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This is a Bill, not an Act. For current law, see the Acts databases.
Compensation Legislation Amendment Act 2018
No. of 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendments to the Transport Accident Act 1986 3
3 Definitions 3
4 Liability for losses in first five days etc. 3
5 Indexation 3
6 Transitional provision 4
Part 3--Amendments to the Workplace Injury Rehabilitation
and Compensation Act 2013 5
7 New section 623K inserted 5
8 Schedule 1 amended 5
Part 4--Repeal of amending Act 8
9 Repeal of amending Act 8
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Endnotes 9
1 General information 9
i
Compensation Legislation Amendment
Act 2018
No. of 2018
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Transport Accident Act 1986
to remove the medical excess payable by a
person who is injured as a result of a
transport accident; and
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 1--Preliminary
(b) to amend the Workplace Injury
Rehabilitation and Compensation
Act 2013 to make further provision
in relation to jockeys and apprentice
jockeys.
2 Commencement
(1) This Act, except for Part 3, commences on the
day after the day on which it receives the Royal
Assent.
(2) Part 3 commences on 1 July 2018.
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 2--Amendments to the Transport Accident Act 1986
Part 2--Amendments to the Transport
Accident Act 1986
3 Definitions
In section 3(1) of the Transport Accident
Act 1986, in paragraph (b)(i) of the definition
of partner, for "sections 43(1D) and" substitute
"section".
4 Liability for losses in first five days etc.
(1) For section 43(1) of the Transport Accident
Act 1986 substitute--
"(1) The Commission is not liable to pay
compensation under this Part to an earner
injured as a result of a transport accident in
respect of loss of earnings during the first
five days after the accident or after the injury
first manifests itself, whichever last occurs,
in respect of which, or any part of which,
the earner suffers any loss of earnings as a
result of, or materially contributed to by, the
injury.".
(2) Section 43(1A), (1B) and (1C) of the Transport
Accident Act 1986 are repealed.
(3) In section 43(2) of the Transport Accident
Act 1986, for "subsection (1)(a)" substitute
"subsection (1)".
5 Indexation
(1) In section 61(1) of the Transport Accident
Act 1986, omit "section 43(1)(b) or" (where twice
occurring).
(2) In section 61(7) of the Transport Accident
Act 1986, omit "referred to in section 43(1)(b)
or".
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 2--Amendments to the Transport Accident Act 1986
6 Transitional provision
After Division 10 of Part 11 of the Transport
Accident Act 1986 insert--
"Division 11--Compensation Legislation
Amendment Act 2018
231 Amendment of section 43 (medical excess)
(1) This Act, as amended by Part 2 of the
amending Act, applies in respect of a
transport accident that occurs on or after
the commencement date.
(2) In this section--
amending Act means the Compensation
Legislation Amendment Act 2018;
commencement date means the day on
which Part 2 of the amending Act
comes into operation.".
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 3--Amendments to the Workplace Injury Rehabilitation and
Compensation Act 2013
Part 3--Amendments to the
Workplace Injury Rehabilitation
and Compensation Act 2013
7 New section 623K inserted
At the end of Division 15 of Part 13 of the
Workplace Injury Rehabilitation and
Compensation Act 2013 insert--
"623K Transitional provision--Compensation
Legislation Amendment Act 2018
Schedule 1, as amended by the
Compensation Legislation Amendment
Act 2018, applies to all injuries occurring on
or after the commencement of that Act.".
8 Schedule 1 amended
(1) In clause 17(2)(a) of Schedule 1 to the
Workplace Injury Rehabilitation and
Compensation Act 2013--
(a) for "holds a licence, permit or approval to
ride" substitute "is a jockey or an apprentice
jockey who holds a licence"; and
(b) omit "of Racing Victoria".
(2) In clause 17(3)(a) of Schedule 1 to the
Workplace Injury Rehabilitation and
Compensation Act 2013--
(a) after "race meeting" insert ", or official
trial,"; and
(b) omit "of Racing Victoria".
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 3--Amendments to the Workplace Injury Rehabilitation and
Compensation Act 2013
(3) For clause 17(3)(b) of Schedule 1 to the
Workplace Injury Rehabilitation and
Compensation Act 2013 substitute--
"(b) who, not being the owner or trainer of
the horse to be ridden, is a jockey or an
apprentice jockey who holds a licence
granted in accordance with the Rules of
Racing and who agrees to do ride work
for a trainer licensed under the Rules of
Racing--
(i) at a location authorised for the
holding of a horse race under the
Racing Act 1958; or
(ii) at a training venue occupied by a
club registered in accordance with
the Rules of Racing; or
(iii) at a training venue occupied by a
trainer licensed under the Rules of
Racing; or
(iv) at a connecting route between any
of the training venues referred to
in subparagraphs (i) to (iii)--".
(4) In clause 17(3) of Schedule 1 to the Workplace
Injury Rehabilitation and Compensation
Act 2013--
(a) after "to the person" insert ", or to the
person's nominee,";
(b) after "participating or doing" insert
"(including any prize money)".
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 3--Amendments to the Workplace Injury Rehabilitation and
Compensation Act 2013
(5) For clause 17(4) of Schedule 1 to the Workplace
Injury Rehabilitation and Compensation
Act 2013 substitute--
"(4) In this clause--
Racing Victoria has the same meaning as in
the Racing Act 1958;
Rules of Racing has the same meaning as in
the Racing Act 1958.".
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Compensation Legislation Amendment Act 2018
No. of 2018
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
9 Repeal of amending Act
This Act is repealed on the first anniversary of
the day 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).
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Compensation Legislation Amendment Act 2018
No. of 2018
Endnotes
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:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Transport Accident Act 1986 to remove the medical excess for
persons who are injured as a result of a transport accident, to amend the
Workplace Injury Rehabilitation and Compensation Act 2013 to
make further provision in relation to jockeys and apprentice jockeys and
for other purposes."
By Authority. Government Printer for the State of Victoria.
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