Treasury and Finance Legislation Amendment Act 2018

Authorised by the Chief Parliamentary Counsel Authorised Version i Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 Part 2—Amendments to the Transport Accident Act 1986 3 Division 1—Amendments relating to definitions 3 3 Definitions 3 4 Surviving partner—periodical payments 3 Division 2—Amendments relating to pedal cycles 3 5 Circumstances in which a person is not entitled to compensation 3 6 Motor sport accidents excluded 4 7 Unregistered motor vehicle accidents on private land excluded 5 8 Uninsured motor vehicle accidents on private land 5 9 Transport accidents involving unidentified or unindemnified vehicles 6 Division 3—Further miscellaneous amendments 6 10 Definitions 6 11 Review—after first 18 months 6 12 Medical and like benefits 6 13 Indexation 7 14 New Division 4 of Part 3 inserted 8 15 Heading to Division 2A of Part 4 amended 8 16 New section 76B inserted 9 17 Actions for damages 9 18 Transitional provisions 10 Part 3—Amendments to the Occupational Health and Safety Act 2004 12 19 Duty of employers to consult 12 20 Service of provisional improvement notice or inspector's notice 15 21 Service of notices 15 22 Procedure if prosecution is not brought 15 -- 1 of 41 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 4—Amendments to the Dangerous Goods Act 1985 18 23 Power to require production of documents etc. 18 24 Service of directions and notices 18 25 New Part VIA inserted 19 26 Procedure if prosecution is not brought 22 27 Governor in Council may make Order with respect to dangerous goods 24 Part 5—Amendments to the Equipment (Public Safety) Act 1994 25 28 Power to require production of documents etc. 25 29 Service of notices 25 30 Procedure if prosecution is not brought 26 Part 6—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 29 31 Powers in relation to obtaining information 29 32 Issue of Return to Work improvement notice 29 33 Compensation not payable after death of worker 30 34 Definitions 31 35 Liability of Authority and self-insurer 31 36 Provisional payments 31 37 Indexation of certain amounts—consumer price index 32 38 Transitional provision 32 Part 7—Amendments to the Accident Compensation Act 1985 33 39 Provisional payment 33 40 Compensation for non-economic loss 33 41 Definitions 34 42 Transitional provision 34 Part 8—Amendments to the Emergency Services Superannuation Act 1986 35 43 New Part 4AD inserted 35 Part 9—Repeal of amending Act 38 44 Repeal of amending Act 38 ═════════════ Endnotes 39 1 General information 39 -- 2 of 41 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Treasury and Finance Legislation Amendment Act 2018 † No. 49 of 2018 [Assented to 25 September 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to amend— (a) the Transport Accident Act 1986; and (b) the Occupational Health and Safety Act 2004; and (c) the Dangerous Goods Act 1985; and Victoria -- 3 of 41 -- Part 1—Preliminary Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 2 Authorised by the Chief Parliamentary Counsel (d) the Equipment (Public Safety) Act 1994; and (e) the Workplace Injury Rehabilitation and Compensation Act 2013; and (f) the Accident Compensation Act 1985; and (g) the Emergency Services Superannuation Act 1986— to further improve the operation of those Acts. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. -- 4 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments to the Transport Accident Act 1986 Division 1—Amendments relating to definitions 3 Definitions (1) In section 3(1) of the Transport Accident Act 1986— (a) in paragraph (b) of the definition of dependent child, after "full-time student" insert "or an apprentice"; (b) in the definition of member of the immediate family, after "parent," insert "grandparent,". (2) For section 3(1A)(b) of the Transport Accident Act 1986 substitute— "(b) involving a collision that occurred— (i) between a pedal cycle and a stationary motor vehicle; or (ii) between a pedal cycle and an open or opening door of a motor vehicle;". 4 Surviving partner—periodical payments In section 58(6) of the Transport Accident Act 1986, in paragraph (b)(ii) of the definition of dependent child, after "full-time student" insert "or an apprentice". Division 2—Amendments relating to pedal cycles 5 Circumstances in which a person is not entitled to compensation (1) In section 39(1)(a) of the Transport Accident Act 1986, after "motor vehicle" insert "or pedal cycle". (2) In section 39(1)(a)(i) of the Transport Accident Act 1986, after "section 61" insert "or 61A". -- 5 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 4 Authorised by the Chief Parliamentary Counsel 6 Motor sport accidents excluded (1) Insert the following heading to section 41 of the Transport Accident Act 1986— "Sport accidents excluded". (2) In section 41(1) of the Transport Accident Act 1986— (a) after "motor vehicles" insert ", or a pedal cycle or pedal cycles"; (b) for "organized motor vehicle race" substitute "organised race"; (c) in paragraph (a), after "motor vehicle" insert "or the rider of such a pedal cycle". (3) In section 41(1A) of the Transport Accident Act 1986, for "organised motor vehicle race" substitute "organised race". (4) After section 41(1A) of the Transport Accident Act 1986 insert— "(1B) Despite anything to the contrary in subsection (1), the Commission is liable to pay compensation in