S. 4(4) inserted by No. 67/2013 s. 624(3). (4) On and after 1 July 2014, a claim for compensation under this Act must be given, served or lodged in accordance with section 20 of the Workplace Injury Rehabilitation and Compensation Act 2013. S. 4(5) inserted by No. 67/2013 s. 624(3). (5) This Act must be read and construed as one with the Workplace Injury Rehabilitation and Compensation Act 2013. S. 4A inserted by No. 13/1988 s. 4. 4A Interpretation S. 4A(1) amended by No. 64/1989 s. 4(1). (1) If a worker commences or has commenced to receive compensation in the form of weekly payments, the entitlement of that worker to continue to receive weekly payments and the amount of those weekly payments depends upon the provisions of this Act as in force from time to time. S. 4A(2) amended by No. 64/1989 s. 4(2). (2) Subsection (1) applies irrespective of the date (whether before or after the commencement of section 4 of the Accident Compensation (Further Amendment) Act 1988 and whether before or after the commencement of any other Act amending this Act, whether enacted before or after the first-mentioned Act)— (a) on which a worker commences or commenced to receive weekly payments; and (b) of any claim, notice or application. S. 4A(3) repealed by No. 67/1992 s. 5. * * * * *
Pt 1 Div. 2 (Heading) inserted by No. 80/2010 s. 21. Division 2—Pre-injury average weekly earnings and current weekly earnings S. 5A inserted by No. 64/1989 s. 6, amended by Nos 50/1994 s. 8, 7/1996 s. 49(a), 107/1997 ss 8(3), 30(2)–(4), 26/2000 s. 4(1)(2), 95/2003 s. 5, 102/2004 s. 38(1)(a)(b), 41/2006 s. 3, 60/2007 s. 24, 9/2010 ss 4–8, substituted by No. 80/2010 s. 21. 5A Definition—pre-injury average weekly earnings (1) In this Act, pre-injury average weekly earnings, in respect of a relevant period in relation to a worker, means, subject to this section, the sum of— S. 5A(1)(a) substituted by No. 67/2013 s. 626(2) (as amended by No. 44/2014 s. 24(26)). (a) the average of the worker's ordinary earnings during the relevant period (excluding from that period any week during which the worker did not actually work and— S. 5A(1)(a)(i) amended by No. 44/2014 s. 26. (i) was not on paid leave; or (ii) was on paid leave at a rate less than the base rate of pay)— expressed as a weekly sum; and (b) the worker's earnings enhancement (if any) in the relevant enhancement period.
S. 91(5) inserted by No. 107/1997 s. 25(2), amended by No. 82/2001 s. 14. (5) An approval by the Minister for the purposes of subsection (4)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister. S. 91(6) inserted by No. 107/1997 s. 25(2), amended by No. 26/2000 s. 13(2), substituted by No. 41/2006 s. 9(2). (6) For the purposes of assessing the degree of psychiatric impairment the A.M.A Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". S. 91(6A) inserted by No. 41/2006 s. 9(2). (6A) For the purposes of assessing the degree of occupational asthma impairment— (a) the A.M.A Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 5, Tables 8 and 10, there were substituted the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma"; and (b) occupational asthma has the meaning given by the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma". S. 91(6B) inserted by No. 41/2006 s. 9(2). (6B) For the purposes of assessing the degree of infectious occupational diseases impairment— (a) the A.M.A Guides apply, subject to any regulations made for the purposes of this section and subject to the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases"; and (b) infectious occupational disease has the meaning given by the guidelines entitled "Clinical Guidelines to the Rating of
(3) An application under subsection (1) is not to be made or heard if there is a determination that is to be recognised under section 91C. S. 91C inserted by No. 95/2003 s. 20. 91C Recognition of previous determinations (1) If a determination of the State with which a worker's employment is connected has been made— (a) by a court of this State under section 91A or 91B; or (b) by a designated court under a provision of a law that corresponds with section 91A or 91B; or (c) by a court of this State or another State in the course of proceedings on a claim for damages— 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
