Accident Compensation Regulations 2001
i
Accident Compensation Regulations 2001
S.R. No. 21/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Revocation 2
PART 2—GENERAL 3
5. Investigation of fraud 3
6. Prescribed particulars as evidence 3
7. Form of warrant under section 240A of the Accident
Compensation Act 1985 4
8. Form of warrant under section 70 of the Accident
Compensation (WorkCover Insurance) Act 1993 5
PART 3—COMPENSATION 6
9. Full-time worker 6
10. Prescribed number of hours 6
11. Travelling allowance 6
12. Accommodation allowance 6
13. Amounts not remuneration 7
14. Payments to worker resident overseas 7
15. Employer claim report 8
16. Reimbursement 8
17. Settlements 8
18. Contract of insurance 9
PART 4—SELF INSURANCE 10
19. Eligibility to apply for approval as a self-insurer 10
20. Application for approval as a self-insurer 10
21. Approval of self-insurers 13
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Regulation Page
ii
22. Insurance in respect of contingent liabilities 13
23. Contributions by self-insurers 14
__________________
SCHEDULES 18
SCHEDULE 1—Search warrant 18
SCHEDULE 2—Search warrant 24
SCHEDULE 3—Amounts not remuneration 30
SCHEDULE 4—Terms and conditions of approval as a self-insurer 31
SCHEDULE 5—Forms 35
Form 1—Medical Certificate 35
Form 2—Statement of identity by worker residing outside Australia 36
Form 3—Employer claim report 37
Form 4—Contribution by self-insurer to WorkCover Authority fund 39
SCHEDULE 6—Revocations 40
═══════════════
INDEX 41
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1
STATUTORY RULES 2001
S.R. No. 21/2001
Accident Compensation Act 1985
Accident Compensation (WorkCover Insurance) Act 1993
Accident Compensation Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 14 March 2001
Responsible Minister:
BOB CAMERON
Minister for WorkCover
HELEN DOYE
Clerk of the Executive Council
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
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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
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;
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(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
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.
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8. Form of warrant under section 70 of the Accident
Compensation (WorkCover Insurance) Act 1993
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
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
53·5 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.
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13. Amounts not remuneration
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
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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
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.
17. Settlements
A worker who is receiving or is entitled to
compensation under the Accident Compensation
Act 1985 (other than section 99) may apply to the
Authority or self-insurer for settlement of his or
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her entitlement under that Act (other than
section 99) as provided in section 115 of that Act
if the worker—
(a) is seriously injured within the meaning of
section 93B(5) of that Act; and
(b) has been receiving weekly payments for at
least 104 weeks; and
(c) requires the settlement for the purposes of an
income producing project.
18. Contract of insurance
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
(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
0·033 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
X
N 12 ×
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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;
(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—
X is 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;
N is 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
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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—
A B
C
×
where—
A is the amount of $33 000 or that amount as
last varied in accordance with this sub-
regulation;
B is 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;
C is 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
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(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
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
(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 the Corporations Law, 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.
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(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
(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—
B
C D A B
C A B
C
×
− ×
× ⋅ + ×
0 6
(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
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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;
"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
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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
(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.
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(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
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 number
Suburb/Town
_____________________________________________________________
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
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(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.
_____________________________________________________________
This Warrant is issued under section 240A of the Accident
Compensation Act 1985.
Issued at: place by:
signature
on: date
name
at: time Magistrate
_____________________________________________________________
RESULT OF RESEARCH
________________________________________________________
A. EXECUTION
Warrant executed
at am/pm on / /
OR
This Warrant is returned unexecuted because—
_____________________________________________________________
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B. SERVICE
Copy Warrant served on—
(owner/occupier/person in charge of
premises)
of
OR, description of person
on whom served
_____________________________________________________________
C. PROPERTY DAMAGE
Owner/occupier/person
in charge of premises to
sign.
I acknowledge that no damage has been
caused to property in the execution of this
Warrant.
OR, where
owner/occupier/person in
charge of premises is
absent, or declines to
sign, complete "Property
damaged" and "Reasons"
boxes (including "Nil
Damage" where
applicable).
