and Compensation Act 2013 is withdrawn or is rejected. (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 (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. 5B inserted by No. 64/1989 s. 6, amended by No. 67/1992 s. 8, substituted by No. 80/2010 s. 22. 5B Definition—current weekly earnings In this Act, current weekly earnings of a worker in relation to a week means— (a) if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of— (i) the worker's earnings so calculated for the ordinary hours worked during that week; and (ii) amounts paid or payable for overtime or shift allowances in respect of that week; and (iii) amounts paid or payable as piece rates or commissions in respect of that week; or (b) if paragraph (a) does not apply, the worker's actual earnings (other than an amount of a kind referred to in section 5AC(1)(a), (b), (c) or (f)) in respect of that week. S. 5C inserted by No. 50/1994 s. 7, substituted by No. 9/2010 s. 95, repealed by No. 67/2013 s. 627(1). * * * * *
(whether at, or away from, the place of employment); (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), amended by No. 49/2014 s. 49. (4) Subject to sections 82A, 82B, 82BA 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 or both), 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(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. 91(7)(c) amended by No. 95/2003 s. 8(3)(a). (c) impairments from unrelated injuries or causes are to be disregarded in making an assessment; S. 91(7)(d) inserted by No. 95/2003 s. 8(3)(b), amended by No. 60/2007 s. 25(4). (d) assessments are to specify the whole person values for each chapter of the A.M.A Guides used in the assessment. Note Paragraph (d) only applies in respect of assessments for injuries that occur on or after the date of commencement of section 8 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 264(2). S. 91(7AA) inserted by No. 9/2010 s. 53. (7AA) For the purposes of section 98C(2A)(a)(ii) and (iii), assessments of spinal impairment are to specify the whole person values derived in accordance with section 3.3 of Chapter 3 of the A.M.A. Guides. S. 91(7A) inserted by No. 26/2000 s. 13(3), amended by No. 82/2001 s. 5. (7A) For the purposes of Subdivision 1 of Division 3A and of section 134AB— (a) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury; and (b) impairments from unrelated injuries or causes are to be disregarded in making an assessment. S. 91(7B) inserted by No. 26/2000 s. 13(4). (7B) Regulations made under this Act may modify the A.M.A Guides.
(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(8) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(f) (i)(ii)), 102/2004 s. 38(1)(c)(g) (h), 41/2006 s. 11(1)(5)(6), 9/2010 s. 68(8)(a)-(c), 80/2010 s. 82(h)-(j), 67/2013 s. 632(h)-(j), substituted by No 44/2014 s. 27(2). (8) If a worker leaves a dependent partner, or dependent partners, and more than 5 dependent children, the amount of compensation is $555 350 of which— (a) $416 520 is payable— (i) to the dependent partner; or (ii) if there is more than one dependent partner, in equal shares to each of the dependent partners; and (b) the balance is payable to each of the dependent children in equal shares. S. 92A(8A) inserted by No. 26/2000 s. 14, amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(g)), 102/2004 s. 38(1)(c), 41/2006 s. 11(1), 9/2010 s. 68(9) (as amended by No. 80/2010 s. 159(l)(ii)), 80/2010 s. 82(k), 67/2013 s. 632(k). (8A) If the worker does not leave a dependent partner but leaves a dependent child (not being an orphan child) or a dependent child (not being an orphan child) and any other dependent children (including any other orphan children), that dependent child is, or if more than one, each of those dependent children are, entitled to the amount of compensation being such share of a sum not exceeding $555 350 which the court, the Authority or self-insurer considers is reasonable and appropriate to the injury to the dependent child or, if more than one dependent child, to those dependent children.
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(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— S. 93A(3)(a)(i) amended by No. 80/2010 s. 50(2)(a). (i) 95 per cent of the worker's pre-injury average weekly earnings, less the deductible amount; or (ii) twice the State average weekly earnings—
during the second entitlement period, to weekly payments— 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.