S. 92(1) amended by Nos 67/1992 s. 64(9)(a), 50/1993 s. 78(1)(c), 50/1994 s. 37(1), substituted by No. 9/2010 s. 67(1). (1) If a worker's death results from or is materially contributed to by an injury which entitles the worker's dependants to compensation, the amount of the compensation must be determined— (a) if a dependant does not have legal representation, or is a minor or a person under a disability, by the court in accordance with this section; or (b) in all other cases, by the Authority or self insurer in accordance with this section. (2) If the worker leaves any dependants wholly or mainly on the worker's earnings the amount of compensation shall be— S. 92(2)(a) amended by No. 7/1996 s. 49(b). (a) the sum of $128 420; and S. 92(2)(b) amended by No. 7/1996 s. 49(c). (b) the appropriate additional sum specified in Column 2 of the Table to this subsection in the case of each child under the age and having the status specified in Column 1 of that Table who— (i) was wholly or mainly dependent on the earnings of the worker at the time of the death; or (ii) would, but for the incapacity of the worker prior to the worker's death, have been wholly or mainly dependent on the earnings of the worker at the time of death. Column 1 Years of Age Column 2 Amounts of Compensation $ Under 1 24 470 Under 2 22 870 Under 3 21 310
(b) compensation in the form of weekly payments— (i) has been paid or is payable to the worker in respect of that injury for an aggregate period of 52 weeks (whether or not consecutive); and (ii) has not ceased to be paid or payable in respect of that injury; and S. 93CE(1)(c) amended by No. 73/2016 s. 4. (c) the worker has not attained retirement age— the Authority or self-insurer must, subject to the worker nominating a complying fund to the Authority or self-insurer and providing details of his or her tax file number to the trustee of the nominated complying fund within 3 months of receipt of a notice under subsection (4), pay, in accordance with this section, for the benefit of the worker, compensation in the form of superannuation contributions to the nominated complying fund. (2) Subsection (1) does not apply in respect of a worker in relation to any period in respect of which— (a) the worker's employer makes contributions for the benefit of the worker to any scheme or fund for the payment of superannuation, retirement benefits or death benefits (other than under a salary sacrifice agreement or arrangement); and (b) those contributions— (i) exceed the contributions (if any) necessary for the employer to avoid an individual superannuation guarantee
S. 93E inserted by No. 64/1989 s. 10, substituted by No. 67/1992 s. 15, amended by Nos 107/1997 s. 31, 102/2004 s. 23, 41/2006 s. 5(5). 93E Injury after retirement If a worker is injured within the period of 130 weeks before attaining retirement age or after attaining retirement age, the worker is entitled to weekly payments under this Part for not more than the first 130 weeks (whether consecutive or not) of incapacity for work. S. 93EA inserted by No. 41/2006 s. 14. 93EA Compensation for incapacity arising after retirement age (1) This section applies to a worker, not being a worker to whom section 93E applies, if the worker— (a) before retirement age— (i) suffered an injury arising out of or in the course of employment; and (ii) made a claim for compensation in respect of that injury under section 103; and (b) received a weekly payment of compensation in respect of that injury within the period of 10 years before the worker attained retirement age; and (c) after retirement age, became incapacitated for work and the incapacity is a consequence of treatment received after retirement age as an inpatient at a hospital for that injury; and (d) is not entitled to weekly payments only because section 93F applies. S. 93EA(2) amended by No. 9/2010 s. 32(b) (as amended by No. 80/2010 s. 159(e)). (2) If this section applies to a worker, the worker may apply in writing to the Authority or selfinsurer for weekly payments in respect of the incapacity payable at the rate specified in section 93B(2)(a) or (b) or 93B(3)(a) or (b).
