(3) This section applies in relation to deaths occurring on or after the appointed day but nothing in this section affects any payment of compensation made before the day on which section 4 of the Accident Compensation (Further Amendment) Act 1992 comes into operation. S. 5 substituted by No. 67/2013 s. 625. 5 Definitions s. 5 (1) In this Act— appointed day means four o'clock in the afternoon of the day before the proclaimed day; first entitlement period has the meaning given by section 91E; personal and household service means the provision of one or more of the following of a kind or type, and by a person, approved by the Authority— (a) attendant care; (b) counselling; (c) household help; (d) transportation costs; (e) at the request of a medical practitioner, an aid, assistance, appliance, apparatus or service, other than a medical service, hospital service or nursing service— and includes a rehabilitation service provided under this Act as in force before the commencement of section 80 of the Accident Compensation (WorkCover Insurance) Act 1993; S. 5(1) def. of police officer inserted by No. 37/2014 s. 10(Sch item 2.1). police officer has the same meaning as in the Victoria Police Act 2013;
(b) in relation to compensation in the form of weekly payments of pension under section 92B—the first 52 weeks after the death of the worker. S. 5AE inserted by No. 80/2010 s. 21. 5AE Definition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work s. 5AE In relation to pre-injury average weekly earnings and current weekly earnings, the ordinary hours of work— (a) in the case of a worker to whom an industrial award applies are— (i) if the ordinary hours of work in relation to a week are agreed or determined in accordance with an industrial award between the worker and the employer—those hours; S. 5AE(a)(ii) substituted by No. 67/2013 s. 626(5) (as amended by No. 44/2014 s. 24(26)). (ii) in any other case, the worker's average weekly hours during the relevant period (excluding from that period any week during which the worker did not actually work and was not on paid leave at the base rate of pay); (b) in the case of a worker to whom an industrial award does not apply— (i) if the ordinary hours of work are agreed between the worker and the employer, those hours; S. 5AE(b)(ii) substituted by No. 67/2013 s. 626(6) (as amended by No. 44/2014 s. 24(26)). (ii) in any other case, the worker's average weekly hours during the relevant period (excluding from that period any week during which the worker did not actually work and was not on paid leave at the base rate of pay).
Pt 2 (Headings and ss 18–38) amended, repealed by No. 67/2013 s. 627(3). * * * * * Pt 3 (Heading and ss 39–80) amended, repealed by No. 67/2013 s. 627(3). s. 18 * * * * * Division 1—Application New s. 80 inserted by No. 95/2003 s. 15. 80 Entitlement to compensation only if employment connected with Victoria s. 80 (1) There is no entitlement to compensation under this Act other than in respect of employment that is connected with this State. (2) The fact that a worker is outside this State when the injury happens does not prevent an entitlement to compensation arising under this Act in respect of employment that is connected with this State. (3) A worker's employment is connected with— (a) the State in which the worker usually works in that employment; or (b) if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or (c) if no State or no one State is identified by paragraph (a) or (b), the State in which the employer's principal place of business in Australia is located.
(c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any preexisting injury or disease. Note Sections 82(2B) and 82(2C) only apply to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 262. S. 82(3) substituted by No. 64/1989 s. 9(1), amended by No. 9/2010 s. 13(2). (3) If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted, there is no entitlement to compensation in respect of that injury. S. 82(4) amended by No. 64/1989 s. 9(2), substituted by No. 9/2010 s. 13(3). (4) Subject to sections 82A, 82B and 82C, if it is proved that an injury to a worker is attributable to the worker's serious and wilful misconduct (including, but not limited to, being under the influence of intoxicating liquor or a drug), there is no entitlement to compensation in respect of that injury. S. 82(4A) inserted by No. 83/1987 s. 36, amended by Nos 64/1989 s. 37(1)(b), 94/2003 s. 40, 93/2009 s. 49(5), repealed by No. 9/2010 s. 13(3). * * * * * s. 82 S. 82(5) amended by No. 9/2010 s. 13(4). (5) Subsection (4) shall not apply if the injury results in death or severe injury.
