WORKCOVER CORPORATION ACT 1994 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 3. Interpretation PART 2--The WorkCover Corporation of South Australia Division 1--The Corporation 4. Continuation of Corporation Division 2--The board of management 5. Constitution of board of management 6. Conditions of membership 7. Allowances and expenses 10. Validity of acts 11. Proceedings PART 3--Functions and powers 12. Primary objects 13. Functions 14. Powers 14A. Direction of Minister 15. Corporation to have regard to various differences in the workforce 16. Committees 17. Delegations PART 3A--Charter and performance statement 17A. Corporation's charter 17B. Performance statements PART 4--Accounts, audit and reports 18. Accounts 19. Audit 20. Annual reports PART 5--Staff 21. Chief Executive Officer 22. Other staff of Corporation 22A. Exclusion of operation of Commonwealth industrial relations legislation 23. Superannuation 24. Use of facilities PART 6--Miscellaneous 25. Government Financing Authority Act not to apply to Corporation 26. Protection of special name 27. Exemption from stamp duty 28. Regulations SCHEDULE -Transitional provisions Legislative history Appendix--Divisional penalties and expiation fees WORKCOVER CORPORATION ACT 1994 - LONG TITLE An Act to provide for the reconstitution of the Workers Rehabilitation and Compensation Corporation and its continuation under the name WorkCover Corporation of South Australia; to provide for its functions and powers; and for other purposes. WORKCOVER CORPORATION ACT 1994 - SECT 1 1--Short title This Act may be cited as the WorkCover Corporation Act 1994. WORKCOVER CORPORATION ACT 1994 - SECT 3 3--Interpretation In this Act-- "board" means the Corporation's board of management; "CEO" means the Corporation's Chief Executive Officer; "Corporation" means the WorkCover Corporation of South Australia. Note-- For definition of divisional penalties (and divisional expiation fees) see Appendix. WORKCOVER CORPORATION ACT 1994 - SECT 4 4--Continuation of Corporation (1) The Workers Rehabilitation and Compensation Corporation continues as the WorkCover Corporation of South Australia. (2) The Corporation continues as a body corporate. (3) The Corporation holds its property on behalf of the Crown. (5) If a document appears to bear the common seal of the Corporation and to be signed by two members of the board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Corporation was duly affixed to the document. WORKCOVER CORPORATION ACT 1994 - SECT 5 5--Constitution of board of management (1) The Corporation is managed by a board of management. (2) The board consists of nine members appointed by the Governor of whom-- (a) at least two must be nominated by the Minister after consulting with associations representing the interests of employers (including employers involved in small business and farming); and (b) at least two must be nominated by the Minister after consulting with associations representing the interests of employees (including the UTLC); and (c) at least one must be a person experienced in occupational health and safety; and (d) at least one must be a person experienced in rehabilitation. (3) At least three members of the Board must be women and at least three members must be men. (4) The Governor will appoint one member of the board to chair its meetings. (5) The Minister may grant a member of the board leave of absence from the board and appoint a suitable person to act as a member of the board during that period of absence. WORKCOVER CORPORATION ACT 1994 - SECT 6 6--Conditions of membership (1) A member of the board is appointed on conditions determined by the Governor and for a term, not exceeding three years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may remove a member of the board from office-- (a) for breach of, or non-compliance with, a condition of appointment; or (b) mental or physical incapacity to carry out duties of office satisfactorily; or (c) neglect of duty; or (d) dishonourable conduct. (3) The office of a member of the board becomes vacant if the member-- (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of an indictable offence; or (f) is removed from office under subsection (2). (4) On the office of a member of the Board becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office. WORKCOVER CORPORATION ACT 1994 - SECT 7 7--Allowances and expenses (1) A member of the board is