Accident Compensation (General Amendment) Regulations 1998

i Accident Compensation (General Amendment) Regulations 1998 S.R. No. 88/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Amendment of regulation 1 2 6. Amendment of regulation 3 2 7. Revocation of regulations etc. 2 8. Amendment of regulation 12 2 9. Amendment of regulation 13 3 10. Regulations 14B and 14C inserted 3 14B. Form of warrant under section 240A of the Accident Compensation Act 1985 3 14C. Form of warrant under section 70 of the Accident Compensation (WorkCover Insurance) Act 1993 3 11. Amendment of regulation 17 3 12. Amendment of regulation 23 4 13. Amendment of regulation 25A 4 14. Amendment of regulation 27 4 15. Amendment of regulation 27A 4 16. Amendment of regulation 28 5 17. Substitution of regulation 29 5 29. Eligibility to apply for approval as a self-insurer 5 18. Amendment of Schedule 5 6 19. Amendment to Schedule 7 6 20. Schedules 8 and 9 inserted 7 SCHEDULE 8—Search warrant 8 SCHEDULE 9—Search warrant 14 ═══════════════ NOTES 20 -- 1 of 21 -- 1 STATUTORY RULES 1998 S.R. No. 88/1998 Accident Compensation Act 1985 Accident Compensation (WorkCover Insurance) Act 1993 Accident Compensation (General Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 7 July 1998 Responsible Minister: ROGER M. HALLAM Minister for Finance STACEY ROBERTSON Acting Clerk of the Executive Council 1. Objective The objectives of these Regulations are to— (a) prescribe a minimum requirement for consideration as a self-insurer under the Accident Compensation Act 1985; (b) make amendments to the Principal Regulations consequential to amendments to the Accident Compensation Act 1985; (c) prescribe the form of warrants for the purposes of section 240A of the Accident Compensation Act 1985 and section 70 of the Accident Compensation (WorkCover Insurance) Act 1993. 2. Authorising provisions -- 2 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 2 These Regulations are made under sections 141, 142B, 240A and 253 of the Accident Compensation Act 1985 and sections 70 and 72 of the Accident Compensation (WorkCover Insurance) Act 1993. 3. Commencement These Regulations come into operation on 13 July 1998. 4. Principal Regulations In these Regulations, the Accident Compensation Regulations 1990 1 are called the Principal Regulations. 5. Amendment of regulation 1 In regulation 1(2) of the Principal Regulations, after "the Act" insert "and section 72 of the Accident Compensation (WorkCover Insurance) Act 1993". 6. Amendment of regulation 3 In regulation 3 of the Principal Regulations, after "the Act", insert "and the Accident Compensation (WorkCover Insurance) Act 1993". 7. Revocation of regulations etc. In the Principal Regulations, regulations 10, 11, 14, 18(1), 18(2), 18(3), 19, 20, 21 and 24, Schedule 3, and Forms 4B, 7, 8, 9 and 10 in Schedule 7 are revoked. 8. Amendment of regulation 12 In regulation 12 of the Principal Regulations— (a) in the definitions of B and C, for "leviable" (wherever occurring) substitute "rateable"; -- 3 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 3 (b) in the definition of B, for "levy under the Act" substitute "the premium for a WorkCover insurance policy under the Accident Compensation (WorkCover Insurance) Act 1993". 9. Amendment of regulation 13 In regulation 13 of the Principal Regulations, after "the Authority" insert ", authorised insurers". 10. Regulations 14B and 14C inserted After regulation 14A of the Principal Regulations, insert— "14B. Form of warrant under section 240A of the Accident Compensation Act 1985 For the purposes of section 240A of the Act, the prescribed form of warrant is the form set out in Schedule 8. 14C. 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 9.". 11. Amendment of regulation 17 In regulation 17 of the Principal Regulations— (a) for "an incapacity which the Authority or self-insurer has determined under section 97(2) of the Act is likely to be of a permanent nature" substitute "satisfied the Authority, authorised insurer or self-insurer under section 97(2) of the Act that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity"; r. 9 -- 4 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 4 (b) in paragraph (c), after "Authority" insert ", authorised insurer". 12. Amendment of regulation 23 In regulation 23 of the Principal Regulations— (a) in sub-regulation (1), after "Authority" insert ", authorised insurer"; (b) in sub-regulation (2)— (i) after "Authority" (where first occurring) insert ", authorised insurer"; (ii) for "Authority" (where last occurring) substitute "Commission". 13. Amendment of regulation 25A In regulation 25A of the Principal Regulations— (a) for "121B(4)" substitute "114D(5)"; (b) for "certificate of incapacity in accordance with section 114" substitute "certificate of capacity in accordance with section 111". 14. Amendment of regulation 27 In regulation 27 of the Principal Regulations— (a) after "body corporate" insert "or MAV or a partnership"; (b) after "142(4)" insert ", or 142A(3) or 142C(3)". 