date the Authority or self-insurer received the application and, subject to and in accordance with this Part and Part VIIB, the worker is entitled to weekly payments at the rate of— (a) in the case of a pre-12 November 1997 claimant— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or S. 93CD(5) (a)(ii) amended by Nos 80/2010 s. 82(v), 67/2013 s. 632(v). (ii) the difference between $1210 and 80 per cent of the worker's current weekly earnings— whichever is the lesser; (b) in the case of a worker whose claim was first given, served or lodged on or after 12 November 1997 and before 5 April 2010— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or S. 93CD(5) (b)(ii) amended by Nos 80/2010 s. 82(w), 67/2013 s. 632(w). (ii) the difference between $1510 and 80 per cent of the worker's current weekly earnings— whichever is the lesser; (c) in the case of a claim first given, served or lodged on or after 5 April 2010—
but does not include a retirement or superannuation pension; S. 96(7) def. of supplemental pension limit substituted by No. 67/2013 s. 630(3). supplemental pension limit, in relation to a worker, means the worker's pre-injury average weekly earnings as calculated under section 5A as indexed in accordance with section 100(1) and calculated as if the period of 52 weeks referred to in paragraph (a) of the definition of enhancement period in section 5AD had not expired. 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
S. 97 substituted by No. 64/1989 s. 10, amended by No. 67/1992 s. 17(2). 97 Provisions relating to the payment of compensation (1) Except as provided in section 96, regard shall not be had, in respect of the entitlement to, or amount of, compensation under this Part, to any sum paid or payable— (a) under any contract of assurance or insurance (including a contract made with any friendly or other benefit society or association or any trade union); or S. 97(1)(b) amended by No. 50/1994 s. 40(1). (b) out of any relief or sustentation fund or other fund (whether statutory or otherwise) of the like nature; or S. 97(1)(c) substituted by No. 9/2010 s. 42 (as amended by No. 80/2010 s. 159(g)). (c) by way of accident make-up pay under any industrial award; or S. 97(1)(d) inserted by No. 9/2010 s. 42 (as amended by No. 80/2010 s. 159(g)). (d) in lieu of accrued annual leave or long service leave. S. 97(2) amended by Nos 67/1992 s. 64(7)(a), 50/1993 s. 78(1)(c), substituted by No. 50/1994 s. 40(2), amended by Nos 107/1997 s. 30(8), 81/1998 s. 23(a). (2) If a worker who is receiving weekly payments ceases to reside in Australia, his or her entitlement to weekly payments ceases unless the worker has before leaving Australia satisfied 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.
any other place) in a prison within the meaning of the Corrections Act 1986 or in a prison or similar institution outside Victoria. Pt 4 Div. 2A (Heading) inserted by No. 80/2010 s. 58. Division 2A—Compensation for maims, pain and suffering and noneconomic loss S. 98 substituted by No. 64/1989 s. 10. 98 Compensation for maims S. 98(1) amended by Nos 67/1992 s. 50/1994 s. 41(1)(a)–(e), 80/2010 s. 59(1)(a). (1) A worker who suffers an injury which entitled the worker to compensation is, in respect of an injury mentioned in the Table in Schedule 3A, entitled to compensation equal to— S. 98(1)(a) amended by No. 7/1996 s. 49(e). (a) the percentage of $100 300 set out opposite to that injury in the Table; or S. 98(1)(b) amended by No. 7/1996 s. 49(e). (b) the assessed percentage of $100 300 within the range set out opposite that injury in the Table— calculated, subject to subsection (2), as at the date of the injury. S. 98(1) Table amended by No. 60/1996 s. 11(2), repealed by No. 80/2010 s. 59(1)(b). * * * * * (2) If the compensation payable under this section is for industrial deafness, the amount of compensation shall be calculated—
S. 98(2)(a) amended by No. 80/2010 s. 89(1)(a). (a) if the date of injury is deemed under section 88(4) to be the last day of the worker's employment out of which or in the course of which the injury arose—as at that day; or S. 98(2)(b) amended by No. 80/2010 s. 89(1)(b). (b) if the date of injury is deemed under section 88(5) to be the date of the at the day on which the compensation is determined. S. 98(2AA) inserted by No. 50/1994 s. 41(2), substituted by No. 50/1994 s. 41(3). (2AA) Compensation is not payable under this section for a loss of hearing unless the percentage of the diminution of hearing determined in accordance with subsection (2AB) is at least 7, . S. 98(2A) inserted by No. 67/1992 s. 18(3), substituted by No. 50/1994 s. 41(3). (2A) If compensation is payable under this section for a loss of hearing, the percentage of the maximum amount payable for total loss is the percentage of the diminution of hearing determined in accordance with subsection (2AB), . S. 98(2AB) inserted by No. 50/1994 s. 41(3). (2AB) For the purposes of this section, the percentage of diminution of hearing— S. 98(2AB)(a) amended by Nos 7/1996 s. 23(1), 80/2010 s. 89(2). (a) must be assessed as a binaural loss of hearing and determined— (i) by a person or class of persons approved; and (ii) in the manner approved— by the Minister; and S. 98(2AB)(b) amended by No. 80/2010 s. 89(2). (b) must be assessed as a binaural loss of hearing and 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. claim—
S. 98C(3)(c) amended by No. 102/2004 s. 38(2)(c)(d), substituted by No. 9/2010 s. 54(3), amended by Nos 80/2010 s. 82(ze), 67/2013 s. 632(zf). (c) if the worker's degree of impairment is more than 30% and not more than 70%—the amount of non-economic loss is the amount determined, subject to subsection (3AA), in accordance with the formula— $75 260 + [(D – 30) $4700]; S. 98C(3)(d) amended by No. 102/2004 s. 38(2)(e)(f), substituted by No. 9/2010 s. 54(3). (d) if the worker's degree of impairment is more than 70% and not more than 80%—the amount of the non-economic loss is— S. 98C(3)(d)(i) amended by Nos 80/2010 s. 82(zf), 67/2013 s. 632(zg). (i) the amount determined in accordance with the formula— $262 070 + [(D – 70) $29 330]; or S. 98C(3)(d)(ii) amended by Nos 80/2010 s. 82(zg), 67/2013 s. 632(zh). (ii) $555 350— whichever is the lesser; S. 98C(3)(e) amended by Nos 102/2004 s. 38(2)(g), 9/2010 s. 54(4), 80/2010 s. 82(zg), 67/2013 s. 632(zh). (e) if the worker's degree of impairment is more than 80%—the amount of the non-economic loss is $555 350— where D is the worker's degree of impairment expressed as a number.
