S. 82(2A) inserted by No. 67/1992 s. 11(2), substituted by No. 9/2010 s. 12. (2A) There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury caused wholly or predominantly by any one or more of the following— (a) management action taken on reasonable grounds and in a reasonable manner by or on behalf of the worker's employer; or (b) a decision of the worker's employer, on reasonable grounds, to take, or not to take any management action; or (c) any expectation by the worker that any management action would, or would not, be taken or a decision made to take, or not to take, any management action; or (d) an application under section 81B of the Local Government Act 1989, or proceedings as a result of that application, in relation to the conduct of a worker who is a Councillor within the meaning of section 14AA. S. 82(2B) inserted by No. 95/2003 s. 3(5), amended by No. 9/2010 s. 13(1). (2B) There is no entitlement to compensation in respect of a heart attack injury or stroke injury that arises in the course of, or that was caused by, a disease, unless the worker's employment was a significant contributing factor to the injury or to the disease. S. 82(2C) inserted by No. 95/2003 s. 3(5), amended by No. 9/2010 s. 13(1). (2C) There is no entitlement to compensation in respect of the following injuries unless the worker's employment was a significant contributing factor to the injury— (a) a heart attack injury or stroke injury to which subsection (2B) does not apply; (b) a disease contracted by a worker in the course of the worker's employment
S. 82(8) inserted by No. 107/1997 s. 23. (8) If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this Act. S. 82(9) inserted by No. 107/1997 s. 23. (9) If this section operates to prevent a worker or the worker's dependants recovering compensation in respect of an injury, the worker or the worker's dependants cannot rely on this section to claim to be entitled to take any other action or proceedings in respect of the injury whether under this Act or otherwise. S. 82(10) inserted by No. 9/2010 s. 14. (10) In this section— management action, in relation to a worker, includes, but is not limited to, any one or more of the following— (a) appraisal of the worker's performance; (b) counselling of the worker; (c) suspension or stand-down of the worker's employment; (d) disciplinary action taken in respect of the worker's employment; (e) transfer of the worker's employment; (f) demotion, redeployment or retrenchment of the worker; (g) dismissal of the worker; (h) promotion of the worker; (i) reclassification of the worker's employment position; (j) provision of leave of absence to the worker;
S. 82D(c) amended by No. 80/2010 s. 48(a). (c) the amount by which each weekly payment had been reduced, or the amount that had not been paid, together with interest at the prescribed rate on each such amount, in respect of the period from the date on which the payment was due until the date on which the amount is paid; and S. 82D(d) inserted by No. 80/2010 s. 48(b). (d) all amounts of compensation not paid in accordance with section 82C and to which, but for the conviction or finding of guilt, the worker would have been entitled. S. 83 amended by Nos 48/1986 s. 14, 64/1989 s. 35(b)(i)(ii)(c), substituted by No. 67/1992 s. 12. 83 Out of or in the course of employment S. 83(1) amended by No. 50/1994 s. 33(1). (1) An injury to a worker is deemed to arise out of or in the course of employment for the purposes of section 82(1) and 82(2) if the injury occurs— (a) while the worker on any working day that the worker attended at the place of employment having been present at the place of employment is temporarily absent on that day during any authorised recess and does not during that absence voluntarily subject himself or herself to any abnormal risk of injury; (b) while the worker is, having regard to the nature of the worker's employment or any specific task which may require the worker to travel, travelling for the purposes of the worker's employment; S. 83(1)(c) amended by No. 50/1994 s. 33(2). (c) while the worker is in attendance at any school for the purposes of any trade,
shall be entitled to compensation in accordance with this Act. (3) For the purposes of this Act a worker who— (a) is employed by the Crown, any administrative unit or any public statutory body constituted by or under the law of Victoria; and S. 84(3)(b) amended by No. 95/2003 s. 17(2). (b) is directed by the Crown, administrative unit or public statutory body to work for or under the direction of any other person outside Victoria (whether within or outside Australia)— shall be deemed to continue to be employed by the Crown, administrative unit or public statutory body. S. 84(4) inserted by No. 83/1987 s. 37(2), amended by No. 95/2003 s. 17(1). (4) This section does not apply in respect of an injury caused to or suffered by a worker outside Australia if the worker— (a) has never resided in Australia; or (b) had ceased to reside in Australia at the time the injury occurred. S. 84B inserted by No. 95/2003 s. 18. 84B Person not to be compensated twice (1) Compensation under this Act is not payable in respect of an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia). (2) If a person receives compensation under this Act in respect of an injury and, in respect of the same injury, subsequently receives compensation under the laws of a place other than this State (whether within or outside Australia), the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and
further injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior injury; S. 89(1) def. of prior hearing loss inserted by No. 102/2004 s. 15(2). prior hearing loss means a loss of hearing for which a worker has received compensation under a Compensation law for loss of hearing; prior injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing. S. 89(2) amended by No. 102/2004 s. 15(3)(a)(b). (2) Subject to subsection (3A), a worker who suffers a further injury shall be entitled to receive in respect of the further injury, in addition to any other compensation payable under section 88, compensation in accordance with section 98C(3A), being compensation referrable to a percentage calculated in accordance with subsection (3) of the amount that would have been payable for a total loss of hearing. (3) The percentage shall be the difference between— S. 89(3)(a) amended by Nos 102/2004 s. 15(4)(a), 80/2010 s. 87(2)(a). (a) the total percentage of the diminution of hearing in respect of industrial deafness from which the worker was suffering immediately after the further injury in respect of which the claim is made; and Note to s. 89(3)(a) inserted by No. 28/2005 s. 17(1). Note The percentage NAL loss is to be determined in accordance with section 91(4). The percentage NAL loss is then converted in accordance with section 91(3). S. 89(3)(b) amended by Nos 102/2004 s. 15(4)(b), 80/2010 s. 87(2)(a). (b) the total percentage of the diminution of hearing in respect of industrial deafness immediately after the prior injury or prior hearing loss or in the case of more than one