accordance with this Act to a person— (a) who is riding a pedal cycle as part of, or in a test in preparation for, an organised race or speed trial; and (b) the person is injured or dies as a result of a transport accident involving the driving of an unauthorised vehicle. (1C) In subsection (1B), unauthorised vehicle means a vehicle that is not participating in the organised race or speed trial.". -- 6 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 5 Authorised by the Chief Parliamentary Counsel (5) For section 41(2) of the Transport Accident Act 1986 substitute— "(2) In this section, speed trial means an organised motor vehicle or pedal cycle event, or any part of such an event, that is a competitive test of speed an object of which is, or requires for its attainment, the travelling over a distance in the shortest possible time, but does not include an event, or any part of an event, in which it is a condition of participation that participants comply with all applicable road laws.". 7 Unregistered motor vehicle accidents on private land excluded After section 41A(2) of the Transport Accident Act 1986 insert— "(3) Despite anything to the contrary in subsection (1), the Commission is not liable to pay compensation in respect of a person who is injured or dies as a result of a transport accident involving a pedal cycle and an unregistered motor vehicle on private land.". 8 Uninsured motor vehicle accidents on private land After section 41B(2) of the Transport Accident Act 1986 insert— "(3) Despite anything to the contrary in subsection (1), the Commission is not liable to pay compensation in respect of a person who is injured or dies as a result of a transport accident involving a pedal cycle and an uninsured motor vehicle on private land, in circumstances where the person is the owner of the motor vehicle.". -- 7 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 6 Authorised by the Chief Parliamentary Counsel 9 Transport accidents involving unidentified or unindemnified vehicles (1) In section 96(1) of the Transport Accident Act 1986, after "unindemnified vehicle," insert "or a collision between a pedal cycle and a stationary unidentified or unindemnified vehicle,". (2) In section 96(2) of the Transport Accident Act 1986, after "unidentified vehicle" insert ", or a collision between a pedal cycle and a stationary unidentified vehicle,". Division 3—Further miscellaneous amendments 10 Definitions In section 3(1) of the Transport Accident Act 1986 insert the following definitions— "administration order has the same meaning as it has in the Guardianship and Administration Act 1986; administrator has the same meaning as it has in the Guardianship and Administration Act 1986;". 11 Review—after first 18 months In section 55(2)(b) of the Transport Accident Act 1986, for "must" substitute "may". 12 Medical and like benefits (1) After section 60(2) of the Transport Accident Act 1986 insert— "(2AAA) If a person is— (a) entitled to compensation under subsection (2)(b); and (b) a worker based in Australia who is travelling for the purpose of the worker's employment— -- 8 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 7 Authorised by the Chief Parliamentary Counsel the person is entitled to compensation under subsection (2)(b) for a period of not more than 4 weeks in any year, in addition to the 8-week period set out in subsection (2)(b).". (2) After section 60(2C) of the Transport Accident Act 1986 insert— "(2CA) If a parent of a dependent child injured and admitted to hospital as a result of a transport accident incurs a loss of wages by reason of visiting the dependent child in the hospital, the Commission is, subject to this Act, liable to pay as compensation, payments not exceeding $10 000. (2CB) The Commission is not liable to pay compensation under this section in respect of the first 5 days of loss of wages. (2CC) With respect to subsection (2CA), the Commission must not make a contribution in respect of a day that exceeds one-fifth of the current amount specified in section 44(3)(a). (2CD) If, by reason of subsection (2CB), the Commission is not liable to make a payment to a parent in respect of loss of wages, the Commission may make such a payment if it is satisfied that the parent would suffer acute financial hardship if a payment were not made.". (3) In section 60(2E) of the Transport Accident Act 1986, for "$10 000" substitute "$20 000". 13 Indexation In section 61(2) of the Transport Accident Act 1986, after "$30 520," insert "$20 000,". -- 9 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 8 Authorised by the Chief Parliamentary Counsel 14 New Division 4 of Part 3 inserted After Division 3 of Part 3 of the Transport Accident Act 1986 insert— "Division 4—Professional administration costs 62A Professional administration costs The Commission is liable to pay professional administration costs in circumstances where— (a) a person is injured as a result of a transport accident; and (b) by reason of such injury the person is entitled to compensation under this Part; and (c) an administration order is or has been made in respect of the person; and (d) the administrator carries on a business of, or including, the administration of estates; and (e) by reason of the order, compensation is paid to the administrator on behalf of the person; and (f) the administrator incurs professional administration costs in respect of the compensation referred to in paragraph (e).". 