Worksafe Legislation Amendment Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 Part 2—Amendments to the Accident Compensation Act 1985 3 3 Liability of Authority and self-insurer 3 4 Indexation of certain amounts—consumer price index 3 5 Actions for damages 4 6 New Division 16 of Part IX inserted 4 Part 3—Amendments to the Dangerous Goods Act 1985 6 7 Definitions 6 8 Governor in Council may make Order with respect to dangerous goods 6 Part 4—Amendments to the Occupational Health and Safety Act 2004 9 9 Act binds the Crown 9 10 Authority may accept undertakings 9 11 Incidents to which this Part applies 9 12 Duty to notify of incidents 10 13 Duty to preserve incident sites 11 14 Service of provisional improvement notice or inspector's notice 12 15 Prohibition on discrimination 13 16 Prohibited reasons 13 17 Revocation and disqualification 13 18 Power to require production of documents etc. 13 19 Service of notices 14 20 Proceedings may be brought by the Authority or inspectors 15 21 Procedure if prosecution is not brought 15 22 Limitation period for prosecutions 15 23 Release on the giving of a health and safety undertaking 16 24 Liability of officers of partnerships and unincorporated bodies or associations 17 25 Offence to give false or misleading information 17 26 New Part 15 inserted 17 -- 1 of 30 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 20 27 Assessing degree of impairment of whole person 20 28 Part not to apply in certain circumstances 20 29 Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay 20 30 Liability of Authority and self-insurer 20 31 Certain persons not compelled to give evidence 22 32 Review of approval 22 33 Eligible subsidiary of self-insurer becomes a non-WorkCover employer 22 34 Authority retains or assumes liability for tail claims 23 35 Functions of the Authority 24 36 Delegation 24 37 Indexation of certain amounts—consumer price index 24 38 Criminal liability of officers of bodies corporate—failure to exercise due diligence 24 39 Institution of prosecutions 25 40 New sections 623G, 623H, 623I and 623J inserted 25 Part 6—Repeal of amending Act 27 41 Repeal of amending Act 27 ═══════════════ Endnotes 28 1 General information 28 -- 2 of 30 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 WorkSafe Legislation Amendment Act 2017 † No. 48 of 2017 [Assented to 26 September 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to amend— (a) the Accident Compensation Act 1985; and (b) the Dangerous Goods Act 1985; and (c) the Occupational Health and Safety Act 2004; and Victoria -- 3 of 30 -- Part 1—Preliminary WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 2 Authorised by the Chief Parliamentary Counsel (d) the Workplace Injury Rehabilitation and Compensation Act 2013— to further improve the operation of those Acts. 2 Commencement (1) This Part, Parts 2 and 3, sections 9, 20, 23, 24 and 26, Part 5 (except for section 27) and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 27 is taken to have come into operation on 1 July 2014. (3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act does not come into operation before 21 March 2018, it comes into operation on that day. -- 4 of 30 -- Part 2—Amendments to the Accident Compensation Act 1985 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments to the Accident Compensation Act 1985 3 Liability of Authority and self-insurer (1) In section 99(1)(c) of the Accident Compensation Act 1985, for "injury—" substitute "injury; and". (2) After section 99(1)(c) of the Accident Compensation Act 1985 insert— "(d) reasonable travelling or accommodation expenses not exceeding $5000 incurred by family members of the worker in circumstances where— (i) death results from the injury; and (ii) a burial service or cremation service is held in respect of the worker; and (iii) the service is held at least 100 kilometres from the normal residence of the worker's family members; and (iv) the travelling or accommodation expenses are incurred within Australia—". 4 Indexation of certain amounts—consumer price index In the Table to section 100C of the Accident Compensation Act 1985— (a) items 1, 2, 17 to 22, 26, 27, 31 to 36, 39 and 51 are repealed; (b) after item 40 insert— "40A Section 99(1)(c)—$5000 40B Section 99(1)(d)—$5000". -- 5 of 30 -- Part 2—Amendments to the Accident Compensation Act 1985 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 4 Authorised by the Chief Parliamentary Counsel 5 Actions for damages In section 134AB(25)(a) of the Accident Compensation Act 1985, for "99" substitute "Division 2B of Part IV". 6 New Division 16 of Part IX inserted After Division 15 of Part IX of the Accident Compensation Act 1985 insert— "Division 16—WorkSafe Legislation Amendment Act 2017 392 Amendment of section 99 (Liability of Authority and self-insurer) This Act, as amended by section 3 of the WorkSafe Legislation Amendment Act 2017, applies to all claims made on or after the date on which section 3 of the WorkSafe Legislation Amendment Act 2017 comes into operation. 