S. 85(2)(b) amended by No. 95/2003 s. 19(3)(b). (b) judgment for damages has not been given or entered— in respect of the injury under the law of any place outside Victoria (whether within or outside Australia), the worker or in the case of the death of the worker the worker's dependants shall be entitled to compensation under this Act as if there were no right of action under the law of any place outside Victoria. S. 85(3) amended by No. 95/2003 s. 19(4)(a)(b). (3) A person who has a right of action in respect of an injury under the law of any place outside Victoria (whether within or outside Australia) shall not be entitled to claim compensation in respect of the injury under this Act if in respect of the injury under the law of any place outside Victoria— S. 85(3)(a) amended by No. 95/2003 s. 19(4)(c). s. 85 (a) the person has been paid or recovered any amount of damages; S. 85(3)(b) substituted by No. 95/2003 s. 19(4)(d). (b) judgment for damages has been given or entered; (c) any payment into court has been accepted; (d) there has been a settlement or compromise of any claim; or S. 85(3)(e) amended by No. 95/2003 s. 19(4)(e). (e) any action for damages is pending. S. 85(4) amended by No. 95/2003 s. 19(5)(c). (4) If—
Note current work capacity is defined (section 5(1)) as a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment. S. 86(1A) inserted by No. 80/2010 s. 49. (1A) For the purposes of subsection (1), a disease suffered by a worker is to be regarded as due to the nature of employment if, and only if, the nature of the employment gave rise to a significantly greater risk of the worker contracting the disease than had the worker not been employed in employment of that nature. S. 86(2) inserted by No. 95/2003 s. 3(7)(c). (2) Despite subsection (1), compensation is not payable in respect of a disease to the extent that the disease consists of, is caused by, results in or is associated with a heart attack injury or a stroke injury unless the worker's employment was a significant contributing factor to the disease or to the injury. Note This section in its current form only applies to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 263. 87 Proclaimed diseases s. 87 S. 87(1) amended by No. 67/1992 s. 64(7)(a). (1) The Governor in Council, after consultation by the Minister with the Authority, may by proclamation published in the Government Gazette from time to time proclaim diseases in relation to places, processes or occupations for the purpose of this section. S. 87(2) amended by Nos 67/1992 s. 64(7)(a), 50/1993 s. 78(1)(d), 81/1998 s. 23(b). (2) Without derogating from section 86, if at the time a claim was made a proclamation under subsection (1) was in force and— (a) the worker has been employed at any place or in any process or occupation proclaimed under subsection (1); and
(5) In determining whether a spouse was wholly, mainly or in part dependent on the worker at the time of the death of the worker or other relevant time, no regard shall be had to any money which the spouse had earned or was earning by his or her own personal exertion or to any savings arising from any such earnings. S. 92(6) amended by Nos 67/1992 s. 64(9)(a), 50/1993 s. 78(1)(c), 50/1994 s. 37(1), 9/2010 s. 67(4). (6) If there are both total and partial dependants, the court, the Authority or self-insurer shall determine the amount of compensation payable and shall allot the compensation to the total dependants and to the partial dependants in such proportions as it determines. S. 92(7) substituted by No. 67/1992 s. 64(9)(b), amended by Nos 50/1993 s. 78(1)(c), 50/1994 s. 37(1), substituted by No. 9/2010 s. 67(5). (7) A dependant is entitled to interest at the prescribed rate on an amount of compensation determined in accordance with this section— (a) in the case of a determination by the respect of the period beginning on the date the claim for compensation was lodged in accordance with section 103 and ending on the date of the determination; or (b) in the case of a determination made by the Authority or self-insurer—in respect of the period beginning on the date the claim was lodged in accordance with section 103 and ending on the date the Authority or selfinsurer makes the determination. S. 92A inserted by No. 107/1997 s. 27(1). 92A Revised compensation for death of worker s. 92A (1) In this section— S. 92A(1) def. of child amended by No. 9/2010 s. 68(1). child means a person who— (a) is under the age of 16 years; or court—
(i) 95 per cent of the worker's pre-injury average weekly earnings; or S. 92B(3)(a)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (ii) twice the State average weekly earnings— whichever is the lesser; and (b) from the end of the first 13 weeks after the death until the end of 3 years after the death— S. 92B(3)(b)(i) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's preinjury average weekly earnings or twice the State average weekly earnings, whichever is the lesser; or S. 92B(3)(b)(ii) amended by Nos 102/2004 s. 38(1)(i), 9/2010 s. 39(1). (ii) if the worker leaves not more than 5 dependent children who are entitled to a pension under this section and subsection (11) applies, an amount calculated in accordance with the formula— where— s. 92B N is the number of dependent children so entitled; or S. 92B(3)(b)(iii) amended by Nos 102/2004 s. 38(1)(j), 9/2010 s. 39(2). (iii) if the worker leaves more than 5 dependent children who are entitled to a pension under this section and subsection (11) applies, two thirds of twice the State average weekly earnings. S. 92B(4) amended by No. 27/2001 s. 4(Sch. 2 item 1.5(b)). (4) If the worker leaves 2 or more dependent partners, each partner is entitled to a weekly pension at the rate of an equal of share of—
(a) the inquiry into, hearing and determination of any question or matter under this Act; (b) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; (c) seeking any order under the Administrative Law Act 1978; (d) any other action or proceeding. S. 93 substituted by No. 64/1989 s. 10. 93 Compensation in weekly payments s. 93 If a worker's incapacity for work results from, or is materially contributed to by, an injury which entitles the worker to compensation, the compensation shall be in the form of weekly payments subject to and in accordance with this Part. S. 93A inserted by No. 64/1989 s. 10, substituted by No. 67/1992 s. 15, amended by Nos 50/1993 ss 78(1)(d), 91(a)(b), 50/1994 s. 38(1), 7/1996 s. 49(a), 81/1998 s. 23(b), 102/2004 s. 38(1)(l), substituted by No. 9/2010 s. 31. 93A Weekly payments in first entitlement period (1) In relation to a claim for compensation in the form of weekly payments made by a pre12 November 1997 claimant, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the first entitlement period, to weekly payments—