15 Heading to Division 2A of Part 4 amended For the heading to Division 2A of Part 4 of the Transport Accident Act 1986 substitute— "Division 2A—Private health insurers and administrators". -- 10 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 9 Authorised by the Chief Parliamentary Counsel 16 New section 76B inserted After section 76A of the Transport Accident Act 1986 insert— "76B Commission may pay professional administration costs to administrator (1) An administrator who carries on a business of, or including, the administration of estates may apply to the Commission to be paid in respect of the administrator's professional administration costs as referred to in section 62A, as approved by VCAT or a court, or a tribunal or court of the Commonwealth, another State or a Territory, in respect of compensation paid under Part 3. (2) This section continues to apply in respect of a person who is injured as a result of a transport accident unless the person has recovered damages and the amount of damages included an amount in respect of professional administration costs.". 17 Actions for damages After section 93(10)(b) of the Transport Accident Act 1986 insert— "(ba) any loss suffered or that may be suffered as a result of the incurring of professional administration costs, as referred to in section 62A;". -- 11 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 10 Authorised by the Chief Parliamentary Counsel 18 Transitional provisions After Division 12 of Part 11 of the Transport Accident Act 1986 insert— "Division 13—Treasury and Finance Legislation Amendment Act 2018 233 Amendment of section (1) In this Division— amending Act means the Treasury and Finance Legislation Amendment Act 2018; commencement date means the day on which the amending Act comes into operation. (2) This Act, as amended by sections 3(1), 4, 5 6, 9(2), 12(2) and 17 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. (3) Subject to subsection (4), this Act, as amended by sections 3(2), 7, 8 and 9(1) of the amending Act, applies in respect of a collision between a pedal cyclist and stationary motor vehicle that occurred on or after 9 July 2014. (4) Section 68(2) applies in respect of a collision between a pedal cyclist and stationary motor vehicle that occurred between 9 July 2014 and the commencement date as if the transport accident occurred on the commencement date. (5) This Act, as amended by section 11 of the amending Act, applies in respect of a claim for weekly payments under section 49, 50 or 51, regardless of when the transport accident occurred. -- 12 of 41 -- Part 2—Amendments to the Transport Accident Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 11 Authorised by the Chief Parliamentary Counsel (6) This Act, as amended by section 12(1) of the amending Act, applies to a request for compensation made under section 60(2)(b) after the commencement date, regardless of when the transport accident occurred. (7) This Act, as amended by section 12(3) of the amending Act, applies in respect of a claim for compensation made under section 60(2E) on or after the commencement date. (8) This Act, as amended by sections 10, 14 and 16 of the amending Act, applies in respect of requests for payment of costs incurred after the commencement date, regardless of when the transport accident occurred.". -- 13 of 41 -- Part 3—Amendments to the Occupational Health and Safety Act 2004 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 12 Authorised by the Chief Parliamentary Counsel Part 3—Amendments to the Occupational Health and Safety Act 2004 19 Duty of employers to consult For sections 35 and 36 of the Occupational Health and Safety Act 2004 substitute— "35 Duty of employers to consult with employees (1) When doing any of the following things, an employer must so far as is reasonably practicable consult in accordance with this section with the employees of the employer who are or are likely to be directly affected by the employer doing that thing— (a) identifying or assessing hazards or risks to health or safety at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer; (b) making decisions about the measures to be taken to control risks to health or safety at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer; (c) making decisions about the adequacy of facilities for the welfare of employees of the employer; (d) making decisions about the procedures for any of the following— (i) resolving health or safety issues at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer; -- 14 of 41 -- Part 3—Amendments to the Occupational Health and Safety Act 2004 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 13 Authorised by the Chief Parliamentary Counsel (ii) consulting with employees of the employer in accordance with this section; (iii) monitoring the health of employees of the employer and the conditions at any workplace under the employer's management and control; (iv) providing information and training to employees of the employer; (e) determining the membership of any health and safety committee; (f) proposing changes, that may affect the health or safety of employees of the employer, to any of the following— (i) a workplace under the employer's management and control; (ii) the plant, substances or other things used at such a