entitled to fees, allowances and expenses approved by the Governor. (2) The fees, allowances and expenses are payable out of the Compensation Fund under the Workers Rehabilitation and Compensation Act 1986. WORKCOVER CORPORATION ACT 1994 - SECT 10 10--Validity of acts (1) An act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. WORKCOVER CORPORATION ACT 1994 - SECT 11 11--Proceedings (1) A quorum of the board consists of six members. (2) The member appointed to chair meetings of the board will preside at meetings of the board or, in the absence of that member, a member chosen to preside by those present. (3) A decision carried by a majority of the votes cast by members at a meeting is a decision of the board. (4) Each member present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (5) A telephone or video conference between members of the board constituted in accordance with procedures determined by the board will, for the purposes of this section, be taken to be a meeting of the board at which the participating members are present. (6) A resolution of the board-- (a) of which prior notice was given to all members of the board in accordance with procedures determined by the board; and (b) in which a majority of the members of the board expressed their concurrence in writing, will be taken to be a decision of the board made at a meeting of the board. (7) The board must have accurate minutes kept of its proceedings. (8) Subject to this Act, the board may determine its own procedures. WORKCOVER CORPORATION ACT 1994 - SECT 12 12--Primary objects The Corporation's primary objects are-- (a) to reduce, as far as practicable, the incidence and the severity of work-related injuries; and (b) to ensure, as far as practicable, the prompt and effective rehabilitation of workers who suffer work-related injuries; and (c) to provide fair compensation for work-related injuries; and (d) to keep employers' costs to the minimum that is consistent with the attainment of the objects mentioned above. WORKCOVER CORPORATION ACT 1994 - SECT 13 13--Functions (1) The functions of the Corporation are-- (a) to administer-- (ii) the Workers Rehabilitation and Compensation Act 1986; and (iii) other legislation prescribed by regulation; and (b) to provide resources to support or facilitate the formulation of standards, policies and strategies that promote occupational health, safety or welfare; and (c) to promote the rehabilitation of persons who suffer disabilities arising from employment and to facilitate their early return to work; and (d) to manage, and ensure the financial viability of, funds that come under its control; and (e) to ensure the efficient and economic operation of the workers rehabilitation and compensation scheme under the Workers Rehabilitation and Compensation Act 1986, to keep all aspects of that scheme under review, and, if appropriate, to make recommendations for change; and (f) to encourage consultation with employers, employees and associations representing the interests of employers or employees in relation to injury prevention, rehabilitation and workers compensation arrangements; and (g) to encourage associations representing the interests of employers or employees to take a constructive role in promoting injury prevention, rehabilitation, and appropriate compensation for persons who suffer disabilities arising from employment; and (h) to promote awareness of the value of effective occupational health, safety and welfare strategies and programs, to foster a consultative and co-operative relationship between management and labour in occupational health, safety and welfare, and to promote the adoption of policies, practices, procedures and arrangements in the workplace that enhance occupational health, safety and welfare; and (i) to prepare, promote or endorse guidelines to assist people who are subject to the operation of an Act administered by the Corporation; and (j) to devise, promote or approve courses of training in workers rehabilitation and, with the approval of the Minister, to accredit service providers in the field of workers rehabilitation and compensation; and (k) to initiate, carry out, support or promote research, projects, courses, programs, activities or other initiatives relating to-- (i) occupational health, safety or welfare; or (ii) work-related disabilities; or (iii) workers rehabilitation; or (iv) workers compensation; and (ka) to