OR
The following damage was caused to property
in the execution of this Warrant:
Property damaged: Reasons (if known):
Signed:
(owner/occupier/person in charge of premises)
WARNING TO PERSONS ON PREMISES
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(on Service Copy only)
It is an offence under section 240A of the Accident Compensation Act
1985, punishable by fine or imprisonment, for any person—
(a) to refuse to permit any search or seizure pursuant to this
Warrant to be made; or
(b) to assault, oppose, molest or obstruct any person employed or
acting in the execution or under the authority of this Warrant or
aiding or assisting in its execution.
D. BOOKS SEIZED (number each item):
If insufficient space, attach additional pages. No. of pages attached
E. DELIVERY OF BOOKS SEIZED
I delivered these books to—
at am/pm on / /
_____________________________________________________________
F. SIGNATURE OF POLICE MEMBER
Dated: / / Signed:
Name, rank and No.
Station and address
NOTE TO PERSONS EXECUTING WARRANT
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Where, pursuant to this Warrant, a person takes possession of, or secures
against interference, any books, that person or any person to whose
possession they are delivered pursuant to this Warrant—
• may make copies of, or take extracts from, the books;
• may retain possession of the books for such period as is necessary to
enable them to be inspected, and copies of, or extracts from, them to be
made or taken, by or on behalf of the Victorian WorkCover Authority;
• during that period must permit a person who would be entitled to inspect
any one or more of those books if they were not in the possession of the
first-named person to inspect at all reasonable times such of those books
as that person would be so entitled to inspect;
• may retain the original books, or some of them, for a longer period only
where the Magistrate who issued this Warrant makes an order under sub-
section (3B) of section 240A of the Accident Compensation Act 1985.
_____________________________________________________________
RETENTION OF ORIGINAL BOOKS FOR CRIMINAL
PROCEEDINGS
G. BOOKS TO BE RETAINED FOR CRIMINAL
PROCEEDINGS (number each item).
If insufficient space, attach additional pages. No. of pages attached
H. ORDER FOR RETENTION FOR CRIMINAL PROCEEDINGS
Being satisfied, on application by the Victorian WorkCover Authority, that
there is reasonable ground to believe that the physical properties of the
abovementioned books, or of the contents of these books, are material
evidence in proposed criminal proceedings against—
Name of proposed defendant(s)
I order that the Victorian WorkCover Authority is authorised to retain
possession of these books until the criminal proceedings are concluded.
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This Order is made under section 240A(3B) of the Accident Compensation
Act 1985.
Made at: place by:
signature
on: date
name
at: time Magistrate
—————————
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SCHEDULE 2
Regulation 8
SEARCH WARRANT
Accident Compensation (WorkCover Insurance) Act 1993
Section 70
EXECUTION COPY/SERVICE COPY
COURT REF.
_____________________________________________________________
Premises where search will be conducted:
Street name and number
Suburb/Town
_____________________________________________________________
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 to the assessment of a premium for the purposes of the Accident
Compensation (WorkCover Insurance) Act 1993,
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
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(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.
_____________________________________________________________
This Warrant is issued under section 70 of the Accident Compensation
(WorkCover Insurance) Act 1993.
Issued at: place by:
signature
on: date
name
at: time Magistrate
____________________________________________________________
RESULT OF SEARCH
______________________________________________________
A. EXECUTION
Warrant executed
at am/pm on / /
OR
This Warrant is returned unexecuted because—
B. SERVICE
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Copy Warrant served
on— (owner/occupier/person in charge of premises)
of
OR, description of
person on whom served
_____________________________________________________________
C. PROPERTY DAMAGE
Owner/occupier/person
in charge of premises to
sign.
I acknowledge that no damage has been
caused to property in the execution of this
Warrant.
OR, where
owner/occupier/person in
charge of premises is
absent, or declines to
sign, complete "Property
damaged" and "Reasons"
boxes (including "Nil
Damage" where
applicable).
OR
The following damage was caused to property
in the execution of this Warrant.
