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Compensation Legislation Amendment Bill 2017

 Compensation Legislation Amendment
              Bill 2017

                        Introduction Print


              EXPLANATORY MEMORANDUM


                                 General
This Bill amends the Transport Accident Act 1986 by removing the
requirement for persons to pay a set medical excess for medical services
before the TAC is liable to pay for these services, and the Workplace Injury
Rehabilitation and Compensation Act 2013 to make further provision in
relation to jockeys and apprentice jockeys and for other purposes.

                              Clause Notes

                          Part 1--Preliminary
Clause 1   sets out the purposes of the Act, which are to amend the
           Transport Accident Act 1986 (the "TA Act"); to remove the
           medical excess payable by persons who are injured as a result
           of a transport accident, and to amend the Workplace Injury
           Rehabilitation and Compensation Act 2013 (the "WIRC Act")
           to make further provision in relation to jockeys and apprentice
           jockeys and for other purposes.

Clause 2   is the commencement provision. It provides that this Act, except
           for Part 3, commences on the day after the day on which it
           receives Royal Assent. Part 3 commences on 1 July 2018.

     Part 2--Amendments to the Transport Accident Act 1986
Clause 3   amends the definition of partner in section 3(1)(b)(i) of the
           TA Act to remove a reference to section 43(1D) of the TA Act,
           which refers to a shared medical excess for partners.




581400                               1     BILL LA INTRODUCTION 16/10/2017

 


 

Clause 4 amends section 43 of the TA Act, by repealing sections 43(1)(b) and 43(1A), (1B) and (1C) of the TA Act. As a result of these amendments to section 43 of the TA Act, the only change will be that a person will no longer be required to reach a set medical excess before the TAC is liable to pay for the reasonable cost of medical services that a person requires as a result of their transport accident. Clause 5 amends section 61(1) and 61(7) of the TA Act in order to remove the application of indexation to the medical excess referred to in section 43(1)(b) of the TA Act. Clause 6 inserts an application provision into the TA Act to provide that the amendments made to the TA Act apply in respect of a transport accident that occurs on or after the commencement date of the Compensation Legislation Amendment Act 2017. Part 3--Amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 Clause 7 inserts a new transitional provision after section 623J of the WIRC Act. New section 623K provides that the amendments to Schedule 1 of the WIRC Act made by clause 8 of this Bill apply prospectively to injuries occurring on or after the commencement of the Act. Clause 8 amends Schedule 1 of the WIRC Act to ensure consistent workers' compensation arrangements for licensed jockeys and apprentice jockeys and to clarify the operation of the legislation in relation to the horse racing industry. Subclause (1) amends clause 17(2)(a) of Schedule 1 to confirm that licensed jockeys and apprentice jockeys are not barred from receiving compensation under clause 17(1) of Schedule 1. Subclause (2) amends clause 17(3)(a) of Schedule 1 to confirm that Racing Victoria is the deemed employer of licensed jockeys and apprentice jockeys in relation to riding in an official trial. Subclause (3) substitutes a new clause 17(3)(b) into Schedule 1 to specify that apprentice jockeys are deemed to be employed by Racing Victoria if they are injured while performing ride work. 2

 


 

The new subclause also confirms that Racing Victoria is only the deemed employer of licensed jockeys and apprentice jockeys. It also clarifies that this deemed employment provision only apply in relation to ride work undertaken at specified training facilities. Subclause (4) amends clause 17(3) to confirm that prize money paid to licensed jockeys or apprentice jockeys or their nominees is remuneration for the purposes of the WIRC Act. This clause will allow for the diversity of payment arrangements for jockeys, and will ensure that such payments are included in the calculation of their pre-injury average weekly earnings. Subclause (5) inserts a new clause 17(4) into Schedule 1 to define the terms Racing Victoria and Rules of Racing by reference to the meanings these terms are given in the Racing Act 1958. 3

 


 

 


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