the State so determined is to be recognised for the purposes of this Act as the State with which the worker's employment is connected. (2) This section does not prevent any appeal relating to any such determination of a court. If the determination is altered on appeal, the altered determination is to be recognised under subsection (1). (3) In this section— corresponding law means the provisions of the statutory workers compensation scheme of another State that corresponds with section 80; S. 91C(3) def. of designated court amended by No. 41/2006 s. 10. designated court means— (a) the Supreme Court of a State in which a corresponding law is in force; or (b) a court, tribunal or other body of a State in which a corresponding law is in force that is declared by the Minister to be a designated court for the purposes of this section by a notice published in the Government Gazette; State includes Territory. S. 91D inserted by No. 95/2003 s. 20. 91D Determination may be made by consent In this Division a reference to a determination made by a court or a designated court in a proceeding includes a reference to a determination made by the court with the consent of the parties to the proceeding.
S. 92A(1) def. of dependent spouse substituted as dependent partner by No. 27/2001 s. 4(Sch. 2 item 1.4(a)), substituted by No. 80/2010 s. 52(1)(a). dependent partner means a partner who is, or would be but for the incapacity of the worker due to injury, wholly or mainly dependent on the worker's earnings; S. 92A(1) def. of orphan child amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(b)), 102/2004 s. 14(1)(a). orphan child means a child— (a) who is a child of the worker and whose other parent— (i) was dead before the death of the worker; or (ii) was not, at the time of the death of the worker, a dependent partner of the worker and did not at that time wholly, mainly or in part provide economic support for the child; or (b) who is not a child of the worker and— (i) whose parents were both dead before the worker died; or (ii) neither of whose parents, at the time of the death of the worker, wholly, mainly or in part provided economic support for the child and neither of whom was at that time a dependent partner of the worker;
whichever is the lesser; S. 93A(3)(b) amended by No. 67/2013 s. 630(1)(g). (b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of— S. 93A(3)(b)(i) amended by No. 80/2010 s. 50(2)(b). (i) the difference between 95 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and the worker's current weekly earnings; or (ii) the difference between twice the State average weekly earnings and the worker's current weekly earnings— whichever is the lesser. S. 93B inserted by No. 64/1989 s. 10, substituted by No. 67/1992 s. 15, amended by Nos 50/1993 ss 78(1)(c)(d), 91(c)(d), 50/1994 s. 38(2)(3), 7/1996 ss 16(1), 49(a)(d), 60/1996 ss 10, 11(1), 81/1998 s. 23(a)(b), 102/2004 s. 38(1)(l)-(n), 41/2006 s. 13(1), substituted by No. 9/2010 s. 31 (as amended by No. 80/2010 s. 159(d)). 93B Weekly payments in second entitlement period (1) In relation to a claim made by a pre12 November 1997 claimant for compensation in the form of weekly payments, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the second entitlement period, to weekly payments— (a) if the worker has a serious injury, at the rate of— (i) the difference between 90 per cent of the worker's pre-injury average weekly earnings and 90 per cent of the worker's current weekly earnings; or
S. 93B(3)(a) amended by No. 67/2013 s. 630(1)(l). (a) if the worker has no current work capacity and no current weekly earnings, at the rate of— S. 93B(3)(a)(i) amended by No. 80/2010 s. 50(2)(c). (i) 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount; or (ii) twice the State average weekly earnings— whichever is the lesser; S. 93B(3)(b) amended by No. 67/2013 s. 630(1)(m). (b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of— S. 93B(3)(b)(i) amended by No. 80/2010 s. 50(2)(d). (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and 80 per cent of the worker's current weekly earnings; or (ii) the difference between twice the State average weekly earnings and 80 per cent of the worker's current weekly earnings— 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 (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). (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—
(3) The maximum period of weekly payments payable under this section is 13 weeks. (4) A worker who makes an application in accordance with subsection (2) is entitled to receive weekly payments under this section if— (a) the worker was a worker at the time the incapacity arose; and (b) the incapacity is in respect of the work that the worker was performing immediately before the incapacity arose; and S. 93EA(4)(c) substituted by No. 9/2010 s. 32(c) (as amended by No. 80/2010 s. 159(f)). (c) the worker has not ceased to become entitled to weekly payments due to the application of this Part or Part VIIB or section 119J(1) or (3), 134AB(36) or 135A(18); and (d) the worker has not previously received payment of compensation in respect of the injury under this section. (5) An application under subsection (2) must— (a) specify the reason for the application; and (b) be provided with supporting evidence. (6) Within 28 days of receiving the application, the Authority or self-insurer must— (a) approve or reject the application; and (b) give the worker written notice of its decision, including in the case of rejection, a statement of the reasons for the decision. S. 93F inserted by No. 64/1989 s. 10, amended by No. 41/2006 s. 15(2). 93F Compensation after retirement Subject to sections 93E and 93EA, a worker is not entitled to weekly payments under this Part after attaining retirement age.