workplace; (iii) the conduct of the work performed at such a workplace; (g) any other thing prescribed by the regulations for the purposes of this subsection. (2) For the purposes of subsection (1)— (a) a reference to an employee of an employer includes a reference to an independent contractor engaged by the employer and any employees of the independent contractor; and (b) the duties of an employer under that subsection extend to an independent contractor engaged by the employer, and any employees of the independent -- 15 of 41 -- Part 3—Amendments to the Occupational Health and Safety Act 2004 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 14 Authorised by the Chief Parliamentary Counsel contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control. (3) An employer who is required to consult with employees under subsection (1) must do so by— (a) sharing with the employees information about the matter on which the employer is required to consult; and (b) giving the employees a reasonable opportunity to express their views about the matter; and (c) taking into account those views. (4) If the employees are represented by a health and safety representative, the consultation must involve that representative (with or without the involvement of the employees directly). (5) Subject to subsections (3) and (4), if the employer and the employees have agreed to procedures for undertaking consultations, the consultation must be undertaken in accordance with those procedures. (6) An employer who contravenes this section is guilty of an offence. Penalty: In the case of a natural person, 180 penalty units; In the case of a body corporate, 900 penalty units.". -- 16 of 41 -- Part 3—Amendments to the Occupational Health and Safety Act 2004 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 15 Authorised by the Chief Parliamentary Counsel 20 Service of provisional improvement notice or inspector's notice (1) In section 64(3) of the Occupational Health and Safety Act 2004, for "This section" substitute 'Subject to subsection (4), this section". (2) After section 64(3) of the Occupational Health and Safety Act 2004 insert— "(4) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.". 21 Service of notices (1) In section 115(1B) of the Occupational Health and Safety Act 2004, for "This section" substitute "Subject to subsection (1C), this section". (2) After section 115(1B) of the Occupational Health and Safety Act 2004 insert— "(1C) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.". 22 Procedure if prosecution is not brought (1) In section 131(2) of the Occupational Health and Safety Act 2004— (a) for "Within" substitute "If the offence the subject of a request under subsection (1) is a summary offence, within"; (b) after "will not be brought" insert ", unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence". -- 17 of 41 -- Part 3—Amendments to the Occupational Health and Safety Act 2004 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 16 Authorised by the Chief Parliamentary Counsel (2) After section 131(2) of the Occupational Health and Safety Act 2004 insert— "(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that— (a) the Authority's investigation of the matter is complete, and— (i) that a prosecution will be brought; or (ii) give reasons why a prosecution will not be brought; or (b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed. (2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation. (2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.". (3) In section 131(3) of the Occupational Health and Safety Act 2004, after "be brought," insert "or that it has not brought a prosecution within 9 months after receiving the request,". (4) In section 131(6) of the Occupational Health and Safety Act 2004— (a) in paragraph (b), after "subsection (2)(b)" insert "or (2A)(a)"; -- 18 of 41 -- Part 3—Amendments to the Occupational Health and Safety Act 2004 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 17 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and (bb) the number of times the Authority failed to report in accordance with subsection (2A) to a person making a request under subsection (1) and any reasons for such failure; and". (5) After section 131(6) of the Occupational Health and Safety Act 2004 insert— "(7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister.". -- 19 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 18 Authorised by the Chief Parliamentary Counsel Part 4—Amendments to the Dangerous Goods Act 1985 23 Power to require production of documents etc. (1) In the heading to section 13C of the Dangerous Goods Act 1985, for "etc." substitute "and answers to questions". (2) In section 13C(1) of the Dangerous Goods Act 1985, after "may" insert "do any or all of the following". (3) In section 13C(1)(a) of the Dangerous Goods Act 1985 omit "located at the place that is in the person's possession or control". (4) After section 13C(4) of the Dangerous Goods Act 1985 insert— "(5) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.". 