S. 93A(1)(a) amended by No. 67/2013 s. 630(1)(b). (a) if the worker has no current work capacity and no current weekly earnings, at the rate of— (i) 95 per cent of the worker's pre-injury average weekly earnings; or S. 93A(1)(a)(ii) amended by Nos 80/2010 s. 82(n), 67/2013 s. 632(n). (ii) $1210— whichever is the lesser; S. 93A(1)(b) amended by No. 67/2013 s. 630(1)(c). (b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of— (i) the difference between 95 per cent of the worker's pre-injury average weekly earnings and the worker's current weekly earnings; or S. 93A(1)(b)(ii) amended by Nos 80/2010 s. 82(n), 67/2013 s. 632(n). (ii) the difference between $1210 and the worker's current weekly earnings— whichever is the lesser. (2) In relation to a claim by a worker for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 12 November 1997 and before 5 April 2010, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the first entitlement period, to weekly payments— S. 93A(2)(a) amended by No. 67/2013 s. 630(1)(d). (a) if the worker has no current work capacity and no current weekly earnings, at the rate of— s. 93A
(i) 95 per cent of the worker's pre-injury average weekly earnings; or S. 93A(2)(a)(ii) amended by Nos 80/2010 s. 82(o), 67/2013 s. 632(o). (ii) $1510— whichever is the lesser; S. 93A(2)(b) amended by No. 67/2013 s. 630(1)(e). (b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of— (i) the difference between 95 per cent of the worker's pre-injury average weekly earnings and the worker's current weekly earnings; or S. 93A(2)(b)(ii) amended by Nos 80/2010 s. 82(o), 67/2013 s. 632(o). (ii) the difference between $1510 and the worker's current weekly earnings— whichever is the lesser. (3) In relation to a claim by a worker for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 5 April 2010, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the first entitlement period, to weekly payments— s. 93A S. 93A(3)(a) amended by No. 67/2013 s. 630(1)(f). (a) if the worker has no current work capacity and no current weekly earnings, at the rate of—
whichever is the lesser; S. 93C(2)(b) amended by Nos 80/2010 s. 82(r), 67/2013 s. 632(r), substituted by No. 67/2013 s. 630(2). (b) if the worker is a pre-12 November 1997 claimant who does not have a serious injury, at the rate of— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 percent of those current weekly earnings; or (ii) the difference between $1210 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings— whichever is the lesser; S. 93C(2)(c) amended by Nos 80/2010 s. 82(s), 67/2013 s. 632(s), substituted by No. 67/2013 s. 630(2). (c) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 12 November 1997 and before 5 April 2010 at the rate of— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those earnings; or s. 93C (ii) the difference between $1510 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings— whichever is the lesser; S. 93C(2)(d) amended by No. 80/2010 s. 50(2)(e), substituted by No. 67/2013 s. 630(2). s. 93CA (d) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 5 April 2010 at the rate of—
the worker receives as compensation in the form of weekly payments in respect of the injury; and (c) that the Authority or self-insurer is required to pay the contributions to a complying fund nominated by the worker; and (d) that the worker is required to nominate a complying fund to the Authority or and (e) that contributions cannot be paid to the nominated complying fund unless the worker, or the worker's employer on behalf of the worker, has provided details of the worker's tax file number to the trustee of the nominated complying fund; and (f) that the worker is entitled to nominate a different complying fund, but not more than once in any period of 12 months; and (g) that, if the worker does not nominate a complying fund, or does not provide sufficient details to enable contributions to be paid to a complying fund, within 3 months after the date on which the notice under this subsection is given to the worker, the Authority or self-insurer is not liable to pay compensation in the form of superannuation contributions in respect of any period before it receives those details. S. 93CE(5) amended by No. 80/2010 s. 56(b). (5) Subject to subsection (1), payment under this section must be made to the worker's nominated complying fund— s. 93CE (a) in the case of the Authority, within— (i) 30 days after it is informed by the worker's employer that compensation in the form of weekly payments has been paid; or
S. 97(2AA) inserted by No. 7/1996 s. 21(1), amended by Nos 107/1997 s. 30(8), 81/1998 s. 23(a). (2AA) If a worker ceases to reside in Australia and subsequently claims to be entitled to the payment of weekly payments, the worker must in addition to establishing his or her entitlement satisfy the Authority or self-insurer that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity. S. 97(2A) inserted by No. 50/1994 s. 40(2), amended by No. 81/1998 s. 23(a). (2A) If a worker who is receiving weekly payments is temporarily absent from Australia, his or her entitlement to weekly payments is limited to a maximum aggregate period of 28 days in respect of any certificate or certificates provided by a medical practitioner outside Australia unless the Authority or self-insurer is satisfied that there are special circumstances which justify the extension of that period for a further period as is specified in the certificate. S. 97(3) amended by Nos 67/1992 s. 64(7)(a), 50/1993 s. 78(1)(c), 50/1994 s. 40(3), 7/1996 s. 21(2), 107/1997 s. 30(8), 81/1998 s. 23(a). s. 97 (3) If the Authority or self-insurer is satisfied that the worker has no current work capacity and is likely to continue indefinitely to have no current work capacity, a worker to whom subsection (2) or (2AA) applies is entitled to receive at quarterly intervals the amount of weekly payments accruing due during the preceding quarter if the worker proves in the prescribed manner and at the prescribed intervals— (a) his or her identity; and (b) the continuance of the incapacity in respect of which the weekly payment is made. (4) Compensation under this Act is absolutely inalienable whether by way or in consequence of any sale, assignment, charge, execution, bankruptcy, attachment, legal process or by operation of law or any other means and no claim may be set off against compensation under this Act.