S. 96A inserted by No. 64/1989 s. 10, repealed by No. 67/1992 s. 17(1), new s. 96A inserted by No. 7/1996 s. 20. 96A Notification of entitlement to certain payments S. 96A(1) amended by No. 9/2010 s. 41(a)(b). (1) If a worker who is claiming weekly payments under this Part receives a pension specified in section 96(1) or a lump sum amount specified in section 96(2), the worker must within 14 days of first receiving the pension or lump sum amount give notice in writing to the person from whom weekly payments are being claimed of the nature, source and amount of the pension or lump sum amount. S. 96A(2) amended by No. 9/2010 s. 41(a)(b). (2) If a worker has received or is receiving a pension specified in section 96(1) or a lump sum amount specified in section 96(2) or has withdrawn or redeemed any part of the amount deposited or used under section 96(2) at the time that the worker makes a claim for the payment of weekly payments under this Part, the worker must give notice in writing of the nature, source and amount of the pension or lump sum amount or of the withdrawal or redemption at the same time that the claim is given, served or lodged. S. 96A(3) amended by No. 9/2010 s. 41(b). (3) A worker required to give notice in writing under subsection (1) or (2) must within 14 days give notice in writing to the person from whom weekly payments are being claimed if there is any change in the amount of the pension or lump sum amount or if he or she withdraws or redeems any part of the amount deposited or used under section 96(2).
S. 98C(2) amended by No. 26/2000 s. 15(1), substituted by No. 95/2003 s. 8(1), amended by No. 102/2004 ss 18(1), 38(1)(q)–(y), substituted by No. 9/2010 s. 54(2) (as amended by No. 80/2010 s. 159(j)), amended by No. 80/2010 s. 90(2)(a). (2) The amount of the non-economic loss in respect of permanent impairment (other than psychiatric impairment and industrial deafness in respect of a further injury) is to be calculated as at the relevant date as follows— (a) if the worker's impairment benefit rating is less than 10%—the amount of the loss is zero; (b) subject to section 265, if the worker's impairment benefit rating— S. 98C(2)(b)(i) amended by Nos 80/2010 s. 82(x), 67/2013 s. 632(y). (i) is a modified whole person impairment (within the meaning of subsection (2A)(a)(i)) and is not less than 10% and less than 11%—the amount of the non-economic loss is to be determined in accordance with the formula— $11 670 + [(D – 10) $9940]; S. 98C(2)(b)(ii) amended by Nos 80/2010 s. 82(x), 67/2013 s. 632(y). (ii) is a modified spinal impairment (within the meaning of subsection (2A)(a)(ii)) and is not less than 10% and less than 11%—the amount of the non-economic loss is to be determined in accordance with the formula— {$11 670 + [(D – 10) $9940]} 1·1; (c) if the worker's impairment benefit rating— S. 98C(2)(c)(i) amended by Nos 80/2010 s. 82(y), 67/2013 s. 632(z). (i) is not less than 10% and not more than 30% and paragraph (b) does not apply to the worker—the amount of the noneconomic loss is to be determined in accordance with the formula—
(b) quadriplegia; (c) amputation of a limb; (d) amputation of a hand or foot; (e) severe head injury; (f) severe eye injury; (g) separation of a worker's skin from an underlying tissue (such as de-gloving or scalping); (h) severe burns; (i) severe lacerations; (j) severe injuries arising out of an electric shock; (k) any other work related injury giving rise to an imminent risk of death; S. 99AAA(1) def. of supported amended by Nos 22/2012 s. 84, 67/2013 s. 630(6). supported accommodation means— (a) a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth; (b) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010; (c) a group home within the meaning of section 3(1) of the Disability Act 2006; (d) a group home or other residential facility approved by the Authority for the purposes of this section. (2) In this Division, reasonable costs, in relation to a service (including modification of a car or home), burial or cremation means an amount—
(7) If a worker moves from a home that has modifications to which the Authority or made a contribution, in assessing whether to make a payment in respect of modifications to the worker's new home, the Authority or must have regard to the appropriateness of that home for modification, having regard to all relevant circumstances, with respect to the modifications that are needed. (8) The Authority or self-insurer must not make a payment or contribution under subsection (2), (3) or (5) which exceeds $10 000 or a greater amount as may be prescribed, unless the worker enters into an agreement with the Authority or self-insurer in relation to the ownership of, and maintenance of modifications to, the car, home or semi-detachable portable unit. (9) Without limiting what may be included in an agreement under subsection (8), the agreement must include provisions in respect of— (a) subsequent modifications; (b) changes of ownership; (c) the frequency of modifications and changes of ownership. S. 99AD inserted by No. 67/1992 s. 21, amended by Nos 50/1993 s. 78(1)(c), 50/1994 s. 47, repealed by No. 107/1997 s. 11(4), new s. 99AD inserted by No. 80/2010 s. 77. 99AD Duration of compensation under this Division (1) Subject to subsection (4), if weekly payments are payable, compensation under this Division ceases after 52 weeks after the entitlement to weekly payments ceases, unless subsection (5) applies. (2) Subject to subsection (4), if compensation is payable only under this Division, compensation under this Division ceases after 52 weeks after the entitlement arises, unless subsection (5) applies.