393 Savings provision—seafarers' claims (1) This section applies to a claim for compensation made, and a premium collected or recovered, under this Act that, but for Samson Maritime Pty Ltd v Noel Aucote [2014] FCAFC 182, would be a valid claim or validly collected or recovered premium in accordance with this Act. (2) If a claim has been accepted by the Authority, then it is taken to be a valid claim in accordance with this Act. -- 6 of 30 -- Part 2—Amendments to the Accident Compensation Act 1985 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 5 Authorised by the Chief Parliamentary Counsel (3) If a premium has been collected or recovered by the Authority, then it is taken to be validly collected or recovered. (4) Nothing in this section creates any new entitlement to compensation.". -- 7 of 30 -- Part 3—Amendments to the Dangerous Goods Act 1985 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 6 Authorised by the Chief Parliamentary Counsel Part 3—Amendments to the Dangerous Goods Act 1985 7 Definitions In section 3(1) of the Dangerous Goods Act 1985, the definition of statutory rule is repealed. 8 Governor in Council may make Order with respect to dangerous goods For section 55(1) of the Dangerous Goods Act 1985 substitute— '(1) If the Governor in Council is of the opinion that it would be expedient for the public safety, the Governor in Council may make an Order— (a) prohibiting absolutely or subject to conditions or restrictions the manufacture, storage, supply, transfer, transport, sale or use of any dangerous goods; or (b) regulating the clean-up, removal and transport of asbestos, asbestos-containing material, asbestos-contaminated dust and asbestos waste. (1A) An Order made under subsection (1) must be published in the Government Gazette. (1B) An Order made under subsection (1)(b) has effect— (a) from the date on which it is published in the Government Gazette; and (b) for a period of 6 months from the date on which it is published in the Government Gazette, unless an earlier period is specified in the Order; and -- 8 of 30 -- Part 3—Amendments to the Dangerous Goods Act 1985 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 7 Authorised by the Chief Parliamentary Counsel (c) despite anything to the contrary in the regulations made under the Occupational Health and Safety Act 2004. (1C) In this section— asbestos means— (a) the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including— (i) actinolite asbestos; and (ii) anthophyllite asbestos; and (iii) chrysotile ("white asbestos"); and (iv) crocidolite ("blue asbestos"); and (v) grunerite asbestos (or amosite) ("brown asbestos"); and (vi) tremolite asbestos; or (b) any material or object, whether natural or manufactured, that contains one or more of the mineral silicates referred to in paragraph (a); asbestos-containing material means any manufactured material or object that, as part of its design, contains one or more of the mineral silicates referred to in paragraph (a) of the definition of asbestos (other than plant in which asbestos is fixed or installed); -- 9 of 30 -- Part 3—Amendments to the Dangerous Goods Act 1985 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 8 Authorised by the Chief Parliamentary Counsel asbestos-contaminated dust means dust that is, or is assumed to be, contaminated with asbestos; asbestos waste means asbestos removed and disposable items used during asbestos removal work or asbestos-related activities, including plastic sheeting and disposable personal protective clothing and disposable protective equipment including tools.'. -- 10 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 9 Authorised by the Chief Parliamentary Counsel Part 4—Amendments to the Occupational Health and Safety Act 2004 9 Act binds the Crown In section 6(1) of the Occupational Health and Safety Act 2004, for "binds" substitute "and the regulations bind". 10 Authority may accept undertakings For section 16(3) of the Occupational Health and Safety Act 2004 substitute— "(3) A person who gives an undertaking under this section must not contravene the undertaking. Penalty: 500 penalty units for a natural person; 2500 penalty units for a body corporate. (4) Neither the Authority nor an inspector may bring a proceeding for an offence against this Act or the regulations constituted by the contravention or alleged contravention to which an undertaking relates— (a) while the undertaking is in effect; or (b) if the undertaking has been fully complied with and discharged.". 