S. 98C(3A)(c) amended by Nos 80/2010 s. 82(zj), 67/2013 s. 632(zk). (c) if T is more than 30% and P is less than 10%—the amount of the non-economic loss is to be determined in accordance with the formula— [(T 30) × $4700] + [(30 10) × $2830] + [(10 P) × $1860]; S. 98C(3A)(d) amended by Nos 80/2010 s. 82(zk), 67/2013 s. 632(zl). (d) if T is more than 30% and P is not less than 10% and is less than 30%—the amount of the non-economic loss is to be determined in accordance with the formula— [(T 30) × $4700] + [(30 P) × $2830]; S. 98C(3A)(e) amended by Nos 80/2010 s. 82(zl), 67/2013 s. 632(zm). (e) if T is more than 30% and P is not less than 30%—the amount of the non-economic loss is to be determined in accordance with the formula— [(T P) × $4700]— where— "T" is the percentage referred to in section 89(3)(a) rounded up to the next whole number, after that percentage has been converted in accordance with section 91(3); "P" is the total percentage referred to in section 89(3)(b) rounded up to the next whole number, after that percentage has been converted in accordance with section 91(3A). S. 98C(4) amended by Nos 26/2000 s. 15(3), 95/2003 s. 8(2)(a), 102/2004 s. 38(2)(h), 80/2010 s. 82(zm), 67/2013 s. 632(zn). (4) The amount of the non-economic loss in respect of an injury resulting in the loss of a foetus or of the loss of more than one foetus is $67 660.
Pt 4 Div. 2C (Heading) inserted by No. 80/2010 s. 79(1). Division 2C—Rehabilitation services prior to acceptance of claim S. 99A (Heading) inserted by No. 80/2010 s. 79(2). S. 99A inserted by No. 64/1989 s. 10. 99A Authority or self-insurer may pay for rehabilitation service S. 99A(1) amended by Nos 67/1992 s. 64(7)(a), 50/1993 s. 81(f), 50/1994 s. 48, 81/1998 s. 23(a). (1) The Authority, employer or a self-insurer may pay the reasonable costs of an occupational rehabilitation service provided to a worker whether or not the entitlement of the worker to compensation under this Act has been established. S. 99A(2) amended by Nos 67/1992 s. 64(7)(a), 50/1993 s. 81(f), 50/1994 s. 48, 81/1998 s. 23(a). (2) Where the Authority, employer or a self-insurer agrees to pay amounts under this section it must give the worker reasonable notice before discontinuing payments in respect of the occupational rehabilitation service. S. 99B inserted by No. 67/1992 s. 22, amended by Nos 50/1993 s. 78(1)(d), 50/1994 s. 49, repealed by No. 7/1996 s. 26(3). * * * * *
Pt 4 Div. 2D (Heading) inserted by No. 80/2010 s. 80. Division 2D—Indexation S. 100 substituted by No. 64/1989 s. 10, amended by Nos 18/1991 s. 10(1), 67/1992 s. 46(4), 50/1993 s. 93, 107/1997 ss 40, 41, 74/2000 s. 3(Sch. 1 item 1.2), 41/2006 s. 12, 60/2007 s. 27, 68/2007 s. 23, 9/2010 ss 56, 72, 152, substituted by Nos 80/2010 s. 80, 67/2013 s. 631. 100 Indexation—weekly payments (1) Subject to this section, the amount of a weekly payment to a worker in respect of an injury under this Part must be varied, in respect of each year beginning on the anniversary of the day on which the worker became entitled to weekly payments in respect of that injury, by varying the amount of the worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly payment in accordance with the formula— where— A is the amount of the worker's pre-injury average weekly earnings within the meaning of Division 2 of Part I or, if that amount has been varied in accordance with this section as in force for the time being, that amount as last so varied; B is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period published by the Australian Bureau of Statistics as at the 15th day of the month preceding the month in which the date on which the variation is made falls; C is the average weekly total earnings of all employees in Victoria in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of
S. 104B(8) amended by Nos 81/1998 s. 23(a), 26/2000 s. 16(4)(c), substituted by No. 26/2000 s. 17(3), amended by No. 102/2004 s. 5(9)(a)(b), substituted by No. 41/2006 s. 18(4). (8) Subject to section 134AB(36), the Authority or self-insurer must, within 14 days of being advised by the worker either under subsection (6B) or (7B) or at a later date that the worker accepts the determinations of impairment and total loss and the entitlement to compensation— (a) if the entitlement is under section 98C, make payments in accordance with section 98D; or (b) if the entitlement is under section 98E, pay the amount specified for the total loss under section 98E. S. 104B(9) amended by Nos 81/1998 s. 23(a), 26/2000 s. 16(4)(d)(i)(ii), 82/2001 s. 6(b), substituted by No. 102/2004 s. 5(10). (9) The Authority or self-insurer must, within 14 days of being advised by the worker that the worker disputes the determinations of impairment or total loss in respect of the injury or injuries claimed, refer the medical questions as to— (a) the degree of impairment assessed in accordance with section 91 resulting from the injury or injuries claimed for which liability is accepted or established; and S. 104B(9)(b) amended by No. 80/2010 s. 62(b). (b) whether the worker has an injury or injuries claimed for which liability is accepted or established which is a total loss mentioned in the Table in Schedule 3B— to a Medical Panel for its opinion under section 67. S. 104B(9A) inserted by No. 102/2004 s. 5(10). (9A) For the purposes of subsection (9), if a worker has suffered an injury arising out of the same event or circumstance resulting in both psychiatric impairment and impairment other than psychiatric impairment—
