Workers employed by the Crown etc.[1]
4 Workers employed by the Crown etc.[1]
S. 4(1) substituted by No. 8733 s. 4.
This Act shall apply to workers employed by or under the Crown or any Government department in all cases where this Act would apply if the employer were a private person.
S. 4(1A) inserted by No. 8733 s. 4.
For the purposes of this Act—
a responsible Minister of the Crown;
a member of the Legislative Council or the Legislative Assembly;
a person holding any judicial or other public office to which he is appointed by the Governor in Council (not being an office of member of a corporation institution or body or the governing body thereof prescribed for the purposes of subsection (1B))—
shall be deemed to be a worker employed by or under the Crown.
S. 4(1B) inserted by No. 8733 s. 4.
For the purposes of this Act any person being the holder of any prescribed office as member of any public or other corporation institution or body or of the governing body thereof shall be deemed to be a worker employed thereby or thereunder.
S. 4(1C) inserted by No. 8733 s. 4, amended by No. 37/2014 s. 10(Sch. item 186(a)).
For the purposes of this Act every police officer, protective services officer or police reservist shall be deemed to be employed by the Crown under a contract of service, and notwithstanding any rule of law to the contrary, that contract of service and the relationship of master and servant shall be deemed to exist between the Crown and each police officer, protective services officer or police reservist in respect of the exercise and performance by him of all his powers and duties as such a police officer, protective services officer or police reservist, whether arising at common law or under any statute or by the instructions of his superiors or otherwise.
All proceedings for or in respect of claims under this Act against the Crown or any Government department shall be taken in accordance with the provisions of this Act as if the claim were against a private person:
S. 4(2) Proviso amended by Nos 10191 s. 270(2)(a), 67/1992 s. 64(11)(a) (as amended by No. 50/1993 s. 111(2)(c)).
Provided that the County Court or Administrative Appeals Tribunal may make rules providing for any matter or thing necessary or convenient to be provided for with respect to claims against the Crown or any Government department or any matter arising out of any such claim.
S. 4(3) amended by Nos 10191 s. 270(2)(b), 31/1994 s. 3(Sch. 1 item 67).
Notwithstanding anything in this Act any sum payable under this Act in respect of any claim against the Crown or any Government department or in respect of premiums payable before the appointed day by the Crown or any Government department may with the authority of the responsible Minister of the Crown administering the department concerned be paid out of any moneys available for the purpose, or out of any accident or insurance fund or fund in the nature of an accident or insurance fund established pursuant to any Act of Parliament and available for the purpose or out of moneys otherwise available for the purpose.
The exercise and performance of the powers duties or functions of any body of persons corporate or unincorporate shall for the purposes of this Act be treated as the trade or business of such corporation or body of persons. In this subsection body of persons unincorporate does not include an unincorporate body of persons temporarily associated together for any purpose other than that of personal gain which employs workers for a period not exceeding three consecutive days.
S. 4(5) inserted by No. 37/2014 s. 10(Sch. item 186(b)).
In this section—
police officer has the same meaning as in the Victoria Police Act 2013;
police reservist has the same meaning as in the Victoria Police Act 2013;
protective services officer has the same meaning as in the Victoria Police Act 2013.
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