type that is generally available in the employment market;".
6Entitlement to compensation
r. 6
Inregulation76(2) of the Principal Regulations, for "the spouse, domestic partner, family members and dependents"substitute "the family members and dependants".
7Damages
(1)In regulation 78(1) of the Principal Regulations—
(a)in paragraph (b), after "on behalf of"insert", or a compromise or settlement is reached with,";
(b)in paragraph (c), for "the award"substitute"the amount paid under the award, compromise or settlement";
(c)in paragraph (d), for "the award"substitute"the amount paid under the award, compromise or settlement".
(2)In regulation 78(3) of the Principal Regulations—
(a)in paragraph (b), after "on behalf of"insert ", or a compromise or settlement is reached with,";
(b)for"the award of damages or compensation"substitute "the amount paid under the award, compromise or settlement".
(3)After regulation 78(4) of the Principal Regulations insert—
"(5)This regulation does not apply to a compromise or settlement reached in respect of a personal injury sustained before 1 July 2014.".
8Making a claim
r. 8
(1)For regulation 79(2)(a) of the Principal Regulations substitute—
"(a)be in the form approved by the Victorian WorkCover Authority for the purposes of—
(i) for a claim relating to injuries sustained before 1July 2014, the Accident Compensation Act 1985; or
(ii)for a claim relating to injuries sustained on or after 1 July 2014, the Workplace Injury Rehabilitation andCompensation Act 2013; and".
(2)For regulation 79(5) of the Principal Regulationssubstitute—
"(5)Subject to regulation 80A, a claim must be lodged with—
(a)the officer in charge of the brigade to which the member belonged; or
(b)if the member or the claimant is the officer in charge of a brigade, an operations manager within the region in which the brigade operated—
at the time of the destruction, damage or loss of personal property or of the personal injury, as the case may be.".
9Report by officer in charge
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In regulation 80(2) of the Principal Regulations, for "the operations manager for the region"substitute "theoperations manager within the region who received the claim".
10Some personal injury claims may be lodged with Authority
In regulation 80A of the Principal Regulations—
(a)in subregulation (1), for "with the officer in charge of the brigade to which the member belonged at the time of the personal injury"substitute "in accordance with regulation79(5)";
(b)in subregulation (2)(b), for "with the officer in charge of the brigade to which the member belonged at the time of the personal injury"substitute "in accordance with regulation 79(5)";
(c)insubregulation (2)(c),for"with the officer in charge"substitute"in accordance with regulation 79(5)".
11Authority may request report by officer in charge
(1)In regulation 80B(1) of the Principal Regulations, for "If a claim"substitute"Subject to subregulation (3), if a claim".
(2)In regulation 80B(2) of the Principal Regulations, for "If a claim"substitute"Subject to subregulation (3), if a claim".
(3)After regulation 80B(2) of the Principal Regulations insert—
"(3)If the claim for personal injury is lodged bythe officer in charge of a brigade, the Authority may deal with an operations manager within the region in accordance withsubregulations (1) and (2).".
12Determination of claims
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Inregulation82 of the PrincipalRegulations—
(a)forsubregulation (2)(b)substitute—
"(b)must give consideration—
(i) for a claim relating to injuries sustained before 1 July 2014, to the matters set out insections5, 5AC, 5AE, 5B, 82, 82A, 82B, 82C, 82D, 83, 86, 88, 89, 90, 91 (except subsection (2)), 92 (except subsection (7)), 93, 93CE, 93E, 93EA, 93F, 96, 96A, 97, 98, 98A, 99AAA, 99, 99AA, 99AC, 99AD, 99A, 100, 111 and112 of the Accident Compensation Act 1985; or
(ii)for a claim relating to injuries sustained on or after 1 July2014, to the matters set out insections92, 98 and 98A of the Accident Compensation Act 1985 and sections3, 6, 7, 27, 39, 40, 41, 42, 43, 44, 45, 46, 50, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 152, 156, 158, 160, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 222, 223, 224, 226, 228, 229, 231, 232 and542 of,and clause 25 of Schedule1 to,the Workplace Injury Rehabilitation and Compensation Act 2013—
with any variations that are necessary, and in so far as they are not inconsistent with these Regulations;";
(b)insubregulation (2)(c), for "member."substitute"member; and";
(c)aftersubregulation (2)(c)insert—
"(d)in determining a claim for compensation arising from the death of a member, may take into account the receipt by the member of—
(i) income from employment of, or work performed by, the member; or
(ii)a pension, regular annuity or benefit payable under a law enacted in Victoria or any other Australian jurisdiction or an amount payable under a policy of insurance in respect of loss of earnings or income.".
13Average weekly earnings
r. 13
Inregulation83 of the Principal Regulations—
(a)omit"self-employed";
(b)after paragraph (b)(iii) insert—
"(iiia) the member's employment by an employer before the injury;";
(c)in paragraph (b)(iv), for "matters."substitute "matters;";
(d) after paragraph (b) insert—
"(c)if the member was not working under a contract of service at the time of the injury, may calculate average weekly earnings on any basis that, in the opinion of the Authority, most fairly reflects the worker's earning capacity had the injury not occurred.".
14Interim payment
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(1)For regulation 84(1) of the Principal Regulations substitute—
"(1)The Authority, before determining a claim for compensation for personal injury, may make an interim payment—
(a)for loss of income, calculated in accordance with regulation 83, for a period not exceeding 6 weeks; and
(b)for reasonable medical and like expenses for a period not exceeding 6weeks.".
(2)After regulation84(2) of the Principal Regulations insert—
"(2A) Subject to subregulations (2B) and (2C), if it appears to the Authority that a person may be entitled to compensation in respect of the death of a member, the Authority may, before determining the claim, make interim payments to the person as follows—
(a)a weekly payment for a period of up to 12weeks from the date of death of the member in an amount the Authorityconsiders reasonable;
(b)a payment for reasonable medical and like expenses up to a maximumamount determined by the Authority.
(2B) Only one spouse or domestic partner may receive interim payments under subregulation (2A)(a).
(2C) The total amount of interim payments paid to each person entitled to compensation in respect of the death of a member under subregulation(2A)must not exceed the maximum amount determined by the Authority.
(2D) If the Authority determines that compensation is payable, the compensation payable is to be reduced by the amountof any interim paymentmade under this regulation.".
(3) In regulation84(3) of the Principal Regulations, after "(1)"insert"or (2A)".
15Duty to advise Authority
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In regulation 87(2)(b) of the Principal Regulations, after "payable by"insert", or any compromise or settlement reached with,".
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S.R. No. 81/2014
Country Fire Authority Amendment (Member Compensation) Regulations 2014
ENDNOTES
Endnotes
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[1]Reg. 4: S.R. No.9/2004. Reprint No. 1 as at 9 September 2008. Reprintedto S.R.No. 106/2008. Subsequently amended by S.R.Nos67/2009, 66/2010, 60/2011, 66/2012 and 149/2013 and extendedin operation by S.R. No. 173/2013.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated documentRegulation 5(a), which inserts a definition of serious injury / American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) / The whole, other than Chapter15
The Guide to the Evaluation of Psychiatric Impairment for Clinicians, published in the Government Gazette dated 27July 2006 / The whole