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. S. 98(2AC) inserted by No. 7/1996 s. 23(2), amended by No. 82/2001 s. 14. (2AC) An approval by the Minister for the purposes of subsection (2AB)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister. claim—
to compensation for non-economic loss calculated in accordance with this section. 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;
(ii) subject to section 265, the modified whole person impairment set out in column 2 of Schedule 2 opposite the relevant whole person impairment as assessed in accordance with Chapter 3 for a spinal impairment; (iii) if subparagraph (ii) does not apply, the worker's degree of impairment as assessed in accordance with Chapter 3 for a spinal impairment; (iv) the worker's degree of impairment— whichever provides the worker with the higher amount for non-economic loss under subsection (2); (b) in any other case, the worker's degree of impairment. Note Subsections (2)(b) and (2A)(a)(i) and (ii) do not apply with respect to injuries that occurred before the date of commencement of the Accident Compensation and Transport Accident Acts (Amendment) Act section 265. S. 98C(3) amended by No. 26/2000 s. 15(2), substituted by No. 95/2003 s. 8(1), amended by No. 80/2010 s. 90(2)(c). (3) The amount of the non-economic loss in respect of permanent psychiatric impairment is to be calculated as at the relevant date as follows— (a) if the worker's degree of impairment is less than 30%—the amount of the non-economic loss is zero;
S. 98C(8) amended by Nos 26/2000 s. 15(4), 95/2003 s. 8(2)(b), 102/2004 s. 38(2)(g), 9/2010 s. 54(7), 80/2010 s. 82(zn), 67/2013 s. 632(zo), substituted by No. 67/2013 s. 630(4). (8) If a worker suffers an injury which entitles the worker to compensation for non-economic loss of more than one kind as specified in subsection (2), (3) or (4), the worker is not entitled to receive as compensation for non-economic loss under this section more than $555 350. (9) Where compensation has been paid under this section for an impairment resulting from an injury or under section 98 or 98A in respect of an injury, that compensation must be deducted from any compensation payable under this section in respect of any impairment resulting from an injury consisting of any recurrence, aggravation, acceleration, exacerbation or deterioration of the injury in respect of which compensation has previously been paid under this section or section 98 or 98A. S. 98C(9A) inserted by No. 102/2004 s. 18(3). (9A) If compensation has been paid for non-economic loss in respect of a prior injury or prior hearing loss, that prior injury or prior hearing loss must be taken into account in accordance with sections 88, 89, 91 and this section in determining the amount of compensation payable under this section. (10) Compensation under this section is not payable after the death of the worker concerned. S. 98C(11) inserted by No. 9/2010 s. 54(8). (11) Despite anything to the contrary in this section or section 98E, a worker is not entitled to an amount of compensation for non-economic loss under this section or section 98E or both that exceeds the
S. 98E(4) amended by No. 82/2001 s. 14. (4) An approval by the Minister for the purposes of subsection (3)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister. S. 98E(5) amended by Nos 102/2004 s. 40(a), 80/2010 s. 61(1)(d). (5) If a worker suffers on the same occasion more than one of the injuries mentioned in the Table in Schedule 3B the worker is not in any case entitled to receive as compensation under subsection (1) more than $252 250. (6) Compensation under this section is not payable after the death of the worker concerned. S. 98E(7) inserted by No. 80/2010 s. 61(2). (7) The amount of compensation for an injury that is a total loss mentioned in the Table in Schedule 3B is to be calculated as at the date of the relevant injury. Pt 4 Div. 2B (Heading) inserted by No. 80/2010 s. 77. Division 2B—Compensation for medical and like services New s. 99AAA inserted by No. 80/2010 s. 77. 99AAA Definitions (1) In this Division— family member means a partner, parent, sibling or child of the worker or of the worker's partner; parent of a worker includes a person who has day to day care and control of the worker; severe injury means— (a) paraplegia; (b) quadriplegia; (c) amputation of a limb;