(b) shall be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. S. 98E(4) amended by No. 82/2001 s. 14. (4) An approval by the Minister for the purposes of subsection (3)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister. S. 98E(5) amended by Nos 102/2004 s. 40(a), 80/2010 s. 61(1)(d). (5) If a worker suffers on the same occasion more than one of the injuries mentioned in the Table in Schedule 3B the worker is not in any case entitled to receive as compensation under subsection (1) more than $252 250. (6) Compensation under this section is not payable after the death of the worker concerned. S. 98E(7) inserted by No. 80/2010 s. 61(2). (7) The amount of compensation for an injury that is a total loss mentioned in the Table in Schedule 3B is to be calculated as at the date of the relevant injury. Pt 4 Div. 2B (Heading) inserted by No. 80/2010 s. 77. Division 2B—Compensation for medical and like services New s. 99AAA inserted by No. 80/2010 s. 77. 99AAA Definitions s. 99AAA (1) In this Division— family member means a partner, parent, sibling or child of the worker or of the worker's partner; parent of a worker includes a person who has day to day care and control of the worker;
(11) Subsection (10) does not apply in relation to a worker or a worker's legal personal representative or a dependant in respect of the payment or recovery of costs of professional services provided by a person after the worker, representative or dependant has been informed in writing by the Authority or self-insurer that a determination or order against that person has been made under section 249AA, 249AB, 249B or 249BA. (12) Nothing in this section renders the Authority, a self-insurer or the employer liable to pay as compensation the cost of the provision to, or for, a worker of any of the following things unless the provision of a particular thing to the worker is a medical service, or a hospital service, provided as a result of the injury— (a) accommodation (including costs such as rent, bonds, rates, accommodation costs levied in accordance with Commonwealth legislation, capital contributions and costs associated with the buying or selling of property, but not including contributions or costs for which the Authority is liable under section 99AC(5)); s. 99 (b) food or household or personal items; (c) power, water or any other service provided by a utility; (d) room temperature controls; (e) any other thing specified by the regulations for the purposes of this subsection.
S. 104B(2) amended by No. 81/1998 s. 23(a), substituted by No. 102/2004 s. 5(2), amended by No. 41/2006 s. 19(4)(a). (2) The Authority or self-insurer must within 120 days of receiving a claim made by the worker or in the case of a claim initiated by the Authority or self-insurer, within 120 days of the relevant date— S. 104B(2)(a) amended by No. 41/2006 s. 19(4)(b). (a) if the claim is a claim made by the worker, accept or reject liability for each injury included in the claim; (b) obtain an assessment or assessments in accordance with section 91 as to the degree of permanent impairment (if any) of the worker resulting from the injury or injuries in respect of which liability is accepted; (c) after taking into account the assessment or assessments obtained under paragraph (b), determine the degree of permanent impairment (if any) of the worker for each of the purposes of— s. 104B (i) section 98C; (ii) section 134AB; (iii) Subdivision 1 of Division 3A; S. 104B(2)(d) amended by No. 80/2010 s. 62(b). (d) determine whether the worker has an injury which is a total loss mentioned in the Table in Schedule 3B; (e) calculate any entitlement to compensation under section 98C or 98E; (f) advise the worker as to— S. 104B(2)(f)(i) amended by No. 41/2006 s. 19(4)(c). (i) if the claim is a claim made by the worker, the decision to accept or reject liability for each injury included in the claim;
the day on which the claim is received by the Authority or self-insurer; or (b) if the worker advises the Authority or self-insurer that he or she disputes the written statement under subsection (5C), the day on which the dispute is resolved; or (c) if the worker does not make a claim or dispute the statement within the period specified under subsection (5D), the day on which that period expires; or s. 104B (d) if the worker accepts the written statement of the injury or injuries under subsection (5C), the day on which the Authority or self-insurer receives the advice of the worker that he or she accepts the written statement of the injury or injuries. S. 104B(2A) inserted by No. 102/2004 s. 5(2). (2A) The Authority or self-insurer is not bound by the assessment or assessments obtained under subsection (2)(b) in determining the degree of permanent impairment (if any) under subsection (2)(c). S. 104B(3) amended by Nos 81/1998 s. 23(a), 102/2004 s. 5(3), 41/2006 s. 19(6). (3) If the Authority or self-insurer rejects liability in relation to the injuries included in the claim made by the worker and the worker disputes the decision as to liability, the worker must not commence proceedings in relation to the claim made by the worker unless the worker first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and until the Conciliation Officer has issued a certificate under section 49.