support activities and other initiatives relating to occupational health, safety or welfare; and (l) to collect, analyse and publish information and statistics relating to-- (i) occupational health, safety or welfare; and (ii) workers rehabilitation; and (iii) workers compensation; and (n) to conduct public inquiries in relation to matters that arise under an Act administered by the Corporation; and (o) to report to the Minister (on its own initiative or at the request of the Minister)-- (i) on the adequacy, operation, administration or enforcement of legislation for which the Corporation is responsible; or (ii) on any matter relevant to the performance of its functions or any Act administered by the Corporation; and (p) to report to the Minister on any matter referred to the Corporation by the Minister; and (q) to carry out other functions assigned to the Corporation by or under an Act, or by the Minister. (2) The Corporation may, with the approval of the Minister-- (a) perform functions conferred on the Corporation by or under a law of the Commonwealth, another State or a Territory; (b) confer (subject to conditions or limitations (if any) specified by the Minister) functions of the Corporation on an authority established by or under a law of the Commonwealth, another State or a Territory. WORKCOVER CORPORATION ACT 1994 - SECT 14 14--Powers (1) The Corporation has the powers necessary for, or incidental to, the performance of its functions. (2) The Corporation may, for example-- (a) enter into any form of contract or arrangement; (b) engage experts or consultants to assist the Corporation in the performance of its functions or to advise it in relation to technical matters; (c) acquire, hold, deal with or dispose of real and personal property; (d) establish and operate ADI accounts and invest money; (e) with the consent of the Minister and the Treasurer, borrow money and give security for the repayment of loans; (f) establish and maintain a central office and regional offices; (g) collaborate or consult with other bodies in relation to the performance of its functions. (3) The Corporation may only enter into a contract or arrangement-- (a) conferring power on a private sector body-- (i) to manage and determine claims; or (ii) to provide rehabilitation services; or (iii) to implement or manage programs to assist or encourage workers who have suffered compensable disabilities to return to work; or (iv) to collect levies; or (b) conferring other substantial powers on a private sector body, if the contract or arrangement is an authorised contract or arrangement. (4) An "authorised contract or arrangement" is-- (a) a contract or arrangement with an exempt employer under the Workers Rehabilitation and Compensation Act 1986; or (b) a contract or arrangement with a person who holds an appointment as a rehabilitation provider or rehabilitation adviser under the Workers Rehabilitation and Compensation Act 1986; or (c) a contract or arrangement with an employer registered under the Workers Rehabilitation and Compensation Act 1986 entered into as part of a pilot scheme (involving a representative sample of nor more than 20 registered employers) for allowing employers to manage and determine claims brought by their own workers under that Act; or (d) a contract or arrangement authorised by regulation. (4a) An authorisation by regulation under subsection (4)(d)-- (a) cannot take effect until the time for disallowance of the regulation has passed; and (b) lapses 3 years after the date on which it took effect or was last renewed unless it is renewed by a fresh regulation made within 6 months before the date on which it is due to lapse. (5) For the purpose of ascertaining the extent of prospective liabilities, or other matters relevant to its functions, the Corporation may carry out investigations and inquiries it thinks appropriate. WORKCOVER CORPORATION ACT 1994 - SECT 14A 14A--Direction of Minister (1) The Corporation is subject to control and direction by the Minister. (2) However, the Minister may not direct the Corporation in relation to the manner in which action should be taken in connection with a particular claim or entitlement of a worker under the Workers Rehabilitation and Compensation Act 1986. (3) A Ministerial direction under this section must be communicated to the Corporation in writing. (4) Subject to subsection (5), a written direction must be-- (a) included