(5) The requirement imposed by subsection (1) is in addition to any other relevant requirements under this Division. S. 99AB inserted by No. 67/1992 s. 21, amended by No. 50/1993 s. 78(1)(c), repealed by No. 107/1997 s. 11(4), new s. 99AB inserted by No. 80/2010 s. 77. 99AB Occupational rehabilitation services (1) A worker is entitled to receive occupational rehabilitation services referred to in this Division from— (a) a provider of occupational rehabilitation services chosen by the worker from a list of approved providers of those services nominated by the Authority, employer or selfinsurer in accordance with subsection (2); or (b) if the Authority, employer or self-insurer does not nominate a list of approved providers of those services for the purposes of this subsection, from an approved provider of those services of the worker's choice. (2) A list of providers of occupational rehabilitation services referred to in section 99(1) must consist of the names of not less than 3 approved providers of those services nominated by the Authority, employer or self-insurer having regard as far as is possible to— (a) the type of injury the worker has suffered; (b) the type of occupational rehabilitation services required; (c) where the worker resides; (d) where the provider is requested by the Authority, self-insurer or employer to provide the services. (3) If 3 approved providers of particular occupational rehabilitation services are not available, it is sufficient compliance with subsection (2) if the
S. 104B (7)(e)(iv) repealed by No. 41/2006 s. 18(1). * * * * * (f) provide to the worker a copy of— (i) any medical reports, correspondence and other documents provided to; and (ii) any medical reports, correspondence and other documents obtained from— any medical practitioner referred to in section 91(1)(b) conducting an independent examination. S. 104B(7A) inserted by No. 102/2004 s. 5(8). (7A) The Authority or self-insurer is not bound by the assessment or assessments obtained under subsection (7)(a) in determining the degree of permanent impairment (if any) under subsection (7)(b). S. 104B(7B) inserted by No. 102/2004 s. 5(8). (7B) The worker must within 60 days of being advised under subsection (7) advise the Authority or self-insurer in writing— (a) whether the worker accepts or disputes the determinations of impairment and total loss; S. 104B(7B)(b) amended by No. 41/2006 s. 18(3)(a). (b) if the worker accepts the determinations of impairment and total loss, whether the worker accepts or disputes the entitlement to compensation, if any. S. 104B(7B)(c) repealed by No. 41/2006 s. 18(3)(b). * * * * *
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—
(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(11) amended by No. 80/2010 s. 62(b). (11) For the purposes of this section, liability in relation to a claim does not include a question as to the degree of permanent impairment of a worker or whether a worker has an injury which is a total loss mentioned in the Table in Schedule 3B. S. 104B(11A) inserted by No. 26/2000 s. 17(5) , repealed by No. 41/2006 s. 18(6). * * * * * S. 104B(12) amended by No. 102/2004 s. 5(11). (12) No appeal lies to any court or Tribunal from a determination or opinion— (a) as to the degree of permanent impairment of a worker resulting from an injury; or S. 104B(12)(b) amended by No. 80/2010 s. 62(b). (b) as to whether a worker has an injury which is a total loss mentioned in the Table in Schedule 3B. S. 104B(13) amended by No. 80/2010 s. 122(3). (13) For the purposes of this section, the Minister may issue directions for or with respect to procedures for the determination of claims for compensation under section 98C, including directions requiring that information in classes of claims specified in the directions must be provided by affidavit. S. 104B(14) inserted by No. 26/2000 s. 16(5). (14) This section as amended by section 16 of the Accident Compensation (Common Law and Benefits) Act 2000 applies in respect of—
S. 114B(1)(a) amended by No. 9/2010 s. 33(3)(b)(i). (a) unless the Authority or self-insurer has made a determination of the worker's entitlement to weekly payments after the expiry of the second entitlement period; and (b) until the Authority or self-insurer has given at least 13 weeks notice under section 114 of the determination following the making of the determination. S. 114B(1A) inserted by No. 41/2006 s. 21(1), amended by No. 9/2010 s. 33(3)(b)(i). (1A) A determination under subsection (1) may be made before or after the expiry of the second entitlement period so as to terminate payments at or after the expiry of that entitlement period. S. 114B(2) amended by Nos 7/1996 s. 16(5), 107/1997 s. 30(11)(m), 9/2010 s. 33(3)(b)(i). (2) The notice is not invalid only because the date specified in the notice as the date on which the termination is to take effect is not a date immediately after the expiry of the second entitlement period but has effect on the date immediately after the completion of the second entitlement period or, if the date specified in the notice is a later date, the later date. S. 114B(3) substituted by No. 7/1996 s. 16(6), amended by Nos 107/1997 s. 30(11) (m)–(o), 28/2005 s. 23(2)(a)(b), 9/2010 s. 33(3)(b) (ii)–(iv). (3) If subsection (1) applies and notwithstanding anything to the contrary in section 93C(1), 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 under section 93B in respect of any period after the expiry of the second entitlement period provided that the worker is but for the expiry of the entitlement period otherwise entitled to weekly payments.