S. 103 substituted by No. 50/1994 s. 50. 103 Claim for compensation New s. 103(1A) inserted by No. 67/2013 s. 634(2). (1A) This section applies to a claim for compensation under section 98 or 98A in respect of an injury that arose before 12 November 1997. S. 103(1) amended by Nos 107/1997 ss 27(2)(a), 43(1), 81/1998 s. 23(a), substituted by No. 9/2010 s. 19(1). (1) A claim for compensation must be in a form approved by the Authority in respect of that type or class of claim. S. 103(1A) inserted by No. 102/2004 s. 26(1), repealed by No. 9/2010 s. 19(1). * * * * * S. 103(1B) inserted by No. 102/2004 s. 26(1), repealed by No. 9/2010 s. 19(1). * * * * * S. 103(2) substituted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3). * * * * * S. 103(3) substituted by No. 9/2010 s. 19(1). (3) A claim for compensation (other than a claim arising from the death of a worker) must include an authority, signed by the worker, authorising a provider of a medical service or hospital service to the worker in connection with the injury to which the claim relates to give to the Authority,
section and that are manifest and that have stabilised. S. 103(10) inserted by No. 82/2001 s. 16. (10) Subsection (9) only applies in respect of claims for compensation that are given, served or lodged after the commencement of section 16 of the Accident Compensation (Amendment) Act 2001. S. 103(11) inserted by No. 82/2001 s. 16. (11) Subsection (9) only applies in respect of injuries of the worker arising out of, or in the course of, or due to the nature of, the worker's employment with— S. 103(11)(a) amended by No. 9/2010 s. 19(2)(b). (a) the employer to, or on, whom the claim for compensation was given or served under section 103(4A); or S. 103(11)(b) amended by No. 9/2010 s. 19(2)(c). (b) the employer referred to in section 106 if the claim for compensation was lodged with the Authority; or S. 103(11)(c) amended by No. 9/2010 s. 19(2)(d). (c) the employer referred to in Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993 if the claim for compensation was lodged with the Authority. S. 103(12) inserted by No. 82/2001 s. 16. (12) Subsection (9) does not apply to a worker who, at the time the claim for compensation was given, served or lodged— (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder.
S. 104A(6) inserted by No. 107/1997 s. 35(5), amended by No. 82/2001 s. 19(3). (6) Directions made under subsection (1)— (a) may require that each of the parties to a claim or their legal representatives provide information by affidavit to the other parties or their legal representatives and, if applicable, to a Conciliation Officer; and (b) may require that the parties to a claim and their legal representatives must attend at a conference or conferences in respect of the claim. S. 104B inserted by No. 107/1997 s. 43(2). 104B Claims for compensation under section 98C S. 104B(1) amended by No. 67/2013 s. 635(1) (as amended by No. 44/2014 s. 24(30)). (1) In addition to the requirements under section 103, this section, and section 6(1) and Divisions 1 and 2 of Part 2 of the Workplace Injury Rehabilitation and Compensation Act 2013 apply to a claim for compensation under section 98C. S. 104B(1A) inserted by No. 26/2000 s. 16(1). (1A) Subject to subsection (1B), a claim for compensation under section 98C or 98E, not being a claim for compensation for industrial deafness, can not be made before the expiry of the period of 12 months after the date of the relevant injury. S. 104B(1B) inserted by No. 26/2000 s. 16(1). (1B) Despite subsection (1A), the Authority or a selfinsurer may receive a claim for compensation under section 98C or 98E before the expiry of the period of 12 months after the date of the relevant injury if the relevant injury has stabilised. S. 104B(1BA) inserted by No. 102/2004 s. 4. (1BA) If a worker has commenced an application under section 134AB(4)(b), the worker can not make a claim for compensation under section 98C until the proceedings under section 134AB in respect of that application have been finally determined.