24 Service of directions and notices (1) After section 17G(1)(a) of the Dangerous Goods Act 1985 insert— "(ab) by sending it by electronic communication to the person at the person's usual or last known electronic address; or (ac) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or". -- 20 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 19 Authorised by the Chief Parliamentary Counsel (2) After section 17G(1) of the Dangerous Goods Act 1985 insert— "(1A) Subject to subsection (1B), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984, the Electronic Transactions (Victoria) Act 2000 and sections 109X and 601CX of the Corporations Act. (1B) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.". 25 New Part VIA inserted After Part VI of the Dangerous Goods Act 1985 insert— "Part VIA—Asbestos removal and control 39A Definitions In this Part— asbestos has the same meaning as it has in section 55; management plan means a plan for the management of risks associated with retaining asbestos on a property that complies with section 39F; property includes a building, structure, ship, plant, aircraft or vehicle; removal plan means a plan for the removal of asbestos that complies with section 39D; structure means any construction, including a bridge, tunnel, shaft, dam, pipe or access pit, or any part of a construction, -- 21 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 20 Authorised by the Chief Parliamentary Counsel but does not include a building, ship or plant. 39B Application of Part This Part applies to property that contains asbestos that was installed on the property on or after 1 January 2004. 39C Authority to be notified of asbestos installed on or after 1 January 2004 (1) Subject to subsection (2), the person who has management or control of the property must notify the Authority as soon as is practicable after becoming aware— (a) that the property contains asbestos; and (b) that the asbestos was installed on the property on or after 1 January 2004. (2) The person is not required to notify the Authority if— (a) the person first becomes aware that the property contains asbestos by being informed by the Authority; or (b) the property is a domestic premises used solely for domestic purposes. 39D Manager or controller to agree to a removal plan or management plan Within 60 days after giving a notification under section 39C, or being informed by the Authority that a property contains asbestos (or such later time as determined by the Authority), the person who has management or control of the property must enter into an agreement with the Authority— (a) to remove the asbestos in accordance with a removal plan approved by the Authority; or -- 22 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 21 Authorised by the Chief Parliamentary Counsel (b) to manage the risks associated with retaining the asbestos on the property in accordance with a management plan approved by the Authority. Penalty: In the case of a natural person, 500 penalty units; In the case of a body corporate, 2500 penalty units. 39E Removal plan must specify time for removal of asbestos (1) Without limiting the matters that a removal plan may specify, a removal plan must specify a time by which the asbestos will be removed. (2) A person who has entered into an agreement to remove asbestos in accordance with an approved removal plan must comply with the removal plan. Penalty: In the case of a natural person, 500 penalty units; In the case of a body corporate, 2500 penalty units. 39F Management plans (1) The Authority must not approve a management plan unless it is satisfied— (a) that it is not reasonably practicable to remove the asbestos; and (b) that the measures set out in the management plan would result in a level of health and safety equal to or greater than that which would be achieved by removing the asbestos. -- 23 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 22 Authorised by the Chief Parliamentary Counsel (2) When satisfying itself of whether it is reasonably practicable to remove asbestos, the Authority must consider— (a) the likelihood of exposure to the asbestos occurring; and (b) the degree of harm that would result if exposure to the asbestos did occur; and (c) the availability and suitability of ways to remove the asbestos; and (d) the cost of removing the asbestos. (3) Without limiting the matters which may be included in a management plan, a management plan may specify a timeframe for review of the management plan, or circumstances which may result in a review of the management plan. (4) A person who has entered into an agreement to manage asbestos in accordance with an approved management plan must comply with the management plan. Penalty: In the case of a natural person, 500 penalty units; In the case of a body corporate, 2500 penalty units.". 26 Procedure if prosecution is not brought (1) In section 40A(2) of the Dangerous Goods Act 1985— (a) for "Within" substitute "If the offence the subject of a request under subsection (1) is a summary offence, within"; (b) after "will not be brought" insert ", unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence". -- 24 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 23 Authorised by the Chief Parliamentary Counsel (2) After section 40A(2) of the Dangerous Goods Act 1985 insert— "(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that— (a) the Authority's investigation of the matter is complete, and— (i) that a prosecution will be brought; or (ii) give reasons why a prosecution will not be brought; or (b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed. (2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation. (2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.". (3) In