S. 119H inserted by No. 82/2001 s. 3. 119H Adjustment of settlement amount offers (1) This section applies if the Authority or a becomes aware at any time after providing the response required by section 119B, and before paying the worker a settlement amount, that the amount specified as the settlement amount in the response does not comply with this Division. (2) The Authority or self-insurer must, as soon as is practicable after becoming aware that the proposed settlement amount does not comply with this Division, give the worker— (a) a notice advising the worker that the proposed amount does not comply with this Division and explaining the effect of this section; and (b) an amended written response complying with section 119B. (3) For the purposes of section 119D(1), the relevant date is the date the worker was given the last amended response. (4) If— (a) the reason why a proposed settlement amount no longer complies with this Division is the coming into effect of a declaration made under section 115B(2) or 117B(2); and (b) the worker has obtained legal or financial advice in respect of a response from the Authority or self-insurer that has been amended under this section; and
Division 5—Payment of compensation 128 Provisions relating to payment of compensation S. 128(1) substituted by No. 83/1987 s. 69, amended by Nos 67/1992 ss 43(1)(a), 64(7)(a), 50/1994 s. 59(a), 107/1997 ss 18(3), 27(2)(d), 37(2)(a), 81/1998 s. 24(3)(a), 80/2010 s. 78(p). (1) If in any proceedings under this Act for the payment of compensation under section 92, 92A, 92B, 98, 98A, 98C or 98E or weekly payments or compensation under Division 2B of Part IV, the Magistrates' Court or the County Court is of the opinion that the employer, the Authority or a is responsible for any unreasonable delay— S. 128(1)(a) amended by No. 67/1992 s. 43(1)(b). (a) the Court may direct the amount of compensation determined and payable under this Act to be increased by an amount specified by the Court; and S. 128(1)(b) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 59(a), 81/1998 s. 24(3)(a). (b) the Authority or self-insurer must pay the person entitled to compensation the amount of the increase. S. 128(2) amended by No. 48/1986 s. 21, substituted by No. 83/1987 s. 69, amended by Nos 67/1992 ss 43(1)(c), 64(7)(a), 50/1994 s. 59(b)(c), 81/1998 s. 24(3)(b)(c). (2) If the Magistrates' Court or the County Court made a direction increasing the amount of compensation payable under subsection (1)(a) as a result of forming the opinion that the employer was responsible for any unreasonable delay, the Authority may require the employer to pay an amount equivalent to the increase paid by the Authority as if it were premium payable under the Accident Compensation (WorkCover Insurance) Act 1993.
review an assessment made under this Division by way of— (a) the grant of an injunction; or (b) the grant of a prerogative or statutory writ or the making of any order of the same nature or having the same effect as, or of a similar nature or having a similar effect to, any such writ; or (c) the making of a declaratory order. S. 129G(16) amended by Nos 64/1989 s. 35(g)(i)(ii), 50/1993 s. 110(1)(e), 50/1994 s. 62(6) (as amended by No. 74/2000 s. 3(Sch. 1 item 2)), substituted by No. 52/1998 s. 311(Sch. 1 item 1.6). (16) Subsection (15) does not apply to or in relation to a referral of a question of law under section 96 of the Victorian Civil and Administrative Tribunal Act 1998 or an appeal under section 148 of that Act. S. 129G(17) inserted by No. 107/1997 s. 11(5), substituted by No. 52/1998 s. 311(Sch. 1 item 1.6). (17) An application for leave to appeal under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 against an order of the Tribunal under this Division by a person other than the Authority or a self-insurer does not operate as a stay of the order or of the liability of a contributor to make such payment as is, or payments as are, determined to be payable. S. 129H inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129H Information (1) If a claim is made under this Act and the Authority or a self-insurer believes that there may have been a contribution injury, the Authority or self-insurer may require the worker or a dependant of the worker to give such information as he or she possesses as to the names and addresses of all contributors.