(b) the consolidated claim is to be dealt with in accordance with subsection (2). S. 104B(5DB) inserted by No. 41/2006 s. 19(10). (5DB) If the worker advises the Authority or self-insurer that he or she disputes the written statement under subsection (5C), the worker must not commence proceedings in relation to the claim 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. 104B(5E) inserted by No. 26/2000 s. 16(3), amended by Nos 102/2004 s. 5(7)(a), 41/2006 s. 19(11). (5E) If the worker does not make a claim or dispute the statement within the period specified under subsection (5D), the injury or injuries specified in the written statement are deemed to be the only injury or injuries arising from the same event or circumstance which are to be included in the determination of impairment to be dealt with in accordance with subsection (2). S. 104B(5F) inserted by No. 26/2000 s. 16(3), amended by No. 102/2004 s. 5(7)(b)(i)(ii). (5F) If the worker was not 18 years of age at the time of the event or circumstance, the determination of impairment resulting from the injury can not be made until the worker attains the age of 18 years. S. 104B(6) amended by Nos 81/1998 s. 23(a), 26/2000 ss 16(4)(a), s. 17(1), 82/2001 s. 20(1), substituted by No. 102/2004 s. 5(8), amended by No. 41/2006 s. 19(12). (6) The worker must within 60 days of being advised under subsection (2) in respect of a claim made by the worker advise the Authority or self-insurer in writing whether the worker accepts or disputes the decision as to liability in respect of each of the injuries claimed.
S. 114A(2) amended by Nos 107/1997 s. 30(11)(d), 9/2010 s. 33(3)(a)(ii). (2) The notice is not invalid only because the date specified in the notice as the date on which the reduction is to take effect is not a date immediately after the expiry of the first entitlement period but has effect on the date immediately after the completion of the first entitlement period or, if the date specified in the notice is a later date, the later date. S. 114A(3) amended by Nos 107/1997 s. 82/2001 s. 21, 9/2010 s. (3) Despite anything to the contrary in section 93B, until notice is given to a worker and the date specified in the notice has expired, the worker is deemed to be entitled to weekly payments in respect of any period after the expiry of the first entitlement period under section 93B(2)(a) or (3)(a) provided that the worker is but for the expiry of 13 weeks otherwise entitled to weekly payments. S. 114A(4) amended by No. 107/1997 s. 30(11)(d), repealed by No. 107/1997 s. 30(11)(i). * * * * * S. 114A(5) amended by No. 107/1997 s. 30(11)(j). (5) Subsections (1)(b), (2) and (3) do not apply if— S. 114A(5)(a) amended by No. 107/1997 s. 30(11)(d), repealed by No. 107/1997 s. 30(11)(k). * * * * * S. 114A(5)(b) amended by Nos 107/1997 s. 30(11)(d), 9/2010 s. 33(3)(a)(ii). (b) the claim for weekly payments is made within the period of 42 days before the expiry of the first entitlement period.
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(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.
(b) the worker— S. 117(b)(i) amended by No. 9/2010 s. 33(3)(d). (i) has a serious injury within the meaning of section 91E; and (ii) has been receiving weekly payments for at least 104 weeks. S. 117A inserted by No. 82/2001 s. 3. 117A Right to apply for settlement S. 117A(1) amended by No. 80/2010 s. 78(l). (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. 117B inserted by No. 82/2001 s. 3. 117B Amount of settlement (1) The amount of the settlement is the amount resulting from applying the following formula— where— A is— (a) if a declaration under subsection (2) is not in effect, the amount of the weekly payment to which the worker is, or, but for the operation of section 96(2), would be, entitled as at the notification date less the amount that must be withheld from that payment for the purposes of the Pay as you go system under Schedule 1 to the Taxation Administration Act 1953 of the Commonwealth; or
S. 126(3)(b) substituted by No. 83/1987 s. 68. (b) if the employer is subsequently identified or found, from that employer. S. 127 amended by Nos 64/1989 s. 20(2), 50/1993 s. 110(2)(a)(b), substituted by No. 50/1994 s. 58. 127 Provisions to apply where employer does not meet liabilities S. 127(1) amended by Nos 81/1998 s. 25(3), 80/2010 s. 74(a). (1) If the employer of the worker neglects, refuses or is unable to pay compensation in discharge of the employer's liability under section 125(1)(a) or 125A(3) within 21 days of receiving the claim for payment of compensation, the liability becomes a liability of the Authority. S. 127(2) amended by No. 81/1998 s. 25(3), substituted by No. 24/2000 s. 3(3), amended by No. 80/2010 s. 74(b). (2) If the liability has become a liability of the Authority under subsection (1), the Authority may impose on the employer a penalty calculated in accordance with the method determined under subsection (3). S. 127(3) inserted by No. 24/2000 s. 3(3), amended by No. 80/2010 s. 74(b). (3) The Governor in Council, by Order published in the Government Gazette, may determine the method for calculating the penalty payable by an employer if the liability has become a liability of the Authority under subsection (1). S. 127(4) inserted by No. 24/2000 s. 3(3). (4) The Authority may recover a penalty imposed under subsection (2) in a court of competent jurisdiction as a debt due to the Authority.
