Accident Compensation Act 1972 - Repealed Table of sections

NB: This legislation has been replaced by the Accident Compensation Act 2001


1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
4 Purposes and scope of Act
5 Act to be a code

PART I — THE ACCIDENT COMPENSATION CORPORATION

6 Accident Compensation Corporation
6A Members of Corporation
7 Term of office of appointed members of Corporation
8 Resignation or removal from office
9 Deputies of members
10 Commission to be a body corporate (repealed)
11 Contracts of Commission
12 Seal of the Commission
13 Meetings of Corporation
14 Assent to resolution without a meeting

Functions and Powers of Commission

15 Recommendations as to levies and compensation
16 Administrative functions and powers
17 Functions and powers in relation to Funds
18 Commission to consider and report upon possibility of extending scope of cover (repealed)
19 Express powers
20 Commission to implement policy of the Government

Staff, Agents, and Committees

20A Managing Director
20B Deputy Managing Director
21 Officers and employees
22 Provision of superannuation for officers and employees
23 Medical referees, medical committees, and specialists
24 Staff, etc., not in service of Crown
25 Appointment of agents
26 Appeal against revocation of appointment as agent
27 Agents' fees and commission
28 Committees
29 Delegations

Financial Provisions

30 Investment of money
31 Funds to be established
32 General Fund
33 Adjustment between Funds in respect of motor vehicle accidents to earners
34 Accounts and audit
35 Banking of money
36 Borrowing powers
37 Loans and grants to Commission
38 Unauthorised expenditure
39 Fines
40 Remuneration and travelling expenses
41 Fees and expenses in connection with investigation or inquiry
42 Exemption from taxation

PART II — PREVENTION AND REHABILITATION

Safety and Prevention

43 Commission to promote general safety
44 Functions of Commission in relation to the promotion of safety
45 Commission to establish safety division
46 Special officer to control safety division
47 Staff of safety division

Rehabilitation


48 Commission to promote rehabilitation
49 Functions of Commission in relation to the promotion of rehabilitation
50 Method in which Commission's functions under section 49 to be discharged
51 Commission to establish rehabilitation and medical division
52 Medical practitioner to control rehabilitation and medical division
53 Staff of rehabilitation and medical division

PART III — EARNERS SCHEME

54 Commission to establish earners' scheme
55 Cover under earners' scheme
56 Extent of cover under scheme in respect of personal injury by accident (repealed)
57 Qualifications for continuous cover (repealed)
58 Qualifications for work accident cover (repealed)
59 Extension of cover under earners' scheme
60 New Zealand residents overseas
61 Seamen and airmen
62 Husband or wife employed by or rendering services to spouse
63 Members of the Armed Forces of New Zealand
64 Diplomatic missions and consular posts
65 Extension of cover to occupational diseases
66 Compensation for hernia
67 Compensation for diseases arising out of employment
68 Compensation for industrial deafness

Earners Compensation Fund and Active Service Compensation Fund

69 Earners' Compensation Fund
70 Active Service Compensation Fund

Levies

71 Levies under earners' scheme
72 Rates of levies
73 Rewards and penalties according to safety records
74 Maximum amount on which levies are payable
75 Agent to whom levies to be paid
76 Statements of earnings and levies
77 Prescribing new dates for delivery of statements and payment of levy
78 Prescribing new dates for the delivery of statements and payment of levy
79 Adjustments on cessation (repealed)
80 General provisions regarding statements of earnings, etc.
81 Payment of levies
81A Deduction of levy from payment due to defaulters
82 Agent to pay levies to Commission
83 Powers to determine nature of earnings and classification and to assess levies, etc.

Special Provisions in Respect of Work Accidents

84 Accidents to earners acting in breach of Act, regulations, or orders
85 Accidents to earners travelling to or from work
86 Accidents to employees during meal or rest times
87 Accidents to employees travelling between place of employment and premises to which there is right of access
88 Accidents to waterside workers awaiting engagement
89 Certain accidents to earners deemed to arise out of employment

Illegality of Contract of Employment

90 Employees working under illegal contracts

PART IV — MOTOR VEHICLE ACCIDENT SCHEME

91 Commission to establish motor vehicle accident scheme
92 Cover under motor vehicle accident scheme
93 Motor vehicles of visitors to New Zealand
94 Towed unregistered or unlicensed vehicles
95 Agricultural trailers (repealed)
96 Invalid carriages

Motor Vehicle Compensation Fund

97 Motor Vehicle Compensation Fund

Levies

98 Levies on motor vehicles
99 Rates of levies on motor vehicles
100 Power to impose levies on drivers of motor vehicles
101 Provisions applicable where owner or driver does not pay the proper levy
102 Accounting for levies and deduction of collection fees

