Accident Compensation (Further Amendment) Act 2005
Act No.
table of provisions
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1.Purpose
2.Commencement
3.New section 138 AA inserted in Accident Compensation Act 1985
138AA. Third party recovery actions only with Ministerial
approval
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Endnotes
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Initiated in Council on 20 July 2005 by the Hon. Bill Forwood
A BILL
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to amend the Accident Compensation Act 1985 and for other purposes
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Accident Compensation (Further Amendment) Act 2005
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Act No.
Accident Compensation (Further Amendment) Act 2005
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Act No.
Accident Compensation (Further Amendment) Act 2005
The Parliament of Victoriaenacts as follows:
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Act No.
Accident Compensation (Further Amendment) Act 2005
1.Purpose
The purpose of this Act is to amend the Accident Compensation Act 1985 to provide for the Minister to have the power to determine which cases to pursue a legal liability from a third party to pay damages, the prevention of delegation of that power and the reporting of such cases annually to the Parliament.
2.Commencement
s. 2
This Act comes into operation on the day after the day on which this Act receives the Royal Assent.
3.New section 138 AA inserted in Accident Compensation Act 1985
After section 138 of the Accident Compensation Act 1985 insert—
"138AA. Third party recovery actions only with Ministerial approval
(1)An action to recover any amount from a third party under the indemnity in section 138(1) cannot be commenced without the prior written approval of the Minister.
(2) The Minister cannot delegate his or her power of approval under sub-section (1).
(3) The Authority must include in its report of operations under Part 7 of the Financial Management Act 1994 in respect of each financial year full details of any approvals given by the Minister under sub-section (1) during that year.
(4) The Minister must give the Authority any information the Authority reasonably requires in order to comply with its reporting obligation under sub-section (3).".
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Act No.
Accident Compensation (Further Amendment) Act 2005
Endnotes
Endnotes
By Authority. Government Printer for the State of Victoria.
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