S. 110 substituted by No. 50/1994 s. 50. 110 Application by worker to alter amount of weekly payments s. 110 S. 110(1) amended by No. 81/1998 s. 23(o). (1) A worker who is receiving weekly payments may apply in writing to the Authority or self-insurer for an increase or reduction in the amount of the payments and must specify in the application the reasons for so applying and provide with the application any supporting evidence. S. 110(2) amended by No. 81/1998 s. 23(o). (2) Within 28 days after receiving an application, the Authority or self-insurer must— (a) approve or reject the application; and (b) give the worker and the employer written notice of its decision, including, in the case of rejection, a statement of the reasons for the decision. S. 111 substituted by No. 50/1994 s. 50, amended by Nos 63/1996 s. 98(Sch. item 1.2), 107/1997 s. 30(10), 81/1998 s. 23(o), 28/2005 s. 22, repealed by No. 67/2013 s. 635(2). * * * * *
S. 114(11)(b) amended by No. 81/1998 s. 23(o). (b) has provided the worker's employer, or where applicable, the Authority or with a certificate of capacity in accordance with section 111— the Authority or self-insurer must not terminate or reduce weekly payments during the period of incapacity so specified without giving the worker the required period of notice of intention to do so. S. 114(12) amended by No. 81/1998 s. 23(o). (12) If weekly payments are terminated or reduced in contravention of subsection (11), the worker may recover from the Authority or self-insurer an amount of compensation that— (a) if no period of notice has been given—is equal to the amount of compensation or additional compensation, that would have been payable during the required period of notice if weekly payments had not been terminated or reduced; or (b) if less than the required period of notice has been given—is equal to the amount of compensation that would have been payable during the balance of the required period of notice if weekly payments had not been terminated or reduced. S. 114(13) amended by No. 9/2010 s. 130(3)(a). (13) The required period of notice, unless expressly otherwise provided in this Act is— s. 114 (a) if the worker has been receiving weekly payments of compensation for a continuous period of at least 12 weeks but less than 1 year—14 days; or S. 114(13)(b) amended by No. 41/2006 s. 20(a). (b) if the worker has been receiving weekly payments of compensation for a continuous period of 1 year or more—28 days; or
both of those dates but for the operation of section 96(2); and (c) who has been assessed in respect of the injury as having either— (i) no current work capacity and as likely to continue indefinitely to have no current work capacity; or S. 116(1)(c)(ii) amended by No. 9/2010 s. 33(3)(c). (ii) a serious injury within the meaning of section 91E; and (d) who had, as at 3 September 2001, received weekly payments in respect of the injury for at least 104 weeks. (2) In this section notification date means the date on which the Authority or self-insurer receives an expression of interest from the worker under section 119. New s. 116A inserted by No. 82/2001 s. 3. 116A Right to apply for settlement s. 116A S. 116A(1) amended by No. 80/2010 s. 78(j). (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than Division 2B of Part IV) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. Note Although this Subdivision is intended to come into operation on the day after the Accident Compensation (Amendment) Act 2001 receives the Royal Assent, section 119(4) will have the effect of delaying the application process under this Subdivision. The process can be delayed from starting until a date that can be no later than 1 July 2002.
Pt 4 Div. 3A Subdiv. 3 (Heading and ss 117–117G) inserted by No. 82/2001 s. 3. Subdivision 3—Other settlements in specific circumstances New s. 117 inserted by No. 82/2001 s. 3, amended by No. 80/2010 s. 78(k). 117 Who this Subdivision applies to s. 117 This Subdivision applies to a worker who is receiving, or who is entitled to receive, compensation under this Act (other than Division 2B of Part IV) if— S. 117(a) amended by No. 41/2006 s. 5(6). (a) the claim for the payment of weekly payments was received by the Authority or a self-insurer before 1 January 2005 and the worker— (i) is over the age of 55 years; and (ii) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and (iii) has been receiving weekly payments for at least 104 weeks; or S. 117(aa) inserted by No. 41/2006 s. 5(7). (aa) the claim for the payment of weekly payments was received by the Authority or self-insurer on or after 1 January 2005 and the worker— (i) is over the age of 55 years; and (ii) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and (iii) has been receiving weekly payments for at least 130 weeks; or
Ss inserted by No. 82/2001 s. 3, repealed by No. 80/2010 s. 73. * * * * * Pt 4 Div. 3A Subdiv. 4 (Heading and ss 118–118C) inserted by No. 82/2001 s. 3. Subdivision 4—Other settlements New s. 118 inserted by No. 82/2001 s. 3. 118 Application of this Subdivision s. 118 This Subdivision applies if— S. 118(a) amended by No. 80/2010 s. 78(m). (a) a worker is receiving, or is entitled to receive, compensation under this Act (other than Division 2B of Part IV) with respect to an injury; and S. 118(b) amended by No. 67/2013 s. 635(8). (b) the regulations state that the worker may apply for the settlement of his or her entitlement under the Act (other than Division 2B of Part IV) in any particular circumstances specified by the regulations. New s. 118A inserted by No. 82/2001 s. 3. 118A Right to apply for settlement S. 118A(1) amended by No. 80/2010 s. 78(n). (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than Division 2B of Part IV) with respect to the injury. (2) The application must be made in accordance with Subdivision 5.