11 Incidents to which this Part applies In section 37(4) of the Occupational Health and Safety Act 2004— (a) in the definition of medical treatment, after "the medical" insert "or nursing or midwifery"; -- 11 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 10 Authorised by the Chief Parliamentary Counsel (b) for the definition of mine substitute— "mine means— (a) a workplace at which work is being performed under a licence within the meaning of the Mineral Resources (Sustainable Development) Act 1990— (i) including work that is exploration (within the meaning of that Act), in the form of underground work of any kind or drilling from the surface for coal-bed methane; and (ii) excluding work that is exploration carried out above ground, other than drilling from the surface for coal-bed methane; or (b) all parts of a tourist mine that are underground and all infrastructure and plant associated with the underground workings;"; (c) insert the following definition— "tourist mine means a mine, part of a mine, or any other location in which the principal activities conducted are those promoting interest in the practice and history of prospecting or mining.". 12 Duty to notify of incidents (1) In section 38(1) of the Occupational Health and Safety Act 2004, after "must" insert "not, without reasonable excuse, fail to". -- 12 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 11 Authorised by the Chief Parliamentary Counsel (2) In section 38(5) of the Occupational Health and Safety Act 2004, for paragraphs (a) and (b) substitute— "(a) in the case of a natural person, 240 penalty units; or (b) in the case of a body corporate, 1200 penalty units.". (3) After section 38(5) of the Occupational Health and Safety Act 2004 insert— "(6) An offence against subsection (5) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).". 13 Duty to preserve incident sites (1) In section 39(1) of the Occupational Health and Safety Act 2004, after "must" insert "not, without reasonable excuse, fail to". (2) For the penalty at the foot of section 39(1) of the Occupational Health and Safety Act 2004 substitute— "Penalty: 240 penalty units for a natural person; 1200 penalty units for a body corporate.". (3) After section 39(2) of the Occupational Health and Safety Act 2004 insert— "(3) An offence against subsection (1) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).". -- 13 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 12 Authorised by the Chief Parliamentary Counsel 14 Service of provisional improvement notice or inspector's notice (1) In section 64(c) of the Occupational Health and Safety Act 2004, for "workplace." substitute "workplace; or". (2) After 64(c) of the Occupational Health and Safety Act 2004 insert— "(d) sending it by electronic communication to the person at the person's usual or last known electronic address; or (e) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.". (3) At the end of section 64 of the Occupational Health and Safety Act 2004 insert— "(2) A notice under this Division required or authorised to be issued or given to a body corporate may be served by— (a) issuing or giving it to; or (b) sending it by post or electronic communication to— the body corporate at the head office, registered office or principal place of business of the body corporate. (3) 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.". -- 14 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 13 Authorised by the Chief Parliamentary Counsel 15 Prohibition on discrimination (1) In section 76(2)(c) of the Occupational Health and Safety Act 2004, after "an inspector," insert "the Authority,". (2) In section 76(2)(d) of the Occupational Health and Safety Act 2004, after "an inspector," insert "the Authority,". 16 Prohibited reasons (1) In section 78B(1)(c) of the Occupational Health and Safety Act 2004, after "an inspector," insert "the Authority,". (2) In section 78B(1)(d) of the Occupational Health and Safety Act 2004, after "an inspector," insert "the Authority,". 17 Revocation and disqualification In section 85(1)(a)(i) of the Occupational Health and Safety Act 2004 omit "an". 18 Power to require production of documents etc. (1) For the heading to section 100 of the Occupational Health and Safety Act 2004 substitute— "Power to require production of documents and answers to questions". (2) In section 100(1) of the Occupational Health and Safety Act 2004, after "may" insert "do any or all of the following". (3) In section 100(1)(a) of the Occupational Health and Safety Act 2004 omit "located at the place that is in the person's possession or control". -- 15 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 14 Authorised by the Chief Parliamentary Counsel (4) After section 100(4) of the Occupational Health and Safety Act 2004 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.". 