S. 129B(1)(b) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 62(2). (b) all payments which the Authority or a is or may become liable to make under this Act on and after the appointed day; and S. 129B(1)(c) inserted by No. 50/1994 s. 62(2), amended by No. 81/1998 s. 25(4). (c) all payments which the Authority has made or is or may be liable to make under a reinsurance arrangement under section 34 of the Accident Compensation (WorkCover Insurance) Act 1993 or under a WorkCover insurance policy under that Act or under Part 5 of that Act on and after 4 p.m. on 30 June 1993. S. 129B(2) amended by No. 50/1994 s. 62(3). (2) Nothing in this Division imposes any liability on a contributor in respect of payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 unless a claim for compensation to which those payments relate or will relate has been made under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 and, if such a claim has been made, this Division applies whether the claim was made before or after the commencement of the Accident Compensation (Further Amendment) Act 1988. S. 129B(3) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 62(3). (3) If the Authority or a self-insurer receives a payment in relation to an injury which was the subject of a claim for compensation by a worker under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 from a person other than a contributor before or after the Authority or self-insurer has received contribution payments under an assessment made under this Division and that payment was not taken into account in making, amending or varying an assessment, the Authority or self-insurer must
(6) An apportionment in accordance with this Division is an apportionment in relation to the amount of damages and costs awarded or agreed to be paid in accordance with this Division and of the costs of the conduct of the defence of the common law proceedings. Pt 4 Div. 7 (Heading) amended by Nos 64/1989 s. 37(1)(c), 67/1992 s. 45(a), 50/1994 s. 63(1)(a), 74/2000 s. 3(Sch. 1 item 1.5). Division 7—Administration by a trustee company 130 Certain funds to be administered by trustee company S. 130(1) amended by Nos 83/1987 s. 72(1)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), 15/1998 s. 4(1)(a)(b). (1) The following payments of compensation shall be paid to a trustee company determined by the Court or the Authority (as the case requires) to be administered by the trustee company in accordance with this Act— S. 130(1)(a) amended by Nos 83/1987 s. 72(1)(b), 50/1993 s. 110(1)(f). (a) any payment under section 92, 98 or 98A to a person under the age of 18 years; S. 130(1)(b) amended by No. 67/1992 s. 45(b). (b) unless the County Court otherwise determines, any payment under section 92 to a person of or over the age of 18 years; and S. 130(1)(c) amended by No. 67/1992 s. 45(b). (c) any other payment of compensation under this Act where on an application to the County Court the County Court considers it would be in the best interests of the worker.
S. 130(1A) inserted by No. 15/1998 s. 4(2). (1A) If the Court or Authority determines under subsection (1) that State Trustees (within the meaning of the State Trustees (State Owned Company) Act 1994) administer payments of compensation, State Trustees must accept a transfer of the amount of compensation to be administered and the acceptance of that amount is a sufficient discharge to the person transferring that amount. S. 130(2) amended by Nos 83/1987 s. 72(1)(c), 67/1992 s. 45(b). (2) The County Court in making a determination on an application under subsection (1)(c) may impose any conditions, restrictions or limitations it considers appropriate on the duration and termination of the administration. 131 Powers of trustee company in relation to administration S. 131(1) amended by Nos 83/1987 s. 72(2)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), substituted by No. 15/1998 s. 4(3). (1) Except as otherwise provided in section 130, any money administered by a trustee company determined under that section may be invested in any manner in which money may be invested under the Trustee Act 1958 and may be applied in any manner that the trustee company considers appropriate for the benefit of the person entitled to that money. S. 131(2) amended by Nos 83/1987 s. 72(2)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), repealed by No. 15/1998 s. 4(4). * * * * *
132 Powers of trustee company to make determinations S. 132(1) amended by Nos 83/1987 s. 72(3)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), repealed by No. 15/1998 s. 4(6). * * * * * S. 132(2) amended by Nos 83/1987 s. 72(3)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), 15/1998 s. 4(7)(a). (2) If a deceased worker leaves more than one dependant the trustee company determined under section 130 after having regard to the circumstances of the various dependants and any variations in the circumstances from time to time may determine to— S. 132(2)(a) amended by Nos 83/1987 s. 72(3)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), 15/1998 s. 4(7)(b). (a) apply or otherwise deal with any money administered by the trustee company in a manner which the trustee company considers will for the time being be most beneficial to the dependants; (b) make a payment to any dependant; (c) provide for any two or more dependants collectively; or (d) exclude any dependant from participating in any benefit.