S. 124(2) inserted by No. 67/2013 s. 637(1). (2) This Division does not apply to the liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 1 July 2014. 125 Liability to pay compensation S. 125(1AAA) inserted by No. 50/1993 s. 75(1). (1AAA) This section does not apply to the liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 4 p.m. on 30 June 1993. s. 125 (1) Where a worker or a worker's dependants are entitled to compensation, the liability to pay compensation shall be assumed— S. 125(1)(a) amended by Nos 83/1987 s. 67(a), 67/2013 s. 637(2). (a) if the total amount of leviable remuneration paid or payable by an employer during a financial year exceeds the exemption limit within the meaning of section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013—by the worker's employer in the case of— S. 125(1)(a)(i) substituted by No. 83/1987 s. 67(b), amended by No. 107/1997 s. 30(11)(v). (i) weekly payments in respect of a worker who has no current work capacity or has a current work capacity, being a full-time worker for the first five days of the period of incapacity resulting from the relevant injury; and S. 125(1)(a)(ii) amended by No. 48/1986 s. 20(a), substituted by No. 83/1987 s. 67(b), amended by No. 107/1997 s. 30(11)(v). (ii) a proportion of the weekly payments in respect of a worker who has no current work capacity or has a current work capacity who is not a full-time worker with that employer for the first five days of the period of incapacity resulting from the relevant injury; and
such manner as is, and upon such terms as are, agreed or, in default of agreement, as are determined in accordance with the provisions of this Division by a court to be just and equitable. S. 129Q inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129Q Notice of proceedings s. 129Q (1) The defendant in a common law proceeding made or brought (as the case may be) after the appointed day shall give to the Authority notice in writing of the proceeding within 14 days after the defendant receives notice of the proceeding or within 28 days after the commencement of the Accident Compensation (Further Amendment) Act 1988, whichever is the later. (2) The common law insurer in respect of the common law proceeding shall give to the Authority notice in writing of the proceeding within 14 days after the insurer receives notice of the proceeding or within 28 days after the commencement of the Accident Compensation (Further Amendment) Act 1988, whichever is the later. S. 129R inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129R Conduct of defence (1) The defendant or the common law insurer is not entitled to conduct the defence of the common law proceeding unless— (a) the defendant or common law insurer, within 14 days after the last date for giving notice under section 129Q undertakes to the Authority in writing that the defendant or common law insurer, as the case requires, will conduct the defence of the common law proceeding; and
(c) be accompanied by— (i) a copy of all medical reports; and (ii) affidavits attesting to other material— existing when the application is made and of which the worker or his or her legal representative is aware and on which the worker intends to rely, or the substance of which the worker intends to adduce in evidence, in proceedings in accordance with this section or in any related proceedings. S. 134AB(5AA) inserted by No. 9/2010 s. 57(1). (5AA) An authority to release information referred to in subsection (5)(b) has effect and cannot be revoked by the worker— (a) until all proceedings brought in accordance with this section have been heard and determined or compromised; or (b) the worker withdraws his or her application. S. 134AB(5A) inserted by No. 102/2004 s. 7. (5A) A copy of any claim under section 104B referred to in subsection (3) and of an application under subsection (4) must be served on each person against whom the applicant claims to have a cause of action. s. 134AB (6) If the worker unreasonably refuses to comply with a request by the Authority or self-insurer that the worker submit to a medical examination, to be paid for by the Authority or self-insurer, or in any way hinders such an examination, the period between the date on which the worker so refused to comply, or hindered the examination, and the date of the examination must be disregarded in calculating the period referred to in subsection (7).
(11) In proceedings in accordance with this section, a medical report or other material is inadmissible in evidence— (a) on behalf of the Authority or self-insurer if— (i) it was in existence, and the employer, Authority or self-insurer, or the legal representative or any of them, was aware of it, before the date by which the advice of the Authority or is required to be given under subsections (7) and (8); and (ii) it had not been disclosed to the worker in accordance with subsections (7) and (8); or (b) on behalf of the worker if— (i) it was in existence, and the worker or the worker's legal representative was aware of it, before the expiration of 28 days after receiving the advice under subsections (7) and (8); and (ii) it had not been disclosed to the other party in accordance with subsection (5) or (10). S. 134AB(12) amended by No. 82/2001 s. 22(1)(a). s. 134AB (12) The worker must not commence proceedings in accordance with this section, other than an application under subsection (16)(b) or the commencement of proceedings with the consent of the Authority under subsection (20) or (20A), unless— (a) the worker and the Authority or self-insurer hold, or begin, a conference within 21 days after the response date; and (b) the Authority or self-insurer makes a statutory offer in writing in settlement or compromise of the claim at that conference,
applicable, the reasonableness of the worker's attempts to participate in rehabilitation or retraining, a capacity for any employment including alternative employment or further or additional employment which, if exercised, would result in the worker earning more than 60 per centum of gross income from personal exertion as determined in accordance with paragraph (f) had the injury not occurred; s. 134ABAA (h) the psychological or psychiatric consequences of a physical injury are to be taken into account only for the purposes of paragraph (c) of the definition of serious injury and not otherwise; (i) the physical consequences of a mental or behavioural disturbance or disorder are to be taken into account only for the purposes of paragraph (c) of the definition of serious injury and not otherwise; S. 134AB (38)(j) amended by No. 9/2010 s. 57(8)(b). (j) the assessment of serious injury shall be made at the time that the application is heard by the court, unless sections 134ABAA and 135BBA apply; (k) the monetary thresholds and statutory maximums specified by or under subsection (22) must be disregarded for the purposes of the assessment of serious injury. S. 134ABAA inserted by No. 9/2010 s. 58. s. 134ABAA 134ABAA Determination of serious injury application following death of worker (1) This section applies if— (a) a worker dies; and (b) the worker made an application served under section 134AB(4) before his or her death; and