15. Amendment of regulation 27A In Regulation 27A of the Principal Regulations— (a) in sub-regulation (1)— (i) omit "by a body corporate"; (ii) for paragraph (a) substitute— "(a) 0·03 per centum of the total remuneration paid or payable r. 12 -- 5 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 5 during the financial year preceding the financial year in which the application is made to workers employed by— (i) if the applicant is a body corporate that is not a holding company, that body corporate; (ii) if the applicant is a body corporate that is a holding company, that body corporate and each of its subsidiaries; (iii) if the applicant is MAV, by MAV and each of the local government corporations which, at the time of the application, are proposed to be participating corporations; and (iv) if the applicant is a partnership, by the partnership; or"; (b) in sub-regulation (2), omit "section 198 of the Act or". 16. Amendment of regulation 28 In regulation 28(4) of the Principal Regulations, for "Minister" substitute "Authority". 17. Substitution of regulation 29 For regulation 29 of the Principal Regulations substitute— '29. Eligibility to apply for approval as a self- insurer r. 16 -- 6 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 6 (1) Nothing in this regulation affects an application under section 141 or 142B of the Act made before the commencement of regulation 17 of the Accident Compensation (General Amendment) Regulations 1998. (2) For the purposes of sections 141(2) and 142B(3A) of the Act, 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. (3) For the purposes of sub-regulation (2), "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 Act 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.'. 18. Amendment of Schedule 5 In Schedule 5 to the Principal Regulations— (a) in item 2, for "for compensation prescribed by the Accident Compensation Regulations 1990" substitute "forms approved by the Authority under section 103 of the Act"; (b) in item 7, for "rehabilitation" (wherever occurring) insert "occupational rehabilitation". 19. Amendment to Schedule 7 In Schedule 7 to the Principal Regulations— r. 18 r. 19 -- 7 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 7 (a) in Form 1— (i) for ' "LEVIABLE REMUNERATION" ' substitute ' "RATEABLE REMUNERATION" '; (ii) for ' "leviable remuneration" ' substitute ' "rateable remuneration" '; (b) in Form 2, for "is unfit for work" substitute "has no current work capacity and is likely to continue indefinitely to have no current work capacity"; (c) in Form 3— (i) for "which the Victorian WorkCover Authority, authorised insurer or self- insurer determined is likely to be of a permanent nature" substitute "in respect of which weekly payments are made, as certified by the attached medical certificate provided in accordance with regulation 17 of the Accident Compensation Regulations 1990"; (ii) omit "and the nature of my incapacity"; (iii) omit "Nature of Incapacity". 20. Schedules 8 and 9 inserted After Schedule 7 to the Principal Regulations, insert— -- 8 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 8 SCHEDULE 8 Regulation 14B 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 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 r. 20 -- 9 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 9 (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. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 SEARCH ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– A. EXECUTION Warrant executed at am/pm on / / -OR- This Warrant is returned unexecuted because— r. 20 -- 10 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 10 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 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). I acknowledge that no damage has been caused to property in the execution of this Warrant. -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) r. 20 -- 11 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 11 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 r. 20 -- 12 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 12 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. r. 20 -- 13 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 13 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 __________________ r. 20 -- 14 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 14 SCHEDULE 9 Regulation 14C 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 r. 20 -- 15 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 15 (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 r. 20 -- 16 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 16 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. 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). I acknowledge that no damage has been caused to property in the execution of this Warrant. -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) r. 20 -- 17 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 17 WARNING TO PERSONS ON PREMISES (on Service Copy only) 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 r. 20 -- 18 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 18 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. r. 20 -- 19 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 19 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 ". ═══════════════ r. 20 -- 20 of 21 -- S.R. No. 88/1998 Accident Compensation (General Amendment) Regulations 1998 20 NOTES 1 Reg. 4: S.R. No. 49/1990. Reprinted (No. 1) and subsequently amended by S.R. No. 155/1996. Notes -- 21 of 21 --