PART IVA — SUPPLEMENTARY SCHEME

102A Supplementary scheme
102B Cover under supplementary scheme
102C Cover for persons not ordinarily resident in New Zealand
102D Supplementary Compensation Fund

PART V — PROVISIONS RELATING TO SCHEMES

103 Calculation of earnings
104 Relevant earnings
104A Period of earnings
105 Working shareholders of companies
105A Persons travelling between places in New Zealand
105B Criminal injuries
106 Refunds of excess payments

PART VI — COMPENSATION

Medical and Related Benefits

107 Conveyance of employees injured in course of employment
108 Conveyance in other cases
109 Subsequent conveyance for treatment
109A Conveyance by ambulance
110 Damage to teeth or artificial limbs or aids or clothing
111 Medical treatment

Compensation in Respect of Incapacity

112 First week
112A Priority in bankruptcy or winding up for first week's compensation
113 Earnings related compensation after first week
114 Assessment of permanent incapacity
115 Compensation, etc., in case of subsequent accident
116 Increased compensation for full time earner in certain cases
117 Earnings related compensation where employee under 21, etc.
118 Compensation for loss of potential earning capacity in certain cases
119 Compensation for non-economic loss related to permanent loss or impairment of bodily function
120 Compensation for other non-economic loss

Compensation for Pecuniary Loss not Related to Earnings

121 Compensation for pecuniary loss not related to earnings

Compensation in Event of Death

122 Funeral expenses
123 Earnings related compensation payable to dependent widows, widowers, and children and other dependants
124 Lump sum payments to dependent widows, widowers, and children, and certain other dependants
125 Lump sum payment to widow or widower on remarriage

Miscellaneous Provisions Relating to Compensation

126 Payments to minors and persons under disability or needing protection
127 Rules for determining dependency
128 Upper age limit for payment of earnings related compensation
129 Power to reduce, postpone, or cancel earnings related compensation where person in hospital or penal institution
130 Dependent spouse or child or other dependant outside New Zealand
131 Compensation under Act in cases where claim lies overseas, etc.
132 Duty to submit to medical examination and medical or surgical treatment
133 Commutation of periodic payments to a lump sum in very exceptional circumstances
134 Advances in anticipation of claim to compensation
135 Compensation not assignable
136 Injured person to advise of subsequent increase of earnings before assessment of permanent incapacity
137 Wilfully self-inflicted personal injuries and suicide
138 Disqualification through conviction of murder or manslaughter

PART VII — PROCEDURE AND APPEALS

Procedure for Reporting Accidents and Making Claims

139 Duty of employees to give notice of accidents
140 Employers to keep records of accidents
141 Employers to make periodical reports of accidents to Commission
142 Duty to give notice of accidents in other cases
143 Claims of employees in respect of work accidents
144 Other claims
145 Claims arising from death
146 Particulars of claims
147 Co-ordination of claims
148 Reports, claims, etc., on behalf of incapacitated persons
149 Limitation of time for making claims
150 Declaration of entitlement
151 Decisions and payments
152 Regulations

Appeals

153 Application for review
154 Hearing of applications for review
155 Constitution and functions of Appeal Authority
156 Deputy of person who is the Authority (repealed)
157 Remuneration and travelling allowances
158 Services for Authority, etc.
159 Authority to have seal
160 Assessors
161 Functions of Appeal Authority (repealed)
162 Right of appeal
163 Procedure on appeal
164 Hearing and determination of appeal
165 Sittings of Appeal Authority
166 Costs
167 Notice of decision
168 Appeal to Supreme Court
169 Appeal against decision of Administrative Division on question of law

PART VIII — MISCELLANEOUS PROVISIONS

170 Effect on cover of acceptance of levy
170A Powers to decide matters relevant to determination of cover and classifying vehicles
171 Power to recover or write off compensation overpaid and unpaid levies
172 Representation of Commission in legal proceedings
173 Commission's power to set off
174 Payments to administrator of deceased person
175 Right to view scene of accident
176 Commission may provide forms and registers
177 Service of notices, etc.
178 Annual report of Commission
179 Power to reduce compensation, etc., in certain cases
179A Ex gratia payments
180 Offences
181 Regulations and Orders in Council
182 New sections substituted for secrecy provisions of Inland Revenue Department Act 1952 (repealed)
183 Consequential amendment to Land and Income Tax Act 1954 (repealed)
184 Consequential amendments
Schedule 1
Schedule 2
Schedule 3