(2) A worker may recover damages in respect of an injury arising out of, or in the course of, or due to the nature of, employment— (a) if employment of that nature was a significant contributing factor, and the injury is a serious injury and arose on or after 1 December 1992; or (b) if the injury is a serious injury and arose before that date but the incapacity arising from the injury did not become known until that date or a later date. S. 135A(2A) inserted by No. 7/1996 s. 32(1). (2A) Subject to subsection (2D), a worker may not bring proceedings in accordance with this section unless a determination of the degree of impairment of the worker has been made under subsection (3). S. 135A(2AA) inserted by No. 84/2000 s. 37. (2AA) For the purposes of the procedures relating to an application for a determination from a worker made under subsection (2B) and received by the Authority or a self-insurer after 10 August 2000 but before 1 September 2000, subsections (2B), (2D) and (2DB) have effect as if the reference in each of those subsections to 120 days was a reference to 210 days. S. 135A(2B) inserted by No. 7/1996 s. 32(1), amended by Nos 107/1997 s. 47(2), 81/1998 s. 25(9). (2B) Subject to subsection (2C), the Authority or must make a determination under subsection (3) within 120 days of receiving a written application for a determination from the worker. s. 135A S. 135A(2BA) inserted by No. 107/1997 s. 47(3). (2BA) An application under subsection (2B)— (a) must be in a form approved by the Authority; and (b) must be accompanied by— (i) a copy of all medical reports; and
(ii) affidavits attesting to such other material— existing when the application is made and of which the worker or his or her legal representative is aware and on which the worker intends to rely, or the substance of which the worker intends to adduce in evidence, in proceedings in accordance with this section or in any related proceedings. S. 135A(2BB) inserted by No. 107/1997 s. 47(3), amended by No. 81/1998 s. 25(9). (2BB) If the worker unreasonably refuses to comply with a request by the Authority or self-insurer that the worker submit to a medical examination, to be paid for by the Authority or self-insurer, or in any way hinders such an examination, the period between the date on which the worker so refused to comply, or hindered the examination, and the date of the examination must be disregarded in calculating the period of 120 days referred to in subsections (2B) and (2D). S. 135A(2C) inserted by No. 7/1996 s. 32(1), amended by No. 81/1998 s. 25(9). (2C) Despite subsection (2B), if the application is received during the first 104 weeks after the injury, the Authority or self-insurer may refuse to make a determination if the Authority or is not satisfied that the worker's injury has stabilised. S. 135A(2D) inserted by No. 7/1996 s. 32(1), substituted by No. 107/1997 s. 47(4), amended by No. 81/1998 s. 25(9). (2D) The Authority or self-insurer must, within 120 days of receiving the application, advise the worker in writing— s. 135A (a) of the determination; or (b) of the refusal to make a determination under subsection (2C). S. 135A(2DA) inserted by No. 107/1997 s. 47(5), amended by No. 81/1998 s. 25(9). (2DA) The advice referred to in subsection (2D) must be accompanied by— (a) a copy of all medical reports; and
(ii) if damages are assessed but cannot be awarded under this section, each party bears its own costs; and S. 135A(13) (b)(iii) amended by Nos 107/1997 s. 47(9)(b), 81/1998 s. 25(9). (iii) if damages are awarded, costs are to be awarded against the Authority or s. 135A S. 135A(13A) inserted by No. 107/1997 s. 47(10). (13A) In proceedings for the recovery of damages commenced in accordance with this section after a statutory offer was made, or deemed to have been made, under subsection (2DE)— S. 135A (13A)(a) amended by No. 81/1998 s. 25(9). (a) if no liability to pay damages is established, the worker must pay the party and party costs of the employer, Authority or and the worker's own costs; S. 135A (13A)(b) amended by No. 81/1998 s. 25(9) (b) if judgment is obtained or a settlement or compromise is made in an amount not less than 90 per cent of the worker's statutory counter offer under subsection (2DE) and more than the statutory offer of the Authority or self-insurer, the Authority or self-insurer must pay the worker's party and party costs and its own costs; S. 135A (13A)(c) amended by No. 81/1998 s. 25(9) (c) if judgment is obtained or a settlement or compromise is made in an amount not more than the statutory offer of the Authority or self-insurer under subsection (2DE), the worker must pay the party and party costs of the Authority or self-insurer and the worker's own costs; S. 135A (13A)(d) amended by No. 81/1998 s. 25(9) (d) if judgment is obtained or a settlement or compromise is made in an amount that is more than the statutory offer of the Authority or self-insurer under subsection (2DE) but less than 90 per cent of the worker's statutory
S. 135A(18)(a) amended by Nos 102/2004 s. 11(1), 41/2006 s. 15(4), 9/2010 s. 61(1). (a) where pecuniary loss damages are awarded, to pay weekly payments in respect of the injury; or s. 135A (b) where pain and suffering damages are awarded, to make payments under section 98 or 98A in respect of the injury. S. 135A(18AA) inserted by No. 9/2010 s. 61(2). (18AA) If judgment is obtained, or a compromise or a settlement is made, in respect of proceedings referred to in subsection (1) and the worker was, at the date of the judgment, compromise or settlement, still in receipt of compensation in the form of weekly payments, where pecuniary loss damages are awarded against the Authority, employer or self-insurer, the Authority, employer or self-insurer must, until the date on which a cheque is drawn for the purpose of payment of the judgment, compromise or settlement, pay to the worker a weekly amount equal to the net weekly amount that, but for subsection (18), would have been payable to the worker as compensation in the form of weekly payments in respect of the injury. S. 135A(18AB) inserted by No. 9/2010 s. 61(2). (18AB) Subsection (18AA) applies only in respect of proceedings referred to in subsection (1) against a sole defendant where that sole defendant was the worker's employer at the date of the injury the subject of the proceedings. S. 135A(18AC) inserted by No. 9/2010 s. 61(2). (18AC) An amount paid in accordance with subsection (18AA) is, to the extent of the payment, part satisfaction of the liability in respect of the judgment, settlement or compromise.