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
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). * * * * *
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
between the date on which the worker so refused to comply, or hindered the examination, and the date of the examination must be disregarded in calculating the period of 120 days referred to in subsections (2B) and (2D). S. 135A(2C) inserted by No. 7/1996 s. 32(1), amended by No. 81/1998 s. 25(9). (2C) Despite subsection (2B), if the application is received during the first 104 weeks after the injury, the Authority or self-insurer may refuse to make a determination if the Authority or selfinsurer is not satisfied that the worker's injury has stabilised. S. 135A(2D) inserted by No. 7/1996 s. 32(1), substituted by No. 107/1997 s. 47(4), amended by No. 81/1998 s. 25(9). (2D) The Authority or self-insurer must, within 120 days of receiving the application, advise the worker in writing— (a) of the determination; or (b) of the refusal to make a determination under subsection (2C). S. 135A(2DA) inserted by No. 107/1997 s. 47(5), amended by No. 81/1998 s. 25(9). (2DA) The advice referred to in subsection (2D) must be accompanied by— (a) a copy of all medical reports; and (b) affidavits attesting to such other material— existing when the advice is given and of which the employer, Authority or self-insurer or the legal representative of any of them is aware and on which they intend to rely or the substance of which they intend to adduce in evidence in proceedings brought by the worker in accordance with this section or in any related proceedings. S. 135A(2DB) inserted by No. 107/1997 s. 47(5), amended by No. 81/1998 s. 25(9). (2DB) If the Authority or self-insurer fails to advise the worker in writing within 120 days of receiving the application— (a) of the determination; or
S. 135A(4)(a) amended by No. 81/1998 s. 25(9). (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 S. 135A(4)(b) amended by No. 107/1997 s. 47(6). (b) a court, on the application of the worker made within 30 days after the determination was made or, with the consent of the Authority under subsection (6A), after that period, gives leave to bring the proceedings. S. 135A(4A) inserted by No. 107/1997 s. 47(7), amended by No. 81/1998 s. 25(9). (4A) If a worker makes an application for a determination under subsection (3) of the degree of impairment of the worker, the worker must not make a further application for such a determination unless it is the first application made after the Authority or self-insurer has refused to make a determination in accordance with subsection (2C). (5) A copy of an application under subsection (4) must be served on the Authority or self-insurer and on each person against whom the applicant claims to have a cause of action. S. 135A(6) amended by No. 50/1994 s. 64(6)(b). (6) A court must not give leave under subsection (4)(b) unless it is satisfied that the injury is a serious injury. S. 135A(6A) inserted by No. 107/1997 s. 47(8), amended by No. 82/2001 s. 23(1)(b)(ii). (6A) If, on the application of a worker, the Authority is satisfied that— S. 135A(6A)(a) amended by No. 82/2001 s. 23(1)(b)(i). (a) the worker is unable to commence proceedings in accordance with this section because of the operation of subsection (4)(b); and
(c) damages of any other kind, other than damages in the nature of interest. (8) A dependant of a worker may recover damages under Part III of the Wrongs Act 1958 in respect of the death of a worker. (9) A court must not, in proceedings under Part III of the Wrongs Act 1958 award damages in accordance with subsection (8) in respect of the death of a person in excess of $500 000. (10) Damages awarded under this section in respect of pecuniary loss shall not include damages in respect of— S. 135A(10)(a) amended by No. 80/2010 s. 78(r). (a) any loss suffered or that may be suffered as a result of the incurring of costs or expenses of a kind referred to in Division 2B of Part IV; or (b) the value of services of a domestic nature or services relating to nursing and attendance— (i) which have been or are to be provided by another person to the person in whose favour the award is made; and (ii) for which the person in whose favour the award is made has not paid and is not and will not be liable to pay. S. 135A(11) amended by No. 50/1994 s. 64(6)(e). (11) If a judgment, order for damages, settlement or compromise is made or entered in favour of a worker or the dependants of a worker in respect of proceedings referred to in subsection (1), the amount of the judgment, order for damages, settlement or compromise must be reduced by— 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
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 counter offer under that subsection, each party bears its own costs— and the court must not otherwise make an order as to costs. S. 135A(13B) inserted by No. 107/1997 s. 47(10). (13B) For the purpose of the taxing of costs in proceedings to which this section applies, that are commenced on or after 12 November 1997 any
S. 135AC(b) substituted by No. 82/2001 s. 24. (b) if the cause of action arose before 12 November 1997 and the incapacity arising from the injury was not known until after 12 November 1997, unless an application for a determination from the worker under section 135A(2B) has been made to the Authority or a self-insurer before the expiration of 3 years after the date the incapacity became known. S. 135AD inserted by No. 9/2010 s. 63. 135AD Limitation of Actions Act 1958 (1) For the avoidance of doubt, it is declared that, sections 135A and 135AC do not affect the date of accrual of a cause of action for the purposes of the Limitation of Actions Act 1958. (2) Subsection (1) is deemed to have commenced on the appointed day. S. 135B inserted by No. 67/1992 s. 46(3), amended by Nos 50/1994 s. 64(7)–(10), 81/1998 s. 25(9), 26/2000 s. 23, repealed by No. 67/2013 s. 638(6). * * * * * Pt 4 Div. 9A (Heading and s. 135BA) inserted by No. 102/2004 s. 12. Division 9A—Actions by terminally ill workers S. 135BA inserted by No. 102/2004 s. 12. 135BA Actions by terminally ill workers (1) This section applies if a worker who may have an entitlement to recover damages in accordance with section 134AB or 135A in respect of an injury arising out of or in the course of, or due to the nature of, employment believes that that injury
the Authority, a self-insurer or an employer is not liable for any costs or expenses in respect of which the Transport Accident Commission may make payment under section 122 or 145 of the Transport Accident Act 1986. 137 Liability of the Transport Accident Commission S. 137(1) amended by Nos 111/1986 s. 180(3) (Sch. 2 item 3(d)(i) (ii)), 67/1992 s. 64(7)(c). (1) Where— S. 137(1)(a) amended by Nos 83/1987 s. 75, 67/1992 s. 64(7)(c). (a) the Authority, a self-insurer or an employer is required under this Act to pay an amount of compensation in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car before the commencement of section 34 of the Transport Accident Act 1986); and S. 137(1)(b) amended by No. 111/1986 s. 180(3) (Sch. 2 item 3(d)(i)(ii)). (b) 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 payments in respect of 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. 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 amount that represents the employer's liability to pay compensation under section 125(1)(a) or 125A(3), the Authority may, in its absolute discretion, decide how that amount is to be dispersed.