in the next annual report of the Corporation; and (b) published in the Gazette within 7 days after the direction is given. (5) If the Corporation is of the opinion that a direction should not be published for the reason that its publication-- (a) might detrimentally affect the Corporation's commercial interests; or (b) might constitute breach of a duty of confidence; or (c) might prejudice an investigation of misconduct or possible misconduct, the Corporation may advise the Minister of that opinion giving the reason for the opinion. (6) If the Minister is satisfied that a direction should not be published for a reason referred to in subsection (5), the direction need not be published by the Minister or the Corporation as required by subsection (4) but-- (a) the Minister must cause a copy of the direction to be presented to the Economic and Finance Committee of the Parliament within 14 days after the direction was given; and (b) the Corporation must cause a statement of the fact that the direction was given to be published in its next annual report. WORKCOVER CORPORATION ACT 1994 - SECT 15 15--Corporation to have regard to various differences in the workforce (1) The Corporation must, in carrying out its functions, take into account racial, ethnic and linguistic diversity in the population of the State, the interests of both sexes, and the interests of those who may be physically, mentally or intellectually impaired, and seek to ensure that people who are entitled to benefits under Acts administered by the Corporation are not disadvantaged because of their origins or background, their sex, or some physical, mental or intellectual impairment. (2) The Corporation should, as far as reasonably practicable, ensure that information provided for use in the workplace is in a language and form appropriate for those expected to make use of it. WORKCOVER CORPORATION ACT 1994 - SECT 16 16--Committees (1) The Corporation-- (a) must establish the committees the Minister may require; and (b) may establish other committees the Corporation considers appropriate, to advise the Corporation on any aspect of its functions, or to assist the Corporation in the performance of its functions or in the exercise of its powers. (2) A committee may, but need not, consist of, or include, members of the board. (3) The Corporation must allocate sufficient resources to ensure that the committees established under this Act and the Workers Rehabilitation and Compensation Act 1986 can operate effectively. WORKCOVER CORPORATION ACT 1994 - SECT 17 17--Delegations (1) The Corporation may, by instrument in writing, delegate a function or power conferred on or vested in the Corporation. (2) A delegation-- (a) may be made-- (i) to a member of the board; or (ii) to a committee established by the Corporation or by or under an Act; or (iii) to a particular officer of the Corporation, or to any officer of the Corporation occupying (or acting in) a particular office or position; or (iv) to a public authority or public instrumentality; or (v) to a private sector body in connection with a contract or arrangement that is an authorised contract or arrangement under section 14(4); and (b) may be made subject to conditions and limitations specified in the instrument of delegation; and (c) is revocable at will and does not derogate from the Corporation's power. (2a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the function or power in accordance with the instrument. (3) In legal proceedings an apparently genuine certificate, purporting to be signed by an officer of the Corporation, containing particulars of a delegation or subdelegation under this section will, in the absence of proof to the contrary, be accepted as proof of the particulars. WORKCOVER CORPORATION ACT 1994 - SECT 17A 17A--Corporation's charter (1) A charter must be prepared for the Corporation by the Minister and the Treasurer after consultation with the Corporation. (2) The charter must deal with the following matters: (a) the nature and scope of any operations to be undertaken, including-- (i) the nature and scope of investment activities; and (ii) the nature and scope of any operations or transactions outside the State; (b) without limiting paragraph (a)--the steps to be undertaken or the initiatives to be established to ensure that the Corporation has and maintains systems to provide for the effective rehabilitation of disabled