Property damaged: Reasons (if known):
Signed:
(owner/occupier/person in charge of premises)
WARNING TO PERSONS ON PREMISES
(on Service Copy only)
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27
It is an offence under section 70 of the Accident Compensation
(WorkCover Insurance) Act 1993 for any person—
(a) to refuse to permit any search or seizure pursuant to this
Warrant to be made; or
(b) to assault, oppose, molest or obstruct any person employed or
acting in the execution or under the authority of this Warrant or
aiding or assisting in its execution.
D. BOOKS SEIZED (number each item):
If insufficient space, attach additional pages. No. of pages attached
E. DELIVERY OF BOOKS SEIZED
I delivered these books to—
at am/pm on / /
________________________________________________________
F. SIGNATURE OF POLICE MEMBER
Dated: / / Signed:
Name, rank and No.
Station and address
NOTE TO PERSONS EXECUTING WARRANT
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Where, pursuant to this Warrant, a person takes possession of, or secures
against interference, any books, that person or any person to whose
possession they are delivered pursuant to this Warrant—
• may make copies of, or take extracts from, the books;
• may retain possession of the books for such period as is necessary to
enable them to be inspected, and copies of, or extracts from, them to be
made or taken, by or on behalf of the Victorian WorkCover Authority;
• during that period must permit a person who would be entitled to inspect
any one or more of those books if they were not in the possession of the
first-named person to inspect at all reasonable times such of those books
as that person would be so entitled to inspect;
• may retain the original books, or some of them, for a longer period only
where the Magistrate who issued this Warrant makes an order under sub-
section (3B) of section 70 of the Accident Compensation (WorkCover
Insurance) Act 1993.
____________________________________________________________
RETENTION OF ORIGINAL BOOKS FOR CRIMINAL
PROCEEDINGS
G. BOOKS TO BE RETAINED FOR CRIMINAL
PROCEEDINGS (number each item):
If insufficient space, attach additional pages. No. of pages attached
H. ORDER FOR RETENTION FOR CRIMINAL PROCEEDINGS
Being satisfied, on application by the Victorian WorkCover Authority, that
there is reasonable ground to believe that the physical properties of the
abovementioned books, or of the contents of these books, are material
evidence in proposed criminal proceedings against—
Name of proposed
defendant(s)
I order that the Victorian WorkCover Authority is authorised to retain
possession of these books until the criminal proceedings are concluded.
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This Order is made under section 70(3B) of the Accident Compensation
(WorkCover Insurance) Act 1993.
Made at: place by:
signature
on: date
name
at: time Magistrate
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SCHEDULE 3
Regulation 13
AMOUNTS NOT REMUNERATION
Table
Column 1
Contract
Column 2
Percentage
Contract for architects 5 per cent of amount paid
Contract for draftspersons 5 per cent of amount paid
Contract for engineers` 5 per cent of amount paid
Contract for bricklayers 30 per cent of amount paid
Contract for building supervisors who
provide their own vehicles and are
required to supervise and inspect more
than 6 different building sites each
7 day period
25 per cent of amount paid
Contract for carpenters 25 per cent of amount paid
Contract for carpet layers 25 per cent of amount paid
Contract for computer programmers 5 per cent of amount paid
Contract for driving instructors who
provide their own vehicles
30 per cent of amount paid
Contract for fencing contractors 25 per cent of amount paid
Contract for painters 15 per cent of amount paid
Contract for resilient floor layers 37 per cent of amount paid
Contract for roof tilers or slaters 25 per cent of amount paid
Contract for tree fellers 25 per cent of amount paid
Contract for plasterers 20 per cent of amount paid
Contract for cabinet makers 25 per cent of amount paid
Contract for electricians 25 per cent of amount paid
Contract for plumbers 25 per cent of amount paid
__________________
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SCHEDULE 4
Regulation 21
TERMS AND CONDITIONS OF APPROVAL AS A
SELF-INSURER
1. Case estimating
The self-insurer must estimate its expected liability for each
new reported claim and record the possible recovery on each
claim.
All claims estimates must be reviewed periodically as
determined by the self-insurer but no less frequently than at
6 monthly intervals.
An estimate of expected claims liabilities must represent the
expected total net liabilities on the claims outstanding.