19 Service of notices (1) In section 115(1)(c) of the Occupational Health and Safety Act 2004, for "workplace." substitute "workplace; or". (2) After section 115(1)(c) of the Occupational Health and Safety Act 2004 insert— "(d) sending it by electronic communication to the person at the person's usual or last known electronic address; or (e) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.". (3) After section 115(1) of the Occupational Health and Safety Act 2004 insert— "(1A) A notice under this Division required or authorised to be issued to a body corporate may be served by— (a) issuing it to; or -- 16 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 15 Authorised by the Chief Parliamentary Counsel (b) sending it by post or electronic communication to— the body corporate at the head office, registered office or principal place of business of the body corporate. (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.". 20 Proceedings may be brought by the Authority or inspectors In section 130(1), (4) and (5) of the Occupational Health and Safety Act 2004, after "this Act" insert "or the regulations". 21 Procedure if prosecution is not brought In section 131(1)(a) of the Occupational Health and Safety Act 2004, after "this Act" insert "or the regulations". 22 Limitation period for prosecutions For section 132 of the Occupational Health and Safety Act 2004 substitute— "132 Limitation period for prosecutions (1) Proceedings for an indictable offence against this Act may be brought within the latest of the following periods to occur— (a) within 2 years after the offence first comes to the notice of the Authority; (b) within one year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry -- 17 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 16 Authorised by the Chief Parliamentary Counsel or inquest that an indictable offence had been committed against this Act; (c) if an undertaking has been given under section 16 in relation to the offence, within 6 months after— (i) the undertaking is contravened; or (ii) it comes to the notice of the Authority that the undertaking has been contravened; or (iii) the Authority has agreed under section 16(2) to the withdrawal of the undertaking; (d) at any time with the written authorisation of the Director of Public Prosecutions. (2) A proceeding for an indictable offence may be brought after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period.". 23 Release on the giving of a health and safety undertaking In section 137(2)(b) of the Occupational Health and Safety Act 2004— (a) after "this Act," insert "the regulations,"; (b) after "Act 1985" insert "or regulations made under those Acts". -- 18 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 17 Authorised by the Chief Parliamentary Counsel 24 Liability of officers of partnerships and unincorporated bodies or associations In section 145(1)(a) and (2) of the Occupational Health and Safety Act 2004, after "this Act" insert "or the regulations". 25 Offence to give false or misleading information After section 153(2) of the Occupational Health and Safety Act 2004 insert— "(3) An offence against subsection (1) or (2) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).". 26 New Part 15 inserted After Part 14 of the Occupational Health and Safety Act 2004 insert— "Part 15—Transitional provisions Division 1—WorkSafe Legislation Amendment Act 2017 178 Definitions In this Division— amending Act means the WorkSafe Legislation Amendment Act 2017. 179 Amendment of section 16 (Authority may accept undertakings) This Act, as amended by section 10 of the amending Act, applies to all undertakings accepted by the Authority on or after the date on which section 10 of the amending Act comes into operation. -- 19 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 18 Authorised by the Chief Parliamentary Counsel 180 Amendment of section 38 (Duty to notify incidents) This Act, as amended by section 12 of the amending Act, applies to all offences against section 38 committed on or after the date on which section 12 of the amending Act comes into operation. 181 Amendment of section 39 (Duty to preserve incident sites) This Act, as amended by section 13 of the amending Act, applies to all offences against section 39 committed on or after the date on which section 13 of the amending Act comes into operation. 182 Amendment of section 64 (Service of provisional improvement notice or inspector's notice) This Act, as amended by section 14 of the amending Act, applies to all notices issued or given by the Authority under section 64 on or after the date on which section 14 of the amending Act comes into operation. 