S. 114(7) amended by No. 107/1997 s. 30(11)(a), repealed by No. 9/2010 s. 130(3)(b). * * * * * S. 114(8) amended by Nos 107/1997 s. 30(11)(b), 9/2010 s. 33(1)(a). (8) A reduction of weekly payments solely on the ground of the expiry of the first entitlement period has effect— (a) if written notice in accordance with subsection (10) is given; and (b) if section 114A has been complied with. S. 114(9) amended by Nos 7/1996 s. 16(3), 107/1997 s. 30(11)(c), 9/2010 s. 33(1)(b). (9) A termination of weekly payments solely on the ground of the expiry of the second entitlement period has effect— (a) if written notice in accordance with subsection (10) is given; and (b) if section 114B has been complied with. S. 114(9A) inserted by No. 9/2010 s. 45(4). (9A) A termination of weekly payments under section 93CA has effect— (a) without the giving of notice; and (b) as from— (i) the day on which the worker ceases to suffer incapacity resulting from, or materially contributed to by, the subsequent surgery, or a recurrence of that incapacity, whichever is the later; or (ii) the expiry of the period of 13 weeks commencing on the day on which the relevant surgery is performed— whichever first occurs. (10) A notice must— (a) be given to the worker; and
(3) If, under section 114E, outstanding payments of compensation in the form of weekly payments are payable in the circumstances referred to in section 114E(1)(b), (c) or (d), then, subject to section 93CE, compensation in the form of superannuation contributions under that section in respect of those outstanding payments and interest at the prescribed rate on each such payment are also payable. S. 114EB inserted by No. 9/2010 s. 47. 114EB Alteration or termination of superannuation contributions The Authority or a self-insurer is not required to give written notice to the worker of— (a) an alteration of compensation in the form of superannuation contributions where the alteration is because of an alteration in the compensation in the form of weekly payments paid or payable to the worker; or (b) the termination of compensation in the form of superannuation contributions where the termination is because the worker is not, or has ceased to be, entitled to compensation in the form of weekly payments. S. 114F inserted by No. 50/1994 s. 50. 114F Recovery of payments S. 114F(1) amended by No. 81/1998 s. 23(m). (1) The Authority or a self-insurer may recover from a worker, an employer or any other person any payment of compensation or other amount to which the worker, employer or other person is not entitled.
(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 (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. 123B inserted by No. 67/1992 s. 41, substituted by No. 67/2013 s. 636. 123B Prohibition on recovery of certain costs A person must not recover any costs in respect of assisting a person to make, lodge or forward any application or claim for compensation under this Act. Division 4—Liability for payment of compensation S. 124 substituted by No. 47/1996 s. 21, amended by No. 67/2013 s. 637(1) (ILA s. 39B(1)). 124 Application of Division (1) This Division does not apply to an employer who is a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. 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. (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(5A) inserted by No. 48/1986 s. 20(c), repealed by No. 102/2004 s. 35(3). * * * * * S. 125(5B) inserted by No. 48/1986 s. 20(c), amended by No. 67/1992 s. 64(7)(a), repealed by No. 102/2004 s. 35(3). * * * * * S. 125(5C) inserted by No. 48/1986 s. 20(c), repealed by No. 102/2004 s. 35(3). * * * * * S. 125(6) inserted by No. 10255 s. 8(2)(b), amended by No. 10255 s. 8(4). (6) Subsection (1)(a) does not apply to the liability to pay compensation in respect of an injury to a worker receiving remuneration of a kind referred to in paragraph (h) or (i) of the definition of remuneration in section 5. S. 125(7) inserted by No. 83/1987 s. 67(e). (7) Subsection (1)(a) does not apply to the liability to pay compensation in respect of an injury— (a) resulting from a transport accident within the meaning of the Transport Accident Act 1986; and (b) deemed to have arisen out of or in the course of any employment by reason of section 83(2) (except section 83(2)(a)(i)) of this Act.