(19) In this section— S. 135A(19) def. of determination date inserted by No. 107/1997 s. 47(12), amended by No. 102/2004 s. 11(2). determination date, in relation to an injury, means the date on which— (a) the injury is determined, or deemed, in accordance with this section, or declared by a court, to be a serious injury; or (b) a certificate is issued under subsection (4)(a) in relation to the injury; or (c) any appeal by the Authority or a against a decision of a court to give leave under subsection (4)(b) is determined— whichever is applicable; S. 135A(19) def. of medical report inserted by No. 107/1997 s. 47(11). medical report means— (a) a statement in writing on medical matters concerning the worker, made by a medical practitioner; and (b) includes any document which the medical practitioner intends should be read with the statement, whether the document was in existence at the time the statement was made or was a document which he or she obtained or caused to be brought into existence subsequently; s. 135A pain and suffering damages means damages for pain and suffering, loss of amenities of life or loss of enjoyment of life; pecuniary loss damages means damages for loss of earnings, loss of earning capacity, loss of value of services or any other pecuniary loss or damage;
injury arising out of or in the course of, or due to the nature of, employment or an unrelated medical condition or injury gives rise to an imminent risk of death of the worker. S. 135BA(5) amended by No. 24/2008 s. 74(b). (5) If the Associate Judge of the Supreme Court does not grant the orders referred to in subsection (3), the Associate Judge of the Supreme Court must make an order that the proceedings be struck out on the grounds that this section does not apply and that the proceedings have not been brought in accordance with section 134AB or 135A. S. 135BA(6) amended by No. 24/2008 s. 74(b). (6) If the Associate Judge of the Supreme Court does grant the orders referred to in subsection (3), the worker can only recover damages in accordance with section 134AB, 135A or 135AC if the worker establishes that the worker has a serious injury within the meaning of section 134AB(38) or 135A(19). S. 135BBA inserted by No. 9/2010 s. 62. 135BBA Actions by terminally ill workers continued after death of worker s. 135BBA (1) This section applies if— (a) a worker dies after serving proceedings issued in reliance on section 135BA to commence proceedings, in accordance with section 134AB; and (b) the worker's death was not caused or materially contributed to by the injury to which the proceedings relate; and (c) at the time of the worker's death, the worker had a dependant or dependants within the meaning of section 134ABAA(8).
S. 252N inserted by No. 9/2010 s. 136, repealed by No. 67/2013 s. 640 (as amended by No. 44/2014 s. 24(33)). * * * * * S. 252O inserted by No. 80/2010 s. 120, repealed by No. 67/2013 s. 640 (as amended by No. 44/2014 s. 24(33)). * * * * * S. 252P inserted by No. 80/2010 s. 120. 252P Supreme Court—limitation of jurisdiction s. 252P It is the intention of section 99(10) as inserted by section 77 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010 to alter or vary section 85 of the Constitution Act 1975. Ss 252Q, 252R inserted by No. 80/2010 s. 120, repealed by No. 67/2013 s. 640 (as amended by No. 44/2014 s. 24(33)). * * * * * Ss 253AA, 253AB inserted by No. 80/2010 s. 121, repealed by No. 67/2013 s. 640 (as amended by No. 44/2014 s. 24(33)). * * * * *
section 98C, irrespective of when the injury occurred or when the claim for compensation under section 98C was made. (2) Despite subsection (1), the amendment of section 91 by section 25 of the Transport Accident and Accident Compensation Acts Amendment Act 2007 does not affect the rights of the parties in the proceedings known as Mountain Pine Furniture Pty Ltd v Taylor [2007] VSCA 146. (3) Despite subsection (1), section 91 as in force immediately before the commencement of section 25 of the Transport Accident and Accident Compensation Acts Amendment Act 2007 continues to apply if before that commencement a worker has— (a) made a claim for compensation under section 98C; and (b) attended, after the injury has stabilised, at least one independent impairment examination under section 104B(4) for the purposes of assessing the degree of impairment under section 104B(5) conducted in accordance with the decision in the proceedings known as Mountain Pine Furniture Pty Ltd v Taylor [2007] VSCA 146. S. 297 inserted by No. 60/2007 s. 28. 297 Section 99(1)(aa) s. 297 Section 99(1)(aa), as amended by section 26 of the Transport Accident and Accident Compensation Acts Amendment Act 2007, applies in respect of any claim for compensation made under that section after the commencement of section 26 of the Transport Accident and Accident Compensation Acts Amendment Act
whom another item of this Schedule applies) who is a student at a school within the meaning of Part 5.4 of the Education and Training Reform Act 2006 and is employed under a work experience arrangement or a structured workplace learning arrangement under that Part. average weekly earnings is the amount deemed by operation of section 5.4.9(6) of the Education and Training Reform Act 2006. Sch. 1A Column 1 Item Column 2 Class of worker at time of injury Column 3 Calculation of pre-injury average weekly earnings 13 Worker (not being a worker to whom another item of this Schedule applies) who is a student within the meaning of Part 5.4 of the Education and Training Reform Act 2006 and is employed under a practical placement agreement under that Part. The worker's pre-injury average weekly earnings is the amount deemed by operation of section 5.4.16(5) of the Education and Training Reform Act 2006. Sch. 1A Sch. 1 amended by Nos 57/1989 s. 3(Sch. item 3.5(a)–(c)), 67/1992 s. 64(7)(d) (i)(ii), repealed by No. 107/1997 s. 61, new Sch. 1 inserted by No. 82/2001 s. 7. SCHEDULE 1 Sch. 1 115B 117B Column 1 Column 2 Column 3 Column 1 Column 2 Column 3 18 427 75 42 267 74 19 422 75 43 258 74 20 416 75 44 249 74 21 411 75 45 240 73 22 406 75 46 231 73