(1) Subject to subsection (2), sections 89, 91 and 98C as amended by sections 17 to 19 of the Accident Compensation (Amendment) Act 2005 apply in respect of a claim for compensation lodged under section 98C on or after 18 November 2004 irrespective of whether the further injury, the prior injury or the prior hearing loss occurred before, on or after that date. (2) Despite the amendments made to sections 89, 91 and 98C by sections 17 to 19 of the Accident Compensation (Amendment) Act 2005, sections 89, 91 and 98C as in force before the commencement of sections 15, 16 and 18 of the Accident Compensation Legislation (Amendment) Act 2004 continue to apply in respect of a claim for compensation lodged under section 98C on or before 18 November 2004 in respect of a further injury which occurred on or after 12 November 1997. S. 285 inserted by No. 28/2005 s. 24. 285 Sections 111, 114 and 114B Despite section 4A, sections 111, 114 and 114B as in force after the commencement of sections 22 and 23 of the Accident Compensation (Amendment) Act 2005 apply in respect of the entitlement of a worker to weekly payments irrespective of when that entitlement arose. Pt 9 Div. 6 (Heading and s. 286) inserted by No. 73/2005 s. 4(Sch. 2 item 1). Division 6—Treasury Legislation (Repeal) Act 2005 S. 286 inserted by No. 73/2005 s. 4(Sch. 2 item 1). 286 Saving of rights under Miners' Phthisis (Treasury Allowances) Act 1938 Despite the repeal of the Miners' Phthisis (Treasury Allowances) Act 1938 by the
(Amendment) Act 2006 apply in respect of entitlement periods on or after 1 July 2006. S. 293 inserted by No. 41/2006 s. 26. 293 Section 93EA Section 93EA as inserted by section 14 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of an incapacity for work which arises on or after 1 July 2006. S. 294 inserted by No. 41/2006 s. 26. 294 Section 99 Section 99 as amended by section 16 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of a severe injury within the meaning of section 99(1A) which occurs on or after 1 July 2006. S. 295 inserted by No. 41/2006 s. 26. 295 Sections 114 and 114B Sections 114 and 114B as amended by sections 20 and 21 of the Accident Compensation and Other Legislation (Amendment) Act 2006 apply in respect of any claim for weekly payments received by the Authority or a self-insurer on or after 1 January 2005, subject to the worker being otherwise entitled to receive weekly payments in accordance with this Act. Pt 9 Div. 8 (Heading and ss 296, 297) inserted by No. 60/2007 s. 28. Division 8—Transport Accident and Accident Compensation Acts Amendment Act 2007 S. 296 inserted by No. 60/2007 s. 28. 296 Section 91 (1) Subject to subsections (2) and (3), section 91, as amended by section 25 of the Transport Accident and Accident Compensation Acts Amendment Act 2007, applies in respect of any
Section 93CA, as inserted by section 31 of the amending Act, applies in respect of an injury occurring on or after the commencement date. S. 313 inserted by No. 9/2010 s. 191, amended by No. 80/2010 s. 124, substituted by No. 67/2013 s. 641. 313 Section 93CD (1) Despite section 4A— (a) section 93CD, except subsection (5), as substituted by section 34 of the amending Act, applies in respect of an injury occurring on or after the commencement date; S. 313(1)(b) amended by No. 44/2014 s. 30. (b) section 93CD, except subsection (5), as in force immediately before the commencement of section 34 of the amending Act, applies in respect of an injury occurring before the commencement date and applies after the commencement date as if the current weekly earnings amount specified in subsection (3) as in force immediately before the commencement date were the current weekly earnings amount which applies from time to time under subsection (4) as in force after the commencement date. (2) Section 93CD(5), as substituted by section 34 of the amending Act, applies in relation to an entitlement period beginning on or after 5 April 2010. S. 314 inserted by No. 9/2010 s. 191. 314 Section 93CDA Section 93CDA, as inserted by section 35 of the amending Act, applies in respect of a claim relating to an injury occurring on or after the commencement date. S. 315 inserted by No. 9/2010 s. 191. 315 Section 93CE Section 93CE, as inserted by section 37 of the amending Act, applies in respect of injuries occurring on or after the commencement date.