workers and their return to work on a successful basis, including through the administration and enforcement of sections 58B and 58C of the Workers Rehabilitation and Compensation Act 1986; (c) all requirements of the Minister or the Treasurer as to-- (i) the Corporation's obligations to report on its operations; and (ii) the form and contents of the Corporation's accounts and financial statements; and (iii) any accounting, internal auditing or financial systems or practices to be established or observed by the Corporation; and (iv) the acquisition or disposal of capital or assets or the borrowing or lending of money. (3) The charter may-- (a) limit the functions or powers of the Corporation insofar as they relate to the commercial operations of the Corporation; and (b) deal with any other matter not specifically referred to in subsection (2). (4) The charter may not extend the functions or powers of the Corporation as provided by this Act. (5) The Minister and the Treasurer must, after consultation with the Corporation, review the charter at the end of each financial year. (6) The Minister and the Treasurer may, after consultation with the Corporation, amend the charter at any time. (7) The charter or an amendment to the charter comes into force and is binding on the Corporation on a day specified in the charter or amendment (but without affecting contractual obligations previously incurred by the Corporation). (8) On the charter or an amendment to the charter coming into force, the Minister must-- (a) within 6 sitting days, cause a copy of the charter, or the charter in its amended form, to be laid before both Houses of Parliament; and (b) within 14 days (unless such a copy is sooner laid before both Houses of Parliament under paragraph (a)), cause a copy of the charter, or the charter in its amended form, to be presented to the Economic and Finance Committee of the Parliament. WORKCOVER CORPORATION ACT 1994 - SECT 17B 17B--Performance statements (1) The Minister and the Treasurer must, when preparing the charter for the Corporation, also prepare, after consultation with the Corporation, a performance statement setting the various performance targets that the Corporation is to pursue in the coming financial year or other period specified in the statement and dealing with such other matters as the Minister and the Treasurer consider appropriate. (2) The Minister and the Treasurer must, after consultation with the Corporation, review the performance statement when reviewing the Corporation's charter. (3) The Minister and the Treasurer may, after consultation with the Corporation, amend the performance statement at any time. WORKCOVER CORPORATION ACT 1994 - SECT 18 18--Accounts (1) The Corporation must cause proper accounts to be kept of its financial affairs. (2) The Corporation must-- (a) ensure that all money payable to the Corporation is properly collected; and (b) ensure that all liabilities and expenditures of the Corporation are properly authorised; and (c) ensure that adequate control is maintained over its assets; and (d) ensure efficiency and economy of operations and the avoidance of waste and extravagance; and (e) develop and maintain an adequate budgeting and accounting system; and (f) develop and maintain an adequate internal audit system. (3) The Corporation must, in complying with subsection (2), take into account any relevant recommendation made by the Auditor-General in relation to the accounts of the Corporation. WORKCOVER CORPORATION ACT 1994 - SECT 19 19--Audit The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Corporation. WORKCOVER CORPORATION ACT 1994 - SECT 20 20--Annual reports (1) The Corporation must, on or before 31 December in every year, forward to the Minister a report on the work and operations of the Corporation for the financial year ending on the preceding 30 June. (2) The report must include-- (a) the audited accounts of the Corporation for the relevant financial year; and (b) information required under the Workers Rehabilitation and Compensation Act 1986 and the Occupational Health, Safety and Welfare Act 1986; and (c) other information required by regulation. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. WORKCOVER CORPORATION ACT 1994 - SECT 21 21--Chief Executive Officer (1) The Corporation has a Chief Executive Officer. (2) The CEO is responsible to the board for-- (a) implementing its policies and decisions; and (b) managing the Corporation's business efficiently and effectively; and (c) supervising the Corporation's staff. (3) The CEO will be appointed by the board on terms and conditions determined by the board. (4) A person must not be appointed as CEO unless the board has first consulted with the Minister about the proposed appointment and the proposed terms and conditions of appointment. (5) The CEO may, by instrument in writing, delegate the CEO's functions or powers under an Act. (6) A delegation-- (a) may be made subject to conditions and limitations as the CEO thinks fit; and (b) is revocable at will and does not derogate from the CEO's power. WORKCOVER CORPORATION ACT 1994 - SECT 22 22--Other staff of Corporation (1) The Corporation may appoint, on terms and conditions fixed by the Corporation, such employees of the Corporation as it thinks necessary or desirable. (2) The employees of the Corporation are not members of the Public Service. (3) The Corporation may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the staff of that administrative unit. WORKCOVER CORPORATION ACT 1994 - SECT 22A 22A--Exclusion of operation of Commonwealth industrial relations legislation The Corporation is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. WORKCOVER CORPORATION ACT 1994 - SECT 23 23--Superannuation The Corporation is a public authority for the purposes of the Superannuation Act 1974, and may enter into arrangements with the South Australian Superannuation Board about superannuation of its staff. WORKCOVER CORPORATION ACT 1994 - SECT 24 24--Use of facilities (1) The Corporation may, by arrangement with an administrative unit of the Public Service of the State, a public authority or a public instrumentality, on terms and conditions mutually arranged, make use of the services or facilities of the administrative unit, authority or instrumentality. (2) The Corporation may, as it thinks fit (and subject to any conditions or limitations determined by the Minister), make use of services, facilities or personnel provided by the private sector. WORKCOVER CORPORATION ACT 1994 - SECT 25 25--Government Financing Authority Act not to apply to Corporation The Corporation is not a semi-government authority under the Government Financing Authority Act 1982. WORKCOVER CORPORATION ACT 1994 - SECT 26 26--Protection of special name (1) In this section-- "the prescribed name" means the name "WorkCover". (2) The Corporation has a proprietary interest in the prescribed name. (3) A person who, without the consent of the Corporation, in the course of a trade or business, uses the prescribed name for the purpose of promoting the sale of goods or services is guilty of an offence. Penalty: Division 5 fine. (4) A consent under subsection (3) may be given with or without conditions. (5) The Supreme Court may, on the application of the Corporation, grant an injunction to restrain a breach of this section. (6) Subsection (5) does not derogate from any civil remedy that may be available to the Corporation apart from those subsections. WORKCOVER CORPORATION ACT 1994 - SECT 27 27--Exemption from stamp duty The Corporation is exempt from stamp duty in respect of insurance business carried on by the Corporation and is not required to take out an annual licence under the Stamp Duties Act 1923 in respect of such business. WORKCOVER CORPORATION ACT 1994 - SECT 28 28--Regulations (1) The Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act. (2) The regulations-- (a) may be of general or limited application; (b) may allow for matters to be determined at the discretion of the Corporation (or a delegate of the Corporation) or confer other forms of discretionary power on the Corporation (or a delegate of the Corporation); (c) may create summary offences, punishable by a fine not exceeding a division 7 fine, for non-compliance with a regulation. WORKCOVER CORPORATION ACT 1994 - SCHEDULE Schedule--Transitional provisions 1--References A reference in an instrument to the Workers Rehabilitation and Compensation Corporation will be construed as a reference to the Corporation. 