section 40A(3) of the Dangerous Goods Act 1985, after "be brought," insert "or that it has not brought a prosecution within 9 months after receiving the request,". (4) In section 40A(6) of the Dangerous Goods Act 1985— (a) in paragraph (b), after "subsection (2)(b)" insert "or (2A)(a)(ii)"; -- 25 of 41 -- Part 4—Amendments to the Dangerous Goods Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 24 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and (bb) the number of times the Authority failed to respond or report, within the times set out in this section, to a person making a request under subsection (1) and any reasons for such failure; and". (5) After section 40A(6) of the Dangerous Goods Act 1985 insert— "(7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister.". 27 Governor in Council may make Order with respect to dangerous goods In section 55(1C) of the Dangerous Goods Act 1985, in the definition of asbestos, insert the following at the foot of the definition— "Note The mineral silicates set out in paragraph (a)(i), (ii), (v) and (vi) use the same name for both the asbestiform and non-asbestiform varieties. The word "asbestos" has been included here to emphasise that only the asbestiform habit of these minerals is regulated as asbestos by this Act.". -- 26 of 41 -- Part 5—Amendments to the Equipment (Public Safety) Act 1994 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 25 Authorised by the Chief Parliamentary Counsel Part 5—Amendments to the Equipment (Public Safety) Act 1994 28 Power to require production of documents etc. (1) In the heading to section 14B of the Equipment (Public Safety) Act 1994, for "etc." substitute "and answers to questions". (2) In section 14B(1) of the Equipment (Public Safety) Act 1994, after "may" insert "do any or all of the following". (3) In section 14B(1)(a) of the Equipment (Public Safety) Act 1994 omit "located at the place that is in the person's possession or control". (4) After section 14B(4) of the Equipment (Public Safety) Act 1994 insert— "(5) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.". 29 Service of notices (1) After section 19E(1)(a) of the Equipment (Public Safety) Act 1994 insert— "(ab) by sending it by electronic communication to the person at the person's usual or last known electronic address; or (ac) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or". -- 27 of 41 -- Part 5—Amendments to the Equipment (Public Safety) Act 1994 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 26 Authorised by the Chief Parliamentary Counsel (2) After section 19E(1) of the Equipment (Public Safety) Act 1994 insert— "(1A) Subject to subsection (1B), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984, the Electronic Transactions (Victoria) Act 2000 and sections 109X and 601CX of the Corporations Act. (1B) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.". 30 Procedure if prosecution is not brought (1) In section 28A(2) of the Equipment (Public Safety) Act 1994— (a) for "Within" substitute "If the offence the subject of a request under subsection (1) is a summary offence, within"; (b) after "will not be brought" insert ", unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence". (2) After section 28A(2) of the Equipment (Public Safety) Act 1994 insert— "(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that— (a) the Authority's investigation of the matter is complete, and— (i) that a prosecution will be brought; or -- 28 of 41 -- Part 5—Amendments to the Equipment (Public Safety) Act 1994 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 27 Authorised by the Chief Parliamentary Counsel (ii) give reasons why a prosecution will not be brought; or (b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed. (2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation. (2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.". (3) In section 28A(3) of the Equipment (Public Safety) Act 1994, after "be brought," insert "or that it has not brought a prosecution within 9 months after receiving the request,". (4) In section 28A(6) of the Equipment (Public Safety) Act 1994— (a) in paragraph (b), after "subsection (2)(b)" insert "or (2A)(a)(ii)"; (b) after paragraph (b) insert— "(ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and (bb) the number of times the Authority failed to respond or report, within the times set out in this section, to a person making a request under subsection (1) and any reasons for such failure; and". -- 29 of 41 -- Part 5—Amendments to the Equipment (Public Safety) Act 1994 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 28 Authorised by the Chief Parliamentary Counsel (5) After section 28A(6) of the Equipment (Public Safety) Act 1994 insert— "(7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister.". -- 30 of 41 -- Part 6—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 29 Authorised by the Chief Parliamentary Counsel Part 6—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 31 Powers in relation to obtaining information (1) For the heading to section 134 of the Workplace Injury Rehabilitation and Compensation Act 2013 substitute— "Power to require production of documents and answers to questions". (2) In section 134(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "may" insert "do any or all of the following". (3) In section 134(1)(a) of the Workplace Injury Rehabilitation and Compensation Act 2013 omit "that is in the person's possession or control". (4) After section 134(4) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(5) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.". 