S. 128A inserted by No. 83/1987 s. 70, amended by No. 67/1992 s. 43(2)(a)–(c). 128A Interim payments If in respect of any claim, the Magistrates' Court or County Court determines that compensation is or may be payable under this Act, but is unable presently to ascertain the total amount of the compensation, under section 92, 98 or 98A or the rate of weekly payments, the Court may make an interim award or recommendation for payment of the whole or any part of the compensation and the making of any such interim payments— (a) shall not preclude the Court from making in respect of the same claim a further interim recommendation or determination or a final recommendation or determination; and (b) shall not prejudice the rights of either of the parties in respect of any such further or final recommendation or determination. Pt 4 Div. 6 (Heading and s. 129) amended by Nos 48/1986 s. 22(a)-(h) (as amended by No. 64/1989 s. 37(2)), 83/1987 s. 71(a) (as amended by No. 64/1989 s. 37(3)(b)) (b), 13/1988 s. 5, 67/1992 s. 64(7)(a), 50/1994 ss 60(1), 61, 52/1998 s. 311(Sch. 1 item 1.2), 81/1998 s. 25(4), repealed by No. 9/2010 s. 154. * * * * *
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 make a refund to each contributor of an amount calculated in accordance with the formula— where— C has the same value as "C" in paragraph (b) of section 129B(6); E is the amount of the contributions paid by the contributor; F is the payment received by the Authority or self-insurer from a person other than the contributor. S. 129B(4) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 62(3). (4) The object of this Division is to make provision for the Authority and self-insurers to obtain from contributors a just and equitable and timely contribution to payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 that the Authority or a selfinsurer has made or may become liable to make to or in respect of a worker who has suffered a contribution injury.
S. 129C inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129C Contribution in case of contribution injury If— S. 129C(a) amended by No. 50/1994 s. 62(3). (a) the Authority or a self-insurer has made or is or may become liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 to or in respect of a worker; and (b) a contribution injury has been caused to or suffered by the worker— each contributor shall pay to the Authority or a self-insurer (as the case may be) the amount or amounts determined to be payable in accordance with this Division. S. 129D inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129D Assessments (1) If the Authority— S. 129D(1)(a) amended by No. 50/1994 s. 62(3). (a) has made or is or may become liable to make payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 to or in respect of a worker; and (b) believes that the worker has suffered a contribution injury and that a contributor ought to pay such amount or amounts as is just and equitable as contribution— the Authority may, by an assessment in writing, determine the amount or amounts payable as contribution to the Authority by each contributor.
(i) in proceedings of a kind referred to in a paragraph of section 134AA and in accordance with subsections (25)(a), (26) and (36)(a) of this section; or (ii) if subparagraph (i) does not apply, as permitted by and in accordance with this section. S. 134AB(2) amended by Nos 95/2003 s. 3(8), 67/2013 s. 638(3). (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 if the injury is a serious injury and arose on or after 20 October 1999 but before 1 July 2014. S. 134AB(3) substituted by No. 102/2004 s. 6(1), amended by No. 80/2010 s. 64(1)(a). (3) Subject to subsection (4A), a worker may not bring proceedings in accordance with this section unless— (a) determinations of the degree of impairment of the worker have been made under section 104B and the worker has made an application under subsection (4); or (b) subject to any directions issued under section 134AF, the worker elects to make an application under subsection (4) on the ground that the worker has a serious injury within the meaning of this section. S. 134AB(4) substituted by No. 102/2004 s. 6(1), amended by No. 80/2010 s. 64(1)(b). (4) Subject to subsection (4A), a worker may only make an application— (a) if subsection (3)(a) applies, after the worker— S. 134AB (4)(a)(i) amended by No. 41/2006 s. 24(a). (i) has advised the Authority or under section 104B(6B) or 104B(7B) that he or she accepts the determinations of degree of impairment; or
S. 134AB(21A) inserted by No. 102/2004 s. 6(3). (21A) If after a worker has failed to satisfy a court that the relevant injury is a serious injury on an application for leave to bring proceedings in accordance with subsection (16)(b), the worker obtains under section 104B determinations that the degree of impairment of the worker is 30 percentum or more, the worker is not entitled to recover damages for the same relevant injury. (22) A court must not, in proceedings in accordance with this section, award to a worker in respect of an injury— (a) pecuniary loss damages— S. 134AB(22) (a)(i) amended by Nos 102/2004 s. 40(e), 80/2010 ss 81(b), 83(d), 67/2013 s. 633(d). (i) if the total pecuniary loss damages assessed, before the reduction (if any) under section 26(1) of the Wrongs Act 1958 and before the reduction (if any) under subsection (25), is less than $56 650 or that amount as varied in accordance with Division 2D of Part IV as at the date of the award; or S. 134AB(22) (a)(ii) amended by Nos 102/2004 s. 40(f), 80/2010 ss 81(b), 83(e), 67/2013 s. 633(e). (ii) in excess of $1 275 570 or that amount as varied in accordance with Division 2D of Part IV as at the date of the award; or (b) pain and suffering damages— S. 134AB(22) (b)(i) amended by Nos 102/2004 s. 40(g), 80/2010 ss 81(c), 83(f), 67/2013 s. 633(f). (i) if the total pain and suffering damages assessed, before the reduction (if any) under section 26(1) of the Wrongs Act 1958 and before the reduction (if any) under subsection (25), is less than $54 730 or that amount as varied in accordance with Division 2D of Part IV as at the date of the award; or