5--Regulations The regulations may contain other provisions of a saving or transitional nature consequent on the enactment of this Act. WORKCOVER CORPORATION ACT 1994 - NOTES Legislative history Notes * Amendments of this version that are uncommenced are not incorporated into the text. * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1994 51 WorkCover Corporation Act 1994 16.6.1994 1.7.1994 (Gazette 30.6.1994 p1842) 1995 35 Workers Rehabilitation and Compensation (Miscellaneous Provisions) Amendment Act 1995 27.4.1995 Sch 2--25.5.1995 (Gazette 25.5.1995 p2200) 1995 105 Statutes Amendment (Workers Rehabilitation and Compensation) Act 1995 14.12.1995 Pt 3--1.7.1994: s 2(b) 1998 30 Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Act 1998 16.4.1998 s 7--13.4.2000 (Gazette 13.4.2000 p2084)--cancelled on 13.4.2004: s 8 1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch item 63--1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) 2005 41 Occupational Health, Safety and Welfare (SafeWork SA) Amendment Act 2005 14.7.2005 Sch 1 (cll 2--4)--15.8.2005 (Gazette 11.8.2005 p3011) 2008 16 WorkCover Corporation (Governance Review) Amendment Act 2008 19.6.2008 1.7.2008 (Gazette 26.6.2008 p2555) 2009 58 Statutes Amendment (National Industrial Relations System) Act 2009 26.11.2009 Pt 18 (s 46)--1.1.2010 (Gazette 17.12.2009 p6351) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 166 (ss 371--374)--1.2.2010 (Gazette 28.1.2010 p320) 2011 48 Workers Rehabilitation and Compensation (Employer Payments) Amendment Act 2011 8.12.2011 Sch 2 (cll 5--8)--1.7.2012 (Gazette 29.3.2012 p1294) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 13.4.2004 Pt 2 s 4 s 4(4) deleted by 16/2008 s 4 1.7.2008 s 6 s 6(3) (e) deleted by 84/2009 s 371 1.2.2010 ss 8 and 9 deleted by 84/2009 s 372 1.2.2010 s 10 s 10(2)--(4) deleted by 84/2009 s 373 1.2.2010 Pt 3 s 13 s 13(1) (a)(i) deleted by 41/2005 Sch 1 (cl 2(1)) 15.8.2005 amended by 41/2005 Sch 1 (cl 2(2), (3)) 15.8.2005 (m) deleted by 41/2005 Sch 1 (cl 2(4)) 15.8.2005 amended by 16/2008 s 5 1.7.2008 s 14 s 14(2) amended by 33/1999 Sch (item 63) 1.7.1999 s 14(3) substituted by 105/1995 s 8 1.7.1994 s 14(4) amended by 35/1995 Sch 2 25.5.1995 substituted by 105/1995 s 8 1.7.1994 substituted by 30/1998 s 7(a) but this amendment cancelled by 30/1998 s 8(a) 13.4.2000--cancelled on 13.4.2004 s 14(4a) inserted by 105/1995 s 8 1.7.1994 amended by 30/1998 s 7(b) but this amendment cancelled by 30/1998 s 8(a) 13.4.2000--cancelled on 13.4.2004 s 14A inserted by 16/2008 s 6 1.7.2008 s 16 s 16(3) substituted by 41/2005 Sch 1 (cl 3) 15.8.2005 s 17 s 17(2) amended by 105/1995 s 9 1.7.1994 s 17(2a) inserted by 16/2008 s 7(1) 1.7.2008 s 17(3) amended by 16/2008 s 7(2) 1.7.2008 Pt 3A inserted by 16/2008 s 8 1.7.2008 Pt 4 s 18 s 18(3) amended by 16/2008 s 9 1.7.2008 s 19 substituted by 16/2008 s 10 1.7.2008 Pt 5 s 22 s 22(3) substituted by 84/2009 s 374 1.2.2010 s 22(4)--(6) deleted by 84/2009 s 374 1.2.2010 s 22A inserted by 58/2009 s 46 1.1.2010 Sch cl 1 substituted by 41/2005 Sch 1 (cl 4) 15.8.2005 cll 2--4 deleted by 41/2005 Sch 1 (cl 4) 15.8.2005 Transitional etc provisions associated with Act or amendments Statutes Amendment (Workers Rehabilitation and Compensation) Act 1995 10--Saving provision This Part is not to affect the decision of the Review Officer in the case of Warren and Inghams Enterprises Pty Ltd and WorkCover Corporation (ie Determination No 95-0458) or later decisions in appellate proceedings. Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Act 1998 8--Sunset provision On the expiration of 4 years from the commencement of this Act-- (a) the amendments made by this Act (other than by section 6) are cancelled and the text of the Acts amended by this Act is restored to the form in which that statutory text would have existed if this Act had not been passed; and (b) section 107B of the Workers Rehabilitation and Compensation Act 1986 (as inserted by section 6 of this Act) is amended by striking out from subsection (4) ", a self managed employer or the claims manager for a group of self managed employers". Historical versions Reprint No 1--25.5.1995 Reprint No 2--1.7.1994 Reprint No 3--1.7.1999 Reprint No 4--13.4.2000 13.4.2004 15.8.2005 1.7.2008 1.1.2010 WORKCOVER CORPORATION ACT 1994 - NOTES Appendix--Divisional penalties and expiation fees At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows: Division Maximum imprisonment Maximum fine Expiation fee 1 15 years $60 000 -- 2 10 years $40 000 -- 3 7 years $30 000 -- 4 4 years $15 000 -- 5 2 years $8 000 -- 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 – $500 $100 10 – $200 $75 11 – $100 $50 12 – $50 $25 Note: This appendix is provided for convenience of reference only.