(ii) has received the advice of the Authority or self-insurer under section 104B(10); or (b) if subsection (3)(b) applies— (i) after a period of at least 18 months has elapsed since the event or circumstance giving rise to the injury occurred; or S. 134AB (4)(b)(ii) amended by No. 41/2006 s. 24(b). (ii) if an application had been made under section 104B as in force before the commencement of section 5 of the Accident Compensation Legislation (Amendment) Act 2004, subject to sections 104B(21), 104B(22) and 104B(23). S. 134AB(4A) inserted by No. 80/2010 s. 64(2). (4A) If a worker has made a claim for compensation under section 98C in respect of an injury, the worker must not make an application under subsection (4) in respect of that injury unless— (a) the degree of impairment resulting from the injury has been determined in accordance with section 104B; and (b) the worker has accepted the determination of the degree of impairment; and (c) the worker has accepted the entitlement to compensation. S. 134AB(5) substituted by No. 9/2010 s. 57(1). (5) An application under subsection (4) must— (a) be in a form approved by the Authority; and (b) be accompanied by an authority in a form approved by the Authority, signed by the worker, authorising the release of medical information to the Authority or a self-insurer relevant to the application; and
deemed to be a serious injury within the meaning of this section. (16) If the assessment under section 104B of the degree of impairment of the worker as a result of the injury is less than 30 per centum, the person may not bring proceedings for the recovery of damages in respect of the injury unless— (a) the Authority or self-insurer— (i) is satisfied that the injury is a serious injury; and (ii) issues to the worker a certificate in writing consenting to the bringing of the proceedings; or (b) a court, other than the Magistrates' Court, on the application of the worker made within 30 days after the worker received advice under subsection (7) or, with the consent of the Authority under subsection (20), after that period, gives leave to bring the proceedings. (17) For the purposes of paragraphs (a) and (b) of subsection (16), a worker who satisfies subparagraph (i) of subsection (38)(b) but not subparagraph (ii) of that subsection, is entitled to bring proceedings in accordance with subsection (16)(b) for the recovery of damages for pain and suffering only. (18) A copy of an application under subsection (16) must be served on the Authority or self-insurer and on each person against whom the applicant claims to have a cause of action.
(19) For the purposes of subsection (16)(b)— (a) a court, other than the Magistrates' Court, must not give leave unless it is satisfied on the balance of probabilities that the injury is a serious injury; (b) for the purposes of proving a loss of earning capacity in accordance with subsection (38), a worker bears the onus of proving any inability to be retrained or rehabilitated or to undertake suitable employment or any employment including alternative or further or additional employment and the extent of such inability; S. 134AB(19)(c) repealed by No. 9/2010 s. 57(2). * * * * * S. 134AB(19A) inserted by No. 9/2010 s. 57(3). (19A) Any finding made on an application for leave to bring proceedings in respect of the injury does not give rise to an issue estoppel in any proceedings for the recovery of damages brought in accordance with this section which is heard and determined on and from the commencement of section 57(3) of the Accident Compensation Amendment Act 2010. S. 134AB(20) amended by No. 82/2001 s. 22(1)(b)(ii). (20) If, on the application of a worker, the Authority is satisfied that— S. 134AB (20)(a) amended by No. 82/2001 s. 22(1)(b)(i). (a) the worker is unable to commence proceedings in accordance with this section because of the operation of subsection (16)(b); and
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; (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. 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
contributed to by, the serious injury the subject of the application, or any incapacity of the worker due to the injury or disease which caused or materially contributed to the worker's death. (9) A reference to service of an application under section 134AB(4) in this section means the service of an application in accordance with directions made by the Minister under section 134AF. S. 134ABA inserted by No. 102/2004 s. 9. 134ABA Calculation of limitation of actions period For the purpose of calculating the period of time under the Limitation of Actions Act 1958 within which proceedings permitted by, and in accordance with, section 134AB may be commenced on or after the commencement of section 9 of the Accident Compensation Legislation (Amendment) Act 2004, the following periods of time are to be disregarded— S. 134ABA(a) amended by No. 80/2010 s. 93. (a) if the degree of permanent impairment of the worker resulting from the injury is to be determined, the period of time commencing on the day a claim for compensation under section 98C or 98E is lodged and ending 30 days after— S. 134ABA (a)(i) amended by No. 67/2013 s. 638(5). (i) the Authority or self-insurer advises the worker of the determination under section 104B(2) or (7); or (ii) the Authority or self-insurer notifies the worker of the decision of the Medical Panel— whichever is applicable; (b) if the worker elects to make an application under section 134AB(4), the period of time commencing on the day on which the application is made and ending on the day
S. 135(3) amended by Nos 48/1986 s. 23, 111/1986 s. 180(3) (Sch. 2 item 3(b)(iii)), 83/1987 s. 74(b), repealed by No. 67/1992 s. 46(2), new s. 135(3) inserted by No. 107/1997 s. 46(3). (3) Subsection (1), as in force immediately before 12 November 1997, continues to apply, subject to section 135AC, in respect of an injury arising out of, or in the course of, or due to the nature of, employment before that commencement. S. 135(3A) inserted by No. 83/1987 s. 74(c), amended by No. 18/1991 s. 10(2), repealed by No. 67/1992 s. 46(2). * * * * * S. 135(3B) inserted by No. 83/1987 s. 74(c), repealed by No. 67/1992 s. 46(2). * * * * * S. 135(4) amended by Nos 48/1986 s. 23, 83/1987 s. 74(d), 64/1989 s. 35(i), repealed by No. 67/1992 s. 46(2). * * * * * S. 135(4A) inserted by No. 83/1987 s. 74(e), repealed by No. 67/1992 s. 46(2). * * * * *
(ii) it had not been disclosed to the other party in accordance with subsection (2BA) or (2DC). S. 135A(2DE) inserted by No. 107/1997 s. 47(5), amended by No. 82/2001 s. 23(1)(a). (2DE) The worker must not commence proceedings in accordance with this section, other than an application under subsection (4)(b) or the commencement of proceedings with the consent of the Authority under subsection (6A) or (6B), unless— S. 135A (2DE)(a) amended by No. 81/1998 s. 25(9). (a) the worker and the Authority or self-insurer hold, or begin, a conference within 21 days after the response date; and S. 135A (2DE)(b) amended by No. 81/1998 s. 25(9). (b) the Authority or self-insurer makes a statutory offer in writing in settlement or compromise of the claim at that conference, or after the conference begins but no later than 60 days after the response date; and (c) if the worker does not accept that statutory offer within 21 days after it is made, the worker, before the expiration of that period, makes a statutory counter offer in writing in settlement or compromise of the claim; and S. 135A (2DE)(d) amended by No. 81/1998 s. 25(9). (d) the Authority or self-insurer does not accept that counter offer within 21 days after it is made; and (e) the proceedings are commenced not earlier than 21 days, and not more than 51 days, after the counter offer is made or, if a counter offer is deemed to have been made under subsection (2DG), not more than 30 days after the day on which the counter offer is deemed to have been made.