2. Claim form
A self-insurer must ensure that copies of the claim forms,
approved by the Authority under section 103 of the
Accident Compensation Act 1985, are kept at a place and
in a manner that is readily accessible at all reasonable times
to workers.
3. Document retention
All documents relating to a claim must be retained by the
self-insurer for as long as they may foreseeably need to be
accessed by the self-insurer, the Authority or another self-
insurer for the purposes of the Accident Compensation Act
1985 and must be retained in a form in which they are able
to be so accessed.
4. Recoveries
The self-insurer must reduce the total costs of a claim by
attempting to recover from a third party where a right of
recovery exists.
5. Common law
A self-insurer must annually advise the Authority of all
common law proceedings in relation to injuries in respect of
which compensation is payable under the Accident
Compensation Act 1985.
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A self-insurer must furnish to the Authority any additional
or revised information, in the form specified by the
Authority, related to any aspect of such common law
proceedings as may reasonably be requested.
6. Audit
A self-insurer is subject to field audits by persons authorised
by the Authority in regard to its adherence to the Accident
Compensation Act 1985, the Regulations and any terms
and conditions to which the self-insurer's approval is
subject.
For the purposes of an audit, self-insurers must furnish to
the Authority or a person authorised by the Authority, any
books or other information as may reasonably be required in
writing by the Authority.
7. Self-Audit Program
A self-insurer must participate in a Self-Audit Program
approved by the Authority.
A self-insurer must forward to the Authority at its head
office a copy of the findings of the approved Self-Audit
Program in the time specified by the Authority.
The findings are to be accompanied by a statement, signed
by at least one responsible officer of the self-insurer,
certifying that the conduct of the self-audit was in
accordance with the approved Self-Audit Program, that the
findings of the self-audit are true and correct and that
appropriate remedial action, if required, will occur.
For the purposes of this term and condition, a responsible
officer of the self-insurer is—
(a) if the self-insurer is a body corporate, a director or
member of the governing body of the self-insurer;
(b) if the self-insurer is a partnership, a director or
member of the governing body of one of the partners;
(c) if the self-insurer is MAV, the person occupying the
position, however styled, which is responsible for the
day to day operations of MAV.
8. Data requirements
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A self-insurer must provide data relating to any of its
activities as a self-insurer in the form and in respect of such
periods as are specified in writing by the Authority.
Such returns must be lodged with the Authority within
30 days of the expiry of the period in respect of which the
return is due.
Upon request in writing by the Authority, a self-insurer
must provide any additional information, as may reasonably
be required, concerning the means by which data about any
of its activities as a self-insurer is collected, collated, stored
or retrieved. Such additional information must be provided
to the Authority within 30 days of the request being
received by the self-insurer or such other period agreed
between the Authority and the self-insurer.
A self-insurer must modify existing practices, or introduce
new practices, for the collection, collation, storing, retrieval
and transfer of data to the extent necessary to provide the
data in the form required by the Authority.
9. Information
A self-insurer must furnish to the Authority or a person
authorised by the Authority any information relating to any
aspect of its activities as a self-insurer as may reasonably be
required in writing by the Authority.
Such information must be provided within 30 days of the
request being received by the self-insurer.
10. Duties of self-insurers for any agents used
If a self-insurer appoints a person to act as the self-insurer's
agent under section 143A of the Accident Compensation
Act 1985, the self-insurer must—
(a) take all reasonable measures to ensure that the agent
complies with all requirements of the Accident
Compensation Act 1985 and the Accident
Compensation Regulations 2001 applicable to the
functions undertaken by the agent; and
(b) ensure, so far as is reasonably possible, that the agent
provides the Authority or a person authorised by the
Authority, access to any records, data or other
information which concerns the agent's activity as an
agent of the self-insurer, for the purposes of any Self-
Audit Program or any audits undertaken by the
Authority.
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11. Immediate notification of certain events affecting self-insurer
If at any time the self-insurer is unable to pay any of its
debts as those debts fall due, the self-insurer must
immediately notify the Authority of that fact.