S. 316 inserted by No. 9/2010 s. 191. 316 Section 92B Section 92B, as inserted by section 39(2) of the amending Act, applies in respect of claims given, served or lodged on or after the commencement date. S. 317 inserted by No. 9/2010 s. 191 (as amended by No. 80/2010 s. 159(q)(ii)). 317 Sections 96 and 96A Sections 96 and 96A, as amended by sections 40 and 41 of the amending Act, apply in relation to an injury occurring on or after the commencement date. S. 318 inserted by No. 9/2010 s. 191, repealed by No. 67/2013 s. 645. * * * * * S. 319 inserted by No. 9/2010 s. 191 (as amended by No. 80/2010 s. 159(q)(iii)). 319 Section 114 Section 114(2)(c)(ii), (2A), (2B) and (2C), as substituted or inserted by section 45 of the amending Act, applies to a claim whether made before, on or after the commencement date. S. 320 inserted by No. 9/2010 s. 191. 320 Section 91 Section 91, as amended by section 53 of the amending Act, applies in respect of a claim under section 98C or 98E whether made before, on or after the commencement date if the worker attends the first impairment assessment for the purposes of section 104B(2)(b) on or after the commencement date. S. 321 inserted by No. 9/2010 s. 191. 321 Section 98C Section 98C, as amended by section 54 of the amending Act, applies in respect of a claim under section 98C whether made before, on or after the commencement date if the worker attends the first impairment assessment for the purposes of
more of those employers but not for all those employers. 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 Column 1 Item Column 2 Class of worker at time of injury Column 3 Calculation of pre-injury average weekly earnings for all employers multiplied by— (a) the prescribed number of hours per week; or (b) the total of the worker's ordinary hours per week— whichever is the lesser. 9 Worker who, during the period of 52 weeks immediately before the injury, receives advice in writing from the employer that the worker is to be promoted or otherwise appointed to a new position (otherwise than on a temporary basis) with the effect that the worker's ordinary earnings will be increased but has not been so promoted or appointed. The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the amount that is the average of the earnings expressed as a weekly sum that the worker could reasonably be expected to have earned after the promotion or appointment had taken effect as if the promotion or appointment had taken effect 52 weeks before the injury. 10 Full time student at a education institution within the meaning of the Education and Training (a) Until the worker, but for the injury, would have completed the course as a full time
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
23 400 75 47 222 72 24 394 75 48 212 72 25 388 75 49 202 71 26 383 75 50 192 70 27 376 75 51 182 70 28 370 75 52 172 69 29 364 75 53 161 68 30 357 75 54 150 68 31 351 75 55 139 68 32 344 75 56 128 67 33 337 75 57 117 65 34 330 75 58 105 61 35 322 75 59 93 56 36 315 75 60 81 50 37 307 75 61 68 43 38 299 75 62 55 35 39 292 74 63 42 27 40 283 74 64 29 19 41 275 74 65 0 0 Sch. 2 repealed by No. 48/1986 s. 32, new Sch. 2 inserted by No. 95/2003 s. 14. 98C Column 1 Column 2 Whole person impairment as assessed in accordance with Chapter 3 of the A.M.A. Guides Modified whole person impairment 5 10.00 6 10.20