183 Amendment of section 100 (Power to require production of documents etc.) This Act, as amended by section 18 of the amending Act, applies to all offences against section 100 committed, or of which the Authority becomes aware, on or after the date on which section 18 of the amending Act comes into operation. -- 20 of 30 -- Part 4—Amendments to the Occupational Health and Safety Act 2004 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 19 Authorised by the Chief Parliamentary Counsel 184 Amendment of section 115 (Service of notices) This Act, as amended by section 19 of the amending Act, applies to all notices issued by the Authority under section 115 on or after the date on which section 19 of the amending Act comes into operation. 185 Amendment of section 132 (Limitation period for prosecutions) This Act, as amended by section 22 of the amending Act, applies to all prosecutions commenced by the Authority on or after the date on which section 22 of the amending Act comes into operation. 186 Amendment of section 153 (Offence to give false or misleading information) This Act, as amended by section 25 of the amending Act, applies to all offences against section 153 committed on or after the date on which section 25 of the amending Act comes into operation.". -- 21 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 20 Authorised by the Chief Parliamentary Counsel Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 27 Assessing degree of impairment of whole person In section 63(5) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "subsection (4)" substitute "subsection (4)(a)(i)". 28 Part not to apply in certain circumstances In section 101(2)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013— (a) for "owner-builders' permits" substitute "certificates of consent"; (b) for "permits" substitute "certificates". 29 Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay (1) In section 156(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "hours of work" insert "(including any casual loadings)". (2) In section 156(1)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "loadings" insert "(excluding any casual loadings)". 30 Liability of Authority and self-insurer (1) In section 224(1)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "cremation." substitute "cremation; and". -- 22 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 21 Authorised by the Chief Parliamentary Counsel (2) After section 224(1)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(d) reasonable travelling or accommodation expenses not exceeding $5000 incurred by family members of the worker in circumstances where— (i) the injury is a severe injury for which immediate in-patient treatment in a hospital is received; and (ii) the hospital is located at least 100 kilometres from the normal residence of the worker's family members; and (e) reasonable travelling or accommodation expenses not exceeding $5000 incurred by family members of the worker in circumstances where— (i) death results from the injury; and (ii) a burial service or cremation service is held in respect of the worker; and (iii) the service is held at least 100 kilometres from the normal residence of the worker's family members; and (iv) the travelling or accommodation expenses are incurred within Australia.". -- 23 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 22 Authorised by the Chief Parliamentary Counsel 31 Certain persons not compelled to give evidence After section 272(2) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(3) A person referred to in subsection (1) is competent to give evidence in proceedings as to reasons for an opinion under Division 3 or to matters relating to the person's role and function as a Panel member but is not compelled to give such evidence. (4) A person referred to in subsection (2) is competent to give evidence in any proceedings about the person's role as an expert retained by a Medical Panel to give advice but is not compelled to give such evidence.". 32 Review of approval After section 384(2)(c) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(ca) the employer or an eligible subsidiary of the employer ceases to employ all of its workers; or". 33 Eligible subsidiary of self-insurer becomes a non-WorkCover employer For section 409(3), (4), (5) and (6) of the Workplace Injury Rehabilitation and Compensation Act 2013 substitute— "(3) On and from the date the employer becomes a non-WorkCover employer, the self-insurer retains liability for, and the responsibility for management of, the tail claims of the employer until the self-insurer ceases to be a self-insurer. -- 24 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 23 Authorised by the Chief Parliamentary Counsel (4) In this section, tail claim of an employer that ceases to be an eligible subsidiary of a self-insurer means— (a) a claim, regardless of when made, in respect of an injury or death incurred or suffered by a worker employed by the employer while the employer was an eligible subsidiary of a self-insurer andwhich entitles that worker, the dependants of that worker or the members of that worker's family to compensation or any other payments under this Act (other than section 576 or 578) or the Accident Compensation Act 1985 or damages at common law as permitted by and in accordance with Division 2 of Part 7 (other than sections 348 to 356 inclusive) or section 366 or section 134AB or 135C of the Accident Compensation Act 1985; or (b) a claim of the employer that ceases to be an eligible subsidiary of the self-insurer for which the self-insurer assumed liability for, and the responsibility for management of, under section 395, 396, 397 or 398.". 