S. 135A(6A)(b) amended by No. 82/2001 s. 23(1)(b)(i). (b) the failure to comply with subsection (4)(b) was not due to any fault or omission of the worker or the worker's legal representative— the Authority may consent to the bringing of an application under subsection (4)(b). S. 135A(6B) inserted by No. 82/2001 s. 23(2). (6B) If the Authority is satisfied that a worker is unable to commence proceedings in accordance with this section because of the operation of subsection (2DE), on the application of the worker the Authority may consent to the commencement of proceedings— (a) either— (i) earlier than 21 days after the date the counter offer is made; or (ii) later than 51 days, but no later than 81 days, after that date— if the Authority is satisfied that the defence of the proceedings will not be prejudiced; or (b) later than 81 days after the date the counter offer is made if the Authority is satisfied that the failure to comply with subsection (2DE) was not due to any fault or omission of the worker or the worker's legal representative. S. 135A(6C) inserted by No. 82/2001 s. 23(2). (6C) The Authority may consent to the commencement of proceedings under subsection (6B) even though the relevant time limit expired before the date of commencement of section 23 of the Accident Compensation (Amendment) Act 2001. (7) A court must not, in proceedings in accordance with this section, award to a worker in respect of an injury—
S. 135A(11)(a) amended by Nos 84/1994 s. 63, 74/2000 s. 3(Sch. 1 item 1.7), 80/2010 s. 78(s). (a) to the extent that it is in respect of pecuniary loss, the amount of compensation (if any) paid otherwise than under sections 98 and 98A and Division 2B of Part IV or to the extent that section 93(10)(a) of the Transport Accident Act 1986 applies, except any such compensation paid in respect of the whole or any part of the period of 18 months after the relevant transport accident; S. 135A(11)(b) amended by No. 74/2000 s. 3(Sch. 1 item 1.8). (b) to the extent that it is in respect of loss, the amount of compensation (if any) paid under sections 98 and 98A. (12) If the amount of a judgment is subject to a reduction under subsection (11), that reduction must be made before the reduction (if any) under section 26(1) of the Wrongs Act 1958 is made. (13) Subject to the rules of the (a) in proceedings relating to an application for leave of the court under subsection are to be awarded against a party against whom a decision is made; and S. 135A(13)(b) amended by No. 107/1997 s. 47(9)(a). (b) unless subsection (13A) applies in proceedings for the recovery of damages in accordance with this section— (i) if no liability to pay damages is established, costs are to be awarded against the claimant; and (ii) if damages are assessed but cannot be awarded under this section, each party bears its own costs; and
amending provision means a provision of the amending Act specified in a section of this Division; commencement date means the date on which the amending provision comes into operation. (2) Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984. S. 302 inserted by No. 9/2010 s. 191. 302 Section 5A Section 5A, as amended by sections 4, 5, 6, 7 and 8 of the amending Act, applies in respect of a claim first received by the Authority or on or after the commencement date. S. 303 inserted by No. 9/2010 s. 191. 303 Section 14(3) Sections 14(3), 14AA and 16A, as inserted by sections 9 and 10 of the amending Act, apply in relation to claim for compensation given, served or lodged on or after the commencement date and premiums under the Accident Compensation (WorkCover Insurance) Act 1993 payable on or after that date. S. 304 inserted by No. 9/2010 s. 191. 304 Section 82 Section 82, as amended by sections 12, 13 and 14 of the amending Act, applies in respect of a claim, first given, served or lodged on or after the commencement date. S. 305 inserted by No. 9/2010 s. 191. 305 Sections 82A-82D Sections 82A, 82B, 82C and 82D of the Accident Compensation Act 1985, as inserted by section 15 of the amending Act, apply in respect of a claim first given, served or lodged on or after the commencement date.
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. operation of section 5.4.9(6) of the Education and Training Reform Act 2006. 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. 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. 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