worker a weekly amount equal to the net weekly amount that, but for subsection (36), would have been payable to the worker as compensation in the form of weekly payments in respect of the injury. S. 134AB(36B) inserted by No. 9/2010 s. 57(7). (36B) Subsection (36A) 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. 134AB(36C) inserted by No. 9/2010 s. 57(7). (36C) An amount paid in accordance with subsection (36A) is, to the extent of the payment, part satisfaction of the liability in respect of the judgment, settlement or compromise. (37) In this section— S. 134AB(37) def. of determination date amended by No. 102/2004 s. 8(1)(2). determination date, in relation to an injury, means the date on which— (a) if the worker is assessed under section 104B to have a degree of impairment of 30 per centum or more, the date on which the worker receives advice under subsection (7); or (ab) if the Authority or self-insurer fails to advise the worker in writing as required by subsection (7) within the period referred to in subsection (7), the date on which under subsection (9) the injury is deemed to be a serious injury; or (b) if the worker is assessed under section 104B to have a degree of impairment of less than 30 per centum, the date— (i) on which a certificate is issued under subsection (16)(a) in relation to the injury; or
Pt 4 Div. 9 (Heading) substituted by No. 26/2000 s. 20(2). Division 9—Actions in respect of injuries to which Division 8A does not apply S. 134A inserted by No. 107/1997 s. 45. 134A Actions for damages only in accordance with this Act S. 134A(1) amended by No. 26/2000 s. 21. (1) A worker who is, or the dependants of a worker who are or may be, entitled to compensation in respect of an injury arising out of or in the course of, or due to the nature of, employment on or after 12 November 1997 but before 20 October 1999 shall not, in proceedings commenced in respect of the injury or otherwise, recover any damages of any kind. (2) Subsection (1) does not prevent the recovery of damages in proceedings under Part III of the Wrongs Act 1958, subject to and in accordance with the Transport Accident Act 1986, in respect of the death of a worker— (a) arising out of a transport accident within the meaning of the Transport Accident Act 1986; and (b) arising out of, or in the course of, or due to the nature of, any employment that was a significant contributing factor resulting in or materially contributing to the death.
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 selfinsurer must make a determination under subsection (3) within 120 days of receiving a written application for a determination from the worker. 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
(b) of the refusal to make a determination under subsection (2C)— the worker is deemed to have suffered a serious injury. S. 135A(2DC) inserted by No. 107/1997 s. 47(5), amended by No. 81/1998 s. 25(9). (2DC) The worker, within 28 days after receiving the advice referred to in subsections (2D) and (2DA), may give to the Authority or self-insurer an affidavit attesting to such further material (whether or not existing before the worker made the application under subsection (2B)) in rebuttal of the material (other than medical reports) attested to in affidavits accompanying the advice. S. 135A(2DD) inserted by No. 107/1997 s. 47(5). (2DD) In proceedings in accordance with this section, a medical report or other material is inadmissible in evidence— S. 135A (2DD)(a) amended by No. 81/1998 s. 25(9). (a) on behalf of the Authority or self-insurer if— S. 135A (2DD)(a)(i) amended by No. 81/1998 s. 25(9). (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 (2D) and (2DA); and (ii) it had not been disclosed to the worker in accordance with subsections (2D) and (2DA); 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 (2D) and (2DA); 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 self-insurer. 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