32 Issue of Return to Work improvement notice (1) After section 139(1)(a) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(ab) by sending it by electronic communication to the employer at the employer's usual or last known electronic address; or -- 31 of 41 -- Part 6—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 30 Authorised by the Chief Parliamentary Counsel (ac) if the employer is registered under section 434, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or". (2) After section 139(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(1A) Subject to subsection (1B), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984, the Electronic Transactions (Victoria) Act 2000 and sections 109X and 601CX of the Corporations Act. (1B) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.". 33 Compensation not payable after death of worker (1) In the heading to section 218 of the Workplace Injury Rehabilitation and Compensation Act 2013, after "worker" insert "except in limited circumstances". (2) In section 218 of the Workplace Injury Rehabilitation and Compensation Act 2013, for "Compensation" substitute "Except as provided in this section, compensation". (3) At the foot of section 218 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(2) If— (a) a worker suffers an injury which entitled the worker to compensation under this Division; and -- 32 of 41 -- Part 6—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 31 Authorised by the Chief Parliamentary Counsel (b) the worker has made a claim for compensation under Division 4 of this Part; and (c) the worker has received the decision of the Authority or self-insurer in relation to liability for the claim, or liability for the claim has been determined by a court; and (d) the worker has received an assessment or assessments in accordance with Division 4 of Part 2 as to the degree of impairment (if any) resulting from the injury; and (e) the most recent assessment determines the worker has a degree of impairment that entitles the worker to compensation under this Division; and (f) the worker dies before the compensation is fully paid— any unpaid compensation is payable to the worker's estate.". 34 Definitions In section 223(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, in the definition of family member, after "parent," insert "grandparent,". 35 Liability of Authority and self-insurer In section 224(1)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "$5000" substitute "$20 000". 36 Provisional payments (1) In section 243(1)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "section 223(2)." substitute "section 223(2);". -- 33 of 41 -- Part 6—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 32 Authorised by the Chief Parliamentary Counsel (2) After section 243(1)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(e) reasonable travelling or accommodation expenses that may be payable under section 224(1)(e) up to the maximum prescribed in that section.". 37 Indexation of certain amounts—consumer price index In the table at the foot of section 545 of the Workplace Injury Rehabilitation and Compensation Act 2013, in column 2 corresponding to item 25A, for "$5000" substitute "$20 000". 38 Transitional provision At the end of Part 13 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "623L Transitional provision—Treasury and Finance Legislation Amendment Act 2018 This Act, as amended by sections 33 and 35 of the Treasury and Finance Legislation Amendment Act 2018, applies in respect of a claim made on or after the date on which that Act has come into operation, regardless of when the injury occurred.". -- 34 of 41 -- Part 7—Amendments to the Accident Compensation Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 33 Authorised by the Chief Parliamentary Counsel Part 7—Amendments to the Accident Compensation Act 1985 39 Provisional payment (1) In section 92D(1)(d) of the Accident Compensation Act 1985, for "section 99AAA(2)." substitute "section 99AAA(2);". (2) After section 92D(1)(d) of the Accident Compensation Act 1985 insert— "(e) reasonable travelling or accommodation expenses that may be payable under section 99(1)(d) up to the maximum prescribed in that section.". 40 Compensation for non-economic loss (1) In section 98C(10) of the Accident Compensation Act 1985, for "Compensation" substitute "Except as provided in subsection (10A), compensation". (2) After section 98C(10) of the Accident Compensation Act 1985 insert— "(10A) If— (a) a worker suffers an injury which entitled the worker to compensation under this Division; and (b) the worker has made a claim for compensation under this section; and (c) the worker has received the decision of the Authority or self-insurer in relation to liability for the claim, or liability for the claim has been determined by a court; and (d) the worker has received an assessment or assessments in accordance with section 91 as to the degree of -- 35 of 41 -- Part 7—Amendments to the Accident Compensation Act 1985 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 34 Authorised by the Chief Parliamentary Counsel impairment (if any) resulting from the injury; and (e) the most recent assessment determines the worker has a degree of impairment that entitles the worker to compensation under this section or section 98E; and (f) the worker dies before the compensation is fully paid— any unpaid compensation is payable to the worker's estate.". 