34 Authority retains or assumes liability for tail claims In section 414 of the Workplace Injury Rehabilitation and Compensation Act 2013— (a) in paragraph (b), for "employer; or" substitute "employer."; (b) paragraph (c) is repealed. -- 25 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 24 Authorised by the Chief Parliamentary Counsel 35 Functions of the Authority In section 493(1)(zb)(ii) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "cooperation" substitute "co-operation". 36 Delegation (1) In section 500(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "other Act" insert ", or regulations made under this Act or any other Act,". (2) After section 500(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(1A) A delegation under subsection (1) may be made to a person, a class of persons, the holder of an office or position or the holder of each office in a class of offices specified in the instrument of delegation.". 37 Indexation of certain amounts—consumer price index In the Table to section 545 of the Workplace Injury Rehabilitation and Compensation Act 2013, after item 25 insert— "25A Section 224(1)(d)—$5000 25B Section 224(1)(e)—$5000". 38 Criminal liability of officers of bodies corporate— failure to exercise due diligence Section 601(2)(x) of the Workplace Injury Rehabilitation and Compensation Act 2013 is repealed. -- 26 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 25 Authorised by the Chief Parliamentary Counsel 39 Institution of prosecutions After section 608(5) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(5A) Despite any law to the contrary, a proceeding for an offence against Part 8 must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.". 40 New sections 623G, 623H, 623I and 623J inserted After section 623F of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "623G Transitional provision—WorkSafe Legislation Amendment Act 2017 This Act, as amended by section 29 of the WorkSafe Legislation Amendment Act 2017, applies to all claims made on or after the date on which section 29 of the WorkSafe Legislation Amendment Act 2017 comes into operation. 623H Transitional provision—WorkSafe Legislation Amendment Act 2017 This Act, as amended by section 30 of the WorkSafe Legislation Amendment Act 2017, applies to all claims made on or after the date on which section 30 of the WorkSafe Legislation Amendment Act 2017 comes into operation. 623I Transitional provision—WorkSafe Legislation Amendment Act 2017 This Act, as amended by section 39 of the WorkSafe Legislation Amendment Act 2017, applies to all offences against Part 8 committed, or of which the Authority -- 27 of 30 -- Part 5—Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 26 Authorised by the Chief Parliamentary Counsel becomes aware, on or after the date on which section 39 of the WorkSafe Legislation Amendment Act 2017 comes into operation. 623J Savings provision—seafarers' claims (1) This section applies to a claim for compensation made, and a premium collected or recovered under this Act that, but for Samson Maritime Pty Ltd v Noel Aucote [2014] FCAFC 182, would be a valid claim or validly collected or recovered premium in accordance with this Act. (2) If a claim has been accepted by the Authority, then it is taken to be a valid claim in accordance with this Act. (3) If a premium has been collected or recovered by the Authority then it is taken to be validly collected or recovered. (4) Nothing in this section creates any new entitlement to compensation.". -- 28 of 30 -- Part 6—Repeal of amending Act WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 27 Authorised by the Chief Parliamentary Counsel Part 6—Repeal of amending Act 41 Repeal of amending Act This Act is repealed on the first anniversary of the date on which all of its provisions have come into operation. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 29 of 30 -- Endnotes WorkSafe Legislation Amendment Act 2017 No. 48 of 2017 28 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: 22 March 2017 Legislative Council: 23 June 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Accident Compensation Act 1985, the Dangerous Goods Act 1985, the Occupational Health and Safety Act 2004 and the Workplace Injury Rehabilitation and Compensation Act 2013 to further improve the operation of those Acts and for other purposes." -- 30 of 30 --