the death or injury under the Transport Accident Act 1986— the Transport Accident Commission shall, notwithstanding anything to the contrary in the Transport Accident Act 1986, be liable to make payment to the Authority, self-insurer or employer in accordance with subsection (2). S. 137(2) amended by No. 111/1986 s. 180(3) (Sch. 2 item 3(d)(iii)). (2) The total amount of any payment to be made under subsection (1) by the Transport Accident Commission in respect of an injury or death shall be an amount equal to— S. 137(2)(a) amended by Nos 111/1986 s. 180(3) (Sch. 2 item 3(d)(iv)), 64/1989 s. 35(j). (a) the amount of compensation payable under Division 2 (except sections 98 and 99) of Part IV less the amount of any payment in respect of that injury or death made under section 15A of the Motor Accident Act 1973 or section 138 of the Transport Accident Act 1986; S. 137(2)(b) amended by No. 111/1986 s. 180(3) (Sch. 2 item 3(d)(v)). (b) the total amount of the payments which the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make under section 141, 142 or 143 of the Transport Accident Act 1986 in respect of that death or injury; or (c) $20 800— whichever is the lesser. S. 137(3) amended by Nos 111/1986 s. 180(3) (Sch. 2 item 3(d)(vi)), 67/1992 s. 64(7)(c). (3) The Transport Accident Commission is not liable to make a payment under subsection (1) to the Authority, a self-insurer or an employer in respect of an amount of compensation if the Authority, the self-insurer or the employer has not made a claim to the Transport Accident Commission within three months after the Authority, the
(4) Judgment against or settlement by a third party in an action by a worker, or dependants of a worker, in respect of an injury or death referred to in subsection (1) does not eliminate or diminish the right of indemnity given by this section, except to the extent provided in this section. S. 138(4A) inserted by No. 9/2010 s. 121. (4A) A term of any contract that requires the employer or has the effect of requiring the employer to indemnify the third party in respect of any liability that the third party has or may have under this section is void. S. 138(5) inserted by No. 26/2000 s. 25(3). (5) If the Transport Accident Commission is liable to make payment to the Authority under section 137(5A) or to a self-insurer under section 137(5B) in respect of a death or injury and the Authority or self-insurer is entitled under this section to be indemnified by a third party in respect of the liability, the entitlement of the Authority or self-insurer is subrogated to the Transport Accident Commission by virtue of this subsection. S. 138(6) inserted by No. 9/2010 s. 122. (6) The Authority may, in its discretion, seek to recover any indemnity that the employer is entitled to under this section, including an amount that represents the employer's liability to pay compensation under section 125(1)(a) or 125A(3), on the employer's behalf, if— (a) the Authority advises the employer of the Authority's intention to seek the indemnity for the employer; and (b) the employer gives the Authority the employer's written consent to seek the indemnity under this section on the employer's behalf. S. 138(7) inserted by No. 9/2010 s. 122. (7) If the Authority recovers an amount from a third party on behalf of the employer that includes an
98A whether before, on or after that commencement. New s. 271 inserted by No. 102/2004 s. 41, repealed by No. 67/2013 s. 645. * * * * * New s. 272 inserted by No. 102/2004 s. 41. 272 Section 92A (Revised compensation for death of worker) Section 92A as amended by section 14 of the Accident Compensation Legislation (Amendment) Act 2004 applies in respect of a claim for compensation made on or after the commencement of section 14 of the Accident Compensation Legislation (Amendment) Act 2004. New s. 273 inserted by No. 102/2004 s. 41. 273 Section 93C (Grandfather provision) Section 93C as amended by section 20 of the Accident Compensation Legislation (Amendment) Act 2004 applies in respect of an application for a settlement made on or after the commencement of section 20 of the Accident Compensation Legislation (Amendment) Act 2004. New s. 274 inserted by No. 102/2004 s. 41. 274 Section 93CB (After the first entitlement period and until the expiry of the second entitlement period) Section 93CB as amended by section 21 of the Accident Compensation Legislation (Amendment) Act 2004 applies to or in respect of a worker who lodges a claim for weekly payments on or after the commencement of section 21 of the Accident Compensation Legislation (Amendment) Act 2004.
S. 282 inserted by No. 102/2004 s. 41. 282 Section 135A (Actions for damages) (1) Section 135A as amended by section 11(1) of the Accident Compensation Legislation (Amendment) Act 2004 applies in respect of a claim for damages made on or after the commencement of section 11(1) of the Accident Compensation Legislation (Amendment) Act 2004 in respect of which a judgment has not been obtained or a compromise or settlement made before that commencement. (2) Section 135A as amended by section 11(2) of the Accident Compensation Legislation (Amendment) Act 2004 applies in respect of a claim for damages made on or after the commencement of section 11(2) of the Accident Compensation Legislation (Amendment) Act 2004 in respect of which an application for leave to bring proceedings for the recovery of damages has not been made before that commencement. S. 283 inserted by No. 102/2004 s. 41. 283 Section 135BA (Actions by terminally ill workers) Section 135BA as inserted by section 12 of the Accident Compensation Legislation (Amendment) Act 2004 applies in respect of a claim for compensation made on or after the commencement of section 12 of the Accident Compensation Legislation (Amendment) Act 2004. Pt 9 Div. 5 (Heading and ss 284, 285) inserted by No. 28/2005 s. 24. Division 5—Accident Compensation (Amendment) Act 2005 S. 284 inserted by No. 28/2005 s. 24. 284 Sections 89, 91 and 98C—(claims for compensation for further loss of hearing)