41 Definitions In section 99AAA(1) of the Accident Compensation Act 1985, in the definition of family member, after "parent," insert "grandparent,". 42 Transitional provision After Division 16 of Part IX of the Accident Compensation Act 1985 insert— "Division 17—Treasury and Finance Legislation Amendment Act 2018 394 Treasury and Finance Legislation Amendment Act 2018 This Act, as amended by sections 40 and 41 of the Treasury and Finance Legislation Amendment Act 2018, applies to a claim made on or after the date on which that Act has come into operation, regardless of when the injury occurred.". -- 36 of 41 -- Part 8—Amendments to the Emergency Services Superannuation Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 35 Authorised by the Chief Parliamentary Counsel Part 8—Amendments to the Emergency Services Superannuation Act 1986 43 New Part 4AD inserted After Part 4AC of the Emergency Services Superannuation Act 1986 insert— "Part 4AD—Transfer of the Port of Melbourne Superannuation Fund 22DU Definitions In this Part— appointed day means the day appointed under section 22DV; Port Fund means the Port of Melbourne Superannuation Fund as in operation immediately before the appointed day; Port Fund trust deed means the declaration of trust in relation to the Port Fund with effect on and from 30 June 1997, as amended from time to time; Trustee means the Trustee under the Port Fund trust deed. 22DV Appointed day (1) The Minister, by notice published in the Government Gazette, may appoint a day for the purposes of this Part. (2) Subject to subsection (3), the appointed day must be a day on or after the day on which the Board and the Trustee advise the Minister in writing that all the preconditions for the transfer of the Port Fund to the Scheme have been met. -- 37 of 41 -- Part 8—Amendments to the Emergency Services Superannuation Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 36 Authorised by the Chief Parliamentary Counsel (3) If the Board and the Trustee advise the Minister under subsection (2) on different days, the appointed day must be a day on or after the later of those days. 22DW Transfer of assets and liabilities of the Port Fund (1) On the appointed day, the assets and liabilities of the Port Fund are by virtue of this section transferred to the Scheme and form part of the Scheme. (2) On and after the appointed day— (a) contributions and any other money received or recovered by the Board under the Port Fund trust deed are to be paid into the Scheme; and (b) the benefits provided for in the Port Fund trust deed are to be paid out of the Scheme; and (c) the costs of administering the Port Fund trust deed are to be paid out of the Scheme. (3) The transfer effected by this section does not affect the benefits and entitlements conferred, or the duties and obligations imposed, under the Port Fund trust deed. 22DX Board is Trustee (1) On and after the appointed day, any reference in the Port Fund trust deed or any Act (other than this Act), regulation, subordinate instrument or other document to the Trustee is to be construed as a reference to the Board— (a) so far as the reference relates to any period on or after that day; and -- 38 of 41 -- Part 8—Amendments to the Emergency Services Superannuation Act 1986 Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 37 Authorised by the Chief Parliamentary Counsel (b) if not inconsistent with the subject matter. (2) On the appointed day, the Board is substituted as a party to— (a) any proceeding pending in any court or tribunal in respect of the Port Fund to which the Trustee was a party immediately before that day; and (b) any arrangement or contract entered into in respect of the Port Fund by the Trustee that was in force immediately before that day. 22DY References to governing instrument In this Act, a reference to a governing instrument, or the governing instrument of an administered scheme, includes a reference to the Port Fund trust deed. 22DZ Exemption from stamp duty or other tax No stamp duty or other tax is payable under any Act in respect of anything done under this Part. 22DZA Transitional provision—Registrar of Titles The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part.". -- 39 of 41 -- Part 9—Repeal of amending Act Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 38 Authorised by the Chief Parliamentary Counsel Part 9—Repeal of amending Act 44 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this amending Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 40 of 41 -- Endnotes Treasury and Finance Legislation Amendment Act 2018 No. 49 of 2018 39 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 7 June 2018 Legislative Council: 7 September 2018 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Accident Act 1986, the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, the Workplace Injury Rehabilitation and Compensation Act 2013, the Accident Compensation Act 1985 and the Emergency Services Superannuation Act 1986 to further improve the operation of those Acts and for other purposes." -- 41 of 41 --