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SCHEDULE 5
FORMS
FORM 1
Regulation 14(a)
MEDICAL CERTIFICATE
Details of examiner:
Name: Telephone Number:
Address: Date:
I certify that on / / , I examined (Given name) (Family name)
of
He/she was suffering from
I consider that, by reason of this condition, he/she has no current work
capacity and is likely to continue indefinitely to have no current work
capacity.
Signature (Qualification)
_______________
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FORM 2
Regulation 14(b)
STATEMENT OF IDENTITY BY WORKER RESIDING
OUTSIDE AUSTRALIA
I, , state that I am the same person as formerly of
and that I continue to have the incapacity in respect of
which weekly payments are made, as certified by the attached medical
certificate provided in accordance with regulation 14 of the Accident
Compensation Regulations 2001.
My description is as follows:
Age:
Height:
Hair:
Eyes:
Signed:
Stated at Dated:
Before me
(Signature and description of person before whom statement is made)
_______________
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FORM 3
Regulation 15
ACCIDENT COMPENSATION REGULATIONS 2001
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_______________
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FORM 4
Regulation 23(3)
CONTRIBUTION BY SELF-INSURER TO WORKCOVER
AUTHORITY FUND
Section 33A Accident Compensation Act 1985
RETURN OF "RATEABLE REMUNERATION" FOR THE
YEAR ENDED 30 JUNE .
Name of Self-Insurer
Address
Estimated/Certified* amount of "rateable remuneration" paid or payable
by the self-insurer and each of its subsidiaries during the year ended
30 June .
$
Dated at on
Signed
(Print Name)
Position held by signatory
(*Delete whichever is not applicable)
—————————
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SCHEDULE 6
Regulation 4
REVOCATIONS
Name S.R. Number
Accident Compensation Regulations 1990 49/1990
Accident Compensation (Levy Rates and Bonus Fund)
Regulations 1990
126/1990
Accident Compensation (Amendment) Regulations 1991 121/1991
Accident Compensation (Application Form) Regulations
1991
126/1991
Accident Compensation (Revocation of Surcharge)
Regulations 1991
176/1991
Accident Compensation (Amendment) Regulations 1992 170/1992
Accident Compensation (Further Amendment) Regulations
1992
221/1992
Accident Compensation (WorkCover) Regulations 1992 318/1992
Accident Compensation (Amendment) Regulations 1993 122/1993
Accident Compensation (Medical Authority and
Settlements) Regulations 1993
166/1993
Accident Compensation (Prescribed Particulars)
Regulations 1996
155/1996
Accident Compensation (General Amendment) Regulations
1998
88/1998
Accident Compensation (Consequential Amendment)
Regulations 1999
8/1999
Accident Compensation (Self-Insurers' Contributions)
Regulations 1999
91/1999
Subordinate Legislation (Accident Compensation
Regulations 1990—Extension of Operation) Regulations
2000
19/2000
Accident Compensation (Amendment) Regulations 2000 102/2000
═══════════════
INDEX
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Subject Regulation
Accommodation allowance 12
Compensation
claim reports by employers 15, Sch. 5
payments to workers resident overseas 14, Sch. 5
reimbursement of employers 16
settlement of entitlement to 17
Contractors
amount of payments not considered remuneration 13, Sch. 3
Definitions
assessment remuneration 20
claims liabilities 19
provider numbers 6
Employers
compensation claim reports 15, Sch. 5
reimbursement for compensation payments 16
Certificates
issued by Authority regarding amounts paid 6
Fraud 5
Full-time workers
prescribed number of hours 9
Hours of work 9, 10
Insurance contracts
for injuries before 4 pm, 30 June 1993 18
of self-insurers regarding contingent liabilities 22
Regulations
authorising provision 2
commencement 3
objective 1
revocations 4, Sch. 6
Remuneration
amounts paid to contractors not considered as 13, Sch. 3
Revocations 4, Sch. 6
Search warrants 7–8, Sch. 1–2
Self-insurers
applications and assessment fee 20
approval 21, Sch. 4
contributions payable 23, Sch. 5
eligibility 19
insurance regarding contingent liabilities 22
returns 23, Sch. 5
Travelling allowance 11
Workers
full-time 9
hours of work 10
resident overseas 14, Sch. 5
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