S. 306 inserted by No. 9/2010 s. 191 (as amended by No. 80/2010 s. 151), repealed by No. 67/2013 s. 645. * * * * * S. 307 inserted by No. 9/2010 s. 191 (as amended by No. 80/2010 s. 152), repealed by No. 67/2013 s. 645. * * * * * S. 308 inserted by No. 9/2010 s. 191 (as amended by No. 80/2010 s. 159(q)(i)), repealed by No. 67/2013 s. 645. * * * * * Ss 309, 310 inserted by No. 9/2010 s. 191, repealed by No. 67/2013 s. 645. * * * * * S. 311 inserted by No. 9/2010 s. 191 (as amended by No. 80/2010 s. 153), repealed by No. 67/2013 s. 645. * * * * * S. 312 inserted by No. 9/2010 s. 191. 312 Section 93CA
Ss 353–364 inserted by No. 9/2010 s. 191, repealed by No. 67/2013 s. 645. * * * * * Pt 9 Div. 13 (Heading and ss 365–389) inserted by No. 80/2010 s. 129. Division 13—Transport Accident and Accident Compensation Legislation Amendment Act 2010 S. 365 inserted by No. 80/2010 s. 129. 365 Definitions (1) In this Division— amending Act means the Transport Accident and Accident Compensation Legislation Amendment Act 2010; 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. 366 inserted by No. 80/2010 s. 129. 366 Sections 5A to 5AE, 5B and Schedule 1A (1) Sections 5A, 5AA, 5AB, 5AC, 5AD and 5AE and Schedule 1A, as inserted by sections 21 and 23 of the amending Act, apply in relation to a claim first received by the Authority or self-insurer on or after the commencement date. (2) Section 5B, as inserted by section 22 of the amending Act, applies in relation to a claim for weekly payments, whether made before, on or after the commencement date, in respect of an injury whether sustained before, on or after the commencement date.
Sch. 1A inserted by No. 80/2010 s. 23, amended by Nos 29/2011 s. 3(Sch. 1 item 2.7), 67/2013 s. 633(m). Section 5A(5) Column 1 Item Column 2 Class of worker at time of injury Column 3 Calculation of pre-injury average weekly earnings 1 Worker who is— (a) under the age of 21 years; or (b) an apprentice; or (c) working under a contract of employment under which the worker is required to undergo training, instruction or examination in order to become qualified to carry on an occupation— and who, but for the injury, would have been entitled to increments in earnings at certain ages or stages during the course of employment to become qualified. (a) Until the worker attains the age or stage or, but for the injury, would have attained the stage at which the highest rate is payable—the worker's pre-injury average weekly earnings are the earnings that the worker would have been entitled to receive in respect of a relevant week if the worker had not sustained the injury and had continued in the employment. (b) On and after the worker attains the age or stage or, but for the injury, would have attained the age or stage at which the highest rate is payable—the worker's pre-injury average weekly earnings are to be calculated as if, at the time of the injury,
Column 1 Item Column 2 Class of worker at time of injury Column 3 Calculation of pre-injury average weekly earnings 4 Worker employed by 2 or more employers for at least the ordinary hours fixed in any applicable industrial award. The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. 5 Worker employed by 2 or more employers who works for one of those employers for at least the ordinary hours fixed in an applicable industrial award and works for another of those employers for at least the prescribed number of hours each week. The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. 6 Worker employed by 2 or more employers for at least the prescribed number of hours each week and to whom no industrial award is applicable. The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. 7 Worker employed by 2 or more employers who sustains an injury that results in an incapacity to work for one or more of those employers but not for all those employers. The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to earnings from work with all the employers. 8 Worker employed by 2 or more employers in circumstances other than those described in the preceding provisions of this Schedule. The worker's pre-injury average weekly earnings are the worker's average ordinary earnings expressed as an amount per hour for all work carried out by the worker
insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).
Assent Date: 28.11.00 Commencement Date: Ss 37, 40 on 29.11.00: s. 2(1); s. 38 on 1.1.01: Government Gazette 7.12.00 p. 2865 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 Victorian Qualifications Authority Act 2000, No. 97/2000 Assent Date: 5.12.00 Commencement Date: S. 41(Sch. 2 item 1) on 1.3.01: Government Gazette 1.3.01 p. 304 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 2) on 1.6.01: s. 2(2) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 4(Sch. 2 item 1) on 23.8.01: Government Gazette 23.8.01 p. 1927 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 Racing (Racing Victoria Ltd) Act 2001, No. 35/2001 Assent Date: 19.6.01 Commencement Date: S. 8 on 19.12.01: Special Gazette (No. 233) 19.12.01 p. 1 Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 Accident Compensation (Amendment) Act 2001, No. 82/2001 Assent Date: 11.12.01 Commencement Date: S. 25 on 20.10.99: s. 2(4); s. 24 on 30.5.00: s. 2(3); Pt 2 (ss 3–7), ss 13–15, 20–23 on 12.12.01: s. 2(1); s. 12 on 1.7.02: s. 2(2); ss 8–11, 16–19 on 1.7.02: s. 2(6) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 Statute Law (Further Revision) Act 2002, No. 11/2002